Terms of use
These Terms and Conditions of Service (the “Terms”) are a contract between the recipient of services (“User”, “you” or “your” as the context requires) and Dream Everest Limited, a Seychelles incorporated company (“Company”, “we”, “us” or “our” as the context requires). The Terms govern your access to and use of the website at https://auranft.co (the “Site”) and any other software, apps, tools, features, or functionalities provided on or in connection with our services (collectively, the “Services”). The Services include the provision of platforms on which users may, among other things, use, purchase and trade non-fungible tokens (“NFTs”), organise or participate in tournaments or create or consume content such as dashboards (each, a “Platform”). By signing up for an account through the Site, or using any of our Services, you agree that you have read, understand, and accept all of the terms and conditions contained in these Terms, regardless of whether you are registered with us as a User. The Terms include and should be read together with our Privacy Policy, which is available at [insert link to Privacy Policy]. For Users who register and/or participate in any Tournament, the Terms include the Tournament Terms, which are set out in the Addendum to these Terms. Some Services described in these Terms or on the Site or Platform may not be available in all jurisdictions or to all Users. As our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion and without liability to you as a result.
1. DEFINITIONS
The following words in these Terms are defined below:
“Affiliate” means any entity that is directly or indirectly controlled by the Company or by any of its parent companies.
“Content” means content such as text, files, documents, dashboards, graphics, images, designs, music, software, audio and video.
“Digital Asset” means any digital representation of value based on, or built on top of, a cryptographic protocol of a computer network, including digital tokens that may be referred to as “cryptocurrency”, “digital payment token” or “virtual currency”.
“NFT” means a non-fungible token or similar digital item implemented on a blockchain (such as the Ethereum blockchain), which uses smart contracts to link to or otherwise be associated with certain Content or data. For the avoidance of doubt, NFTs shall include Creator NFTs that are minted through our Services.
“Creator” means any User creator or other creator of Content offered on any Platform.
“Creator Content” refers to Content created by Users, including any Creator Tournament or Creator Dashboard as defined in section 6.1.
“Tournament” means any tournament, league or other contest created, managed and/or hosted on a Platform.
“User”, “you”, and “your” means you as the user of the Services. If you use the Services on behalf of a company or other entity then “you” includes you and that entity, and you represent and warrant that (i) you are an authorised representative of the entity with the authority to bind the entity to these Terms, and (ii) you agree to these Terms on the entity’s behalf.
“Wallet” refers to any relevant and compatible Digital Asset wallet or address giving you independent control of the private cryptographic keys associated with the Digital Assets.
2. AGREEMENT TO TERMS
By using our Site and/or Services, you agree to be bound by these Terms. If you do not agree to be bound by these Terms, then you may not access or use the Site and Services.
3. CHANGE TO THE TERMS
Your use of the Site and/or Services is governed by the version of the Terms in effect on the date of use. We may make changes to the Terms from time to time without prior notice. If we do this, we will post the changed provisions on the Site, and the revised Terms shall be effective at such time. It is your sole responsibility to review the Terms from time to time to view such changes and to ensure that you understand the Terms that apply when you access or use the Services. If we make material changes to these Terms, we will use reasonable efforts to provide notice of such changes, such as by providing notice through the Service or the Site, and through other communications. If you do not agree with any such modification, your sole and exclusive remedy is to terminate your use of the Services. You understand and agree that your continued use of the Services or the Site after we have made any such changes constitutes your acceptance of the new Terms.
4. ADDITIONAL TERMS AND POLICIES
Your use of the specific Services may be subject to additional terms and policies as may be posted on the Site or Platform from time to time. Those additional terms and conditions, which are available with the relevant Services, then become part of your contract with us if you use those Services. In the event of a conflict between these Terms and any additional applicable terms we may provide for a specific Service, such additional terms shall control for that specific Service.
5. USER ELIGIBILITY FOR THE SERVICES
You must be at least 18 years of age to use the Services. If you are at least 13 years old but under 18 years old, you may only use the Services through a parent or guardian’s account and with their approval or oversight. That account holder is responsible for your actions using the account. It is prohibited to use our Service if you are under 13 years old. You must not attempt to access or use the Services if you are not permitted to do so, whether by law or under these Terms. By using the Services, you affirm, represent and warrant that you have the right, authority and capacity to enter into these Terms, you meet all of the eligibility requirements, and your access and use of the Services shall not violate any applicable laws including those in your jurisdiction.
6. SERVICES
Our Services include:
Marketplace for NFT game assets: operating a peer-to-peer (P2P) Web3 marketplace for Users to buy, sell and trade NFTs;
Marketplace for Tournaments:
Operating a Platform on which Users can create or organize Tournaments (“Creator Tournaments”) and Users can participate in such Creator Tournaments and other Tournaments; and
Facilitating the operations of Tournaments hosted on the relevant Platform such as the making of payments in Digital Assets and holding Tournament prizes in escrow;
Marketplace for data-as-a-service: operating a P2P marketplace where Users can obtain access to our application programming interfaces (APIs) to enable the flow of data to the Site, where the data can be visualised as dashboards (“Creator Dashboards”) or other formats or assembled by Users for various purposes, e.g. to build Tournaments, build an NFT collection or conduct a sales event; and
Marketplace for Web2 game assets:
Operating a P2P marketplace for Web2 game assets where Users can buy, sell and trade NFTs representing Web2 game assets; and
Allowing the use of our NFT minting protocol for minting NFTs (“Creator NFTs”), e.g. NFTs that are a representative of Web2 game assets.
In addition to these Terms and without affecting anything herein, Creator Tournaments, Creator Dashboards, Creator NFTs, other Creator Content and rights or features associated with the foregoing may be governed by terms agreed directly between buyers and sellers (“Purchase Terms”). The Company is not a party to any such Purchase Terms, which are solely between the buyer and the seller. The buyer and seller are entirely responsible for communicating, promulgating, agreeing to, and enforcing Purchase Terms. As a buyer, you are solely responsible for reviewing such Purchase Terms.
7. ACCOUNT SETUP
To use the Services, you must register for an account on the relevant Platform by accepting these Terms and any other applicable terms and conditions, and providing your username, telephone number, email address and such other information as we may require (“User Account”).
When you create your User Account, you undertake and agree to provide us with information about you, as may be prompted by any registration forms on the relevant Platform or otherwise requested by us (“Registration Data”), that is accurate, complete, and current at all times. Failure to do so constitutes a breach of these Terms entitling us to immediately terminate these Terms at our sole discretion.
You may only register a username deemed appropriate by us and that is not associated with a name or trademark actively used by someone else. We reserve the right to replace, modify or delete usernames that do not comply with these Terms.
