General Terms
GAM3 FOUNDATION
Terms of Use
Welcome to the Gam3 Network!
THIS DOCUMENT CONTAINS IMPORTANT INFORMATION REGARDING RISKS, YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MAY IMPACT YOUR RIGHTS, INCLUDING AS TO HOW DISPUTES ARE RESOLVED. PLEASE READ IT CAREFULLY.
1. Introduction
1.1 These Terms of Use set out the conditions for your access to and use of the Services (defined below). The legal entity you are contracting with for the Services is the Gam3 Foundation, a foundation company incorporated in the BVIs ("Foundation"). Together with our personnel, affiliates, and related companies, the Foundation is referred to in these Terms of Use as "we", "us," or "our". You may also interact with our personnel, affiliates, and related companies.
1.2 By accessing any of our Gam3.Games websites and their subdomains (the "Website"), and/or utilizing any applications or tools thereon, including joining our community, participating in our games; operating Terra Nodes, staking Gam3 or Terra Node Keys, or otherwise interacting with the Gam3 Network (collectively, the "Services"), you agree to be bound by these terms and conditions between you and us, including any revisions made from time to time and published on our websites (these "Terms"). You further agree to the collection of personal and other data by the Foundation as set out in our Privacy Policy, a copy of which is located on our websites. Our Privacy Policy is hereby incorporated by reference in these Terms.
1.3 We reserve the right, at our sole discretion, to change or modify any portion of these Terms of Use at any time. If we do this, we will publicly post the updated Terms of Use on the Website and indicate at the top of this page the date that these Terms of Use were last revised. You can access a current, effective copy of these Terms of Use by visiting the “Terms of Use” link on the Website. Your continued use of the Website and/or the Services after any such changes become effective constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, you will not access, browse, or use (or continue to access, browse, or use) the Website or make use of the Services.
1.4 You acknowledge and agree that it is your responsibility to review these Terms periodically to be aware of any modifications. PLEASE READ THESE TERMS CAREFULLY and please do not visit, access, or use the Website and/or participate in any of the Services if you disagree with any of the terms and conditions therein.
1.5 If you operate a Terra Node, these Terms should be read alongside the Terra Node License Agreement with our affiliated company, Gam3 Company Limited. A copy of this agreement is available at https://gam3.ai/terra-node-software-agreement and agreeing to this agreement is a prerequisite to operating a Terra Node.
1.6 If you participate in staking on the Gam3 Network, these Terms should be read alongside the Staking Terms and Conditions, available here (https://gam3.ai/staking-terms), which are a prerequisite to staking Tokens on the Gam3 Network.
2. Using Our Services
2.1 By accessing, browsing, or otherwise using the Website, or participating in any other aspect of the Services, you represent and warrant to us that:
(a) You have read, understood, and agree to be bound by these Terms of Use.
(b) If you are an individual, you are at least 18 years old and have the capacity to enter into these Terms of Use and agree to be legally bound by them in their entirety.
(c) If you are using the Website or the Services on behalf of a corporation, legal entity, or other organization, you have full power and authority to do so, and the corporation, legal entity, or other organization is validly existing under the applicable laws and agrees to be bound by these Terms of Use.
(d) Your access and use of the Website and Services will fully comply with all applicable laws and regulations.
(e) You are the legal owner of any digital wallet address(es) that you use to access or participate in the Services and retain control of your digital assets at all times.
(f) You will not access or use the Website or Services thereon to conduct, promote, or otherwise facilitate any illegal activity.
(g) You understand that your use of the Website and participation in the Services is entirely at your own risk.
(h) You will provide accurate information regarding your nationality and country of residence whenever requested.
(i) You are not a U.S. Person and will not distribute any tokens or digital assets you may receive through your participation in the Services to U.S. persons (see Section 4 below).
(j) You are not currently subject to any sanctions administered by OFAC or OFSI, and you will not directly or indirectly use the Services to finance the activities of any person currently subject to any sanctions administered by OFAC or OFSI (see Section 5 below).
(k) You will not use a virtual private network (“VPN”) or similar tool to circumvent any geo-blocking and/or other restrictions that we may have implemented in connection with the Website or the Services.
2.2 If you are unwilling or unable to provide any of the aforementioned warranties, or do not agree to any part of these Terms of Use, you may not use the Website or participate in any of the Services. If the Gam3 Foundation determines that you have breached any of your representations or warranties under this section, we may block your access to the Services and to any interests in property as required by law.
3. Eligibility
3.1 The Gam3 Foundation reserves the right, at its sole discretion, to determine user eligibility for the Website and the Services. We may require you to provide additional information or documentation to verify or confirm your eligibility, including on a periodic or ongoing basis.
