1.1. These Terms of Use (the "Terms") constitute the agreement between you, whether acting as an individual or on behalf of a legal entity ("You" or "Your" or the "User") and Lineup Games Ltd, a or any of its subsidiaries or affiliates according to the relevant matter, service and product ("We", "Us", the "Company", and "Our") concerning Your access and use to Our services, including through channels, mobile website or mobile application or other services which may be related and/or linked and/or otherwise connected thereto to Our services and/or offered by Us. Each of You and Us shall also be referred as Party and collectively Parties.
1.2. We operate Striker League and Gold Striker games at https://www.lineupgames.io and http://unkjd.com (the "Website", each a "Game" or the "Platform") and as may be available via mobile applications, downloadable or now, via the Apple App Store and the Google Play Store (the "App'). The use of the Website and on each of the Games shall be referred in these Terms as the "Services".
1.3. BY ACCESSING THE WEBSITE AND/OR BY DOWNLOADING THE APP YOU ARE AGREEING TO THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS YOU SHOULD NOT ACCESS THE WEBSITE OR DOWNLOAD THE APP.
1.4. In addition to this Terms Your use of the Website and the App will also be governed by the following terms and policies (each a Policy). By agreeing to this Terms You agree that You have reviewed and agreed to the following terms and conditions:
If there is any conflict between the provisions of this Terms and another Policy, the provisions of the other Policy will prevail to the extent of the conflict.
1.5. We may, from time to time, publish on the Services additional terms and conditions or other documents which are hereby expressly incorporated herein by reference. We reserve the right, in Our sole discretion, to make any changes or any modifications to these Terms of Use and at any time and for any reason.
1.6. The User hereby understands, warrant, and represent that it is the User's responsibility to periodically review these Terms of Use to stay informed of updates. The User shall be subject to and will be deemed to: (1) have been made aware of changes to the Terms of Use as will be amended from time to time; and (2) to have accepted the amendments in any revised version of the Terms of Use as long as the User continues to use the Services after the date such revised Terms of Use are updated in the Website.
1.7. The information on the Services is not intended for distribution and/or to be used by any individual and/or legal entity in any jurisdiction or country where such distribution or use would be in violation to any law and/or regulation and/or which would subject Us to any registration requirement within such jurisdiction or country. Accordingly, any individual and/or legal entity who choose to access the Services and\or the Website from other locations do so on their own initiative and are solely responsible for compliance with the local laws or regulations, and to the extent local laws or regulations are applicable.
1.8. The Services are intended for users who are at least 18 years old. It is strictly prohibited for people under the age of 18 to use or register for the Services in whole or in part and to enter into the Website or the App.
2.1. The Website and App is free to use but You will need to register an account with us on the Website or the App in order to access certain services available on each of the Website and the App (Account). If you register an Account, You will be asked to provide certain information and You will receive an email with a one-time password each time You will log in, as part of our security procedures. You must treat this password as confidential and You must not disclose it to any third party. If You know or suspect that anyone other than you knows Your Account login details You must immediately notify Our customer service team.
2.2. You are responsible for any unauthorized use of Your Account login details.
2.3. If You download or stream the App onto any phone or other device not owned by You, You must have the owner's permission to do so. You will be responsible for complying with these Terms, whether or not You own the phone or other device.
2.4. We do not guarantee that the Website or the App, or any content on them, will always be available or be uninterrupted.
2.5. We do not guarantee that the Website or the App will be totally secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programs and platform in order to access the Website and/or the App and we recommend that You use your own virus protection software.
2.6. The Website, the App, the Documentation and the Service are provided for entertainment purposes only. They do not offer advice on which you should rely including any form of financial or investment advice. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the Website, the App or the Documentation. Although we make reasonable efforts to update the information provided by the App and the Service, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
2.7. WE PROVIDE THE WEBSITE, APP, SERVICE, GAME, ACCOUNTS AND ALL OTHER FEATURES, PRODUCTS AND DOCUMENTATION ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, GUARANTEES, AND CONDITIONS OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES AND CONDITIONS OF TITLE, NON-INFRINGEMENT, SATISFACTORY QUALITY OR RELIABILITY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
2.8. Without limiting the foregoing, we do not ensure continuous, uninterrupted, error-free, secure or virus-free operation of our Website, App, Service, Game or your account or that the same will function properly in combination with any third-party component, technology, hardware, software or system. Nor do we ensure that defects in any portion of the same will be corrected. We may change, modify, disable, suspend or remove any such feature, product, service, software, art, graphics or other content, in whole or in part, at our sole discretion. We do not control or endorse User Content or the related content, messages, facts, views, opinions, recommendations, data, files, video, audio, graphics or information exchanged by means of the Website, App, Service, or Game including, without limitation, the information contained in the public postings areas of the Website, App, Service, or Game and information provided or statements made by a celebrity, "expert," or similar guests and, therefore, we specifically disclaim any liability resulting therefrom. You acknowledge that the Website, App, Service, and Game have not been developed to meet your individual requirements. We are not liable for any delay or failure to perform resulting from any causes beyond our reasonable control.
2.9. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES; AS SUCH THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU IN ITS ENTIRETY.
2.10. The Website, the App or the Service may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).
2.11. You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.
In return for your agreeing to comply with this Terms and other Policies, You may:
4.1. Some Services may require you to link Your personal wallet with the Platform. The Platform is a purely on-chain non-custodial application, meaning You are solely responsible for the custody of the cryptographic private keys to the digital wallets You hold, and the assets in your wallet (even upon linking it to the Platform) are solely yours. These Terms of Use is not intended to, and does not, create or impose any fiduciary duties on Us. We draw to your attention that the wallet is a third party, owned by you, and not related to Us, and We advise you to read its terms of use.
4.2. You understand and agree that We are not a wallet provider, custodian, exchange or licensed entity.
4.3. We do not store Your private keys, backup phrases or passwords (the "Private Information"). It is very important that You back up such Private Information. If You lose Your Private Information, then it will not be possible for Us to recover it for You and You may lose access to Your cryptocurrency. We are not liable for any such losses.
5.1. From time to time, We may allow You to acquire a limited license to access virtual assets (including virtual in-game currency and in-game items and features) related to the Game (In-Game Assets). For the purposes of this clause, the term "In-Game Assets" shall not include any assets, features, entries, and transactions that occur or exist on or have been recorded on a blockchain-based ledger (On-Chain Assets).