In relation to your User Account, you shall:
Maintain and promptly update the Registration Data to keep it accurate, current and complete;
Maintain the security of your password and other login credentials, and immediately notify us at support@auranft.co if you become aware or have reason to believe that any of your password or other login credentials have been compromised, or that another person is accessing your User Account through some other means;
Not share your password, other login credentials or access to your User Account with anyone;
Promptly notify us regarding any material changes to circumstances that could affect your eligibility to continue to use the Site or Services or the terms on which you use the Site or Services (using the contact details under “Contact Information” below);
Not buy, sell, rent or lease access to the Services under your User Account or to any third party; and
Be fully responsible for all use of your User Account and for any actions that take place using your User Account.
You authorise us to make inquiries, whether directly or through third parties that we consider necessary to verify your identity or protect you and/or us against fraud or other financial crime and for anti-money laundering and preventing terrorist financing purposes, and to take action we reasonably deem necessary based on the results of such inquiries. We may require you to provide additional Registration Data in relation to such inquiries.
By registering for or using a User Account, you agree and represent that you will use the Services only for yourself, and not on behalf of any third party, unless you have obtained prior approval from us. We may, in our sole discretion, refuse to open a User Account, or limit the number of User Accounts that you may hold, or suspend or terminate any User Account.
By submitting Personal Data (as defined in our Privacy Policy) through our Site or Services, you agree to the terms of our Privacy Policy and you consent to the collection, use and disclosure of your Personal Data (including disclosure to credit reference, fraud prevention or financial crime agencies) in accordance with such terms.
8. USERS’ OBLIGATIONS
We want Users to express themselves freely, but not at the expense of the safety and well-being of others. You therefore agree not to use our Site or Services to do or share anything or provide any Content including Creator Content:
That violates these Terms or other terms and policies that apply to your use of our Services;
That is unlawful, misleading, discriminatory or fraudulent (or assists someone else in using our Services in such a way);
That you do not own or have the necessary rights to share; and
That infringes or violates someone else's rights, including their intellectual property rights (such as by infringing another’s copyright or trademark, or distributing or selling counterfeit or pirated Content).
You further agree not to do any of the following:
Circumvent or attempt to circumvent any Fees (as set out in section 17) owed to us;
Use, display, mirror or frame the Services or any individual element within the Services, the Company’s name, the Company’s trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without our express written consent;
Attempt to hack or hack our Services or any of our Users, or upload any computer viruses including worms, Trojan horses, corrupted files, cancelbots, or any other similar software or programs which may damage the operation of another’s computer or property or interfere with the Services;
Attempt to access or search the Services or download Content from the Site or Platform using any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data-mining tools or the like) other than the software and/or search agents provided by the Company or other generally available thirdparty web browsers;
Use the Services, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;
Collect or store any personally identifiable information from the Services from other Users without their express permission;
Impersonate or misrepresent your affiliation with any person or entity;
Violate any applicable law or regulation;
Use the Services (including acquiring or disposing of NFTs or other Digital Assets) for the purpose of concealing economic activity, laundering money, or financing terrorism;
Engage in deceptive or manipulative trading activities;
Use the Services to conduct financial activities subject to registration or licensing including, but not limited to, the creation and trading of securities, commodities, options, debt instruments or other financial instruments;
Use the Services by or on behalf of our competitor for the purpose of interfering with the Services to obtain a competitive advantage;
Use the Services to post or transmit any unauthorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, or pornographic or is otherwise detrimental to or in violation of our systems or network security, or those of a third party;
Distribute spam to other Users; or
Encourage or enable any other person to do any of the foregoing.
If you become aware of any use of the Services in violation of any of the terms specified in this section, please contact us at support@auranft.co to report it. We reserve the right to determine whether any use of the Services is in violation of the Terms. Violation of the applicable requirements for acceptable use may result in suspension or termination of your User Account, without any refunds of any prepayments, and without prior notice.
8. YOUR CONTENT AND PERMISSIONS YOU GIVE US
Permission to use Content you create and share:
Our Services allow you to create, share, post or provide access to Content. You are responsible for the Content that you create, share, post or provide access to on our Site or Platforms, including its legality, reliability and appropriateness. Content that you create, share or upload on any Platform, including Creator Content, may be protected by intellectual property laws.
You retain ownership of the intellectual property rights (things like copyright or trademarks) in any such Content that you create, share, post or provide access to on any Platform. Nothing in these Terms takes away the rights you have to your own Content. You are free to share your Content with anyone else, wherever you want.
To provide our Services we need you to give us some legal permissions (known as a "licence") to use this Content.
When you share, post, or provide access to Content that is covered by intellectual property rights on or in connection with our Services, you grant us a worldwide, nonexclusive, transferable, sub-licensable and royalty-free licence to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your Content (consistent with your privacy and Platform settings). This means, for example, that if you share an image on any Platform, you give us permission to store, copy, and share it with others (again, consistent with your settings), including with other Users who are entitled to such Content as Creator NFT holders, or with our service providers that support our Services. This licence will end when your Content is deleted from our systems.
In relation to Content that you share, post or provide access to, you represent and warrant that: (a) you own the Content or have the right to use it and grant us the rights and licence as provided in these Terms; and (b) the posting of the Content on our Platforms or through our Services does not violate any law or infringe any rights of any third-party.
You understand and agree that we may delete any Content in the case where we receive any notification of a third-party alleging copyrights or other intellectual property infringement.
Permission to use your username, profile picture, and information about your actions with ads and sponsored or commercial content:
You give us permission to use your username, profile picture, NFTs representing your digital identity or name and information about actions you have taken on the relevant Platform next to or in connection with ads, offers, and other sponsored or commercial content that we display across our Services, without any compensation to you.
10. THE COMPANY’S CONTENT AND INTELLECTUAL PROPERTY
Unless otherwise indicated in writing by us, the Service and all Content contained therein or made available through the Service, including without limitation, Creator Content made available on any Platform, the Company logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, “the Company’s Content”), are the proprietary property of the Company or our licensors, as applicable.
The Company and our licensors exclusively own all right, title and interest in and to the Service, including all associated intellectual property rights therein. You acknowledge that the Service is protected by trademark, copyright and other laws. The appearance and style of the Site and Platform constitutes the trademark of the Company and licensors.
Provided that you are eligible for use of the Services, and subject to your compliance with these Terms and applicable laws, you are granted a worldwide, non-exclusive, revocable, non-transferable, non-assignable, non-sub-licensable, royalty-free, limited and personal licence to access and use the Services solely for your own use subject to these Terms.
