Terms of Use
(As of March 2024)
The website located at https://playcore.io/ and all its subdomains, apps, pages, links and affiliated websites (the “Site”) is a copyrighted work belonging to the PlayCore team and its associated legal entities, affiliates and related persons, as may be applicable (the “Company,” “us,” “our,” and “we”). The copyrighted work may include certain functions, features and other services accessible or offered through the Site which is associated with the Playcore project (the “Services”).
Certain features of the Site may be subject to additional guidelines, terms, or rules, which will be posted on the Site in connection with such Services (as defined more specifically below). Please note that your submission of information, including personal information, through or in connection with the Site is governed by the terms of our privacy policy as updated from time to time, available at this link (“Privacy Policy”).
All such additional terms, guidelines, and rules, including our Privacy Policy, are incorporated by reference into these terms of use (these “Terms”) and binding and enforceable legal contract between you, an end user of the Site and the Services (“you” or the “User”). You and the Company may be referred to herein individually as a “Party” and collectively as the “Parties.”
These Terms set forth the legally binding terms and conditions that govern your use of the Site. By accessing or using the Site, you are accepting these Terms (on behalf of yourself or the entity that you represent), and you represent and warrant that you have the right, authority, and capacity to enter into these Terms (on behalf of yourself or the entity that you represent).
These Terms expressly cover your rights and obligations, and our disclaimers and limitations of legal liability, relating to your use of, and access to, the Site and the Services. We reserve the right, in our sole discretion, to make changes or modifications to the Site and these Terms at any time and for any reason. You will be subject to, and will be deemed to have been made aware of and to have accepted, any such changes by your continued use of the Site. If you do not agree with all of the provisions of these Terms, do not access and/or use the Site or the Services.
1. Access to the Site
1.1.
Certain Restrictions. The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site, whether in whole or in part, or any content displayed on the Site; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site; (c) you shall not access the Site in order to build a similar or competitive website, product, or service; and (d) except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Unless otherwise indicated, any future release, update, or other addition to functionality or content of the Site shall be subject to these Terms. All copyright and other proprietary notices on the Site (or on any content displayed on the Site) must be retained on all copies thereof.
1.2.
Modification. The Company reserves the right, at any time, to modify, suspend, or discontinue the Site or the Services, in whole or in part, with or without notice to you. You agree that the Company will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Site or any part thereof.
1.3.
No Support or Maintenance. You acknowledge and agree that the Company will have no obligation to provide you with any support or maintenance in connection with the Site and the Services.
1.4.
Ownership. Excluding any User Content that you may provide (defined below), you acknowledge that all the intellectual property rights, including copyrights, patents, trade marks, and trade secrets, in the Site and its content are owned by the Company or Company's or the Company's officers, directors, shareholders, stakeholders, contractors, employees, advisors, affiliates, successors, assigns, representatives, third-party suppliers and service providers (collectively, the “Representatives”). Neither these Terms (nor your access to the Site) transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in the User Content section below. The Company and its Representatives reserve all rights not granted in these Terms. There are no implied licenses granted under these Terms.
2. Services
The PlayCore project is an analytics and content aggregator website that serves as a comprehensive platform for Web3 games, providing in-depth data analytics, tools, and curated content related to on-chain and off-chain gaming activities, enabling users to make informed decisions and optimize their gameplay. By accessing the Site, you represent and warrant that you are authorized to engage, use, and access the following Services offered by the Site, including but not limited to:
2.1.
Community Forum. Subject to your compliance with the Acceptable Use Policy (as defined further below) and any and all terms and conditions concerning appropriate use and behavior, you may participate in the online community forum found in the Site, where you can interact with other gamers and game developers, ask questions, share information, and engage in discussions related to the games in their exclusive and dedicated pages.
2.2.
Game Tools. We offer various tools and features that enhance your gaming experience. These tools may include, but are not limited to, character builders, calculators, strategy guides, and other gaming utilities.
2.3.
In-Depth Analytics. The Site likewise contains invaluable statistics and insights that enable informed decisions for gamers and developers alike.
2.4.
Rewards and Exclusive Access. By participating and using our Services, you may earn rewards, such as virtual currency, in-game items, or other digital goods and you may also gain exclusive access to certain features, content, or areas of the Site (collectively, the “Rewards”). The Company reserves the right to modify, revoke, remove or suspend the Rewards and it is understood that nothing under these Terms shall constitute a promise or guarantee to provide the said Rewards.