5.2. In-Game Assets may not be available in every region or at all times, and the Company makes no representation or warranty about the continuous availability of either.
5.3. We may, from time to time, provide You with a limited license to access In-Game Assets. You have no ownership or other property interest in any In-Game Assets, regardless of how you acquired Your limited license to access the In-Game Assets. In-Game Assets do not have any monetary value or real-world existence. You can't redeem them for money or monetary value from us or any other person, except as required by law. You can't obtain any refunds for purchasing In-Game Assets, except as expressly permitted by us or required by law. Your right to use any In-Game Assets that You obtain is limited: You have a limited, non-exclusive, non-assignable, non-transferable, non-sublicensable, revocable license to use such In-Game Assets solely for Your personal entertainment and noncommercial use in connection with the Game or the Service. We, in our sole discretion, have the absolute right to manage, modify, substitute, replace, suspend, delete, or cancel, In-Game Assets without any notice or liability to you, including deletion upon termination of Your account.
5.4. YOU ACKNOWLEDGE AND AGREE, NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, THAT YOU WILL HAVE NO CLAIM, RIGHT, TITLE, OWNERSHIP, OR PROPRIETARY INTEREST IN IN-GAME ASSETS TO WHICH YOU ACQUIRE ACCESS REGARDLESS OF ANY CONSIDERATION OFFERED OR PAID IN EXCHANGE AND THAT THE COMPANY WILL NOT BE LIABLE IN ANY MANNER FOR THE DESTRUCTION, IMPAIRMENT, MODIFICATION, OR OTHER DAMAGE OR LOSS OF ANY KIND CAUSED TO THE AFOREMENTIONED, INCLUDING THEIR DELETION UPON THE TERMINATION OF YOUR ACCOUNT.
5.5. In-Game Assets, fees, and billing procedures may change over time. The existence of a particular offer for In-Game Assets does not mean the Company will maintain or continue to make available the In-Game Assets or that offer. The scope, variety and type of In-Game Assets that You may obtain can change at any time and We have the right to manage, regulate, control, modify or remove In-Game Assets in Our sole discretion, in which case We will have no liability to You or anyone for the exercise of such rights. The Company may change its fees or billing procedures upon notice of the changes. If any such change is unacceptable to You, Your sole recourse is to terminate Your use of the Service. Your continued use of the Service after notice of the changes will indicate Your acceptance of those changes. The price and availability of In-Game Assets are subject to change without notice.
5.6. Depending on Your location, You may have a right to withdraw from the purchase of In-Game Assets under the applicable law.
5.7. WE DO NOT MAKE ANY RECOMMENDATIONS OR REPRESENTATIONS WITH RESPECT TO THE VALUE OR FITNESS OF ANY PARTICULAR IN-GAME ASSETS THAT YOU MAY INTERACT WITH ON THE WEBSITE OR APP.
6.1. MBS and any other token that will be part of Our Platform are not and do not represent a security nor equity interest, a futures contract, a contract for differences, a debenture, loan stock, bonds, certificates of deposit, debt instrument or any other instruments creating or acknowledging indebtedness or any right in the Company. Nor they are and nor do represent an instrument or entitlement to any of the previously mentioned instruments and interests.
The Platform may allow Users, in several jurisdictions (at the Company's sole discretion) to convert in-game currency (GEMs) into MBS tokens through a converter feature. This conversion process, once done by a User, is final, non-reversible, and non-refundable. Such conversion shall be executed via the Company's distributor, which is a third-party entity. The value of MBS tokens may fluctuate, and the Company makes no guarantees regarding their future value. By using the converter, you acknowledge that conversions carry inherent risks, including market volatility, cyber risks, risks related to your wallet, and potential changes that may impact the usability of MBS tokens in your region. You are responsible for ensuring compliance with applicable laws in your jurisdiction. The Company and its distributor are not liable for any losses or issues arising from the use of the Converter, including wallet access or token performance.
8.1. The Platform allows its users to own certain specific virtual assets, as We may design and release, within Our sole discretion from time to time, in the form of non-fungible tokens issued on the Solana Blockchain or otherwise as Blockchain-based tokens, as well as the underlying smart contracts ("NFTs"). NFTs may, but do not have to, be designed as digital collectibles and/or items with a function within the Platform.
8.2. We may introduce, from time to time, breeding program(s), enabling You to create a new in-game NFT (the "Breeding"). In order to start Breeding, You shall be required to have NFT's that are eligible for breeding, an NFT breeding capsule and pay a breeding fee (MBS tokens) to initiate the Breeding.
8.3. Each newly bred NFT may have some of the genetic traits of its parents alongside new genetic random traits. The smart contracts have total control over the random elements of the Breeding process, which means that we cannot control them.
8.4. After You initiate the Breeding process, a new NFT will be transferred to Your personal wallet after the breeding period to be determined by Us.
8.5. Neither the Company nor any other person or entity has any obligation to exchange the NFTs for anything of value. We are not liable for hacking or loss of your NFTs.
9.1. From time to time, the Company may allow access to alpha or beta testing of (the part of) the Game or Service before their full commercial release. The alpha or beta versions are not final; they are released to test the features, capabilities, and performance of (the part of) the Game and Service.
9.2. Providing and maintaining an alpha or beta is at the Company's sole discretion. You will only be able to access a closed alpha or beta if the Company designates You as a closed alpha or beta participant. After registering for a closed alpha or beta, there may be a wait to use (the part of) the Game or Service for a variety of reasons, including our server load and technical capabilities.
9.3. Please note that an alpha or beta version is not complete and is provided to You 'as is' without any additional warranties or promises. The Company will not be liable for incomplete or nonfunctional software, software errors that cause damage to Your computer or device or data loss, hardware failures, or disruption of service.
9.4. The Company may terminate an alpha or beta test at any time, for any reason or for no reason. If the Company terminates an alpha or beta test, you must delete the pre-release version of the Game or Service and all materials you received from the Company in connection with the alpha or beta test. The Company may require you to remove any elements of the alpha or beta from any hard drives of any devices on which the pre-release version of the Game or Service has been installed. You agree and acknowledge that the Company's termination of the test shall not be grounds for any refunds of any kind, including but not limited to the purchases of In-Game Assets made during an alpha or beta test.