This licence is revocable by us at any time without notice and with or without cause. The foregoing in this section 10 does not apply to your own Content that you legally share, post or provide access to on the Site or Platform.
In relation to the Company’s Content, Users agree and acknowledge that they will not do, or attempt to do, the following (“Prohibited Uses”) without the Company’s express prior written permission in each case:
Modify, distort, mutilate, or perform any other modification to the Company’s Content;
Copy, imitate, apply for, register, or otherwise use or attempt to use the Company’s trademark in whole or in part anywhere in the world;
Remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Service;
Attempt to trademark, copyright, or otherwise acquire additional intellectual property rights in or to the Company’s Content;
Use any of the Company’s Content to link to the Service without our express written permission;
Use framing techniques, metatags or other ‘hidden text’ to enclose any of the Company’s Content;
Republish the Company’s Content on any internet, intranet or extranet site or incorporate the Company’s Content in any other database or compilation;
Make commercial use of the Company’s Content or otherwise commercially exploiting the Company’s Content;
Use the Company’s Content to advertise, market, or sell any third-party product or service;
Use the Company’s Content in any pornography, or in connection with images, videos, or other forms of media that depict hatred, intolerance, violence, cruelty, terrorism or anything else that could reasonably be found to constitute hate speech or otherwise infringe upon the rights of others;
Use the Company’s Content in a manner which, in our sole discretion, would be prejudicial to the brand and/or reputation of the Company or licensor; or
Attempt to mint, tokenise, or create an additional cryptographic token representing the Company’s Content.
It is our policy to terminate Users and the licence granted to them in appropriate circumstances in the event Users engage in Prohibited Uses or repeatedly infringe or are believed to be repeatedly infringing our intellectual property rights or those of third parties. We may also seek legal action against you in such a case. Such unauthorised use may also violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations.
If you become aware of any Prohibited Uses specified in this section or any infringement of intellectual property rights taking place on our Platforms or through our Services, please contact us at support@auranft.co to report it.
11. THIRD PARTY INTELLECTUAL PROPERTY
Where a third party owns the intellectual property, including but not limited to copyright, patents or trade secrets, associated with Content you access through the Services (“Third Party IP”), you acknowledge and agree that:
You may only use the Third Party IP on an “as is” basis, in its current condition when purchased or otherwise accessed;
You may not otherwise modify, edit or change the Third Party IP or engage in Prohibited Uses relating to Third Party IP;
We may pass on additional restrictions based on our licence under the Third Party IP to you, which may affect your ability to use the Services; and
To the extent that we inform you of such additional restrictions in writing, you will be responsible for complying with all such restrictions from the date that you receive the notice, and that failure to do so will be deemed a breach of these Terms and the licence granted herein.
12. NFTS AND CREATOR CONTENT
When you (“Purchaser”) purchase an NFT or other Creator Content through the Service, you are not entitled to any ownership right to, or licences in, any intellectual property of the NFT or any Creator Content or associated features, except to the extent provided for under these Terms or unless otherwise agreed between the Creator and purchasing User.
Using our NFT minting protocol, Creators may mint NFTs (e.g. NFTs that are representative of Web2 game assets) that refer to their Content. Creator NFTs may have rights and functions attached to them (e.g. certain Creator NFTs may give Users access to specific types of content or entry to Tournaments). Users may purchase Creator NFTs on the relevant Platform from Creators and Creator NFTs may be traded on the Platform.
Each Purchaser only has access to such Creator Content and associated features as made available in the sole discretion of the Creator minting the NFT and/or offering such Creator Content. We do not endorse any Creator.
Users who purchase NFTs through our Services, including Creator NFTs that are minted or purchased, can sell their NFTs to others (“Subsequent Purchasers”) on compatible third party platforms.
As Purchasers or Subsequent Purchasers, you have a worldwide, non-exclusive, revocable, non-sublicensable, non-assignable, non-transferable, royalty-free, limited and personal licence (the “NFT Licence”) to use the Creator Content and (where applicable) any features associated with your NFT solely for the following purposes:
For your own personal, non-commercial use, including use on the relevant Platform;
Communicating your interest in the NFT or Creator Content, such as promoting or discussing the NFT or Creator Content on social media or other internet-based media applications;
Attempting to sell or dispose of the NFT or Creator Content or any rights therein owned by you, such as making an offer to sell, gift or trade the NFT or Creator Content or any rights therein on the relevant Platform or a third-party platform or exchange;
Using your NFT or Creator Content on any third-party website or application that permits the inclusion, involvement, storage, or participation of your NFT or Creator Content; and
In the case of a Creator NFT or other Creator Content, for any other purposes or uses agreed in the Purchase Terms.
13. WALLETS, EQUIPMENT AND SOFTWARE
NFTs or other Digital Assets that you purchase or use in relation to the Services may be held in one or more your Wallets. In order to purchase, receive or otherwise use any NFT or other Digital Asset on a Platform, you may be required to connect your Wallet to the Services. You hereby grant us permission to access and/or interact with such Wallet to the extent necessary to provide the Services.
If we are unable to deliver NFTs or other Digital Assets to your Wallet for any reason (e.g., a failure to broadcast the transaction representing the order of such NFT or other Digital Asset to the relevant blockchain), the transaction may be voided. You acknowledge and agree that we shall not bear any responsibility for any NFT or other Digital Asset misdelivered as a result of incorrect information provided by you, and that you shall bear sole responsibility for ensuring that your Wallet is accurately and properly connected to the Services. Any and all risk and title in and to any NFT or other Digital Asset shall be deemed to transfer to you upon the successful broadcast of the applicable transaction representing the order of such NFT or other Digital Asset to the relevant blockchain.
The Company does not operate, maintain, control or have custody over any contents of your Wallet. We accept no responsibility for, or liability to, you in connection with your Wallet and make no representations or warranties regarding how the Services will operate with any specific Wallet. Any issues relating to your Wallet should be addressed to your Wallet provider. We are not responsible for any acts or omissions by you in connection with your Wallet as a result of your Wallet being compromised. You will immediately notify us if you discover or otherwise suspect any security issues related to your use of the Services..
You must provide all equipment, connectivity, and software necessary to connect to the Services. You are solely responsible for any costs and expenses, including Internet connection or mobile fees, which you incur when accessing the Services.
14. NO BUY-BACK, REDEMPTION OR BURNING
We do not represent, warrant or undertake that we will buy back, redeem, burn or provide any other similar features in relation to NFTs or other Digital Assets. However, we may do any of the foregoing at our discretion. We are not required to warn any User or third party when we decide to exercise this right.
