These Terms and Conditions (herein referred to as "Terms") govern the use and the conditions of https://gamefi.org (herein referred to as "Website"), and the Services provided by GameFi.org (herein referred to as "We" or "Us"), a company incorporated and registered under the laws of Vietnam. These Terms constitute a binding and enforceable legal contract between the Company and its affiliate and subsidiaries worldwide and you, an end-user of the Services (herein referred to as "You" or "User") in relation to the Services. You and the Company are referred to separately as "Party" and collectively as "Parties".
By accessing, registering, using, or clicking on the Services, and information made available by the Company via the Website, you hereby accept and agree to all the Terms set forth herein.
We reserve the right to modify or amend these Terms, the Website, or any content on either one of the platforms from time to time, including for security, legal, or regulatory reasons, as well as to reflect updates or changes to the services or functionality of the Website. You are advised to check these Terms periodically to ensure that you are cognizant of the current versions and comply with them. Users of the Website and the Services are bound by these changes which will take immediate effect after the revised versions of these Terms have been published on the Website or the relevant mobile application. Through your continued use of or interaction with the Website, the Services, tools, and information made available on these platforms, you hereby agree to be bound by the provisions highlighted in the subsequent versions.
We will provide a notification on the Website specifying that changes have been made to these Terms whenever they occur. By accepting the notification, you accept that we have provided you with sufficient notice of any changes. You should seek professional advice regarding any possible legal requirements you must comply with in relation to the use of the Website, the Service, or the relevant tools provided by the Company or the Partners.
"Affiliate" refers to in relation in any party, any other company which, directly or indirectly, (i) is controlled by that party, (ii) controls that party, or (iii) is under common control with that party, and in respect of the Company, shall also include any fund, limited partnership or other collective investment vehicle or another person which is managed or advised by the Company's team;
"AML" refers to anti-money laundering, including, but not limited to, all Laws applicable to the Parties prohibiting money laundering or any acts or attempted acts to conceal or disguise the identity or origin of; change the form of; or move, transfer, or transport, illicit proceeds, property, funds, Fiat Currencies, or Cryptocurrency Tokens;
"Applicable Laws" refers to acts, statutes, regulations, ordinances, treaties, guidelines, and policies issued by governmental organizations or regulatory bodies, including, but not limited to, the governing law stipulated under Laws of the British Virgin Islands;
"BNB" refers to Binance Cryptocurrency which is required to pay transaction fees on the Binance Smart Chain network;
"CFT" refers to Combating the Financing of Terrorism;
"Confidential Information" refers to any non-public, proprietary information or documents of or related to the User or the Company (whether in writing, orally or by any other means) by or on behalf of the User to the Company and which if disclosed in tangible or intangible form is marked confidential (including in visual, oral, or electronic form) relating to Us or any other User that was previously a User, which is provided or disclosed through the Company (or to any employees or agents) in connection with the use or participate in the services;
"Content" refers to all content generated by the Company, including logos, identifying marks, images, illustrations, designs, icons, photographs, videos, text, any written or multimedia materials, services, advertisements, software, code, data, files, archives, folders, or available downloads on GameFi.org;
"Cookie" refers to the small text files that are placed on your computer by the Website that you visit. They are widely used in order to make Websites work, or work more efficiently, as well as to provide information to the owner of the site;
"FCFS Round" refers to First Come First Serve Round or Round 2 of the GameFi.org fundraising project token allocation for the unsold IGO project tokens left from the Allocation Round;
"GAFI" refers to GameFi.org’s native token. Users need to stake $GAFI to achieve rank for IGO participation on GameFi.org;
"GameFi.org" refers to the Company's Website and where the Company's Project is officially launched and makes available its native Tokens ("Pool") to be distributed to the Company's user in the IGO pools in order to be swapped for other crypto assets;
"IGO" refers to Initial Gaming Offerings, a method for blockchain gaming projects to raise capital.
