NFT Platform Ltd. Terms of Service
Last Updated: March 2021
We are glad you have chosen to use NFT Platform Ltd.’s products, services and features we make available to you on the GAME Credits Platform including, but not limited to, the GAME Credits Foundry, the GAME Credits Rewards Portal, and the GAME Credits Marketplace (collectively, the “GAME Credits Services”).
The Service Provider – NFT Platform Ltd.
The entity providing the GAME Credits Services is NFT Platform Limited, a company operating under the laws of Antigua, located at Villa Dragonfly, Harbour view, Jolly Harbour, St. Mary’s, Antigua (referred to as “NFT Platform Ltd.”, “we”, “us”, or “our”). References to NFT Platform Ltd.’s “Affiliates” in these terms means the other companies within the NFT Platform Ltd. corporate group (now or in the future).
NFT PLATFORM LTD. IS A PLATFORM. NFT PLATFORM LTD. IS NOT A BROKER, FINANCIAL INSTITUTION, OR CREDITOR. THE GAME CREDITS FOUNDRY AND GAME CREDITS MARKETPLACE ARE ADMINISTRATIVE PLATFORMS ONLY. NFT PLATFORM LTD. FACILITATES TRANSACTIONS BETWEEN THE BUYER AND SELLER IN A SALE BUT IS NOT A PARTY TO ANY AGREEMENT BETWEEN THE BUYER AND SELLER OF NFTS OR BETWEEN ANY USERS.
PLEASE READ THIS AGREEMENT CAREFULLY AND MAKE SURE YOU UNDERSTAND IT. IF YOU DO NOT UNDERSTAND THE AGREEMENT, OR DO NOT ACCEPT ANY PART OF IT, THEN YOU MAY NOT USE THE GAME CREDITS SERVICES.
Your use of the GAME Credits Services is subject to these terms (the “Agreement”) and the NFT Platform Ltd Privacy and Cookies Policy, both of which may be updated from time to time. Any other links or references provided in this Agreement are for informational use only and are not part of the Agreement.
This Agreement, as well as the NFT Platform Ltd. Privacy and Cookies Policy available at https://gamecredits.org/privacy-policy/ (incorporated herein by reference) form legally binding contracts between you and NFT Platform Ltd. By using the GAME Credits Services, you affirm that you are at least 18 years of age (or have reached the age of majority if that is not 18 years of age where you live) or that you have reviewed this Agreement with your parent or guardian and he or she assents to this Agreement on your behalf and takes full responsibility for your compliance with them. You agree that you and/or your parent or guardian are fully able and competent to enter into the terms, conditions, obligations, representations and responsibilities set forth in this Agreement, and to abide and comply with this Agreement.
You agree to check https://gamecredits.org/terms-of-service/ periodically for new information and terms that govern your use of the GAME Credits Services. NFT Platform Ltd. may modify this Agreement at any time. Revisions to terms affecting existing GAME Credits Services shall be effective ten (10) days after posting at https://gamecredits.org/terms-of-service/. Terms for new services related to the GAME Credits Services are effective immediately upon posting at https://gamecredits.org/terms-of-service/.
The GAME Credits Services
The GAME Credits Platform offers users the opportunity to use a suite of services to create, purchase, collect, earn, and resell non-fungible tokens (“NFTs”). “NFTs” are blockchain-backed tokens complying with the ERC-721 standard, ERC-1155 standard or other similar “non-fungible” token standard. NFTs are intended to be “non-fungible” tokens representing a unique Asset; however, certain NFTs may be fungible with one another (i.e., all such NFTs are associated with the same Collectible Metadata) while being non-fungible with other NFTs (i.e., such NFTs are associated with different metadata). Currently, the GAME Credits Services consist of the GAME Credits Foundry, the GAME Credits Rewards Portal, and the GAME Credits Marketplace, each of which are described in more detail below. Each of these services makes use of GAME Credit’s native cryptocurrency GAME.
The GAME Credits Foundry
The GAME Credits Foundry enables creators to create and sell NFTs directly to users on their own customized creator page. Users can browse the creator pages of various creators and purchase NFTs. To enable these services, you must link your digital Ethereum wallet to our platform. Use of the GAME Credits Foundry is subject to this Agreement, including but not limited to the Rules of Conduct outlined in Section 11.
The GAME Credits Marketplace
The GAME Credits Marketplace is an online marketplace for users who have bought NFTs from creators on the GAME Credits Foundry to sell those NFTs to other users. Through the GAME Credits Marketplace users can browse the NFTs listed by other users for sale and purchase those NFTs directly from those users through transactions on the Polygon (MATIC) blockchain. Use of the GAME Credits Marketplace is subject to this Agreement, including but not limited to the Rules of Conduct outlined in Section 11.