9.5. From time to time, test versions of Games or Service may have features that allow you to purchase licenses to use In-Game Assets or other services (Alpha/Beta Purchases). IF YOU PURCHASE A LICENSE TO USE ALPHA/BETA PURCHASES DURING A TEST, ALPHA/BETA PURCHASES MAY NOT TRANSITION INTO THE FINAL RELEASE VERSION OF THE GAME OR SERVICE. TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW, WE WILL NOT PROVIDE YOU WITH A REFUND FOR ANY ALPHA/BETA PURCHASES MADE DURING A TEST. If Alpha/Beta Purchases do not transition to the final release version, we will provide you with information that explains what, if any, credit for Alpha/Beta Purchases you may receive once the test has concluded.
9.6. You acknowledge and agree that any materials, including but not limited to, questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by you to us as feedback are non-confidential and shall become the sole property of the Company.
10.1. We may offer many types of events, leagues, tournaments, matches, challenges, and game types ("Events") in connection with the Game. Certain types of Events may not be available in all locations or jurisdictions. By using the Service, You acknowledge and agree that the Company may, in its sole discretion, start, end, modify, or limit any Event at any time and for any reason or for no reason with no liability to You. The Company reserves the right, at its sole discretion, to adjudicate any Event result.
10.2. By participating in an Event, you represent and warrant that You are eligible to participate and are physically located in a region in which participation in the Events offered through the Game is unrestricted by law. You are subject to all laws of the state, province, country, and region in which you reside and from which you access the Game and you are solely responsible for obeying those laws. You agree that the Company cannot be held liable if laws applicable to you restrict or prohibit your participation. The Company makes no representations or warranties, implicit or explicit, as to Your legal right to participate in any Event offered on or through the Service, nor will any person affiliated with or claiming affiliation with the Company have authority to make any such representations or warranties.
The Company complies with the applicable Anti-Money Laundering (AML) laws, requiring user identity verification (KYC) and monitoring transactions for suspicious activity. We reserve the right to monitor (directly and via 3rd parties) restrict or terminate accounts for violations, including accessing the Platform from sanctioned and other jurisdictions or Users providing false information. Any suspicious behavior may be reported to relevant authorities without prior notice.
THE SERVICES WILL ONLY BE AVAILABLE TO YOU TO USE IF YOU ACCEPT ALL OF THE TERMS OF USE CONTAINED HERE INCLUDING OUR DISCLAIMER, PRIVACY POLICY AND THE AML TERMS (COLLECTIVELY, THE "POLICIES"). BY USING SERVICES, OR ANY PART OF THEM, OR INDICATING YOUR ACCEPTANCE BY REGISTERING AND/OR CONNECTING TO THE PLATFORM, YOU ARE CONFIRMING THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND AND SUBJECT BY THE POLICIES. IF YOU DO NOT AGREE AND/OR ACCEPT THE POLICIES, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY. WE ARE ONLY WILLING TO MAKE THE SERVICE AVAILABLE TO YOU ONLY IF YOU ACCEPT ALL OF THESE TERMS OF USE.
13.1. This Website is for Your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any content, software, products or services contained within this Website. You may not use this Website, or any of its content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own website without our prior approval in writing. The images and other Company's IP within the NFTs You own are licensed to you on a limited, non-sublicensable, revocable basis solely for non-commercial use.
13.2. Subject to your compliance with this Terms and other Policies, we grant you a limited, non-exclusive, non-transferable, revocable, non-sublicensable license to use and/or download and install the following on a compatible device that you own or control:
13.3. You may not copy the Software, Documentation, or any content within the Service except for making a reasonable number of copies for backup or archival purposes. The Company reserves all rights in and to the Software, Documentation, and Service not expressly granted to you under this Terms.
14.1. Before using the Services and each time thereafter, You represent and warrant that:
14.1.1. You are aware and understand that the Company is not a custodian or exchange, and that the Company is not a licensed entity.
14.1.2. You shall be solely responsible for maintaining the confidentiality of Your Private Information, and for any and all actions and transactions taken by You by using the Services by anyone who enters Your wallet while using Your Private Information, and all such actions and transactions shall be deemed as actions and transactions taken by You.
14.1.3. You are aware of the risks associated with utilizing any crypto assets (including NFTs), or blockchain network, including, but not limited to, the risk of unknown vulnerabilities in or unanticipated changes to any network protocol.
14.1.4. We reserve the sole right to choose jurisdictions to conduct any of the Services (in part or in whole), and We may restrict, block or refuse, in Our sole discretion, any of the provisions of the Services in any jurisdictions and\or to restrict the Services from specific individuals or legal entities.
14.1.5. You have the legal capacity and You agree to comply with all of these Terms of Use and any other legal documents published in the Website;
14.1.6. You are at least 18 years of age and not consider as a minor in the jurisdiction in which You reside;
14.1.7. All the information and documents provided by You and submitted during the registration are Yours, and that they are current, accurate, true, and complete;
14.1.8. You will maintain the accuracy of all information and update Us promptly with any update relevant to Your registration information as necessary;
14.1.9. You will not access the Services through automated and non-human means, whether through a bot, script or otherwise or for building public tools\bots that may facilitate transparency and analysis. Except as expressly mentioned herein;
14.1.10. You will not use the Services for any illegal activity and/or unauthorized purpose.
14.1.11. Your use of the Services will not violate any applicable law and/or regulation.
15.1. Minimum operating requirements. The App requires a smartphone or other mobile device running a version of the iOS or Android operating system that is supported by the App. To access the Website or download the App You will also need internet access.
15.2. Consumer use only. The Website and the App for use by consumers only and not by any person acting in the course of their trade, business, craft or profession (Consumer). By using the Website or the App You are warranting that you are a Consumer.
15.3. Personal license. The license to use the Website, the App and the Service granted in this Terms is personal to You and you may not otherwise transfer the App to someone else, whether for money, for anything else or for free. If You sell any device on which the App is installed you must remove the App from the device.