“Staking pool” refers to the first pool of IGO events on the GameFi launchpad. Only users with rank on GameFi.org can purchase tokens with guaranteed allocation or FCFS;
“INO” (Initial NFT Offerings) involves offering a set of first-generation NFTs, or genesis NFTs, for a certain period of time. Therefore, the Initial NFT Offering empowers participating investors to benefit from the inherent supply scarcity of the NFTs;
"Phase 1" refers to the 1st phase of GameFi.org’s IGO pool. Users who win the whitelist can join this round and purchase tokens with guaranteed allocation;
“Phase 2” refers to the 2nd phase of GameFi.org’s IGO pool. All whitelisters can purchase tokens in form of FCFS if there are any tokens left from Phase 1;
"Project" refers to the Company’s project being launched for Initial Gaming Offering (IGO) event on the GameFi.org launchpad;
"Restricted countries" specifically refer to the United States of America, China, Hong Kong, and all sanctioned OFAC countries (DR Congo, Iran, Myanmar, Sudan, Iraq, Ivory Coast, North Korea, Syria, Zimbabwe, Cuba, Belarus, Liberia);
"Services" refer to the services provided to the Users through the Website, which include the accessibility to the new IGO token offered from each IGO project, staking service, aggregator, marketplace, INO, and other relevant services available on GameFi.org and all free trials and beta services made available by the Company, which may be subject to periodic revision;
"Staking/Stake" refers to the staking or deposit service to achieve one of GameFi.org ranks (Rookie, Elite, Pro, Pro Max, Legend) to be eligible to join the IGOs;
“Terms” means these Terms and Services;
“User” means all people who use the features and services of GameFi.org;
“Website” refers to the online platform accessible through https://gamefi.org/ fully owned and operated by GameFi.org;
These Terms constitute a valid and binding agreement between You and the Company. The binding obligations stipulated in these Terms are enforceable.
The Company reserves the right to revise, amend, or update any clauses and provisions stipulated in these Terms in its sole discretion at any time. The Company will notify the revision or amendment of such clauses or provisions by updating these Terms and specify the “Last update date” displayed on a page of Terms and Conditions. Any revisions and updates on these Terms will be automatically effective upon their publication on GameFi.org, which includes the Website. Therefore, your continuity of accessing GameFi.org, and/or using our Services will be deemed that you agree to have read, understood, and accepted all revised terms and provisions. If you do not agree to any revised or updated terms and provisions, you should immediately stop accessing the Website or using our Services. You are encouraged to frequently and carefully review these Terms to ensure that you understand these Terms.
You hereby expressly authorize the Company to disclose any and all information relating to you in the Company's possession to any law enforcement or government officials upon the request by the court order.
You may, through hypertext or other computer links, gain access from the Website to websites operated or made available, or otherwise licensed by persons other than us ("Third Party Services"). Such hyperlinks are provided for your convenience.
A link from third-party Services does not mean that the Company endorses or approves the content on such a website or does not mean that the Company is an operator of that website. You understand that you are solely responsible for determining the extent to which you may use or rely upon any content at any other third-party Services websites which you have accessed from the Website. the Company has no control over the content of these sites or resources and accepts no reasonability for them or for any loss or damage that may arise from your use of them.
The Company assumes no responsibility for the use of, or inability to use, any third-party Services' software, other materials, or contents posted and/or uploaded on such website and we will have no liability whatsoever to any person or entity for any inaccuracy or incompleteness of such third-party content. All intellectual property rights in and to third-party Services are property of the respective third parties.
The Website merely facilitates the Users accessibility to the Project tokens and does not provide you with any warranty or representation whatsoever regarding its quality, value, specification, fitness for the purpose, completeness, or accuracy of its technology or infrastructure of the tokens.