The GAME Credits Rewards Portal
The GAME Credits Rewards Portal enables users to stake GAME on creators and be rewarded by being able to claim a portion of a weekly allocation of GAME (“GAME Rewards”). GAME Rewards are allocated based upon the user’s proportion of the total GAME staked for that week. 50% of the total GAME Rewards for each week are allocated to users staking on creators. The other 50% of the weekly allotment of GAME Rewards are allocated to the creators in proportion to the amount of GAME staked on them.
The GAME Credits Rewards portal also enables creators who opt in to offer NFT rewards for users who stake GAME on their profile. By staking GAME on a creator, users automatically earn Loyalty Points in a 1:1 ratio to the amount of GAME they staked on a creator each week. After a creator opts in, the creator can offer NFTs for a price in Loyalty Points, to be determined by the creator and a user can redeem their accumulated Loyalty Points for that NFT. Loyalty Points cannot be transferred to other users and are not redeemable for cash or any other currency including GAME, nor can they be used in the GAME Credits Marketplace. Loyalty Points earned for one creator cannot be used to make a purchase on another creator.
The amount of the weekly allocation of GAME Rewards and Loyalty Points is set at NFT Platform Ltd.’s sole discretion. NFT Platform Ltd. reserves the right to discontinue GAME Rewards and/or Loyalty Points at any time in its sole discretion and without prior notice.
GAME Credits Account
A GAME Credits Account (“Account”) may be required to access and use some of the GAME Credits Services.
To create an Account, you must have an email address, and provide truthful and accurate information. You must be eligible to use the GAME Credits Services. In addition, the GAME Credits Services may require creation of a “user name” or a “persona” to represent you. User names and personas are tied to your Account. You may not use a user name or persona that is used by someone else, is vulgar or offensive, or otherwise violates this Agreement.
You are solely responsible for all activity on your Account. Your Account may be terminated if someone else uses it to engage in activity that violates this Agreement or is otherwise improper or illegal. You should not reveal your Account password to others. NFT Platform Ltd. will not ask you to reveal your password, or initiate contact with you asking for answers to your password security questions.
“Content” on the GAME Credits Services includes software, technology, text, forum posts, chat posts, profiles, widgets, messages, links, emails, music, sound, graphics, pictures, video, code, and all audio visual or other material appearing on or emanating to and/or from the GAME Credits Services, as well as the design and appearance of our websites. Content also includes the user-generated content (“UGC”), discussed in Section 7 and 8 below. All Content—with the exception of user-generated content discussed below in Section 7 and 8—is owned by NFT Platform Ltd. or its Affiliates, licensors or suppliers.
“Entitlements” are licensed rights granted, awarded, provided and/or purchased by you to access and/or use online or off-line elements or features of the GAME Credits Services and/or products. Entitlements include but are not limited to paid and free downloadable content; unlockable content; digital content, including additional or enhanced functionality, content subscriptions; virtual assets; rights of use tied to unlock keys or codes, serial codes and/or online authentication of any kind; in-game achievements; and Loyalty Points. Entitlements do not include NFTs that have been purchased or acquired through the GAME Credits Services.
Use of Content and Entitlements/General License Restrictions
NFT Platform Ltd. grants you a personal, limited, non-exclusive license to use Content and Entitlements to which you have access for your personal, private, non-commercial, non-transferable, limited uses solely as set forth herein and as set forth in any additional Terms applicable to the GAME Credits Service accessed by you. Except as provided in Section 7 and 8, Content and Entitlements and all other intellectual property rights in or on the GAME Credits Services as well as the products and services offered through the GAME Credits Services, are owned by NFT Platform Ltd., its Affiliates, or NFT Platform Ltd.’s third party licensors and are protected by United States and international copyright, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights. You may not copy, access, or download any Content and/or Entitlements from the GAME Credits Services unless you are expressly authorized to do so. In addition, unless expressly authorized by NFT Platform Ltd., you may not distribute, publicly perform or display, lease, sell, transmit, transfer, publish, edit, copy, create derivative works from, rent, sub-license, decompile, disassemble, reverse engineer or otherwise make unauthorized use of Content or Entitlements. Any commercial use is prohibited. You agree not to remove, obscure, or alter copyright, patent, trademark, or other proprietary rights notices affixed to Content. Your rights are subject to your compliance with this Agreement as well as any other applicable terms.
Except as provided in Section 7 and 8, NFT Platform Ltd. reserves all right, title and interest in any Content, Entitlements, the GAME Credits Services and all associated copyrights, trademarks, and other intellectual property rights therein that are not expressly granted to you in this Agreement. Your permitted use of Content and Entitlements described above is limited by the intellectual property rights of NFT Platform Ltd. and does not include any rights to other patents or intellectual property. Making unauthorized copies or distribution of Content and/or Entitlements found on the GAME Credits Services may result in the termination of your Account(s), prohibition on use of the GAME Credits Services, and further legal action as set out in Section 9 below. Content and/or Entitlement owners may take legal action against you for unauthorized use of intellectual property.