15. NO OWNERSHIP INTEREST, CLAIM OR LOAN
You understand and agree that your purchase, sale, holding, receipt and use of any NFTs, other Digital Assets or any assets from the Services does not:
Represent or constitute a loan or a contribution of capital to, or other investment in the Company or its Affiliates;
Provide you with any ownership interest, equity, security, or right to or interest in the assets, rights, properties, revenues or profits of, or voting rights whatsoever in the Company or its Affiliates; and
Create or imply or entitle you to the benefits of any fiduciary or other agency relationship between the Company, its Affiliates, or any of its directors, officers, employees, or agents.
You further accept that NFTs shall not under any circumstances be deemed to be or treated as:
A debt or liability of any nature owed by the Company or any of its Affiliates to you or any other entity;
Any form of financial derivative including, but not limited to, a futures contract, forward contract, option, swap or warrant;
A contract for difference of any form or kind or any other contract, the purpose of which is to secure a profit or avoid a loss by reference to fluctuations in the value or price of an asset or an index;
Any commercial paper or negotiable instrument;
Any commodity or asset that any person is obliged to redeem or purchase;
Any note, bond, warrant or other certificate that entitles you to repayment of the purchase price or part thereof, any interest, dividend or any other kind of return on the purchase price or part thereof by the Company, its Affiliates or any other entity;
An interest or share in any investment fund or collective investment scheme;
The pooling of monies with the aim of spreading investment risk;
Entitling you to participate in any profits or gains from the acquisition, holding, management or disposal of assets; or
Any security, capital markets product, investment or equivalent terms in any jurisdiction.
16. USER REPRESENTATIONS AND WARRANTIES
You represent and warrant that:
You will use the Services in compliance with all applicable laws and regulations and you are solely responsible for ensuring that your use of the Site or Services does not violate any laws or regulations or any agreements with any third parties;
You are knowledgeable, experienced and sophisticated in using blockchain technology and entering blockchain-based transactions;
You have made enquiries and are satisfied as to the legitimacy, authenticity and lawfulness of your right to acquire ownership of, resell or otherwise deal with NFTs or other Digital Assets
You will not accept, solicit, offer, or engage with other Users, transact on or off the Platforms or otherwise engage with smart contracts, with the intent to artificially devalue, inflate, or otherwise deceptively influence, misrepresent, or cause to be misrepresented the price of NFTs or other Digital Assets;
You will not engage in any unlawful or deceptive conduct that may prevent competitive or fair trading, artificially inflate or deflate the price of NFTs or other Digital Assets, simulate demand for NFTs or other Digital Assets, or any other anti-competitive practices; and all funds and/or assets used by you in connection with any sale, purchase or other transaction in NFTs or other Digital Assets have been lawfully obtained by you in compliance with all applicable laws and/or regulations.
You acknowledge that we may require you to provide additional information and/or documentation in order to ensure compliance with applicable laws and/or regulations (e.g., those related to anti-money laundering, etc.), and compliance with these Terms, and agree that you will provide any such additional information and/or documentation upon request.
17. PAYMENTS, FEES AND TAXES
Any order(s) placed through the Services on any Platform for NFTs or other Digital Assets shall require immediate payment in full of the applicable purchase price (the “Purchase Price”) at the time of purchase, and shall be non-refundable. You hereby acknowledge and agree that, due to the nature of blockchain technology, once any transaction representing such order(s) has been broadcast to the relevant blockchain, such order cannot be cancelled or reversed for any reason.
We shall be permitted to change the Purchase Price for any NFT or other Digital Asset at any time prior to the applicable sale thereof, for any reason and without notice to you. You hereby authorise us to charge you the applicable Purchase Price for any NFT or other Digital Asset that you purchase on the Service, as in effect at the time your purchase is confirmed.
You are solely responsible for all costs incurred by you in using the Services (including any gas fees associated with blockchain-based transactions) and determining, collecting, reporting and paying all applicable Taxes. As used herein, “Tax” or “Taxes” refers to any and all federal, state, local, municipal and national taxes, duties, levies, tariffs and other governmental charges, including gross receipts, personal or corporate income, profits, sales, use, occupation, goods and services, value added, ad valorem, transfer, franchise, withholding, payroll, recapture, employment, excise and property taxes, together with all interest, penalties and additions imposed with respect to any such amounts.
Subject to section below, all payments you make to the Company or other Users under these Terms shall be made in full without any deduction or withholding (whether in respect of set-off, counter-claim, duties, Tax, bank transfer fees, charges or otherwise) unless a deduction or withholding is required by any applicable law, in which event you shall:
Ensure that the deduction or withholding does not exceed the minimum amount legally required;
Be liable to pay to us or such other User such additional amount that will result in the net amount received by us or such other User being equal to the amount which would have been received had no such deduction or withholding been made; and
Pay to the relevant Tax authority, within the period for payment permitted by any applicable law, the minimum amount of the deduction or withholding required by law.
Your purchase and sale of Services, NFTs or other Digital Assets may be subject to Goods and Services Tax (“GST”) or Value Added Tax (“VAT”), as applicable.
We reserve the right to report any activity occurring using the Services to relevant Tax authorities as required under applicable law. You are solely responsible for maintaining all relevant Tax records and complying with any reporting requirements you may have as related to our Services. You are further solely responsible for independently maintaining the accuracy of any record submitted to any Tax authority including any information derived from the Services.
Your use of any Platform and/or our Services may, depending on the functions of the Platform you wish to use or the Service(s) you wish to access, require payment of a fee, commission, royalty or other charges (collectively, the “Fees”) to us in accordance with the published rate on the Site. We reserve the right to revise any of the Fees for your use of our Services at our sole discretion at any time upon no less than 30 days’ notice from us. Such notice of our revised Fees will be posted on the Site. Your continued use of our Services after such notice is posted constitutes your deemed acceptance of the revised Fees.
You agree to pay all applicable Fees and you authorise the Company to automatically deduct other Fees (including any gas fees or payment processing fees, as applicable) directly from your payment.
All Fees are non-refundable except at the sole discretion of the Company (for Fees within its control) or applicable third parties.
You acknowledge and accept that the Company uses the services of third-party electronic payment processors and financial institutions ("Third-Party Payment Providers") to process payments of fiat currencies in connection with the Services. The deposit and withdrawal of all transactions in fiat currency for your User Account is subject to these Terms, and where applicable, the Third-Party Payment Provider's terms and conditions. You hereby authorise the Company to instruct such Third-Party Payment Providers to handle all transactions in fiat currency associated with your User Account, as reasonably required to provide the Services.