The Company will make all commercially reasonable attempts to facilitate information about the Project on GameFi.org. However, you hereby acknowledge that the Company does not guarantee the accuracy, timeliness, or completeness of such information, and does not provide any warranty in connection with your use or reliance on such information. You agree that your use of the Project information will be at all your own risk. The Company will not be liable to you in any manner for the termination, interruption, delay, or inaccuracy of any Project information launched on GameFi.org.
To the extent permitted by applicable laws, the Website and the Company’s Services are provided on an ‘AS IS’ and ‘AS AVAILABLE’ basis. the Company does not warrant that the features and functions contained in the Website and the Services will satisfy your preferences You hereby agree and acknowledge that your access and use of the Website and the Services are at your own risk, and you will be liable for any responsibility, consequences that may arise out of or in connection with the usage or accessibility of the Website and the Services. You expressly agree that the Company will have absolutely no liability in this regard.
You hereby agree and acknowledge that the Website may contain links to a third-party website or services that are not owned or even controlled by the Company, thus the Company will hold no responsibility for the content or services, goods, or activities provided by a such third-party website. You further agree that the Company has no liability directly or indirectly for any damage, loss, or consequence arising out of or in connection with the usage or reliance of any content, material, or services available through the third-party website.
The Company reserves the right to limit the availability of the Website to any person, geographic area, or jurisdiction we so desire and/or terminate your access to and use of the Website and the Services, at any time and at our sole discretion.
The Company may, at our sole discretion, impose limits or restrictions on the use you make of the Website. Further, for commercial, security, technical, maintenance, legal, or regulatory reasons, or due to any breach of these Terms, we may withdraw the Website or your access to the Website and the Services at any time and without notice to You.
You acknowledge that you are solely responsible for any submissions of all contents, remarks, suggestions, ideas, materials, feedback, or other information, including bug reports in relation to the Services provided through the Website including any submission to our social media platforms such as Twitter and Telegram, and you, not us, have full responsibility for such submissions, including their accuracy, legality, reliability, appropriateness, originality, and copyright. We shall reply to the information you have provided and will not verify it. Notwithstanding the foregoing, we have the right to refuse to post, remove, edit, or abridge any submission for any reason and to freely use, copy, disclose, publish, display, or exploit such submission as we deem necessary without any payment of royalty, acknowledgment prior to the consent, we may retain copies of all information materials relevant to the Service.
All present and future copyright, title, interests in and to the Services, registered and unregistered trademarks, design rights, unregistered designs, database rights, and all other present and future intellectual property rights and rights in the nature of intellectual property rights that exist in or in relation to the use and access of the Website and Services are owned by or otherwise licensed to the Company. Subject to your compliance with these Terms, the Company grants you a non-exclusive, non-sub license, and any limited license to merely use or access the Website and the Services in the permitted hereunder.
Except as expressly stated in these Terms, nothing in these Terms should be construed as conferring any right in or license to GameFi.org’s or any other third party’s intellectual rights.
If and to the extent that any such intellectual property rights are vested in you by operation of law or otherwise, you agree to do any and all such acts and execute any and all such documents as we may reasonably request in order to assign such intellectual property rights back to us.
You agree and acknowledge that all Website content must not be copied or reproduced, modified, redistributed, used, created for derivative works, or otherwise dealt with for any other reason without being granted written consent from the Company.
Third parties participating on the Website may permit the Company to utilize trademarks, copyrighted material, and other Intellectual Property associated with their businesses. The Company will not warrant or represent that the content of the Website does not infringe the rights of any third party.