The Service, Content and Entitlement Availability
Entitlements may only be held by legal residents of countries where access to and use of Content and Entitlements is permitted. Entitlements may be purchased or acquired only from NFT Platform Ltd. or an authorized retailer. NFT Platform Ltd. reserves the right to refuse your request(s) to acquire Entitlements, and NFT Platform Ltd. reserves the right to limit or block any request to acquire Entitlements for any reason.
We do not guarantee that the GAME Credits Services, Content or Entitlements will be available at all times, in all countries and/or geographic locations, or at any given time or that we will continue to offer particular Content or Entitlements for any particular length of time. We reserve the right to change and update Content and Entitlements without notice to you. Once you have redeemed your Entitlements, that content is not returnable, exchangeable, or refundable for other Entitlements or for cash, or other goods or services, subject to any rights of return you may have under any applicable consumer law in your territory.
Contributing UGC to the GAME Credits Services
NFT Platform Ltd. does not claim ownership of your UGC. You are and remain the owner of your UGC. However, when you as a user create, upload, send, receive, post, publish or store your UGC, such as text, photos, audio, visual works, video or other materials and information, on, through or in the GAME Credits website or the GAME Credits Services, you represent that (a) you either are the sole and exclusive owner of all UGC that you make available on or through the GAME Credits Services; (b) you have all rights, licenses, consents and releases that are necessary to grant to NFT Platform Ltd. the rights in and to such UGC, as contemplated under this Agreement, including without limitation, that you have a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, and communicate to the public, perform and display your UGC (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any worldwide intellectual property right that may exist in your UGC; (c) neither the UGC nor your posting, uploading, publication, submission or transmittal of the UGC or NFT Platform Ltd’s use of the UGC (or any portion thereof) will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
NFT Platform Ltd. may, without prior notice to you and in its sole judgment, remove UGC that may infringe the intellectual property or other rights of a third party. If you are a repeat infringer of NFT Platform Ltd.’s or a third party’s intellectual property or other rights, NFT Platform Ltd. may terminate your Account without notice to you. If your Account(s) is/are terminated under this paragraph, you are not entitled to a refund for any fees you have paid, and you will lose access to any Entitlements associated with your Account.
NFT Platform Ltd. reserves the right (but has no obligation except as required by law) to remove, block, edit, move or disable UGC for any reason, including when NFT Platform Ltd. determines that UGC violates these terms. The decision to remove UGC or other Content at any time is in NFT Platform Ltd.’s sole and final discretion. To the maximum extent permitted by applicable law, NFT Platform Ltd. does not assume any responsibility or liability for UGC, or for removal of UGC, or any failure to or delay in removing UGC or other Content.
NFT Platform Ltd. does not pre-screen UGC and does not endorse or approve any UGC that you and other users may contribute to the GAME Credits Services. You are solely responsible for your use of the GAME Credits Services and for any UGC you provide, including compliance with applicable laws, rules, and regulations. We take no responsibility for the UGC posted or listed via the GAME Credits Services.
NFT Platform Ltd. will respond to notices of alleged copyright infringement under the United States Digital Millennium Copyright Act (“DMCA”). If you or your authorized representative believe that your intellectual property rights have been infringed, please notify our designated agent immediately:
Designated Agent for DMCA Notices
Villa Dragonfly, Harbour view, Jolly Harbour, St. Mary’s, Antigua
Email: [email protected]
(the “DMCA Agent”).
The DMCA (see 17 U.S.C. § 512(c)(3)) sets forth specific requirements for proper notification of claimed infringement. Valid notification must be a written communication that includes all of the following:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the GAME Credits Services are covered by a single notification, a representative list of such works at the GAME Credits Services.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit NFT Platform Ltd. to locate the material.
Information reasonably sufficient to permit NFT Platform Ltd. to contact you or your authorized representative, such as an address, telephone number, and, if available, an electronic mail address at which you or your authorized representative may be contacted.
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
It is NFT Platform Ltd.’s policy that, upon receiving a valid DMCA notice, we will remove or disable access to the allegedly infringing material. Please note that there are substantial penalties for false claims of copyright infringement (see 17 U.S.C. § 512(f)).
If you believe a notice of alleged copyright infringement under the DMCA has been wrongly filed against you, you may submit a counter-notification to our DMCA Agent. The DMCA (see 17 U.S.C. § 512(g)(3)) sets forth specific requirements for a proper counter-notification. A valid counter-notification must be a written communication that includes each of the following:
Your physical or electronic signature.
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which the NFT Platform Ltd. may be found, and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
Upon receipt of a valid counter-notification, we will forward it to the original complainant who submitted the DMCA notice alleging copyright infringement. The original complainant will then have ten days to notify us that it has filed a lawsuit relating to the allegedly infringing material. Otherwise we will restore the removed material or cease disabling access to it.