3. User Representation, Warranties, and Acknowledgments
You represent and warrant that:
3.1.
You are at least eighteen (18) years of age and are of sound mind.
3.2.
You possess the legal authority to create a binding legal obligation in making any transaction on the Site or using the Services.
3.3.
You will use the Site in accordance with these Terms and all applicable laws and regulations.
3.4.
You will only use the Site for lawful purposes and you shall not engage in any illicit or illegal activities such as fraud and market manipulation using the Site and/or the Services.
3.5.
You will not impair the Services, the Site and the network and software on which it runs in any way.
3.6.
You accept the Terms and the Privacy Policy wholly and unconditionally.
3.7.
If and when applicable, you will satisfy all your obligations, tax, withholding or otherwise as required by your country of residence.
3.8.
You are not a person located, organized or resident in a country or territory that is subject to sanctions administered or enforced by Singapore, the United States of America, the European Union or any other governmental authority.
3.9.
You acknowledge that the offer, sale and/or purchase of any Future Tokens (as defined further below in the “Risk Disclosure Statement on any Future Tokens associated with PlayCore” section) with the Company or the PlayCore project, are prohibited or restricted, as applicable, in the following countries and jurisdictions:
- Afghanistan
- Anguilla
- Antigua and Barbuda
- Belarus
- Belize
- Burundi
- Central African Republic
- Cuba
- Democratic Republic of Congo
- Ethiopia
- Fiji
- Guam
- Guinea
- Guinea-Bissau
- Haiti
- Hong Kong
- Iran
- Iraq
- Lebanon
- Libya
- Mali
- Moldova
- Myanmar
- Nicaragua
- North Korea
- Palau
- Panama
- Philippines
- Russia
- Samoa
- Seychelles
- Somalia
- South Sudan
- Sudan
- Syria
- Bahamas
- Trinidad and Tobago
- Turks and Caicos Islands
- United States of America
- US Virgin Islands
- United Kingdom
- Ukraine
- Vanuatu
- Venezuela
- Yemen
- Zimbabwe
The list above is not exhaustive and shall be deemed to include all other countries and jurisdictions where the offer, sale and/or purchase of digital assets or blockchain tokens are prohibited or restricted under applicable laws, rules and regulations. If your country falls under the said category, has similar circumstances, or is found in the list above, you are prohibited from offering, selling, purchasing, and/or otherwise transacting with the Future Tokens and nothing in this Site shall constitute an offer or sale of the Future Tokens to you.
3.10.
In relation to information supplied by you on the Site or to use the Services: (1) such information is true, accurate, current and complete; (2) it is your responsibility to update your information in a timely way when there are any changes; (3) the Company and its affiliates may rely on such information provided by you as being true, accurate, current and complete; and (4) we have the right to terminate your account if any of the information supplied by you fails to be true, accurate, current and complete.
3.11.
You are not an undischarged bankrupt in any country.
3.12.
You agree and acknowledge that the information presented in the Site does not constitute a prospectus or offer document of any sort and is not intended to constitute an offer of securities in any jurisdiction or a solicitation for investment in securities.
3.13.
You accept and agree that the Company is not necessarily affiliated with any of the games or projects displayed or mentioned in the Site and nothing in the Site constitutes a promotion or advertisement of any of the Digital Assets (as defined below) relating to the said games or projects.
3.14.
You agree and acknowledge that no regulatory authority has examined or approved of the current information, and presently there is no plan for the information to be so reviewed.
3.15.
The distribution or dissemination of the current 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 the Company and its associated legal entities.
3.16.
You agree and acknowledge that in the case where you wish to purchase any blockchain tokens, cryptocurrencies, non-fungible tokens (NFTs) and other similar digital assets (collectively, the “Digital Assets”) as disclosed in the Site, the digital assets are not to be construed, interpreted, classified or treated as:
3.16.1.
debentures, stocks or shares issued by any person or entity (whether by the entities developing the games and/or the Company or otherwise);
3.16.2.
rights, options or derivatives in respect of such debentures, stocks or shares;
3.16.3.
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;
3.16.4.
units in a collective investment scheme;
3.16.5.
units in a business trust; derivatives of units in a business trust; and/or
3.16.6.
any other security or class of securities; or any type of investment.
3.17.
You are fully aware of and understand that you are not eligible to purchase any Digital Assets or access the current information if you are a citizen, national, resident (tax or otherwise) of an internationally-sanctioned country.
3.18.
You have a high 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.
3.19.