18. GENERAL RIGHTS
Unlawful Purposes: Content used primarily or substantially for the purpose of raising funds for terrorist organizations or other criminal conduct is prohibited on the Platforms and will be removed.
Monitoring and Investigations: We are not obligated to monitor access to or use of the Services or to review or edit any Content on the Site or Platforms. However, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable Users’ access to Services, the Site or the Platforms at any time and without notice, including, but not limited to, if we, at our sole discretion, consider it objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services.
System Maintenance: We may interrupt your access to the Services at our sole discretion for any reason, including but not limited to, updating, maintenance, malfunctioning equipment or repairing the Services.
19. ASSUMPTION OF RISK
You accept and acknowledge:
The price of NFTs and other Digital Assets can fluctuate significantly. In using the Services, you may lose all your money that you have used in purchasing or otherwise dealing in NFTs or other Digital Assets.
You have done your research and obtained sufficient information to make an informed decision before you decide to purchase, sell, transfer, or otherwise interact with NFTs or other Digital Assets, and are using the Services at your own risk.
NFTs or other Digital Assets exist only by virtue of the ownership record maintained on its supporting blockchain. Any transfer of title occurs on the decentralised ledger within such blockchain network. We do not guarantee that we can effect the transfer of title or right in any NFTs or other Digital Assets. Transactions in NFTs or other Digital Assets may be irreversible, and, accordingly, losses due to fraudulent or accidental transactions may not be recoverable. Transactions in NFTs or Digital Assets may be deemed to be made when recorded on a public ledger, which is not necessarily the date or time that you initiated the transaction.
The Services may be temporarily unavailable from time to time for maintenance or other reasons. The Company will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the Services, however caused.
The Company will not be responsible for any risks to you from using the Services, which include, but are not limited to:
Non-recoverable and/or non-reversible transactions;
Fraudulent and/or fraudulent transactions;
Unauthorised third-party access such as malicious software, hacking, theft, attacks;
Hardware, software and/or internet connection failure;
Changes to the protocol or network of the underlying blockchain including changes in operating rules (“Forks”) which may affect the availability, value, functionality and/or name of a Digital Asset;
Regulatory changes which may adversely affect the development of the Services and the use of NFTs or other Digital Assets;
A lack of public interest in the Services which may also negatively impact the potential utility or value of NFTs or other Digital Assets; or
Changes affecting, decisions taken by, and other risks associated with third-party software providers, marketplaces or other platforms which may support or perform transactions with respect to NFTs or other Digital Assets.
We are not providing any financial, legal, tax, accounting or other professional advice. Nothing from our Services, including any of the Company’s Content, should be construed as financial, legal, tax, accounting or other professional advice. If you are in doubt, please consult an independent professional advisor from persons licensed and qualified in the area for which such advice would be appropriate.
20. LINKS TO THIRD PARTY WEBSITES OR CONTENT
The Services may allow you to access third-party websites or third-party Content. We provide access only as a convenience and are not responsible for the Content, products or services on or available from those resources or links displayed on such websites. You acknowledge sole responsibility for, and assume all risk arising from, your use of any third-party websites or Content.
References to any other products, services, Content, processes or other information by name, trademark, manufacturer, supplier or otherwise on the Service does not constitute or imply endorsement, sponsorship or recommendation by the Company.
21. DISCLAIMERS
If you elect to sell, purchase, or trade any NFT or other Digital Assets, any transactions that you engage in will be conducted solely through the blockchain network governing such Digital Asset and you will be required to make or receive payments exclusively through your Wallet. We will have no control over these payments or transactions, nor do we have the ability to change, cancel or reverse any transactions. Accordingly, we will have no liability to you or to any third party for any claims or damages that may arise as a result of any transactions that you enter into in relation to the Services.
Your use of the Services is at your own risk. You understand and agree that the Services provided, including any NFTs, other Digital Assets or Content listed therein, are provided on an “as is” and “as available” basis without warranties or conditions of any kind, either express or implied. The Company (and its service providers) make no representation or warranty:
That the Services will meet your requirements;
That the Services will be available on an uninterrupted, timely, secure, or errorfree basis;
That the Services or the Company’s Content are lawful, accurate, complete, reliable, safe, error-free, free of other viruses or other harmful components;
As to the value, fairness of price or value of use of NFTs or other Digital Assets made available for sale on any Platform or any third-party platform;
Of title, origin, non-infringement, functionality, merchantability, usage, security, suitability or fitness for any particular purpose, workmanship or technical quality of the Services, any NFT, other Digital Assets or the Company’s Content; or
About the identity, legitimacy, authenticity or legal rights of Users to acquire ownership, resell or otherwise deal with NFTs, other Digital Assets or Content available on any Platform.
The Company disclaims all other warranties or conditions, express or implied, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose or non-infringement, to the maximum extent permitted by applicable law, as to the Services, any NFT or other Digital Assets and the Company’s Content.
We will not be responsible or liable to you for any loss in relation to your use of Services, NFTs or other Digital Assets, or any Company’s Content, including but not limited to any losses, damages or claims arising from:
User error such as forgotten passwords, incorrectly constructed transactions, or mistyped addresses;
The purchase or inability to purchase NFTs or Digital Assets on any Platform;
Compromised or hacked accounts;
Server failure or data loss;
Corrupted Wallet files;
Unauthorised access to applications;
Any unauthorised third-party activities or breaches of security, including the use of viruses, phishing, bruteforcing or other means of attack against the Services; or
Issues with the blockchain supporting NFTs or other Digital Assets, including Forks, technical node issues, repudiated transactions, migrations or updates.
Your sole and exclusive remedy for any problems or dissatisfaction with the Site or the Services is to delete your User Account and stop using the Services.
The Company will not be responsible or liable to you for any losses when we decide to sell or purchase any quantity of NFTs or other Digital Assets at our sole discretion.
Some jurisdictions do not allow the exclusion of implied warranties in contracts with consumers, so the above exclusion may not fully apply to you.
Nothing in these Terms shall exclude or limit liability of either party for fraud, violation of laws, or any other activity that cannot be limited or excluded by legitimate means.
The Services are controlled and operated from facilities in [Seychelles]. While the Services may be accessible [worldwide], the Company does not claim, and cannot guarantee, that the Services are or will be appropriate or available for any location or jurisdiction, or comply with the laws or any location or jurisdiction.