UGC License Grant to NFT Platform Ltd. and Its Licensors
By submitting, posting or displaying UGC on or through the GAME Credits Services, you grant NFT Platform Ltd. a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such UGC in any and all media or distribution methods (now known or later developed). This license authorizes us to make your UGC available to the rest of the world and to let others do the same. You agree that this license includes the right for NFT Platform Ltd. to provide, promote, and improve the GAME Credits Services and to make UGC submitted to or through the GAME Credits Services available to other companies, organizations or individuals for the distribution, promotion or publication of such UGC on other media and services. Such additional uses by NFT Platform Ltd., or other companies, organizations or individuals, may be made with no compensation paid to you with respect to the UGC that you submit, post, transmit or otherwise make available through the GAME Credits Services.
Termination of the GAME Credits Services
NFT Platform Ltd. may terminate access to the GAME Credits Services, or parts of the GAME Credits Services, at any time by giving you notice of such termination within the time period specified when you joined the GAME Credits Service, or if no time period for notice of termination was specified, then within thirty (30) days of the date such notice is either (at NFT Platform Ltd.’s discretion) provided to you via email or is posted on the GAME Credits Service.
NFT Platform Ltd. may also immediately terminate your access to the GAME Credits Services for violation of this Agreement, including, without limitation, if NFT Platform Ltd. (in its sole discretion) deems that your use of the GAME Credits Services renders the GAME Credits Services less safe for others and/or minors or for illegal or improper use of the GAME Credits Services, Content, Entitlement, products, or NFT Platform Ltd.’s Intellectual Property as determined by NFT Platform Ltd. in its sole discretion. You may lose your username and persona as a result of termination. If you have more than one (1) Account, NFT Platform Ltd. may terminate all of your Accounts and all related Entitlements. In response to a violation of this Agreement or any other agreement applicable to the GAME Credits Services, NFT Platform Ltd. may issue you a warning, suspend your Account, selectively remove, revoke or garnish Entitlements at an Account and/or device level, immediately terminate any and all Accounts that you have established and/or temporarily or permanently ban your device and/or machine from accessing the GAME Credits Services entirely or certain parts of the GAME Credits Services. You acknowledge that in such an instance NFT Platform Ltd. is not required to provide you notice before taking action to suspend or terminate your Account, temporarily or permanently banning your device from some or all of the GAME Credits Services or selectively removing, revoking or garnishing Entitlements associated with your Account. If NFT Platform Ltd. terminates your Account, you may not participate in the GAME Credits Services again without NFT Platform Ltd.’s express permission. NFT Platform Ltd. reserves the right to refuse to keep Accounts for, and provide the GAME Credits Services to, any individual. You may not allow individuals whose Accounts have been terminated by NFT Platform Ltd. to use your Account.
If your Account, or a particular subscription for an NFT Platform Ltd. Service associated with your Account, is terminated, suspended and/or if any Entitlements are selectively removed, revoked or garnished from your Account and/or if your device is temporarily or permanently banned from accessing some or all of the GAME Credits Services, no refund will be granted, no Entitlements will be credited to you or converted to cash or other forms of reimbursement, and you will have no further access to your Account or Entitlements associated with your Account or the Service. If you believe that any action has been taken against your Account or device in error, please contact Customer Support.
Cancellation of your Account
You have the right to cancel your Account or a particular subscription to the GAME Credits Services at any time. If you do not agree to the terms in this Agreement, your sole remedy is to not use the GAME Credits Services and to cancel your Account or applicable subscriptions. You understand and agree that the cancellation of your Account or a particular subscription is your sole right and remedy with respect to any dispute with NFT Platform Ltd., including, but not limited to, any dispute related to, or arising out of: (1) any term of this Agreement or NFT Platform Ltd.’s enforcement or application of this Agreement; (2) the Content and Entitlements available through the GAME Credits Services or any change in Content or Entitlements provided through the GAME Credits Services; (3) your ability to access and/or use the GAME Credits Services and/or any Content or Entitlements thereon; or (4) the amount or type of fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods for the GAME Credits Services and/or any Content or Entitlements thereon.
Contact NFT Platform Ltd.’s Customer Service Department to cancel your Account at [email protected] NFT Platform Ltd. reserves the right to collect fees, surcharges or costs incurred before you cancel your Account. You are also responsible for any amounts owed to third-party vendors or content providers before your cancellation. Any delinquent or unpaid fees and other unresolved issues with the GAME Credits Services must be settled before you establish a new Account.
Rules of Conduct
You may violate this Agreement if, as determined by NFT Platform Ltd. in its sole discretion, you:
– Post, transmit, promote, or distribute Content that is illegal.
– Harass, threaten, embarrass, spam or do anything else to another user that is unwanted, such as repeatedly sending unwanted messages or making personal attacks or statements about race, sexual orientation, religion, heritage, etc.