KYC: Company has no role in enforcing KYC by default, however, it is a mandatory requirement for Identification Verification KYC tools for the IGO fundraising companies using Company to enforce on their users, which IGO companies have to comply with the mandatory. The Company is implementing KYC tools into the Launchpad through https://blockpass.org/. In order to avail yourself access to the Services on the Website, you may be required to go through the KYC process as requested by each IGO project. The Company reserves the right, at any time, to ask for any KYC documentation it deems necessary to determine the identity and location of a User. The Company reserves the right to restrict service and payment until identity is sufficiently determined. The Company further reserves the right to share submitted KYC information and documentation to third parties to verify the authenticity of submitted information, and you agree to this by using the KYC Service. The Company reserves the right to confiscate any and all funds that are found to be in violation of relevant and applicable anti-money laundering (AML) and countering terrorism financing (CFT) laws and regulations and to cooperate with the competent authorities when and if necessary. You fully acknowledge that your information and KYC/AML/CFT documentation may be disclosed to government agencies or regulators upon a valid request of the court order. Once you have decided to participate in IGO and start stake your GAFI, you must ensure that all information provided to the Company is complete, accurate, and updated in a timely manner. The Company will rely on the information you provided and should there be any reasonable grounds for the Company to believe that the partial or the whole of your information provided to us is incomplete, or incorrect, or outdated, the Company reserves the right to send you a notice to demand correction, or to delete such information directly, and, as the case may be, to disable you to access to all or part of the Website and the Services. If the Company has a reasonable ground to believe that any User transacts or uses the Services by using cryptocurrencies derived from any suspected illegal activities, the Company shall be entitled to freeze, close, or delete the User’s accounts as necessary. The Company will hold no liability to such users for any damage, or loss arising out of or in connection with this manner herein.
STAKING: Users have to stake GAFI on the https://gamefi.org/staking to achieve one of GameFi.org’s ranks (Rookie, Elite, Pro, Pro Max, Legend) to be eligible to join the IGOs. Only locked GAFI will be counted towards your rank for IGO fundraising projects participation. In other words, the unstaking of your GAFI will not count towards your rank for IGO projects. When unstaking, there will be different withdrawal delay periods depending on users’ rank. The Company will levy a transaction fee in the form of BNB amount, which will vary and be subject to the amendment only at the sole discretion of the Company periodically. The Company will not be liable for any loss caused or alleged caused by timing differences and economic loss associated with the actual delivery of GAFI. The Company reserves the right to amend any terms related to any specific Staking program at any time in its sole discretion. The Company will not be liable for any losses due to your misunderstanding of the Staking program terms and changes to such term's rules. The company reserves the right to reject your participation in Staking if you fail to fulfill the identity verification requirements through the KYC/AML/CFT process or commit any other suspicious activity while participating in the Services provided by the Company.
GAMEFI EARN: GameFi Earn is a one-stop service allowing users to earn interest on crypto savings. It offers different types of savings including Flexible and Fixed pools with competitive interest rates. Also, this feature opens up opportunities for GameFi partners to have staking pools for APY (Annual Percentage Yield). GameFi Earn saves time and effort for partners since they no longer need to develop their own version of token staking.
GAME HUB: Game Hub is a game listing where GameFi collects and presents general information about blockchain games and their IGOs. All information, videos, and graphic contents are provided and authorized for use by respective owners. However, GameFi cannot guarantee the accuracy, completeness, and reliability of the information. Hence, users are advised to conduct their own due diligence before taking any action based upon such information.
MARKETPLACE: GameFi Marketplace is where GameFi.org provides users with exclusive and verified NFT collections from game and metaverse projects in its ecosystem. Users can sell, buy, make offers for NFTs from different collections, and manage all their digital assets via the GameFi Pass system of GameFi.org.
NFT SALES PARTICIPATION:
Every INO’s details are published on GameFi’s official blog. You are recommended to do your own research about each NFT sale project to fully understand the key information of the sale before making a decision. GameFi will make all commercially reasonable attempts to facilitate information about the project on our website. However, GameFi will not be liable to you in any manner for the termination, interruption, delay, or inaccuracy of any project information launched on the website. You hereby acknowledge that GameFi does not guarantee the accuracy, timeliness, or completeness of such information, and does not provide any warranty in connection with your use or reliance on such information. You agree that your use of the project information will be at all your own risk.