22. LIMITATION OF LIABILITY
To the maximum extent permitted by law, neither the Company, nor its service providers involved in creating, producing, or delivering the Services will be liable for: any indirect, incidental, special, punitive, exemplary or consequential damages, including but limited to damages for lost profits, lost revenues, lost savings, lost business opportunity, loss of data or goodwill, service interruption, computer damage or system failure or the cost of substitute services of any kind arising out of or in connection with these Terms or from the use of or inability to use the Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not the Company or its service providers has been informed of, or could foresee, the possibility of such damage.
To the maximum extent permitted by law, neither the Company nor its service providers will be liable for any damages to your computer system, mobile device or data from the use of the Services and any third-party sites.
To the maximum extent permitted by the law of the applicable jurisdiction, in no event will the Company’s total liability, arising out of or in connection with these Terms or from your use of or inability to use the Services, exceed the amounts you have paid or are payable by you to the Company for use of the Services, or one hundred US Dollars (USD 100) if you have not had any payment obligations to the Company, as applicable.
The exclusions and limitations of damages set forth above are fundamental elements of the basis of the bargain between the Company and you.
23. INDEMNITY
To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless the Company, and our respective past, present and future Affiliates, employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, agents, representatives, predecessors, successors and assigns, from and against all actual or alleged thirdparty claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys’ fees and expenses) and costs (including, without limitation, court costs, costs of settlement and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to:
Your use or misuse of the Services;
Your violation of these Terms;
Your use and/or disposal of any NFTs or other Digital Assets or Company’s Content;
Your negligence or willful misconduct; or
Your violation of the rights of a third party or of applicable law.
You agree to promptly notify us of any Claims and cooperate with us in defending such Claims. You further agree that the Company shall have control of the defence or settlement of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in any written agreement between you and the Company.
24. NO CONFLICT WITH LOCAL LAW
The laws of some jurisdictions may limit or not permit certain provisions of this agreement, such as indemnification, the exclusion of certain warranties or the limitation of liability. In such a case, such provisions will apply only to the maximum extent permitted by the laws of such jurisdictions. Also, you may have additional legal rights in your jurisdiction, and nothing in these Terms will prejudice such rights that you may have as a consumer of the Services under such applicable law.
25. SUSPENSION AND TERMINATION
You may delete your User Account at any time. The deletion of your user Account will not release you from any obligations incurred pursuant to these Terms or from any breach of these Terms.
We may suspend or terminate your access to the Services at any time in connection with any transaction as required by applicable law, any governmental authority, or if we in our sole and reasonable discretion determine you are violating these Terms or the terms of any third-party service provider. Such suspension or termination shall not be construed as a breach of these Terms by the Company. In accordance with our antimoney laundering, anti-terrorism, anti-fraud, and other compliance policies and practices, we may impose reasonable limitations and controls on your ability to use the Services. Such limitations may include, where good cause exists, rejecting transaction requests, freezing funds, or otherwise restricting you from using the Services. We also reserve the right to cooperate with law enforcement authorities and disclose any information in our possession or from our Services that we deem necessary to meet any applicable laws, regulations or legal processes.
You acknowledge and agree that we shall have no liability or obligation to you in such event that we suspend or terminate your access to the Services, and that you will not be entitled to a refund of any amounts that you have already paid to us.
Upon any termination of these Terms, all sections which by their nature should survive the termination of these Terms shall continue in full force and effect subsequent to and notwithstanding such termination. Termination will not limit any of our other rights or remedies at law or in equity.
26. GOVERNING LAW
These Terms and any action related thereto will be governed by the laws of Singapore, without regard to conflict of laws of Singapore or any other jurisdiction.
27. DISPUTE RESOLUTION
Any dispute arising out of or in connection with these Terms, including any question regarding their existence, validity or termination, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this clause.
The seat of the arbitration shall be Singapore.
The Tribunal shall consist of one arbitrator.
The language of the arbitration shall be English.
In respect of any court proceedings in Singapore commenced under the International Arbitration Act 1994 in relation to the arbitration, the parties agree (a) to commence such proceedings before the Singapore International Commercial Court (“the SICC”); and (b) in any event, that such proceedings shall be heard and adjudicated by the SICC.
28. GENERAL TERMS
Our right to block access: We reserve the right, at any time, in our sole discretion, to block access to the Services from certain IP addresses and unique device identifiers.
Entire Agreement: These Terms constitute the entire and exclusive understanding and agreement between the Company and you regarding the Services, and these Terms supersede and replace all prior oral or written understandings or agreements between the Company and you regarding the Services.
Assignability: You may not assign or transfer these Terms, by operation of law or otherwise, without the Company’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. The Company may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
No Waiver: No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
Severability: If an arbitrator or court of competent jurisdiction decides that any part of these Terms is invalid or unenforceable, then the invalid or unenforceable part will be severed from the Terms while the remaining parts of these Terms will remain in full force and effect.
Notices and communications: By using our Services, you consent to receiving electronic communications from us (including email, Platform messages, or other types of messages). Any notices or other communications provided by the Company under these Terms will be given, (a) via email; or (b) by posting to the Site or relevant Platform.
Communication made by email will constitute written notice for the purposes of these Terms when the email is opened and receipt acknowledged (including by way of a mail delivery report or system record confirming receipt by the other party) except where the time of dispatch is not between 09:00am and 5:00pm on a day on which business is generally carried on in the place to which such notice is sent, in which case the notice will be deemed to have been received at the commencement of business on the next such day in that place. Notifications by posting to the Site or relevant Platform will be deemed to have been delivered and notice given on the day the posts are made.
Waiver of Rights: The Company’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorised representative of the Company. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
Force Majeure: The Company shall not be liable for any action, omission, duty or obligation due to any occurrence that is beyond our control, including:
any future laws or regulations;
any act of God or war;
terrorism;
any epidemic or pandemic;
hacking or other attack on the Services;
the unavailability, disruption or malfunction of any network or blockchains;
the unavailability, disruption or malfunction of the Internet; or
any unavailability, disruption or malfunction of any system, software, network or infrastructure necessary for the Services to function.
Rights of Third Parties: Unless expressly provided to the contrary in these Terms, a person who is not a party to these Terms has no rights under the Contracts (Rights of Third Parties) Act 1999 of Singapore (as may be amended, supplemented or replaced from time to time) to enforce or enjoy the benefit of any provision in these Terms.
29. FEEDBACK
We welcome feedback and suggestions for our Services. You agree that any feedback provided to us can be used at our discretion in any manner, without notice and without compensation to you.
30. CONTACT INFORMATION
If you have any questions about these Terms or the Services, please contact us at support@auranft.co.
Addendum – Tournament Terms and Conditions
This Addendum sets out the additional terms and conditions applicable to tournaments, leagues or other contests (each, a “Tournament”) created, managed and/or hosted by us or on the Tournament Platform. The Terms and this Addendum together form part of a single agreement between you and us.