You are fully aware and understand, there are risks associated with: (i) the Company and its business and operations; (ii) the Digital Assets; (iii) the purchase of any Digital Assets; (iv) storage of any Digital Assets, and (v) relying or acting on all or any part of the current information.
3.20.
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 current information, purchase of any Digital Assets, or any part thereof by you.
3.21.
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 Site.
4. Account Creation
In order to access certain Services, you may be required to register and create an account. When creating your account, you agree to the following terms and conditions:
4.1.
Accurate Account Information. You agree to provide accurate and complete information about yourself, including but not limited to your legal name, email address, and warrant not to misrepresent or falsify any information when creating and maintaining your account.
4.2.
Account Responsibility. You are solely responsible for all activities that occur under your account. You must keep your account password secure and must not share your account information with any third party. You are solely responsible for maintaining the confidentiality of your account and password.
4.3.
Account Security. You agree to immediately notify the Company of any unauthorized use of your account. You have the obligation to report any suspected or known security breaches, account compromises, or unauthorized access attempts. You agree to cooperate with the Company in investigating and addressing any security incidents related to the account. You further agree to hold the Company harmless for any losses or damages resulting from the User's failure to maintain account security or promptly report unauthorized access.
4.4.
Account Termination. The Company reserves the right to terminate any account in its sole discretion such as when the account is determined to have violated the Terms or any other applicable laws, rules or provisions or when the account is inactive for an extended period of time. For the avoidance of doubt, you understand that the Company has the right to refuse service or terminate accounts for any reason at its sole discretion.
5. User Content
5.1.
User Content. “User Content” means any and all information and content that a user submits to, or uses with, the Site (e.g., content in your profile or postings). You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that personally identifies you or any third party. You hereby represent and warrant that your User Content does not violate our Acceptable Use Policy (as defined further in the relevant section below). You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by the Company. Because you alone are responsible for your User Content, you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. The Company is not obligated to backup any User Content, and your User Content may be deleted from the Site at any time without prior notice. You are solely responsible for creating and maintaining your own backup copies of your User Content if you desire.
5.2.
License. You hereby grant (and you represent and warrant that you have the right to grant) to Company an irrevocable, nonexclusive, royalty-free and fully-paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content, and to grant sublicenses of the foregoing rights, solely for the purposes of including your User Content in the Site. You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.
5.3.
Account Security. The following terms constitute our “Acceptable Use Policy”:
5.3.1.
You agree not to use the Site to collect, upload, transmit, display, or distribute any User Content (i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another's privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; (iii) that is harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.
5.3.2.
In addition, you agree not to: (i) upload, transmit, or distribute to or through the Site any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send through the Site unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) use the Site to harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Site, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Site (or to other computer systems or networks connected to or used together with the Site), whether through password mining or any other means; (vi) harass or interfere with any other user's use and enjoyment of the Site; or (vi) use software or automated agents or scripts to produce multiple accounts on the Site, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Site (provided, however, that we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials, subject to the parameters set forth in our robots.txt file).
5.4.
Enforcement. We reserve the right (but have no obligation) to review any User Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person. Such action may include removing or modifying your User Content, terminating your account in accordance with the Terms, and/or reporting you to law enforcement authorities.
6. Feedback
If you provide the Company with any feedback or suggestions regarding the Site (“Feedback”), you hereby assign to Company all rights in such Feedback and agree that Company shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. The Company will treat any Feedback you provide to Company as non-confidential and non-proprietary. You agree that you will not submit to the Company any information or ideas that you consider to be confidential or proprietary.
7. Third-Party Links and Advertisements; Other Users
7.1.
Third-Party Links and Ads. The Site may contain links to third-party websites and services, and/or display advertisements for third parties (collectively, “Third-Party Links and Ads”). Such Third-Party Links and Ads are not under the control of the Company, and the Company is not responsible for any Third-Party Links and Ads. The Company provides access to these Third-Party Links and Ads only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links and Ads. You use all Third-Party Links and Ads at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links and Ads, the applicable third party's terms and policies apply, including the third party's privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Links and Ads.
7.2.
Other Users. Each User is solely responsible for any and all of its own User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content, whether provided by you or by others. We make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content. Your interactions with other Users are solely between you and such Users. You agree that the Company will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Users, we are under no obligation to become involved.
7.3.
Release. Subject to applicable law, you hereby release and forever discharge the Company and its Representatives from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature, that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Site (including any interactions with, or act or omission of, other Users or any Third-Party Links and Ads).