You undertake to use the Services in a respectful manner, and You undertake not to:
16.1. link to the Services and/or use the Services for the purpose of uploading, downloading, distributing, publishing or transmitting (a) information or other material in a manner that violates any rights, including intellectual property rights, protection of privacy rights or any other right; (b) information or other material that is prohibited for publication or use because it constitutes threat, harm, insult, slander, defamation, racism or inappropriate content; (c) information or other material that includes a virus or other software that may damage the computer systems of the Company or any third parties or in a manner that may restrict or prevent others from using the Services; (d) information or other material that violates any law; or (e) information or other material that includes an advertisement of any kind without the prior written permission of the Company;
16.2. attempt to circumvent any content filtering techniques We employ, or attempt to access any service or area of our Services that You are not authorized to access;
16.3. introduce to the Services any virus, Trojan, worms, logic bombs or other harmful material;
16.4. develop any third-party applications that interact with the Services without Our prior written consent;
16.5. provide false, inaccurate, or misleading information;
16.6. use the Services using any interface other than the Platform;
16.7. interfere with other Users' use of the Services;
16.8. use bots or other automated methods to access or use the Services;
16.9. upload or transmit (or attempt to upload or to transmit), without the Company's express permission, any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, web bugs, cookies or other similar spyware devices;
16.10. engage in "framing," "mirroring," or otherwise simulating the appearance or function of the Services;
16.11. violate any applicable laws or regulations, encourage or promote any illegal activity, including, but not limited to, copyright infringement, trademark infringement, defamation, invasion of privacy, identity theft, hacking, cracking or distribution of counterfeit software;
16.12. make any changes and/or interfere in any way in the source code of the Services and upload any software and/or application that may harm or cause damage to the Company, the Services or any other third party;
16.13. disassemble, decompile or otherwise reverse engineer any software or other technology included in the Services or used to provide the Services;
16.14. use Virtual Private Network software or any other privacy or anonymization tools or techniques in order to circumvent any restrictions which apply to the Services, especially those which restrict the geographical availability of the Services.
16.15. use the Services to pay for, support or otherwise engage in any illegal activities, including, but not limited to, illegal gambling, fraud, money laundering, or terrorist activities as detailed in our AML policy; and
16.16. encourage or induce any other person to engage in any of the activities prohibited under this section.
16.17. You acknowledge that without prejudice to any other right of the Company, if the Company is concerned that Your use of the Services does not comply with the provisions of these Terms of Use or any applicable law, the Company may track Your use of the Services, prevent You from accessing the Services, transfer Your behavior patterns on the Services to third parties, and perform any other action the Company may deem appropriate to protect its property and/or rights and/or rights of third parties.
16.18. You must:
17.1. All intellectual property rights in the Website, the App, the Game, and any related to the Services, including all associated content, functionalities, and documentation, are owned or licensed by Us. These rights are licensed to You solely for personal, non-commercial use under these Terms. You do not acquire any ownership or other intellectual property rights in or to the Services, except as expressly granted in these Terms.
17.2. For any NFTs purchased or received, and any associated enhancements, improvements, skins, tools, or artwork ("Artwork"), the following applies:
a. You are granted a limited, non-exclusive, worldwide, non-transferable, and non-sublicensable license to: Use the Artwork for personal, non-commercial purposes as part of the Game; Transfer or sell the Artwork to others lawfully through authorized marketplaces or other methods permitted by Us.
b. You do not acquire any ownership or proprietary interest in the Artwork, including its underlying designs, audiovisual works, or related content. All intellectual property rights in and to the Artwork remain exclusively with Us.
17.3. You may not, and will not permit others to: (a) Create derivative works, modify, or alter the Artwork or Content without Our prior written consent; (b) Use the Artwork, Content, or Services in any manner that violates these Terms or applicable laws; (c) Register or attempt to register any intellectual property rights related to the Artwork or Content; (d) Engage in fraudulent or deceptive activities to manipulate the value of the Artwork or NFTs; (e) Use harmful technologies, including malware or other tools, to disrupt or harm the Services or systems supporting the Artwork.
17.4. Unless otherwise stated, all elements of the Services, including but not limited to source codes, databases, functionalities, software, designs, audio, video, text, photographs, graphics, techniques, methods, systems, processes, know-how, trade secrets, and other intellectual property ("Content"), are owned or licensed by Us.
17.5. The Content, trademarks, service marks, and logos within the Services ("IP") are protected by copyright, trademark, and other intellectual property laws, as well as international conventions.
17.6. Except as explicitly authorized, You may not copy, reproduce, aggregate, republish, upload, post, publicly display, encode, translate, transmit, distribute, sell, license, or otherwise exploit the Content, IP, or Services for any commercial purpose without Our prior written permission.
18.1. BY CONNECTING YOUR WALLET AND AGREEING TO OUR TERMS OF USE, YOU ACKNOWLEDGE THAT THIS ACTION MAY OVERRIDE ANY PREVIOUS COOKIE PREFERENCES, INCLUDING ANY REJECTION OF NON-ESSENTIAL COOKIES. THIS MEANS THAT, UPON AGREEING TO THE TERMS, WE MAY PROCEED WITH DATA COLLECTION ACTIVITIES THAT WERE INITIALLY DECLINED, AS NECESSARY TO PROVIDE YOU WITH THE FULL SCOPE OF OUR SERVICES. IF YOU HAVE ANY CONCERNS OR WISH TO REVIEW OR MODIFY YOUR CONSENT PREFERENCES, PLEASE CONTACT US THROUGH OUR "CONTACT" PAGE.
19.1. While using the Services, You may find links to other websites ("3rd Party Websites") as well as articles, photograph, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("3rd Party Content").
19.2. You hereby acknowledge and agree that any 3rd Party Websites and/or 3rd Party Content are not investigated and/or monitored and/or checked for any accuracy, appropriateness and/or completeness by Us.
19.3. You hereby release Us from any responsibility for any 3rd Party Websites accessed through the Services, or any 3rd Party Content posted on, available through, or installed from the Services, including the content and/or accuracy and/or offensiveness and/or opinions and/or reliability and/or privacy practices and/or other policies of and/or contained in the 3rd Party Websites or the 3rd Party Content.
19.4. Inclusion of and/or linking to and/or permitting the use or installation of any 3rd Party Websites or any 3rd Party Content does not imply approval or endorsement thereof by Us. By deciding to leave the Services and accessing the 3rd Party Websites and/or to use and/or install any 3rd Party Content, You do so at your own risk and You should be aware that these Terms of Use will no longer be governed or applicable.
19.5. If You decide to leave the Services and access the 3rd Party Websites or any 3rd Party Content, We encourage You to review the applicable terms and policies, including but not limited to the privacy and data gathering practices, of any website to which You navigate from the Services and/or relating to any applications You use and/or install that are not related to the Services.
19.6. Any purchase You make through 3rd Party Websites will be through other websites and from other companies with no relation to Us, and we take no responsibility whatsoever in relation to such purchases which are exclusively between You and the applicable 3rd party.
19.7. You agree and acknowledge that we do not endorse the products and services offered on 3rd Party Websites and You should hold us harmless from any harm caused by your purchase of such products and/or services.