Any purchase you make, accept, or facilitate outside of https://gamefi.org/ino of NFTs will be entirely at your risk. You acknowledge that you have obtained sufficient information to make an informed decision to purchase an NFT, including carefully reviewing the code of the smart contract and the NFT, and fully undersb tanding and accepting the functions of the same. GameFi does not control or endorse purchases of NFTs outside of https://gamefi.org/ino. GameFi expressly disclaims any liability to you and denies any obligation to indemnify you or hold you harmless for any losses you may incur by transacting, or facilitating transactions, in NFTs outside of https://gamefi.org/ino.
Users connect their wallets to the website to gain access to the INO pools to participate in purchasing NFTs in the given period of time. To join the INO private pool, users have to stake GAFI on https://gamefi.org/staking to achieve one of GameFi.org’s ranks (Rookie, Elite, Pro, Pro Max, Legend). To join the INO community pool, users have to finish the Gleam tasks in time. To apply whitelist, users have to KYC and get the wallet address verified before applying. After whitelisters get guaranteed purchase at the end of INO Phase 1, if there are remaining NFTs, non-whitelisters will be able to join Phase 2 to purchase NFTs in the form of FCFS.
IGO PARTICIPATION: Each IGO’s details are published on the official Medium account of GameFi.org. You shall go through and study the medium article of each IGO fundraising project, and fully understand the significant information and conditions prior to participating in such IGO events, such as whitelist registration, vesting schedule, IGO price, network, and currency, the features, and functions of IGO project tokens. The Company will make all commercially reasonable attempts to facilitate information about the project on the Website. However, the Company will not be liable to you in any manner for the termination, interruption, delay, or inaccuracy of any Project information launched on the Website. You hereby acknowledge that the Company does not guarantee the accuracy, timeliness, or completeness of such information, and does not provide any warranty in connection with your use or reliance on such information. You agree that your use of the Project information will be at all your own risk. Once you initiate staking your GAFI, you will be able to participate in the IGO event on the GameFi.org launchpad and receive an allocation based on your eligible rank. The User is required to connect their BEP-20 wallet to the Website to gain access to the IGO pool to participate in IGO fundraising in the given period of time. The company is not responsible for any loss or damage that may arise from such integration, including any loss arising from any purchase of tokens from the pool. At the end of the IGO pool’s Phase 1, if there are remaining tokens, you will be able to join Phase 2 to purchase the unsold IGO tokens in form of FCFS.
You understand and agree that the use of the Services and the Website is completely at your own risk. This clause is not exhaustive and does not disclose all the risks associated with cryptocurrencies and the use of Services. Therefore, you are recommended to carefully consider whether such use is suitable for you in terms of your judgment, financial position, and circumstances.
The risk of loss in holding any cryptocurrencies can be substantial. You should therefore carefully consider whether holding any crypto tokens is suitable for you in light of your financial condition. In considering whether to hold any crypto tokens, you should be aware that the price or value of cryptocurrencies can change rapidly, decrease, and potentially even fall to zero. Tokens or any cryptocurrencies are not issued by any central banks or national, supra-national, or quasi-national organizations. They are also not backed by any hard assets or other credit. The value of tokens or any cryptocurrencies is affected by several factors, including but not limited to, the total number of tokens or any cryptocurrencies in existence, the continued willingness of market participants to exchange government-issued currency for tokens or cryptocurrencies, purchasers' expectations with respect to the rate of inflation of fiat currencies, purchasers' expectations with respect to the rate of deflation of cryptocurrencies, interest rates, currency exchange rates, cyber theft of cryptocurrencies from online crypto wallet providers, or news of such theft from such providers or individuals' crypto wallets, investment and trading activities of large investors, monetary policies of the governments, trade restrictions, currency devaluations and revaluations, regulatory measures, the global or regional political, economic or financial events, and situations. Thus, all these factors will affect the value of tokens or cryptocurrencies, which may result in the permanent partial or total loss of the value of the Company, a particular token or cryptocurrency. No one will be obliged to guarantee the liquidity or the market price of any of GAFI or cryptocurrencies maintained in your Wallets. The volatility and unpredictability of the value of tokens or cryptocurrencies relative to the government-issued currency may result in a significant loss over a short period of time. When using a Website and Services you acknowledge that GameFi.org is not responsible for any losses resulting from market changes or account misappropriation.