8. Disclaimers
8.1.
No Representations and Warranties. The Site is provided on an “as-is” and “as available” basis, and, to the extent permitted by applicable law, the Company and its Representatives expressly disclaim any and all warranties and conditions of any kind, whether express, implied, or statutory, including all warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. The Company and its Representatives make no warranty that the Site will meet your requirements, will be available on an uninterrupted, timely, secure, or error-free basis, or will be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe. You expressly acknowledge and accept that the use of, or inability to use, the Service shall be at your sole risk.
8.2.
Non-Warranty on Reliability and Accuracy. The Company and its Representatives make no representation or warranty, whether expressed or implied, regarding the accuracy, completeness, or reliability of the information contained within the Site. Persons having access to the Site are advised to exercise caution when relying on any information contained within for any decision-making process. To the maximum extent permitted by law, the Company disclaims any and all liability and responsibility for any loss or damage (direct or indirect) incurred by any individual or entity arising from the use or reliance upon anything contained in or omitted from this Site, or in connection with this Site, and the Company, including, without limitation, any liability arising from fault or negligence.
8.3.
LIMITATION ON LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY AND ITS REPRESENTATIVES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SITE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITE IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.
UNDER NO CIRCUMSTANCES SHALL THE COMPANY OR ANY OF ITS REPRESENTATIVES BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING (BUT NOT LIMITED TO) DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE PROPERTY, ARISING OUT OF OR RELATING TO ANY ACCESS OR USE OF THE SITE, NOR WILL THE COMPANY BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SITE OR THE INFORMATION CONTAINED WITHIN IT.
THE COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY: (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM ANY ACCESS OR USE OF THE SITE; (C) UNAUTHORIZED ACCESS OR USE OF ANY SECURE SERVER OR DATABASE IN OUR CONTROL, OR THE USE OF ANY INFORMATION OR DATA STORED THEREIN; (D) INTERRUPTION OR CESSATION OF FUNCTION RELATED TO THE SITE; (E) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SITE; (F) ERRORS OR OMISSIONS IN, OR LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF, ANY CONTENT MADE AVAILABLE THROUGH THE SITE; AND (G) THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. NOTHING IN THESE TERMS LIMIT OR EXCLUDE OUR LIABILITY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE; (B) FRAUD OR FRAUDULENT MISREPRESENTATION; (C) ANY OTHER MATTER IN RESPECT OF WHICH WE ARE NOT PERMITTED TO EXCLUDE OR LIMIT OUR LIABILITY UNDER APPLICABLE LAW.
NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY (BUT SUBJECT ALWAYS TO THE PRECEDING PARAGRAPH), AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE LIABILITY OF THE COMPANY IN RESPECT OF ALL CLAIMS BY ANY USER PURSUANT TO OR IN CONNECTION WITH THE SITE AND/OR THE SERVICES SHALL NOT IN ANY EVENT EXCEED USD $50. FURTHER, THE COMPANY SHALL NOT BE LIABLE IN ANY WAY OR IN ANY EVENT IN RESPECT OF ANY CLAIM IF SUCH CLAIM WAS NOT MADE WITHIN SIX (6) MONTHS FROM THE DATE OF THE CAUSE OF ACTION AROSE.
8.4.
INDEMNIFICATION. YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE COMPANY AND ITS REPRESENTATIVES INCLUDING COSTS AND ATTORNEYS’ FEES, FROM ANY CLAIM OR DEMAND MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF (A) YOUR USE OF THE SITE, (B) YOUR VIOLATION OF THESE TERMS, (C) YOUR VIOLATION OF APPLICABLE LAWS OR REGULATIONS OR (D) YOUR USER CONTENT. THE COMPANY RESERVES THE RIGHT, AT YOUR EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER FOR WHICH YOU ARE REQUIRED TO INDEMNIFY US, AND YOU AGREE TO COOPERATE WITH OUR DEFENSE OF THESE CLAIMS. YOU AGREE NOT TO SETTLE ANY MATTER WITHOUT THE PRIOR WRITTEN CONSENT OF THE COMPANY. THE COMPANY WILL USE REASONABLE EFFORTS TO NOTIFY YOU OF ANY SUCH CLAIM, ACTION OR PROCEEDING UPON BECOMING AWARE OF IT.
9. Dispute Resolution
9.1.