19.8. Additionally, You agree and acknowledge to hold us harmless from any losses You sustained resulting in any way from any 3rd Party Content or any contact with 3rd Party Websites.
20.1. You may send requests, questions, comments, suggestions, ideas, feedback or other information regarding the Services or the Website ("Submissions") through our "Contact" page.
20.2. You acknowledge and agree that any Submission provided by You to us is non-confidential and becomes our sole property. Following any Submission, We shall own exclusive rights, including all intellectual property rights, and should be entitled to the unrestricted use and dissemination of these Submissions to any lawful purpose, commercial, or otherwise, without acknowledgment or compensation to You.
20.3. You hereby waive any rights (moral and/or other forms) to any such Submissions, and You hereby warrant that any such Submissions originated with You or that You have the right to submit such Submissions. You agree there should be no recourse against Us for any alleged or actual infringement or misappropriation of any proprietary right in Your Submissions.
21.1. In order for Us to provide You with the Services, We must maintain certain data that You transmit for the purpose of managing the performance of the Services, as well as data relating to your use of the Services.
21.2. Although We perform regular routine backups of data, You are solely responsible for all data that You transmit and/or that relates to any activity You have undertaken using the Services.
21.3. You agree that We shall have no liability to You for any loss or corruption of any such data, and You hereby waive any right of action against Us arising from any such loss or corruption of such data.
This Terms of Use and your use of the Services are governed by and constructed in accordance with the laws of Israel and applicable to agreements made and to be entirely performed in Tel Aviv, Israel, without regard to its conflicts of law principles. If you are a Consumer and are resident in the UK or the European Union and we direct the Service to (and/or pursue our commercial or professional activities in relation to the Service in) the country in which you are resident, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these Terms affects your rights as a consumer to rely on such mandatory provisions of local law.
In order to expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use ("Dispute", and "Disputes") which may arise by either You or Us (individually, a "Party" and collectively, the "Parties"), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration ("Informal Negotiations"). Such Informal Negotiations commence upon written notice from one Party to the other Party.
24.1. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR ACCESS TO AND/OR USE OF THE SERVICES ARE AT YOUR SOLE RISK, AND THAT THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NEITHER WE NOR OUR SUBSIDIARIES, AFFILIATES, AND LICENSORS (IF ANY) MAKE NO EXPRESS WARRANTIES AND HEREBY DISCLAIM ALL IMPLIED WARRANTIES REGARDING THE SERVICES AND ANY PART OF IT (INCLUDING, BUT NOT LIMITED TO, THE WEBSITE, OR ANY EXTERNAL WEBSITES), INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, CORRECTNESS, ACCURACY, OR RELIABILITY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NEITHER WE, NOR OUR SUBSIDIARIES, AFFILIATES, AND LICENSORS (IF ANY) REPRESENT OR WARRANT TO YOU THAT: (I) YOUR ACCESS TO AND/OR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) YOUR ACCESS TO AND/OR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE AND/OR FREE FROM ERROR, (III) ANY USAGE DATA PROVIDED THROUGH THE SERVICES WILL BE CORRECT AND/OR ACCURATE, (III) THE SERVICES AND/OR ANY CONTENT, AND/OR FEATURES MADE AVAILABLE ON AND/OR THROUGH THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, AND/OR (IV) THAT ANY DATA THAT YOU DISCLOSE WHEN YOU USE THE SERVICES WILL BE SECURE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN CONTRACTS WITH CONSUMERS, SO SOME AND/OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
24.2. NOTHING INCLUDED IN THE PLATFORM CONSTITUTES AN OFFER OR SOLICITATION TO SELL, BUY, HOLD, DEPOSIT, STAKE OR DISTRIBUTE SECURITIES, TOKENS, NFTS, RELATED STAKING OR LOCKING PRODUCTS, INVESTMENTS, INVESTMENT PRODUCTS OR RELATED SERVICES TO ANYONE IN ANY JURISDICTION.
24.3. THE PRICE OF DIGITAL ASSETS, INCLUDING NFTS, CAN BE HIGHLY UNPREDICTABLE AND VOLATILE WHEN COMPARED TO OTHER ASSETS. YOU SHOULD NOT USE THE PLATFORM UNLESS YOU UNDERSTAND ITS NATURE AND THE EXTENT OF YOUR EXPOSURE TO RISK.
24.4. MBS, NFTS AND OTHER TOKENS (IF APPLICABLE) ARE A DIGITAL ASSETS WHICH ARE NOT REGULATED BY ANY CENTRAL BANK OR OTHER GOVERNMENT AUTHORITY. WE PROVIDE NO REPRESENTATION AS TO THE LEGAL STATUS OF NFTS, MBS AND OTHER TOKENS (IF APPLICABLE) IN ANY JURISDICTION. WE DO NOT PROVIDE INVESTMENT ADVICE WITH REGARD TO THE PURCHASE OF NFTS, MBS, OTHER TOKENS (IF APPLICABLE) OR THE USE OF THE SERVICES.
24.5. THE COMPANY IS NOT RESPONSIBLE FOR LOSSES DUE TO BLOCKCHAIN OR ANY OTHER FEATURES OF THE SOLANA NETWORK, OR ANY OTHER BLOCKCHAIN NETWORK, OR YOUR WALLET OR ANY OTHER, INCLUDING, BUT NOT LIMITED TO, LATE REPORT BY DEVELOPERS OR REPRESENTATIVES (OR NO REPORT AT ALL) OF ANY ISSUES WITH THE BLOCKCHAIN SUPPORTING THE SOLANA NETWORK, INCLUDING FORKS, TECHNICAL NODE ISSUES, OR ANY OTHER ISSUES CAUSING FUND LOSSES AS A RESULT.
25.1. YOU UNDERSTAND AND AGREE THAT WE, OUR SUBSIDIARIES, AFFILIATES, AND LICENSORS (IF ANY) WILL NOT BE LIABLE TO YOU AND/OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, AND/OR EXEMPLARY DAMAGES WHICH YOU MAY INCUR, HOWSOEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF PROFITS (WHETHER INCURRED DIRECTLY OR INDIRECTLY), LOSS OF GOODWILL AND/OR BUSINESS REPUTATION, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS AND/OR SERVICES, AND/OR ANY OTHER INTANGIBLE LOSS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
25.2. YOU AGREE AND ACKNOWLEDGE THAT WE HAVE MADE THE SERVICES AVAILABLE TO YOU AND ENTERED INTO THESE TERMS OF USE IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN, WHICH REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN THE PARTIES AND FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. YOU AGREE AND ACKNOWLEDGE THAT WE WOULD NOT BE ABLE TO PROVIDE THE SERVICES TO YOU WITHOUT THESE LIMITATIONS.