By registering for, entering and/or participating in a Tournament, you agree that you have read, understand, and accept all of the terms and conditions contained in the Terms and this Addendum.
Unless otherwise defined, capitalised terms used in this Addendum shall have the same meanings given to them in the Terms. In the event of a conflict between this Addendum and the Terms, this Addendum shall control in relation to any Tournament.
AGREEMENT TO TERMS
By registering for, entering and/or participating in a Tournament, you agree to be bound by this Addendum. If you do not agree to be bound by this Addendum, then you may not enter and/or participate in any Tournament.
CHANGES TO TERMS
We may make changes to this Addendum from time to time without prior notice. If we do this, we will post the changed provisions at: [insert link], and the revised Addendum shall be effective at such time. You understand and agree that your entry into or continued participation in a Tournament after we have made any such changes constitutes your acceptance of the new terms. We reserve the right at any time to amend or publish additional rules that apply to your entry into and/or participation in any Tournament. If you do not agree with any such modification or additional terms, your sole and exclusive remedy is to terminate your participation in the Tournament.
TOURNAMENT SPECIFIC TERMS
Your participation in a Tournament may be subject to additional terms and conditions and rules relating to (but not limited to) gameplay, player eligibility, fees and prizing as applicable to the particular Tournament, as designated on [the home page for the applicable Tournament]. You acknowledge and agree that you have read and understood, and agree to comply with, the applicable terms and conditions of each Tournament that you participate in.
If the additional terms and conditions applicable to the Tournament are in conflict with the Terms, the Terms shall prevail.
PARTICIPATION RULES
Player eligibility: You must be a registered player (“Player”) to participate in any Tournament. You agree that all information that you provide during or for the purposes of registration is true and correct and you will promptly notify us of any changes to such information. To register for any Tournament, you must have a valid User Account and must register for the Tournament using your User Account. You may not allow any third party to use your User Account to register or participate in Tournaments, or for any other purposes.
Proof of eligibility: You agree to provide information as we may deem necessary to verify your identity, eligibility and registration for any Tournament, including a valid government-issued identification document and proof of residency. We may require you to verify your identity at any time at our sole and absolute discretion, including but not limited to joining a video call or providing a video feed of your game or person during a live match. Failure to comply with a reasonable request by us for player verification purposes may result in disqualification from the Tournament and/or other penalties including retroactive vacating of games, matches, records or rewards, or forfeiture of any prizes, to the extent permitted by applicable law. Any Player who provides false information about their identity may be subject to immediate disqualification from a Tournament.
Player Identifier: Your User Account may be associated with a display name and profile picture that may be visible to other Players. When you choose a display name, profile picture or otherwise create a label or image that can be seen by other Players or users of the Services (each, a “Player Identifier”), you must abide by our guidelines as well as the rules of common courtesy and decency. You agree to abide by our policy and guidelines on Player Identifiers as published on [the home page for the applicable Tournament]. All Player Identifiers may be reviewed by us. If we find a Player Identifier to be offensive or improper or believe a Player Identifier is or may be illegal, we may, in our sole and absolute discretion, refuse to grant you the Player Identifier, change or remove the Player Identifier, and/or suspend or terminate your User Account.
Entry Fees: Your participation in any Tournament and your entitlement to any prize or reward from the Tournament may be conditional on the payment of an entry fee, as specified on [the home page for the applicable Tournament]. In some cases, the entry fee may be pooled together with entry fees paid by other participants to create the prize pool for the relevant Tournament. In the event of any outstanding payment of the entry fee, we may in our sole and absolute discretion suspend, limit or revoke your participation in any Tournament, forfeit any prizes awarded to you or withhold prizes until payment has been made.
TOURNAMENT RULES
Rules of Conduct
Players are to exhibit a high level of sportsmanship and etiquette with all other players at all times. Players that act in a deliberate manner to disrupt a Tournament or engage in any other conduct to the detriment of the competitive integrity of a Tournament may be disqualified and removed by unilateral action by us. You acknowledge and agree that it is your sole responsibility to ensure that your participation in a Tournament is not in breach of any laws applicable to your participation, including the laws of the country in which you reside. You agree not to do any of the following:
participate in any Tournament in breach of any law in the country where you reside or that you are subject to;
interfere with any other Tournament player’s use of the Services, including any gameplay in any Tournament. This includes, without limitation, using vulgar, harassing or abusive language or spamming or flooding the chat or dialogue services;
modify, reverse engineer, manipulate, attempt to extract or otherwise use any source code or other data from any Tournament, unless expressly authorised in writing by us or required by law;
interfere with or disrupt any server or network which is used to host, support or provide a Tournament;
create, use, transmit and/or distribute any program, software or modification that may cause damage to, or interfere with, or otherwise disrupt a Tournament, including but not limited to, any hacking or cracking of a Tournament website, uploading any computer viruses, worms, Trojans, spyware or any other corrupted files or software which may cause damage to a Tournament;
impersonate another person or imply that you are a representative or employee of the Company or otherwise authorised or associated to speak on behalf of the Company;
make any attempt to collect, phish or otherwise obtain secure account information of other players, including personal information, account information, payment details or passwords;
use or distribute to others any software programs, tools or modifications which would be considered to be game hacking, cheat or exploitation software or modifications or which is intended to provide an unauthorised and unfair advantage to a player;
exploit any Tournament or any content appearing therein for commercial purposes without our prior consent;
use any technique other than pure skill during a Tournament. Such techniques may include, but are not limited to, establishing multiple accounts, the use of program codes or commands or any adapted hardware or software to assist play, the impersonation of another player or account, or deliberately losing games for the purpose of getting a competitive advantage;
engage in any form of cheating, or attempt to influence or manipulating a game or match so that the outcome is determined by anything other than its merits. Examples of cheating would include, but are not limited to, collusion, match-fixing or any other action to intentionally alter, or attempt to alter, the results of any game or match;
use language that is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, tortious, obscene, offensive, profane, unlawful, or invasive of another’s privacy;
engage in any act of racism, sexism, homophobia, or any perceived act of bigotry, harassment, or prejudice against any person involved in or associated with the Tournament; (n) engage in any conduct that injures or may injure the business, reputation or goodwill of the Company or its Affiliates;
infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of the Company or any third party;
engage in gambling in any Tournament, or use any of the Services for gambling or to otherwise participate in any games of chance;
make any false, misleading, or inaccurate statements; or
encourage or enable any other person to do any of the foregoing.
If you become aware of a breach of the rules of any Tournament or other violation of the Terms, please contact us at support@auranft.co to report it.