Negotiation. The Parties agree that in the event of any claims, complaints or disputes arising out of or relating to this agreement and/ or the breach thereof (each a “Dispute”), they shall first make a good-faith effort to resolve the dispute through negotiations. Either Party may initiate such negotiations by providing written notice to the other Party regarding the Dispute. The Parties shall meet promptly and discuss the matter in dispute. If the Parties cannot resolve the dispute within ninety (90) days of the initiation of negotiations, they shall proceed to mediation.
9.2.
Mediation. In the event that negotiations do not result in a mutually agreeable resolution, the Parties agree to promptly submit the Dispute to mediation upon the written notice of one Party to the other. The mediation shall be conducted by a mutually agreed-upon mediator or, in the absence of mutual agreement, a mediator appointed by the mediation service provider. The mediation shall, to the extent possible, conduct the mediation remotely through videoconferencing and the Parties agree to participate in good faith. If mediation fails to resolve the dispute within ninety (90) days of initiation, the Parties shall proceed to arbitration. The Parties shall share the costs of the mediation equally.
9.3.
Arbitration.
9.3.1.
To the extent permitted by law, all Disputes shall be resolved pursuant to arbitration as set forth hereunder. If any Dispute arises, the Party claiming or alleging such a Dispute (the “Plaintiff”) shall deliver to the other Party (the “Defendant”) a notice of dispute, which shall contain a description of the Dispute having sufficient specificity to inform the other Party of the claims being asserted against it.
9.3.2.
The arbitration shall be conducted under the rules of the BVI International Arbitration Centre (commonly known as the “BVI IAC”) then in effect (to the extent permitted by law). Nothing in this section, however, prevents a Party from (i) seeking equitable relief to enforce the arbitration requirement or protect assets during arbitration or (ii) registering an arbitral award with the applicable court of law.
9.3.3.
Both Parties acknowledge that: (i) pre-arbitration discovery is generally more limited than and potentially different in form and scope from court proceedings; and (ii) the arbitration award is not required to include factual findings or legal reasoning and any party’s right to appeal or to seek modification of a ruling by the arbitrators is strictly limited; and (iii) the panel of arbitrators must include arbitrators who are knowledgeable or have expertise in the subject matter of the Dispute.
9.3.4.
Judgment upon any award rendered by the arbitrator(s) will be final and may be entered in any court having jurisdiction. The prevailing Party in any arbitration shall be awarded attorneys’ fees, costs and disbursements. Any arbitration proceeding under the Terms will be determined under the laws of the British Virgin Islands without regard to its conflicts of laws provisions.
9.3.5.
No Party shall bring a putative or certified class action to arbitration, nor seek to enforce any pre-dispute arbitration agreement against any person who has initiated in court a putative class action (or is a member of a putative class who has not opted out of the class with respect to any claims encompassed by the putative class action) until: (i) the class certification is denied; or (ii) the class is decertified; or (iii) the Party is excluded from the class by the court. Such forbearance to enforce an agreement to arbitrate shall not constitute a waiver of any rights under this agreement except to the extent stated herein.
9.3.6.
The Parties hereby submit to the in personam jurisdiction of the courts of British Virgin Islands and the local courts located therein (and expressly waive any defense to personal jurisdiction of the parties by such courts) for the purpose of confirming, vacating or modifying any such award or judgment entered thereon. To the extent any Dispute is to be resolved in a court action, the Parties expressly agree that such action shall be brought only in courts located in the British Virgin Islands. Service of process in such action shall be sufficient if served on the Parties by certified mail, return receipt requested, at the Party’s last address known to the other Party. In this connection the Parties expressly waive any defenses to personal jurisdiction of the Parties by such court; to service of process as set forth above; to venue; and in addition, expressly agree that British Virgin Islands is a convenient forum for any such action.
9.3.7.
It is part of the essence of these Terms that any claims hereunder shall be resolved expeditiously and as confidentially as possible. Accordingly, the Parties agree that all proceedings in any negotiation, mediation and arbitration shall be kept strictly confidential and/or conducted under seal, as applicable. In that regard, no Party shall use, disclose or permit the disclosure of any information, evidence or documents produced by any other party in the arbitration proceedings or about the existence, contents or results of the proceedings (the “Arbitration Information”). The Arbitration Information and the existence and content of the arbitral proceedings and any rulings or awards shall be kept confidential by the Parties and the arbitral tribunal except (a) to the extent that disclosure may be required of a Party to fulfill a legal duty, protect or pursue a legal right, or enforce or challenge an award in bona fide legal proceedings before a state court or other judicial authority, (b) with the consent of all the Parties, (c) where needed for the preparation or presentation of a claim or defense in this arbitration, (d) where such Arbitration Information is already in the public domain other than as a result of a breach of this clause, or (e) by order of the arbitral tribunal upon application of a Party. Notwithstanding all of the foregoing, before making any disclosure permitted by the preceding sentence, the Party intending to make such disclosure shall only disclose such Arbitration Information (or a portion, section or part thereof) to the extent necessary under the circumstances and shall, in any case, give the other Party reasonable written notice of the intended disclosure.