25.3. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND SOME JURISDICTIONS ALSO LIMIT DISCLAIMERS OR LIMITATIONS OF LIABILITY FOR PERSONAL INJURY FROM CONSUMER PRODUCTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO PERSONAL INJURY CLAIMS.
25.4. SAVE AS SET OUT IN THIS CLAUSE, OUR AGGREGATE LIABILITY TO YOU IN RESPECT OF ANY LOSS OF DAMAGE SUFFERED AND ARISING OUT OF OR IN CONNECTION WITH THIS TERMS, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE SHALL NOT EXCEED THE AMOUNT OF $25 USD.
26.1. We may, at Our sole discretion, amend, delete, modify, or change (in any form or matter), from time to time and without any notice, these Terms and any of the Services, the Game and/or the Website and its contents (including its domain and/or the Website's documents). We shall not be liable for any loss suffered by You resulting from any such changes made and You shall have no claims against Us in such regard. Such changes may be effective without prior notice. You can review the most current version of these Terms on the Website. You are responsible for checking these Terms periodically for changes. If any future changes to these Terms are unacceptable to You or cause You to no longer be in agreement or compliance with these Terms, You may stop using the Service and the App and uninstall it from Your device. You may also need to disconnect any wallet that you have connected.
26.2. From time to time We may automatically issue updates to the App to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively, We may ask you to update the App for these reasons. If You choose not to install such updates or if You opt out of automatic updates You may not be able to continue using the App.
26.3. These Terms of Use and any related policies and/or operating rules posted by Us on the Services, and/or in respect to the Services constitute the entire agreement and understanding between You and Us.
26.4. Our failure to exercise or enforce any right or provision of these Terms of Use shall not be deemed as a waiver of such right or provision.
26.5. These Terms of Use operate to the fullest extent allowed by law.
26.6. We may assign any and/or all of our rights and obligations to others at any time without notifying You in advance and/or without the need for Your consent.
26.7. We shall not be responsible and/or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.
26.8. If any provision and/or part of a provision of these Terms of Use is determined to be unlawful, void, and unenforceable, that provision and/or part of the provision is deemed severable these Terms of Use and does not affect the validity and enforceability of any remaining provisions in these Terms of Use.
26.9. There is no joint venture, partnership, employment or agency relationship created between You and Us as a result of these Terms of Use and/or from the use of the Services.
26.10. We may transfer our rights and obligations under these Terms to another organization. We will always tell You in writing if this happens and We will ensure that the transfer will not affect Your rights under the contract.
26.11. You agree that these Terms of Use will not be construed against Us by virtue of having drafted them.
26.12. You hereby waive any and all claims and/or defenses You may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.
26.13. No rights for third parties. Except where Apple is the relevant App Store Provider as detailed in Appendix 1, this Agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement.
26.14. Even if We delay in enforcing this contract, We can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against You in respect of Your breaking this contract, that will not mean that You do not have to do those things and it will not prevent Us taking steps against You at a later date.
The following terms and conditions shall apply to your use of the App in addition to those set out in this Terms.
You acknowledge and agree that this Terms have been concluded between you and us, and not with the App Store Provider. You acknowledge and agree that the App Store Provider is not responsible for the App and its content.
You acknowledge and agree that the App Store Provider has no obligation to provide any maintenance or support in respect of the App. Should you have any problems in using the App, please contact us as set out in clause 9 above.
In the event that the App does not conform with any product warranty provided for by this Terms, the App Store Provider may provide you with a refund of the price that you paid to purchase the App (if any). The App Store Provider shall, to the maximum extent permitted by law, have no obligation to you whatsoever with respect to the App.
You acknowledge and agree that the App Store Provider shall not be responsible for addressing any claims that you might have relating to the App, including (without limitation): product liability claims; any claim that the App fails to conform to any applicable legal or regulatory requirement; and claims arising under consumer protection or similar legislation.
In the event that a third party claims that the App infringes its intellectual property rights, we (and not the App Store Provider) shall be solely responsible for the investigation, defense, settlement and discharge of such claim.
You warrant and represent that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
If the App Store Provider is Apple, you acknowledge and agree that Apple and its subsidiaries are third-party beneficiaries to these Terms. Upon your acceptance of these Terms, Apple will have the right to these Terms against you as a third-party beneficiary.
You must read this "Legal Considerations, Risks and Disclaimers" paper in full before using the Platform and/or the Services. The contents of this "Legal Considerations, Risks and Disclaimers" paper outlines the terms and conditions applicable to you in connection with (i) Your use of any and all Available Information on the Website; and (ii) Your use of the Platform and/or the Services. This "Legal Considerations, Risks and Disclaimers" paper may be updated from time to time and will be published on the Website. You shall be obliged to read in full the latest available version of this paper as well as of the Available Information and all other information available on the Website prior to using the Platform.
The information set forth in this "Legal Considerations, Risks and Disclaimers" paper may not be exhaustive and does not imply any elements of a contractual relationship. While we make every reasonable effort to ensure that all Available Information and the Website is accurate and up to date, such material in no way constitutes professional advice.
All capitalized terms otherwise not defined herein shall have the meaning afforded thereto in the Terms of Use.
We (directly or via Our subsidiaries, affiliates or distributors) (the "Company") used reasonable endeavors to approach each Token (as defined below) sale/allocation in a responsible and sensible manner. Given the legal uncertain of distributed ledger technologies, businesses and activities as well as cryptocurrencies and cryptocurrency-related businesses and activities in a number of jurisdictions, the Company has spent time and resources to consider its business approach and where it proposes to operate now and in the future. It is possible that the tokens described in the Available Information and the Website, MBS token and the Score token and the in-game NFTs (together, the "Tokens") may comprise a security in your jurisdiction or the offer for sale by the Company of the Tokens in your jurisdiction may be a regulated or prohibited activity. The Company accepts no responsibility or liability to You in these or any other circumstances. You are strongly advised to take independent legal advice in respect of the legality in Your jurisdiction of using the Platform and purchase of Tokens. The Company may use subsidiaries, affiliates or distributors for facilitating any of its activities, Services and/or Tokens sale or allocation.