3.2 Exclusion of U.S. Persons
The Website and the Services are intended solely for users who are not U.S. Persons (as defined below). By using the Website and participating in any offered Services, you represent and warrant that you:
(a) Are not a U.S. Citizen, U.S. resident, or a person holding a U.S. green card (lawful permanent resident).
(b) Do not have your primary residence or domicile in the United States, including Puerto Rico, the U.S. Virgin Islands, and any other territories of the United States.
(c) Are not accessing the Website from the United States, nor are you acting on behalf of a U.S. Person or transmitting information to a U.S. Person or in the United States.
3.3 For the purposes of these Terms, a "U.S. Person" is defined by the criteria outlined above and in accordance with the United States code and regulations promulgated by the United States Securities and Exchange Commission. If you are a U.S. Person, or you are accessing the Website from the United States, you are not permitted to use the Website or participate in the Services.
3.4 Sanctions
By using the Website and participating in any Services, you represent and warrant that you are not:
(a) Located in, incorporated or otherwise established in, or resident of, any country or territory subject to sanctions or embargoes imposed by the Office of Foreign Assets Control ("OFAC") of the U.S. Treasury Department or the Office of Financial Sanctions ("OFSI") of HM Treasury of the United Kingdom.
(b) An individual or entity, or acting on behalf of an individual or entity, that is listed on any sanctions list or embargoes, including but not limited to the Specially Designated Nationals and Blocked Persons List (SDN) maintained by OFAC and the consolidated list of financial sanctions targeted maintained by OFSI.
(c) Otherwise blocked or denied access under any OFAC or OFSI sanctions program.
3.5 The Gam3 Foundation strictly complies with all sanctions laws and regulations promulgated by OFAC and OFSI. Access to the Website and participation in the Services is expressly prohibited for any person or entity subject to such sanctions.
3.6 Risk Assessment Framework
The Gam3 Foundation may deny, at its sole discretion, access to the Website or Services to any person or wallet address based on data from a Screening Service Provider that indicates potential high-risk factors.
3.7 If you provide a wallet address in connection with the Services:
(a) You agree and acknowledge that your address may be screened for transactions exceeding a certain threshold between your address and another address associated with the following risk categories: Sanctioned Entity, Terrorist Financing, Sanctioned Jurisdiction, Child Abuse Material, Special Measures, Darknet Markets, Fraud Shop, Illicit Actor-Org, Malware, Mixing, Ransomware, Scam, Stolen Funds, and No KYC Exchange.
(b) You agree and acknowledge that your wallet address may be screened for geolocation purposes, including to detect whether you may be in: (a) a comprehensively sanctioned jurisdiction; (b) a jurisdiction subject to heightened sanctions risks enforced by certain countries, governments, or international authorities; or (c) a jurisdiction otherwise considered high risk.
4. Prohibited Activities
4.1 The following activities are specifically prohibited when using this website or any of the Services:
(a) Any use of the Website that could damage, disable, overburden, impair, or otherwise interfere with any of the Gam3 Foundation's servers, the networks connected to any Gam3 Foundation server, or interfere with any other party's access and use of the Website (including, but not limited to, deploying viruses and denial-of-service attacks).
(b) Any use in violation of any applicable law, such as, but not limited to, regulations for financial services, money laundering, economic sanctions, consumer protection, competition law, protection against discrimination, or misleading advertising, and, in particular, any violation of copyrights, patents, trademarks, trade secrets, and other intellectual property rights.
(c) Any use that involves monitoring or replicating the Services or the Website without our prior written permission, including building a similar or competitive site, services protocol, or software.
(d) Any use that seeks to defraud the Gam3 Foundation or any other person or entity, including, but not limited to, providing any false, inaccurate, or misleading information to unlawfully obtain the property of another.
(e) Any use that involves encouraging or enabling any other individual or entity to do any of the foregoing or otherwise violate these Terms.
4.2 The Gam3 Foundation reserves the right to investigate and take appropriate legal action against anyone who, in its sole discretion, violates this provision, including reporting the violator to law enforcement authorities.
5. Acknowledgments
5.1 Your use of the Website and the Services is subject to the laws, regulations, rules, guidelines, and notices of any applicable governmental or regulatory authority (the "Applicable Laws and Regulations"), including the laws of the BVIs and the relevant jurisdiction in which you are based. You unequivocally acknowledge and agree that by using the Website and Services in any capacity, you will act in compliance with the Applicable Laws and Regulations.
5.2 You further acknowledge and agree that:
(a) Your participation in the Services does not require or involve any form of purchase, payment, or tangible consideration from or to us.