10. Term and Termination
Subject to this section, these Terms will remain in full force and effect while you use the Site and the Services. We may suspend or terminate your rights to use the Site (including your account) at any time for any reason at our sole discretion, including for any use of the Site and the Services in violation of these Terms. Upon termination of your rights under these Terms, your account and right to access and use the Site and the Services will terminate immediately. You understand that any termination of your account may involve deletion of your User Content associated with your account from our live databases. The Company will not have any liability whatsoever to you for any termination of your rights under these Terms, including for termination of your account or deletion of your User Content. Even after your rights under these Terms are terminated, the following provisions of these Terms will remain in effect: Access to the Site, User Representation and Warranties, and Acknowledgments, Account Creation, User Content, Third-Party Links and Advertisements, Other Users, Disclaimers, Term and Termination, and General Provisions.
11. General Provisions
11.1.
Changes. These Terms are subject to occasional revision. You can review the most current version of the Terms at any time at this page. Any changes to the Terms will apply on the date that they are made, and your continued access to or use of the Site and Services after the Terms have been updated will constitute your binding acceptance of the updates. If you do not agree to any revised Terms, you must not access or use the Site.
11.2.
Electronic Communications. The communications between you and the Company use electronic means, whether you use the Site or send us emails, or whether the Company posts notices on the Site or communicates with you via email. For contractual purposes, you (a) consent to receive communications from the Company in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that the Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing.
11.3.
Entire Terms.
These Terms, the Privacy Policy, and any other publications and issuances from the Company relating to the Site and the Services, constitute the entire agreement between you and us regarding the use of the Site and the Services.11.4.
Waiver. A waiver by the Company of any right or remedy under these Terms shall only be effective if it is in writing, executed by a duly authorized representative of the Company and shall apply only to the circumstances for which it is given. Our failure to exercise or enforce any right or remedy under these Terms shall not operate as a waiver of such right or remedy, nor shall it prevent any future exercise or enforcement of such right or remedy. No single or partial exercise of any right or remedy shall preclude or restrict the further exercise of any such right or remedy or other rights or remedies.
11.5.
Headings and Interpretation. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”.
11.6.
Severability. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. The void, invalid or unenforceable clause or provision shall be deemed replaced by one that comes as close as possible to the economic goal or purpose of the void, invalid or unenforceable clause or provision.
11.7.
Relationship between the User and the Company. You confirm that you are acting on your own behalf and not for the benefit of any other person. Your relationship to Company is that of an independent contractor, and neither party is an agent or partner of the other.
11.8.
Assignment. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Company’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The Company may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon your successors and assigns.
11.9.
Governing Law and Jurisdiction. These Terms and any dispute or claim arising out of or in connection with their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the British Virgin Islands. Subject to the Dispute Resolution clause above, you agree that the courts of the British Virgin Islands shall have jurisdiction to provide and enforce remedies and settle any dispute or claims that (1) arises out of or in connection with the subject matter or formation (including non-contractual disputes or claims) of these Terms and (2) is not covered by any remedy or procedure by the applicable arbitration rules.
11.10.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, and to the extent permitted by applicable law, any claim or cause of action arising out of or related to the use of the Site or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
11.11.
Class Action Waiver. You further agree that any arbitration shall be conducted in respective individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
11.12.
Copyright/Trademark Information. All trademarks, logos and service marks relating to PlayCore are our property and other trademarks, logos and service marks displayed on the Site are also our property or the property of other third parties (the “Marks”). You are not permitted to use these Marks without our prior written consent or the consent of such third parties which may own the Marks.
11.13.
Contact Information. If you wish to contact us in writing, or if these Terms require you to give notice to us in writing, please contact us at: legal@breederdao.io.