You understand and agree that any crypto assets, blockchain technology, or distributed ledger technology-related Projects are new relatively untested, and outside of both our and our Projects’ exclusive control. Any adverse changes in market forces, the technology, and the regulatory environment impacting our performance under this Agreement shall absolve us from responsibility in this regard, including but not limited to hacking attacks, possible theft, unfavorable regulatory action, or unclear legal/tax status of crypto tokens.
You agree and acknowledge that we do not represent or warrant that any of GameFi.org’s Services or Websites are secure from a hacker or other malicious attack, which may result in the stealing or the loss of the User's confidential information or any other data. The Company is unable to anticipate the occurrence of hacks, cyber-attacks, mining attacks, including but not limited to double-spend attacks, majority mining power attacks and selfish-mining attacks, distributed denial of service attacks or errors, vulnerabilities or defects on the Website, GAFI, Users' Wallets or any technology, including but not limited to smart contract technology. Also, the Company is unable to detect the hacks as mentioned earlier, mining attacks, cyber-attacks, distributed denials of service errors vulnerabilities, or defects in a timely manner and does not have sufficient resources to efficiently cope with multiple service incidents happening simultaneously or in rapid succession.
Technical and system failure affected the obligations stipulated in these Terms the Company may experience system failures, unplanned interruptions in Binance Smart Chain Network or services, hardware or software defects, security breaches, or other causes that could adversely affect the Company’s infrastructure network and Website. The Company's network or the services could be disrupted by numerous events, including natural disasters, equipment breakdown, network connectivity downtime, power losses, or even intentional disruptions of its services, such as disruptions caused by software viruses or attacks by unauthorized users, some of which are beyond the Company's control. Although the Company has taken steps and used its best endeavor against malicious attacks on its appliances or its infrastructure, which are critical for the maintenance of the Website and the Services, there can be no assurance that cyber-attacks, such as distributed denials of the Service, will not be attempted in the future, and that the Company's enhanced security measures will be effective. Any significant breach of the Company's security measures or other disruptions resulting in a compromise of the usability, stability, and security of the Company's network or the services, including the Website, may adversely affect GAFI.
The Company will have no liability for any delay, error, interruption, or failure to perform any obligation under these Terms where the delay or failure is directly or indirectly resulting from any causes beyond the Company's control, including, but not limited to:
- Acts of God, nature, court, or government;
- Failure or interruption of public or private telecommunication networks, the failure of Binance Smart Chain Network, communication channels or information systems;
- Acts or omission of a party for whom the Company is not responsible;
- Delay, failure, or interruption in, or unavailability of, third-party services; and
- Strikes, lockouts, labor disputes, wars, terrorist acts, and riots.
In the event of any misuse and/or abuse of the Website or breach of any provision in these Terms, the Company reserves the right to block your access to the Website and other Services until the matter is solved.
Use of the Website for transmission, publication, or storage of any material on or via the Website which is in violation of any applicable laws or regulations or any third-party's rights is strictly prohibited, including but not limited to the use of the Website or the transmission, distribution, publication or storage any material on or via the Website in a matter or for the purpose which infringes copyright, trademark, trade secret or other intellectual property rights, is obscene or harmful to minors or constitutes an illegal act or harassment, is libelous or defamatory, violates any privacy or data protection laws, is fraudulent or breaches any exchange control laws.
Any dispute, claim, controversy, or action arising out of or related to (i) these Terms of Service or the existence, breach, termination, enforcement, interpretation, or validity thereof, or (ii) your CryptoTokens the operations, and Services of the Website, or (iii) your access to or use of the Services at any time, shall be subject to the exclusive jurisdiction of the courts of Seychelles. For the avoidance of doubt, and without limiting the generality of the foregoing, this provision expressly applies to any claim, whether in tort, contract, or otherwise, against the Company.