Citizens, nationals, residents (tax or otherwise), green card holders and/or Restricted Persons of any Restricted Jurisdiction (as defined below) are not permitted to use the Platform or participate in any Token sale or allocation or any of the services provided in our website.
The term "Restricted Jurisdiction" means (a) United States of America (and its territories, including Puerto Rico), British Virgin Islands, Israel, Cuba, Iran, North Korea, Sudan, Syria, Lebanon, Russia and the Crimea, Donetsk or Luhansk regions of Ukraine; (b) any jurisdiction listed in any sanction list issued by (i) the United States of America, (ii) the United Nations Security Council, (iii) the European Union, (iv) the United Kingdom, (v) Israel or (vi) the respective governmental institutions of any of the foregoing including, without limitation, the Financial Action Task Force (FATF), Her Majesty's Treasury, the Office of Foreign Assets Control of the US Department of the Treasury, the US Department of Commerce, the US Department of State or any other agency of the US government, the Israeli Ministry of Finance and the Israeli Ministry of Defense, each as amended, supplemented or substituted from time to time; or (c) any other jurisdiction which prohibits or requires any supervision oversight licensing regulatory compliance legal compliance and/or prior approval from any regulatory (or similar) authority or body or form any monetary or securities body or authority for the purchase of digital currencies or any similar activity or product. "Restricted Persons" refers to any individual, firm, company, partnership, trust, corporation, entity, government, state or agency of a state or any other incorporated or unincorporated body or association, association or partnership (whether or not having separate legal personality) that is established and/or lawfully existing under the laws of a Restricted Jurisdiction or is listed under any sanction list administered a country stated above.
The Tokens are not intended to constitute, and shall not constitute, equities or securities (of any nature whatsoever) in any jurisdiction.
No part of the Available Information should be considered to be business, technology, legal, financial or tax advice regarding the Company, the Tokens, purchase of the Tokens or any of the matters to which all or any part of the Available Information relates. You should consult Your own legal, financial, tax or other professional advisor regarding the Available Information. You should be aware that You may be required to bear the financial risk of any purchase of Tokens for an indefinite period of time.
Notwithstanding any other provision of these Terms or any statement made expressly or impliedly in the Available Information, the Company does not make or purport to make, and hereby disclaims, any representation warranty undertaking or covenant in any form whatsoever to any entity or person, including any representation warranty undertaking or covenant in relation to the truth, accuracy and completeness of any of the information set out in the Available Information.
By howsoever accessing and/or accepting possession or communication of all or any part of the Available Information, You represent and warrant (and shall be deemed to represent and warrant) to the Company on the date of such access or on the latest date on which You retain possession of all or any part of the Available Information as follows:
(a) You are over 18 (eighteen) years of age;
(b) You agree and acknowledge that the Tokens do not constitute shares or equities or securities or financial instruments or investments in any form in any jurisdiction;
(c) You agree and acknowledge that the Available Information does not constitute a prospectus or offering document of any sort and is not intended to constitute an offer of any kind of securities in any jurisdiction or a solicitation for investment in any kind of securities, and you are not bound to enter into any contract or binding legal commitment, and no cryptocurrency or other form of payment is to be accepted on the basis of the Available Information;
(d) You agree and acknowledge that no regulatory authority has examined or approved of the Available Information, no action has been or will be taken under the laws, regulatory requirements or rules of any jurisdiction and the publication, distribution or dissemination of all or any part of the Available Information to you does not imply that the applicable laws, regulatory requirements or rules have been complied with;
(e) You agree and acknowledge that the Available Information, the undertaking and/or the purchase of the Tokens, or future trading of the Tokens on any exchange or market (regulated, unregulated, primary, secondary or otherwise), shall not be construed, interpreted or deemed by you as an indication of the merits of the Company, the Tokens, the purchase of the Token or the Available Information;
(f) the distribution or dissemination of the Available Information any part thereof or any copy thereof, or acceptance of the same by You, is not prohibited or restricted by the applicable laws, regulations or rules in your jurisdiction, and where any restrictions in relation to possession are applicable, You have observed and complied with all such restrictions at your own expense and without liability to the Company;
(g) You agree and acknowledge that in the case where you wish to purchase any Tokens, the Tokens are not to be construed, interpreted, classified or treated as:
(i) any kind of currency or commodity;
(ii) debentures, stocks or shares issued by any person or entity (whether the Company or otherwise);
(iii) rights, options or derivatives in respect of such debentures, stocks or shares;
(iv) an equity interest, a futures a contract for differences, a debenture, loan stock, bonds, certificates of deposit, debt instrument and or any other instruments creating or acknowledging indebtedness.
(v) rights under a contract for differences or under any other contract the purpose or pretended purpose of which is to secure a profit or avoid a loss;
(vi) units in a collective investment scheme;
(vii) units in a business trust;
(viii) derivatives of units in a business trust;
(ix) any other security or class of securities; or
(x) any type of investment.
(h) You are fully aware of and understand that You are not eligible to purchase any Tokens or access the Available Information if You are a citizen, national, resident (tax or otherwise) and/or green card holder of a Restricted Jurisdiction or if You are a Restricted Person;
(i) You have a basic degree of understanding of the operation, functionality, usage, storage, transmission mechanisms and other material characteristics of cryptocurrencies, blockchain-based software systems, cryptocurrency wallets or other related token storage mechanisms, blockchain technology and smart contract technology;
(j) You are fully aware and understand that in the case where You wish to purchase any Tokens, there are risks associated with: (A) the Company and its business and operations; (B) the Tokens; (C) the purchase of the Tokens; and (D) relying or acting on all or any part of the Available Information;
(k) You agree and acknowledge that the Company is not liable for any direct indirect special incidental consequential or other losses of any kind in tort contract or otherwise (including but not limited to loss of revenue income or profits or loss of use or data or loss of reputation or loss of any economic or other opportunity of whatsoever nature or howsoever arising) arising out of or in connection with any acceptance of or reliance on the Available Information or any part thereof by you; and
(l) all of the above representations and warranties are true, complete, accurate and not misleading from the time of Your last access to and/or possession of (as the case may be) the Available Information.