– Organize, effectuate or participate in any activity, group, guild that is harmful, abusive, hateful, racially, ethnically, religiously or otherwise offensive, obscene, threatening, bullying, vulgar, sexually explicit, defamatory, infringing, invasive of personal privacy or publicity rights, encourages conduct that would violate a law or in a reasonable person’s view, objectionable and/or inappropriate. Hate speech is not tolerated.
– Use abusive, offensive, or defamatory screen names and/or personas.
– Engage in disruptive behavior in chat areas, game areas, forums, or any other area or aspect of the GAME Credits Services. Disruptive behavior includes but is not limited to conduct which interferes with the normal flow of gameplay or dialogue within an NFT Platform Ltd. Service. Disruptive behavior shall also include, but not be limited to, commercial postings, solicitations and advertisements.
– Disrupt the flow of chat in chat rooms with vulgar language, abusiveness, hitting the return key repeatedly or inputting large images so the screen goes by too fast to read, use of excessive shouting [all caps] in an attempt to disturb other users, “spamming” or flooding [posting repetitive text].
– Impersonate another person (including celebrities), indicate falsely that you are an NFT Platform Ltd. employee or a representative of NFT Platform Ltd., or attempt to mislead users by indicating that you represent NFT Platform Ltd. or any of NFT Platform Ltd.’s partners or affiliates.
– Attempt to get a password, account information, or other private information from anyone else on the GAME Credits Services.
– Upload any software or Content that you do not own or have permission to freely distribute.
– Violate any additional Rules of Conduct applicable to a specific NFT Platform Ltd. Service that you are using.
– Promote, encourage or take part in any activity involving hacking, cracking, phishing, taking advantage of exploits or cheats and/or distribution of counterfeit software and/or virtual currency/items.
– Upload files that contain a virus, worm, spyware, time bombs, corrupted data or other computer programs that may damage, interfere with or disrupt the GAME Credits Services.
– Post messages for any purpose other than personal communication, including advertising or promotional messaging, chain letters, pyramid schemes, or other commercial activities.
– Improperly use in-game support or complaint buttons or make false reports to NFT Platform Ltd. staff.
– Use or distribute unauthorized “auto” software programs, “macro” software programs or other “cheat utility” software program or applications.
– Use any game hacking/altering/cheating software or tools.
– Modify or attempt to modify any file or any other part of the GAME Credits Services that NFT Platform Ltd. does not specifically authorize you to modify.
– Post or communicate any person’s real-world personal information using the GAME Credits Services.
– Attempt to interfere with, hack into or decipher any transmissions to or from the servers for the GAME Credits Services.
– Use and communicate exploits and/or cheats.
– Attempt to use NFT Platform Ltd. Software on or through any service that is not controlled or authorized by NFT Platform Ltd. Any such use is at your own risk and may subject you to additional or different terms. NFT Platform Ltd. takes no responsibility for your use of NFT Platform Ltd. Software on or through any service that is not controlled by NFT Platform Ltd.
– Interfere with the ability of others to enjoy using the GAME Credits Services or take actions that interfere with or materially increase the cost to provide the GAME Credits Services for the enjoyment of all its users.
– Unless expressly authorized by NFT Platform Ltd., you may not sell, buy, trade or otherwise transfer your Account or any personal access to the GAME Credits Services, Content or Entitlements, including by use of auction websites.
– Conduct any activities that violate the laws of any jurisdiction including but not limited to copyright infringement, trademark infringement, defamation, invasion of privacy, identity theft, hacking, stalking, fraud and the distribution of counterfeit software.
– Post or transmit unsolicited advertising, promotional materials or other forms of solicitation in-game or in the forums.
– Abuse or exploit bugs, undocumented features, design errors or problems in the GAME Credits Services.
– “Role–playing” is not an excuse for violating this or any other policy.
NFT Platform Ltd. may also post additional rules that apply to your conduct on the GAME Credits Services.
You must also obey all federal, state, and local laws, regulations and rules that apply to your activities when you use the GAME Credits Services. NFT Platform Ltd. reserves the right to terminate your Account and to prevent your use of the GAME Credits Services if your Account is used to engage in illegal activity or to violate this Agreement.
Unless otherwise specified, there is no requirement or expectation that NFT Platform Ltd. will monitor or record any online activity on the GAME Credits Services, including communications. However, NFT Platform Ltd. reserves the right to access and/or record any online activity on the GAME Credits Services and you give NFT Platform Ltd. your express consent to access and record your activities. NFT Platform Ltd. reserves the right to remove any content from the GAME Credits Services at NFT Platform Ltd.’s sole discretion. NFT Platform Ltd. has no liability for your or any third party’s violation of this Agreement.