12. Risk Disclosure Statement on any Future Tokens associated with PlayCore
If you are a holder of any token (the “Future Token”) that is intended to have utility within the PlayCore project (a “Tokenholder”), you hereby acknowledge, understand and assume the risks pertaining to the use of, and access to the Site and its Services, the token and/or the PlayCore project in general (the “Products”), which are substantial and very high. Thus, please carefully read the following disclaimers and disclosures below (the “Risk Disclosure Statement”). This Risk Disclosure Statement provides you with information about the major risks associated with the Products.
The information presented in this Risk Disclosure Statement is not comprehensive and does not reflect all of the risks (or other important factors) you should consider before the use of, and access to, the Products. You must make your own independent decision to use of, and access to, the Products, which includes risks associated with cryptographic systems and warrant that you have an understanding of the usage, risks, potential bugs based on novel technology (where applicable), and intricacies of native cryptographic tokens, like Ether (ETH) and Bitcoin (BTC), smart contract based tokens such as those that follow the Ethereum Token Standard (https://eips.ethereum.org/EIPS/eip-20) , any Future Token, and blockchain-based software systems.
You acknowledge and agree that your capital is at risk. You acknowledge and agree that you shall access and use the Products at your own risk. The terms not otherwise defined in this Risk Disclosure Statement shall bear the same meanings attributed to them in these Terms.
As a precondition for the use of, and access to, the Products, you as the Tokenholder agree to assume all the associated risks below and represent and warrant that:
12.1.
You have the knowledge, experience, understanding, professional advice and information to make its own evaluation of the merits, risks and applicable compliance requirements under applicable law pertaining to the use of, and access to, the Products. You understand that the use of digital assets is incredibly risky and may result in substantial if not complete loss of the amount used to purchase the digital assets.
12.2.
You acknowledge that the software and application with respect to the Products that the Company may develop, including any Future Token and other digital assets, would be new, unproven and in the early development stage. There is an inherent risk that the software or application could contain weaknesses, vulnerabilities, or bugs causing, inter alia, the complete loss of any Future Token and digital assets, or the risk that any Future Token and digital assets may not have their intended functionalities or may have no functions at all. There is likewise a general risk with new technologies that they may not function entirely as intended or create other unknown risks.
12.3.
You acknowledge and agree that the underlying blockchain-based networks are subject to sudden changes in operating rules, such as those commonly referred to as “forks,” which may materially affect the Products.
12.4.
You accept and agree that any Future Token is a utility token and thus assumes the risk the Company may not be able to provide or develop any useful benefit or feature associated with any Future Token, and that any Future Token may not confer any rights or have no practical purpose. You acknowledge the Company's discretion to modify the services and its associated projects without notice, and explicitly accept that the Company shall not be liable for deviations from the original conceptualization. You, having the requisite knowledge, experience, and professional advice, are responsible for independently evaluating the risks and accept that the Company is not obliged to provide any assurances about the availability, functionality, or continuity of any Future Token.
12.5.
You understand and agree to the inherent risks associated with cryptographic systems and blockchain-based networks, digital assets, including the usage and intricacies of native digital assets, smart contract-based tokens (including fungible tokens and NFTs), and systems that interact with blockchain-based networks. The Company does not own or control all of the underlying software through which other blockchain networks are formed. For example, the software underlying certain blockchain networks is open-source, such that anyone can use, copy, modify, and distribute it.
12.6.
You acknowledge that any use or interaction with any Future Token and the Products require a comprehensive understanding of applied cryptography and computer science to appreciate the inherent risks, including those listed above. You represent and warrant that it possesses relevant knowledge and skills.
12.7.
You acknowledge and understand that cryptography is a progressing field with advances in code cracking or other technical advancements, such as the development of quantum computers, which may present risks to digital assets and the Products, and could result in the theft or loss of your tokens and digital assets.
12.8.
You understand that blockchain networks use public and private key cryptography. Thus, you alone are responsible for securing its private key(s). The Company does not have access to the private key(s) of the Tokenholder or any other Person. Losing control of the private key(s) will permanently and irreversibly deny the Tokenholder access to the digital assets contained within a wallet or a network. Neither the Company nor any other person or entity will be able to retrieve or protect your Token and digital assets. If the private key(s) of the Tokenholder are lost, you will not be able to transfer their digital assets to any other blockchain address or wallet. If this occurs, then you will not be able to realize any value or utility from the Token and digital assets that you may hold.
12.9.
You understand that the markets for these digital assets are highly volatile due to factors including (but not limited to) adoption, speculation, technology, security, and regulation.
12.10.