(b) You are solely responsible for managing the private keys for and the security of any digital wallets you use in connection with the Services.
(c) The Gam3 Foundation does not have custody or control over the contents of your digital wallets and has no ability to retrieve or transfer those contents.
(d) You are responsible and liable for all taxes due in connection with your participation in the Services, and you should consult a tax advisor as necessary.
6. No Advice and No Fiduciary Duties
6.1 All information provided on the Website or through the Services is for informational purposes only and should not be considered professional advice. You should not make or refrain from making any decisions based solely on the information on the Website or in the Services. Before making any financial, legal, tax, or other decisions related to the Services, you should seek independent professional advice from a qualified individual in the relevant field.
6.2 These Terms of Use are not intended to create or impose any fiduciary duties on the Gam3 Foundation. To the fullest extent permitted by law, you acknowledge and agree that we have no fiduciary duties or liabilities to you or any other party. If any such duties or liabilities exist at law or in equity, they are hereby disclaimed, waived, and eliminated. You further agree that our only duties and obligations to you are those expressly set forth in these Terms of Use.
7. Disclaimers
7.1 The Website and the Services are offered "as is" and "as available," and the Gam3 Foundation makes no representations or warranties of any kind, express or implied, regarding the Website, the Services, or their use. The Gam3 Foundation does not warrant that the use of the Website or the Services will be uninterrupted or error-free and expressly disclaims any representations and warranties regarding merchantability, fitness for a particular purpose, and non-infringement of third-party rights. The Gam3 Foundation also makes no representations or warranties that the Website or any third-party services made available through the Website will be free from malfunctions, errors, or harmful components. All use of the Website is therefore at your sole risk as a user.
7.2 You agree that the Gam3 Foundation cannot be held responsible for any system failures or outages that prevent us from fulfilling our obligations under these Terms, provided that we used commercially reasonable efforts to prevent or limit such failures or outages. You also agree that we cannot be held responsible for any other circumstances beyond our reasonable control.
8. Limitation of Liability
8.1 You acknowledge and agree that, to the fullest extent permitted by applicable law, in no event shall the Gam3 Foundation, any of its affiliates, nor any of the officers, directors, and employees of the Gam3 Foundation or its affiliates, be liable for any claim, damages, or any other form of liability, whether in contract or tort, arising from or in connection with your use or inability to use the Website, any website linked to this Website, or any content provided on the Website or those other websites.
8.2 We further disclaim all liability arising from any reliance you placed on the materials provided on the Website or through our Services, including the content provided by third parties. Any links to other websites are provided for your convenience and do not constitute an endorsement by the Gam3 Foundation of such other websites. We have no control over or responsibility for the content provided on such other linked websites.
8.3 We do not make any representations or warranties that access to or participation in any part of the Services, or any of the materials contained therein, will be continuous, uninterrupted, timely, or error-free. Any rewards you may receive (including any tokens) as part of the Services may have no value.
8.4 To the maximum extent permitted by law, in no event will the cumulative liability of the Gam3 Foundation, any of its affiliates, or any of the officers, directors, and employees of the Gam3 Foundation or its affiliates for any claims arising out of or related to these Terms, the Services, or the Website exceed one hundred US dollars (US$100). The limitation of liability reflects the allocation of risk between the parties.
8.5 Some jurisdictions do not allow certain warranty disclaimers or limitations on liability. Only disclaimers or limitations that are lawful in the applicable jurisdiction will apply to you, and our liability will be limited to the maximum extent permitted by law.
9. Indemnification and Release
9.1 You agree to defend, indemnify, and hold harmless the Gam3 Foundation, its affiliates, and its and their respective officers, employees, directors, service providers, licensors, and agents (collectively, the "Gam3 Parties") from any and all losses, damages, expenses, including reasonable attorneys' fees, rights, claims, actions of any kind, and injury (including death) arising out of or relating to your use of the Services, your connection to the Service, your violation of these Terms of Use, or your violation of any rights of another. The Gam3 Foundation will provide notice to you of any such claim, suit, or proceeding. The Gam3 Foundation reserves the right to assume the exclusive defense and control of any matter subject to indemnification under this section, and you agree to cooperate with any reasonable requests assisting the Gam3 Parties' defense of such matter. You may not settle or compromise any claim against the Gam3 Parties without the Gam3 Foundation's prior written consent.
9.2 You expressly agree that you assume all risks in connection with your access and use of the Services. You further expressly waive and release the Gam3 Foundation from any and all liability, claims, causes of action, or damages arising out of or in any way relating to your use of the Services, including your interaction with the Gam3 Network.