If you encounter another user who is violating any of the Rules of Conduct, please report this activity to NFT Platform Ltd. by emailing us at [email protected]
Software, Utilities and Tools
The GAME Credits Services may require or allow you to download software, software updates or patches, or other utilities and tools from NFT Platform Ltd., its Affiliates or its licensors onto your computer, entertainment system or device (“NFT Platform Ltd. Software”). NFT Platform Ltd. grants to you a non-exclusive, limited license to use NFT Platform Ltd. Software solely for the purpose stated by NFT Platform Ltd. at the time the NFT Platform Ltd. Software is made available to you. If an End User License Agreement or End User Access And License Agreement is provided with the NFT Platform Ltd. Software, your use of the NFT Platform Ltd. Software is subject to the terms of that license agreement. You may not sub-license, or charge others to use or access NFT Platform Ltd. Software. You may not translate, reverse-engineer, reverse-compile or decompile, disassemble or make derivative works from NFT Platform Ltd. Software. You may not modify NFT Platform Ltd. Software or use it in any way not expressly authorized in writing by NFT Platform Ltd. You understand that NFT Platform Ltd.’s introduction of various technologies may not be consistent across all platforms and that the performance of NFT Platform Ltd. Software and the GAME Credits Services may vary depending on your computer and other equipment.
From time to time, NFT Platform Ltd. may provide you with updates or modifications to NFT Platform Ltd. Software. You understand that certain updates and modifications may be required in order to continue use the NFT Platform Ltd. Software and the GAME Credits Services.
Export Control Laws
NFT Platform Ltd. Software may be subject to United States export controls, and export controls of other jurisdictions. By downloading NFT Platform Ltd. Software from NFT Platform Ltd., you warrant that you are not located in any country, or exporting NFT Platform Ltd. Software to any person or place, to which the United States, the European Union, or any other jurisdiction has embargoed goods.
You agree to abide by U.S. and other applicable export control laws and not to transfer, by electronic transmission or otherwise, any Content or NFT Platform Ltd. Software subject to restrictions under such laws to a national destination prohibited by such laws, without first obtaining, and then complying with, any requisite government authorization. You further agree not to upload to the GAME Credits Services any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software. The assurances and commitments in this section shall survive termination of this Agreement.
Upon NFT Platform Ltd.’s and/or its licensors’ request, you agree to defend, indemnify and hold harmless NFT Platform Ltd., its licensors and Affiliates, contractors, vendors, and content providers from all liabilities, claims and expenses, including attorneys’ fees, that arise from or relate to a breach of this Agreement for which you are alleged to be responsible or in connection with your distribution of any Content on or through the GAME Credits Services. Without limiting the generality of the foregoing, you agree to indemnify and hold NFT Platform Ltd. and its licensors harmless for any improper or illegal use of your Account, including the illegal or improper use of your Account by someone to whom you have given permission to use your Account. You agree that you will be personally responsible for your use of the GAME Credits Services and for all of your communication and activity on the GAME Credits Services, including any UGC you contribute, and that you will indemnify and hold harmless NFT Platform Ltd., NFT Platform Ltd.’s licensors and Affiliates from any liability or damages arising from your conduct on the GAME Credits Services, including any UGC that you contribute.
NFT Platform Ltd., NFT Platform Ltd.’s licensors and Affiliates reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. This section shall survive termination of this Agreement.
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY NFT PLATFORM LTD., THE GAME CREDITS SERVICES, CONTENT CONTAINED THEREIN, AND NFTS LISTED THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. NFT PLATFORM LTD. MAKES NO WARRANTY THAT THE GAME CREDITS SERVICES: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE. NFT PLATFORM LTD. DISCLAIMS ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SERVICE, CONTENT CONTAINED THEREIN. NFT PLATFORM LTD. DOES NOT REPRESENT OR WARRANT THAT CONTENT ON THE GAME CREDITS SERVICES IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. WE WILL NOT BE LIABLE FOR ANY LOSS OF ANY KIND FROM ANY ACTION TAKEN OR TAKEN IN RELIANCE ON MATERIAL OR INFORMATION, CONTAINED ON THE GAME CREDITS SERVICES. WHILE NFT PLATFORM LTD. ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE GAME CREDITS SERVICES AND CONTENT SAFE, NFT PLATFORM LTD. CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE GAME CREDITS SERVICES, CONTENT, ANY NFTS LISTED ON OUR SERVICE OR OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE CANNOT GUARANTEE THE SECURITY OF ANY DATA THAT YOU DISCLOSE ONLINE. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND WILL NOT HOLD US RESPONSIBLE FOR ANY BREACH OF SECURITY UNLESS IT IS DUE TO OUR GROSS NEGLIGENCE.
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 NFTS, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (A) USER ERROR SUCH AS FORGOTTEN PASSWORDS, INCORRECTLY CONSTRUCTED TRANSACTIONS, OR MISTYPED ADDRESSES; (B) SERVER FAILURE OR DATA LOSS; (C) CORRUPTED WALLET FILES; (D) UNAUTHORIZED ACCESS TO APPLICATIONS; (E) ANY UNAUTHORIZED THIRD PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION THE USE OF VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK AGAINST THE SERVICE OR NFTS.