You acknowledge that any Future Token and the Products may be subject to flaws and that you are solely responsible for evaluating and assessing any code pertaining thereto. This warning and other warnings that the Company provides herein are in no way evidence or represent an on-going duty to alert the Tokenholder to all of the potential risks of purchasing any Future Token and utilizing the use of, and access to, the Products.
12.11.
You acknowledge and accept that any Future Token and digital assets in general are relatively new innovations and technologies whose regulatory treatment are presently uncertain and could lead to them being considered as securities and subject to restrictions under applicable law concerning their purchase, sale, trade and other related transactions. Any unintended violation of law may lead to enforcement action and penalties.
12.12.
You agree and accept that any Future Token and any other digital assets could be impacted by one or more regulatory inquiries or regulatory actions, which could impede or limit the ability of the Company to generate, make available or provide services pertaining to the Products.
12.13.
You acknowledge and accept the risk that any Future Token and digital assets, once generated and issued, may lose some or all of their value and that you may suffer large and immediate financial loss due to the fluctuation of prices of the Token.
12.14.
You understand that any Future Token and digital assets in general, may be subject to expropriation and/or theft by hackers or other malicious groups by obstructing the token smart contract which creates the tokens in a variety of ways, including, but not limited to, malware attacks, denial of service attacks, consensus-based attacks, Sybil attacks, smurfing and spoofing.
12.15.
You understand and accept that the purchase and sale of any Future Token may possibly have tax consequences in the relevant jurisdiction and, in such an event, the Account owner is solely responsible for reporting and paying any taxes associated therewith.
12.16.
You acknowledge and accept that the tax or regulatory treatment of crypto or blockchain transactions and airdrops can vary depending on individual circumstances and the applicable laws and that your participation or engagement therein may subject you to potential tax or regulatory risk and liability, including possible technological and security risks as well as financial losses or damages.
12.17.
You assume and agree that the Company will have no responsibility or liability for any and all the risks associated with any Future Token and the Products as set forth herein. Thus, you, the Tokenholder, hereby irrevocably waives, releases and discharges all claims, whether known or unknown, against the Company and its Representatives related to any of the risks set forth herein.
12.18.
You confirm and accept that there are risks associated with the Products that the Company cannot anticipate and such risks may appear as unanticipated variations or combinations of the risks discussed above. Accordingly, you likewise assume and acknowledge such risks regardless of the fact that the same is not expressly discussed or enumerated above.
13. Forward-looking Statements
The content of the Site was prepared based on information available to its authors at the time of its composition and statements mentioned herein are subject to due diligence procedures, regulatory requirements, and prevailing or anticipated market conditions. The content Site may contain statements, including hypothetical or future-looking statements, goals, targets, estimates, and projections specific to each content, that can be identified by forward-looking terms, including but not limited to, “aim”, “anticipate”, “believe”, “could”, “intend”, “may”, “plan”, “possible”, “probable”, “project”, “should”, “would”, “will” or other similar terms.
Any financial projections likewise provided in the Site are unaudited and should be considered as preliminary estimates. These projections are based on current assumptions and expectations and are subject to change without notice. Actual future results and operations could vary from any forward-looking statements in the Site. No representation or warranty is made that the assumptions upon which any enclosed forward-looking statements are based may be reasonable or guaranteed. Similarly, no warranty or representation (either express or implied) is made with regard to the accuracy, adequacy, reliability, or completeness of any opinion, estimates, statements, goals, targets or other information contained in the Site.
All forward-looking statements made by or attributable to the Site, the Company or its Representatives are expressly qualified in their entirety by such factors. Given that risks and uncertainties that may cause the actual future results, performance or achievements of specific game and/or the Company to be materially different from that expected, expressed or implied by the forward-looking statements in the current information, undue reliance must not be placed on these statements.
These forward-looking statements are applicable only as of the later of the date of publication of the content to the Site and the latest date of publication in the relevant websites. Neither the Company nor its Representatives nor any other person represents, warrants and/or undertakes that the actual future results, performance or achievements of the Company will be as discussed in those forward-looking statements. The actual results, performance or achievements of the games, and/or the Company may differ materially from those anticipated in these forward-looking statements.
Nothing contained in the current information is or may be relied upon as a promise, representation or undertaking as to the future performance or policies of the Company. Furthermore, the Company and its Representatives disclaims any responsibility to update any of those forward-looking statements or publicly announce any revisions to those forward-looking statements to reflect future developments, events or circumstances, even if new information becomes available or other events occur in the future.