You should carefully consider and evaluate each of the following risk factors and all other information contained in the Terms before deciding to purchase the Tokens or using Our Platform. To the best of the Company's knowledge and belief, all risk factors which are material to You in making an informed judgment to purchase the Tokens have been set out below. If any of the following considerations, uncertainties or material risks develops into actual events, the business, financial position and/or results of operations of the Company and the maintenance and level of usage of the Tokens could be materially and adversely affected. In such cases, the trading price of Tokens (in the case where they are listed on an exchange or market (regulated, unregulated, primary, secondary or otherwise)) could decline due to any of these considerations, uncertainties or material risks, and you may lose all or part of Your Tokens or the economic value thereof.
The Company is not able to anticipate when there would be occurrences of hacks, cyber-attacks, distributed denials of service or errors, vulnerabilities or defects in: the Platform that is yet to be developed, in the smart contracts on which the Company or the Platform relies. Such events may include, for example, flaws in programming or source code leading to exploitation or abuse thereof. The Company may not be able to detect such hacks, cyber-attacks, distributed denials of service errors vulnerabilities or defects in a timely manner, and may not have sufficient resources to efficiently cope with multiple service incidents happening simultaneously or in rapid succession.
From time to time, we may allow you to view, interact with, acquire, create, transact in, or otherwise manipulate information related to the On-Chain Assets and the underlying blockchain. Please note that we do not control or operate the underlying blockchain, any of its versions (if any), and any smart contracts deployed on the underlying blockchain. Please keep in mind that we bear no responsibility for the functionality or integrity of any underlying blockchain, decentralized storage solution, smart contracts deployed on the underlying blockchain, or distributed ledger network associated with any On-Chain Assets. Similarly, we cannot guarantee the functionality of the On-Chain Assets and services that are managed by third parties that we may work with.
Transactions in On-Chain Assets operate according to rule sets determined by the underlying blockchain, or distributed ledger, on which the On-Chain Assets involved in the transaction exists. We cannot guarantee the functionality of any underlying blockchain, or distributed ledger, and in no way can be held responsible for failures that occur on the underlying blockchain due to, but not limited to, the following occurrences: network downtime, soft forks, hard forks, merges, DAO votes, 50%+1 attacks, double-spending instances or bugs, consensus failures, distributed denial of service attacks, wallet bugs, wallet code failure, and the like.
From time to time, we may work with third parties to facilitate transactions in On-Chain Assets. We do not guarantee that third parties that we may work with will execute transactions as intended. Consequently, we are not responsible for the functionality of third-party systems to facilitate said transactions.
By engaging in the transactions related to On-Chain Assets, you confirm that you are able to bear the economic and other risks associated with such transactions. You understand that the value of On-Chain Assets can be zero at any time
By engaging in the transactions related to On-Chain Assets, you accept and acknowledge each of the following:
The prices of blockchain assets are extremely volatile. Fluctuations in the price of other digital assets could materially and adversely affect the value of your On-Chain Assets, which may also be subject to significant price volatility. We cannot guarantee that any acquirers of On-Chain Assets will not lose money.
You are solely responsible for determining what, if any, taxes apply to your On-Chain Asset-related transactions. We are not responsible for determining the taxes that apply to your transactions on the Service.
The Service does not store, send, or receive On-Chain Assets. This is because On-Chain Assets exist only by virtue of the ownership record maintained on the applicable On-Chain Asset's supporting blockchain. Any transfer of On-Chain Assets occurs only on the supporting blockchain, and not on the Service.
There are risks associated with using On-Chain Assets and cryptocurrencies, including, but not limited to, the risk of hardware, software and Internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to information stored within your wallet. You accept and acknowledge that we will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the blockchain, however caused.
A lack of use or public interest in the creation and development of distributed ecosystems could negatively impact the development of the Service, and therefore the potential utility or value of On-Chain Assets.
The legal and regulatory regime governing blockchain technologies, cryptocurrencies, and tokens is uncertain, and new regulations or policies may materially adversely affect the development of the Service, and therefore the potential utility or value of On-Chain Assets.
Upgrades to the underlying blockchain may have unintended, adverse effects on the Service, including any On-Chain Assets.
On-Chain Assets may not be available in every region or at all times, and the Company makes no representation or warranty about the continuous availability of either.
WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS AND TAKE NO RESPONSIBILITY FOR, AND WILL NOT BE LIABLE TO YOU FOR, ANY USE OF ON-CHAIN ASSETS AND/OR CONTENT LINKED TO OR ASSOCIATED WITH ON-CHAIN ASSETS, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES, OR CLAIMS ARISING FROM: (A) USER ERROR, INCORRECTLY CONSTRUCTED TRANSACTIONS, OR MISTYPED ADDRESSES; (B) SERVER FAILURE OR DATA LOSS; (C) UNAUTHORIZED ACCESS OR USE; (D) ANY UNAUTHORIZED THIRD-PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION THE USE OF VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK
ON-CHAIN ASSETS EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED IN THE ASSOCIATED BLOCKCHAIN (E.G., SOLANA OR BASE BLOCKCHAIN). ANY TRANSFERS OR SALES OCCUR ON THE ASSOCIATED BLOCKCHAIN (E.G., SOLANA OR BASE BLOCKCHAIN). WE CANNOT AFFECT OR OTHERWISE CONTROL THE TRANSFER OF TITLE OR RIGHT IN ANY ON-CHAIN ASSETS OR UNDERLYING OR ASSOCIATED CONTENT OR ITEMS.
WE DO NOT MAKE ANY RECOMMENDATIONS OR REPRESENTATIONS WITH RESPECT TO THE VALUE OR FITNESS OF ANY PARTICULAR ON-CHAIN ASSETS THAT YOU MAY INTERACT WITH ON THE WEBSITE OR APP.
WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY SUSTAINED LOSSES OR INJURY DUE TO VULNERABILITY OR ANY KIND OF FAILURE, ABNORMAL BEHAVIOR OF SOFTWARE (E.G., WALLET, SMART CONTRACT), BLOCKCHAINS OR ANY OTHER FEATURES OF THE ON-CHAIN ASSETS. WE ARE NOT RESPONSIBLE FOR LOSSES OR INJURY DUE TO LATE REPORTS BY DEVELOPERS OR REPRESENTATIVES (OR NO REPORT AT ALL) OF ANY ISSUES WITH THE BLOCKCHAIN SUPPORTING THE ON-CHAIN ASSETS, INCLUDING FORKS, TECHNICAL NODE ISSUES OR ANY OTHER ISSUES HAVING LOSSES OR INJURY AS A RESULT.
Some jurisdictions do not allow the exclusion of implied warranties in contracts with consumers, so the above exclusion may not apply to you.