You irrevocably and unconditionally agree and consent to the exclusive jurisdiction and venue of the courts of Seychelles, and you waive any objections thereto. Nothing in this clause shall limit the right of Company to take proceedings against you in any other court of competent jurisdiction, nor shall the taking of proceedings in any one or more jurisdictions preclude the taking of proceedings in any other jurisdictions, whether concurrently or not, to the extent permitted by the law of such other jurisdiction.
You and the Company agree that any Party hereto may bring claims against the others only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. No adjudicator may consolidate or join more than one Person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding. Any relief awarded to any one user cannot and may not affect any other users.
Jury trial waiver: to the fullest extent permitted by applicable law, the parties hereby irrevocably and unconditionally waive all right to trial by jury in any legal action or proceeding of any kind whatsoever arising out of or relating to these terms of service or any breach thereof, any use or attempted use of the site or the services by you, and/or any other matter involving the parties.
The failure of Company’s to exercise any of its rights, powers or remedies under this Terms or any delay by Company in doing so the performance of any provision will not affect that Company's right to require performance at any time thereafter. At the same time, the waiver of the Company to seek recovery for the User's violation of these Terms of any provisions of applicable terms will not constitute a waiver by the Company of any subsequent breach or violation by the User or of the provision itself. Any failure by the Company to exercise any of its rights, powers, or remedies under these Terms of Service, or any delay by the Company in doing so, does not constitute a waiver of any such right, power, or remedy. The single or partial exercise of any right, power, or remedy by the Company does not prevent either from exercising any other rights, powers, or remedies. The remedies of the Company are cumulative with and not exclusive of any other remedy conferred by the provisions of these Terms of Service, or by law or equity. You agree that the remedies to which the Company is entitled to include, but are not limited to, (i) injunctions to prevent breaches of these Terms of Service and to enforce specifically the terms and provisions hereof, and you waive the requirement of any posting of a bond in connection with such remedies, (ii) the right to recover the amount of any Losses by set off against any amounts that the Company would otherwise be obligated to pay to you, and (iii) the right to seize and recover against any of your cryptocurrency, or your interests therein, that are held by the Company or any of its Affiliates.
You and the Company agree that any claims relevant to these Terms, or your relationship with the Company will be brought against the other party in arbitration on an individual basis only and not as a plaintiff or class member in a purported class or representative action. You and the Company further agree to waive any right for such claims to be brought, heard, or arbitrated as a class, collective, representative, or private attorney general action, to the extent permissible by applicable laws. Combining or consolidating individual arbitrations into a single arbitration is not permitted without the consent of all parties involved.
The Company makes no representations, warranties, or guarantees to you of any kind, and to the extent permitted by applicable laws, the Company expressly disclaims all representations, warranties, or guarantees, express, implied, or statutory, with respect to the Website and the Services. The Website and the Services are offered strictly on an as-is, where-is basis and, without limiting the generality of the foregoing, are offered without any representation as to merchantability or fitness for any particular purpose. You acknowledge and agree that your use of the Website and the Services is at your own risk. We do not represent or warrant that access to the Website or the Services will be continuous, uninterrupted, timely, or secure; that the information contained in the Website and the Services will be accurate, reliable, complete, or current; or that the Website and the Services will be free from errors, defects, viruses, or other harmful elements. No advice, information, or statement that we make should be treated as creating any warranty concerning the Website and the Services. We do not endorse, guarantee, or assume responsibility for any advertisements, offers, or statements made by third parties concerning the Website and the Services.