NFTS ARE INTANGIBLE DIGITAL ASSETS. THEY EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED IN THE MATIC NETWORK. ANY TRANSFER OF TITLE THAT MIGHT OCCUR IN ANY UNIQUE DIGITAL ASSET OCCURS ON THE DECENTRALIZED LEDGER WITHIN THE MATIC PLATFORM. WE DO NOT GUARANTEE THAT NFT PLATFORM LTD. OR ANY NFT PLATFORM LTD. PARTY CAN EFFECT THE TRANSFER OF TITLE OR RIGHT IN ANY NFTS.
NFT PLATFORM LTD. IS NOT RESPONSIBLE FOR SUSTAINED CASUALTIES DUE TO VULNERABILITY OR ANY KIND OF FAILURE, ABNORMAL BEHAVIOR OF SOFTWARE (E.G., WALLET, SMART CONTRACT), BLOCKCHAINS OR ANY OTHER FEATURES OF THE NFTS. NFT PLATFORM LTD. IS NOT RESPONSIBLE FOR CASUALTIES DUE TO LATE REPORT BY DEVELOPERS OR REPRESENTATIVES (OR NO REPORT AT ALL) OF ANY ISSUES WITH THE BLOCKCHAIN SUPPORTING NFTS INCLUDING FORKS, TECHNICAL NODE ISSUES OR ANY OTHER ISSUES HAVING FUND LOSSES AS A RESULT.
NOTHING IN THIS AGREEMENT SHALL EXCLUDE OR LIMIT LIABILITY OF EITHER PARTY FOR FRAUD, DEATH OR BODILY INJURY CAUSED BY NEGLIGENCE, VIOLATION OF LAWS, OR ANY OTHER ACTIVITY THAT CANNOT BE LIMITED OR EXCLUDED BY LEGITIMATE MEANS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN CONTRACTS WITH CONSUMERS, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Assumption of Risk
You accept and acknowledge:
The prices of blockchain assets are extremely volatile. Fluctuations in the price of other digital assets could materially and adversely affect the NFTs, which may also be subject to significant price volatility. We cannot guarantee that any purchasers of NFTs will not lose money.
You are solely responsible for determining what, if any, taxes apply to your NFT transactions. Neither NFT Platform Ltd. nor any of its Affiliates is responsible for determining the taxes that apply to NFT transactions.
The GAME Credits Services do not store, send, or receive NFTs. This is because NFTs exist only by virtue of the ownership record maintained on its supporting blockchain. Any transfer of NFTs occurs within the supporting blockchain and not on the GAME Credits Services.
There are risks associated with using an Internet based currency, 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 NFT Platform Ltd. will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the NFTs, however caused.
A lack of use or public interest in the creation and development of distributed ecosystems could negatively impact the development of those ecosystems and related applications, and could therefore also negatively impact the potential utility or value of NFTs.
The regulatory regime governing blockchain technologies, cryptocurrencies, and tokens is uncertain, and new regulations or policies may materially adversely affect the development of the GAME Credits Services and the utility of NFTs.
The GAME Credits Services will rely on third-party platforms such as MetaMask to perform the transactions for the sale of NFTs. If we are unable to maintain a good relationship with such platform providers; if the terms and conditions or pricing of such platform providers change; if we violate or cannot comply with the terms and conditions of such platforms; or if any of such platforms loses market share or falls out of favor or is unavailable for a prolonged period of time, access to and use of the GAME Credits Services will suffer.
There are risks associated with purchasing user generated content, including but not limited to, the risk of purchasing counterfeit assets, mislabeled assets, assets that are vulnerable to metadata decay, assets on smart contracts with bugs, and assets that may become untransferrable. NFT Platform Ltd. reserves the right to hide collections, contracts, and assets affected by any of these issues or by other issues. Assets you purchase may become inaccessible on NFT Platform Ltd. Under no circumstances shall the inability to view your assets on NFT Platform Ltd. serve as grounds for a claim against NFT Platform Ltd.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL NFT PLATFORM LTD. BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM THIS AGREEMENT, THE GAME CREDITS SERVICES, PRODUCTS OR THIRD PARTY SITES AND PRODUCTS, OR FOR ANY DAMAGES RELATED TO LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE AND EVEN IF NFT PLATFORM LTD. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE GAME CREDITS SERVICES, PRODUCTS OR THIRD PARTY SITES AND PRODUCTS ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA RESULTING THEREFROM.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF NFT PLATFORM LTD. ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT, THE ACCESS TO AND USE OF GAME CREDITS SERVICES, CONTENT, NFTS, OR ANY PRODUCTS OR SERVICES PURCHASED ON THE GAME CREDITS SERVICES EXCEED THE GREATER OF (A) $100 OR (B) THE AMOUNT RECEIVED BY NFT PLATFORM LTD. FROM THE SALE OF THE NFTS THAT ARE THE SUBJECT OF THE CLAIM.