In order to preserve the integrity of the Tournaments and uphold a reputation for open and fair game competition on our Platform, we shall have the right to monitor compliance with the Terms and Tournament rules, investigate possible breaches of the Terms and Tournament rules, and impose sanctions for violations. If you are found to be in breach of Tournament rules (including any of the rules of conduct set out at clause 5.1 above) or the Terms, and without prejudice to any of our other rights or remedies under the Terms, we reserve the right, in our sole and absolute discretion, to take immediate action against you, including all or any of the following:
issuing a warning against you;
your expulsion or disqualification from all current and future Tournaments or other events of the Company or its Affiliates;
withholding, forfeiting or reclaiming any or all prizes awarded to you; and
suspending, limiting or revoking your participation in any Tournament or access to certain or all of our Services, and retroactively vacate games, matches, records and rewards of any past Tournaments;
terminating your User Account and limited licence to use our Services.
Our decision as to the appropriate disciplinary action shall be final and binding. In the event we take action against you for breach pursuant to these Terms, you will not be entitled to a refund of any amounts that you have already paid to participate in the Tournament, including but not limited to any entry fees, or any expenses or costs related to the termination or disqualification.
We will use commercially reasonable efforts to investigate any suspected breach of the rules of any Tournament or the Terms. You agree to fully cooperate with any investigation by us. Any failure to cooperate with any investigation conducted by us relating to a violation of the Terms, Tournament rules or applicable laws is, by itself, a violation of the Terms. We reserve the right to suspend or terminate the suspected Player’s access to the Tournament or block his/her User Account while investigations against the Player are pending.
We shall not be liable for any loss, whatsoever, sustained by you as a result of any breach, or otherwise unlawful activity of any person involved in a Tournament. You further agree that we shall not, under any circumstances, be under any obligation to investigate or pursue any complaints made against any Player.
PRIZES AND OUTCOME OF TOURNAMENTS
The results and winners of each Tournament will be determined in accordance with the rules of the Tournament based on actual game and server data, and the final list of winners will be posted on [the home page for the applicable Tournament] following completion of the Tournament. You agree that the determination of winners as stated in the published winners’ list is final and cannot be appealed. By registering and/or participating in any Tournament, you agree to be bound by these determinations.
Details of prizes for each Tournament will be as designated on the [the home page for the applicable Tournament]. Prizes are generally awarded in the form of Digital Assets and will be directly deposited into the Wallet linked to the winning Player’s User Account which is selected as the default Wallet. We are not responsible for any Player’s inability to accept or use the prize for any reason, or for failed delivery of any prize due to the Player’s fault, including but not limited to incorrect or changed contact information or Wallet address.
Unless otherwise specified in the applicable Tournament rules, any Taxes, costs and expenses associated with the acceptance and/or use of a prize are not included as part of the prize, and are solely the winner’s responsibility.
GENERAL RIGHTS OF THE COMPANY
Rights of cancellation and termination
We reserve the right to cancel or terminate a Tournament at any time without prior notice and without the need to indicate the grounds.
If for any reason (including infection by computer virus, bugs, worms, tampering, unauthorised intervention, fraud, technical failures, or any other cause) the administration, security, fairness, integrity, or proper conduct of a Tournament is corrupted or affected, or a Tournament is otherwise not capable of being conducted in our reasonable opinion, we reserve the right, at our sole and absolute discretion, to cancel, terminate, modify or suspend the Tournament, and/or determine the outcome of any Tournament or select the winner(s) from the Players participating in the Tournament prior to the occurrence of the disruptive action, as deemed fair and appropriate by us. In circumstances where we are not able to determine the outcome or a winner, the Tournament will automatically be deemed as cancelled. Our decision on all such matters shall be final and binding.
We hold all rights to apply, construct, and interpret the Terms and all rules relating to a Tournament, and our decision in respect of such application, construction, and interpretation shall be final and binding.
Collection and use of data
You acknowledge that in registering for any Tournament you have provided us with certain personal information about yourself. You agree that it may be necessary in certain circumstances, from time to time, for us to disclose certain personal information to third parties and you consent to all such disclosures. We will handle all personal information we collect, use or disclose in accordance with our Privacy Policy.
When you participate in any Tournament, you agree that we may collect and store data from your device or computer including information such as your IP address, device ID and information about your participation in the Tournament or other use of our Services. This may include details of your gameplay, use of the chat facilities, interactions with our system and statistical data about your performance in Tournaments. We may collect, use, store, transmit and publicly display any of this statistical data which relates to your gameplay, which may include your scores, rankings on leaderboards and achievements.
Promotional Activities
By registering as a Player, you agree that we may display your Player Identifier, gameplay data and statistics, tournament records and any other information regarding your gaming activity (“Player Information”) on the relevant Platform. You further agree that we may print, publish, broadcast and otherwise use worldwide, in any media and at any time, such Player Information for promotional, marketing or related purposes without additional compensation.
DISCLAIMERS
Without prejudice to the generality of clause 21 of the Terms, we will not be responsible or liable for any loss arising from or in connection with any person’s participation in any Tournament, including but not limited to any losses, damages or claims arising from:
telephone, electronic, hardware, software, network, Internet, or other technical, computer- or communications-related malfunctions or failures, or any other issues relating to gameplay experience;
any error that may occur in winner notification or other Tournament-related communications, the processing, review, or tabulation of the results in any Tournament, or the delivery or distribution of prizes; and
any printing or typographical errors in any materials associated with any Tournament.
LIMITATION OF LIABILITY
To the maximum extent permitted by law, neither the Company, its Affiliates, nor its service providers involved in creating, producing, or delivering the Tournament will be liable for any incidental, special, punitive, exemplary or consequential damages (including without limitation any damages for lost profits, lost revenues, lost savings, lost business opportunity, loss of data or goodwill, service interruption, or computer damage or system failure) arising out of or in connection with any Tournament, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not the Company or its service providers has been informed of, or could foresee, the possibility of such damage.
INDEMNITY
To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless the Company, and our respective past, present and future Affiliates, employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, agents, representatives, predecessors, successors and assigns, from and against all actual or alleged thirdparty claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys’ fees and expenses) and costs (including, without limitation, court costs, costs of settlement and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to any Tournament.
You agree to promptly notify us of any Claims and cooperate with us in defending such Claims. You further agree that we shall have control of the defence or settlement of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in any written agreement between you and the Company.
GOVERNING LAW
This Addendum and any action related thereto will be governed by the laws of Singapore, without regard to conflict of laws of Singapore or any other jurisdiction.
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