Notwithstanding any provisions within these Terms, under no circumstances, including negligence in no event shall GameFi.org, its partners, its affiliate, its employees, agents officers are liable to the User for any incidental, special, exemplary, punitive, indirect, or consequential damages of any kind, under any legal theory arising out of or in connection with your use the Website, any websites linked to it, any other services or items obtained through the Website or such websites including but not limited to lost revenue, lost profits, loss of business or anticipated savings, loss of your credential information, loss or interruption of technology, loss of use service or equipment even if the User was advised of the possibility of such damages, and whether arising under a theory of contract, tort, strict liability or otherwise. GameFi.org shall also have no liability for any emergency and/or unforeseeable incidents related to your use of the Services on the Website such as stolen private keys, seed phrases, or hacked accounts.
Nothing in this Agreement shall exclude or limit Company’s liability for death or personal injury resulting from its negligence.
Except as expressly provided in these Terms, and to the maximum extent permitted by any Applicable Laws, we disclaim all other representations or warranties, express or implied, made to you, your affiliates, or any other person, including, without limitation, any warranties regarding the quality, suitability, merchantability, fitness for a particular purpose or otherwise (regardless of any course of dealing, custom or usage of trade) of any service provided incidental to the Services under these Terms.
Except as expressly provided in these Terms, and to the fullest extent permitted by any Applicable Laws, the Company, its Affiliate, and its related parties each disclaim all liability to you for any loss or damage arising out of or due to:
- your use of, inability to use, or availability or unavailability of the Services, including any third-party services made available through the Services;
- the occurrence or existence of any defect, interruption, deletion of files, delays in the operation or transmission of information to, from, or through the Services, communications failure, theft, destruction, or unauthorized access to Company’s records, programs, services, server, or other infrastructure relating to the Services;
- the Services being infected with any malicious code or viruses; or
- the failure of the Services to remain operational for any period of time.
You hereby agree to release the Company and its affiliates from liability for any and all Losses, and you shall indemnify and save and hold the Company and its affiliates harmless from and against all Losses. The foregoing limitations of liability shall apply whether the alleged liability or Losses are based on contract, negligence, tort, unjust enrichment, strict liability, violation of law or regulation, or any other basis, even if the Company or the Affiliates have been advised of or should have known of the possibility of such Losses and damages, and without regard to the success or effectiveness of any other remedies.
The Company is not responsible for damages caused by delay or failure to perform undertakings under these Terms of Service when the delay or failure is due to fires; strikes; floods; pandemics; power outages or failures; acts of God or the state’s enemies; acts of any Government or Government Official; any and all market movements, shifts, or volatility; computer, server, or Internet malfunctions; security breaches or cyberattacks; criminal acts; delays or defaults caused by common carriers; acts or omissions of other Persons; or, any other delays, defaults, failures or interruptions that cannot reasonably be foreseen or provided against. In the event of force majeure, the Company is excused from any and all performance obligations under these Terms of Service.
If any provision of these Terms of Service or part thereof, as amended from time to time, is determined to be invalid, void, or unenforceable, in whole or in part, by any court of competent jurisdiction, such invalidity, voidness, or unenforceability attaches only to such provision to the extent of its illegality, unenforceability, invalidity, or voidness, as may be, such unenforceability or invalidity will not render these Terms unenforceable or invalid as a whole, and such provisions will be deleted without affecting the remaining provisions herein.
These Terms will be immediately terminated by discontinuing your use of or participation in the Services and you agree to terminate the accessibility on the Website.
These Terms can be suspended or terminated without notice from the Company if there is a reasonable ground for the Company to believe that you have breached any of the terms or provisions stipulated in these Terms, or if you do not comply with these Terms.
The termination of these Terms will not prevent the Company from seeking remedies from you in the case where you have breached any terms or provisions of these terms before such termination. The Company will not be liable to you or to any third party for any termination, suspension, or modification of your access to the Services.
Any ongoing obligation to you as well as the provisions regarding (i) GameFi.org’ Intellectual Property, (ii) Indemnification, (iii) Limitation of liability, and (iv) any other provisions designed to survive, will survive any termination or expiration of these Terms for any reason.