THE FOREGOING LIMITATIONS OF LIABILITY SHALL NOT APPLY TO LIABILITY OF NFT PLATFORM LTD. FOR (A) DEATH OR PERSONAL INJURY CAUSED BY A MEMBER OF NFT PLATFORM LTD.’S NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY A MEMBER OF NFT PLATFORM LTD.’S FRAUD OR FRAUDULENT MISREPRESENTATION.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS ALSO LIMIT DISCLAIMERS OR LIMITATIONS OF LIABILITY FOR PERSONAL INJURY FROM CONSUMER PRODUCTS, SO THIS LIMITATION MAY NOT APPLY TO PERSONAL INJURY CLAIMS.
Dispute Resolution; Arbitration.
PLEASE READ THE FOLLOWING ARBITRATION AGREEMENT IN THIS SECTION (“ARBITRATION AGREEMENT”) CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTES WITH NFT PLATFORM LTD. AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
18.1 Applicability of Arbitration Agreement. Subject to Section 10, you agree that any dispute or claim relating in any way to your access or use of the GAME Credits Services, to any products sold or distributed through the GAME Credits Services, or to any aspect of your relationship with NFT Platform Ltd. will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify; and (2) you or NFT Platform Ltd. may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents).
18.2 Arbitration Rules and Forum. The United States Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to us. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other claims shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. If the arbitrator finds that you cannot afford to pay JAMS’s filing, administrative, hearing and/or other fees and cannot obtain a waiver from JAMS, NFT Platform Ltd. will pay them for you. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the country where you live or at another mutually agreed location. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
18.3 Authority of Arbitrator. The arbitrator shall have exclusive authority to (a) determine the scope and enforceability of this Arbitration Agreement and (b) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and NFT Platform Ltd. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and the Agreement (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.
18.4 Waiver of Jury Trial. YOU AND NFT PLATFORM LTD. HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and NFT Platform Ltd. are instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in Section 10 and Section 18.1 above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
18.5 Waiver of Class or Other Non-Individualized Relief. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A OR COLLECTIVE CLASS BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If a decision is issued stating that applicable law precludes enforcement of any part of this subsection’s limitations as to a given claim for relief, then that claim must be severed from the arbitration and brought in the state or federal courts located in the State of Washington. All other claims shall be arbitrated.
18.6 30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to [email protected], within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, the email address you used to set up your account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
18.7 Severability. Except as provided in Section 18.5, if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
18.8 Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with NFT Platform Ltd.
18.9 Modification. Notwithstanding any provision in this Agreement to the contrary, we agree that if NFT Platform Ltd. makes any future material change to this Arbitration Agreement, you may reject that change within thirty (30) days of such change becoming effective by emailing to [email protected]
Links to Third-Party Sites
The GAME Credits Services may include hyperlinks to web sites operated by third parties including advertisers and other content providers. Those sites may collect data or solicit personal information from you. NFT Platform Ltd. does not control such web sites, and is not responsible for their content, privacy policies, or for the collection, use or disclosure of any information those sites may collect.
Governing Law and Venue
This Agreement and the rights of the parties hereunder shall be governed, construed and enforced in accordance with the laws of the State of Washington, without regard to its conflict of law principles. Subject to Sections 10 and 18, any suit or action arising out of or in connection with this Agreement, or any breach hereof, shall be brought and maintained in the federal or state courts in Seattle, Washington. The parties hereby irrevocably submit to the jurisdiction of such courts for the purpose of such suit or action and hereby expressly and irrevocably waive, to the fullest extent permitted by law, any objection it may now or hereafter have to the venue of any such suit or action in any such court and any claim that any such suit or action has been brought in an inconvenient forum.
If any part of this Agreement is held invalid or unenforceable, that portion shall be interpreted in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of NFT Platform Ltd., and the remaining portions shall remain in full force and effect.
Updates to the GAME Credits Services
NFT PLATFORM LTD. MAY FIND IT NECESSARY TO UPDATE OR RESET CERTAIN PARAMETERS OF THE GAME CREDITS SERVICES. NFT PLATFORM LTD. RESERVES THE RIGHT TO MAKE THESE UPDATES WITHOUT NOTICE AND IS NOT LIABLE TO YOU FOR THESE CHANGES.
This Agreement along with the NFT Platform Ltd. Privacy and Cookies Policy constitute the entire agreement between you and NFT Platform Ltd. relating to your access to and use of the GAME Credits Services. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of NFT Platform Ltd. and NFT Platform Ltd.’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. Except as otherwise provided herein, this Agreement is intended solely for the benefit of the parties and is not intended to confer third party beneficiary rights upon any other person or entity. You also understand and agree that this Agreement, the NFT Platform Ltd. Privacy and Cookies Policy and all terms incorporated into this Agreement, including NFT Platform Ltd.’s enforcement of those policies, are not intended to confer, and do not confer, any rights or remedies upon any person.