10. Proprietary Rights and Limitations of Use
10.1 The Website and the Services are proprietary in nature and are owned by the Gam3 Foundation and its affiliates. The Website, the Services, and all materials thereon are protected by copyright and other intellectual property laws. You agree and understand that you will not modify, copy, reproduce, retransmit, distribute, sell, publish, broadcast, create derivative works from, or store the Website's source code or similar proprietary or confidential data or other similar information provided through the Website or the Services, without our express prior written consent. You may not use the Website or the Services for any unlawful purpose.
10.2 We hereby grant you a non-assignable and non-exclusive personal, worldwide, royalty-free license to use the Website and the Services in accordance with these Terms. All other uses are prohibited. All rights in and to the Platform, and not granted herein, are reserved.
Trademarks
10.3 Gam3, Gam3 logo, and all intellectual property in connection with the Website and the Services (whether registered or unregistered) (the "Gam3 Marks") are proprietary marks owned by or licensed to the Gam3 Foundation or its Affiliates or Partners and protected by applicable trademark laws. Nothing contained in these Terms should be construed as granting any license or right to use any of the Gam3 Marks displayed here without our express written consent. Any unauthorized use of the Gam3 Marks is strictly prohibited. You may not use any of the Gam3 Marks in connection with the creation, issuance, sale, offer for sale, trading, distribution, solicitation, marketing, or promotion of any products without a separate written agreement with us. We may use technology that is the subject of one or more pending patent applications.
11. Third Parties
Third-Party Websites
11.1 The Website may link to other websites or services operated by or containing content provided by third parties ("Third-Party Services"). These Third-Party Services may also link to our Website. You acknowledge and understand that the Gam3 Foundation has no control over any Third-Party Services and will not be liable for anything arising out of or related to such websites, services, or their content. Links to third-party websites on our Website do not constitute an endorsement of those websites, their content, or their operators. The Gam3 Foundation provides these links only as a convenience.
11.2 Any interactions you have with third parties while using the Services are solely between you and the third party. The Gam3 Foundation will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any Third-Party Services.
11.3 Your access and use of Third-Party Services may also be subject to additional terms and conditions, privacy policies, or other agreements with such third parties.
11.4 Our references to any names, brands, products, or services of third parties, or hyperlinks to third-party sites or information, do not constitute or imply our endorsement, sponsorship, or recommendation of the third party, the quality of any product or service, advice, information, or other materials displayed, purchased, or obtained by you in connection with such reference.
User Content and Feedback
11.5 You represent and warrant that you own all right, title, and interest in and to any content you make available through the Website or the Services, including all copyrights and rights of publicity contained therein ("User Content"). You assume all risks associated with your User Content and its transmission, and you have sole responsibility for the accuracy, quality, legality, and appropriateness of your User Content.
11.6 You acknowledge that the Gam3 Foundation does not pre-screen User Content. However, the Gam3 Foundation and its designees have the right (but not the obligation) in their sole discretion to refuse or remove any User Content available through the Services. Without limiting the foregoing, the Gam3 Foundation and its designees have the right to remove from the Website, without notice, any content that violates these Terms of Use or is deemed by the Gam3 Foundation, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate and bear all risks associated with the use of any User Content, including any reliance on the accuracy, completeness, or usefulness of such content.
11.7 If you provide us with any feedback or suggestions via any medium whatsoever ("Feedback"), you hereby assign to the Gam3 Foundation all rights in such Feedback and agree that the Gam3 Foundation shall have the right to use such Feedback and related information in any manner it deems appropriate. The Gam3 Foundation will treat any Feedback you provide as non-confidential and non-proprietary. You agree that you will not submit to us any Feedback or other information or ideas that you consider to be confidential or proprietary for which you do not have all required permissions and consents to submit.
12. Survival
12.1 All provisions of these Terms that by their nature extend beyond termination, including, without limitation, sections pertaining to suspension or termination, outstanding debts, general use of the Platform, disputes with us, and general provisions, will continue to apply even if these Terms are terminated.
13. Severability
13.1 You agree and understand that if any provision of these Terms, or its application, is found to be invalid or unenforceable under any rule, law, or regulation, or by any governmental judicial, legislative, or administrative body, that provision will be modified and interpreted to achieve the objectives of the provision to the fullest extent permitted by applicable law. You further agree and understand that the validity or enforceability of any other provision of these Terms unaffected by such invalidity or unenforceability (or of that provision, to the extent its application is not invalid or unenforceable) will remain in full force and effect.
14. Governing Law
14.1 These Terms, your use of the Website and Services, your rights and obligations, and all actions contemplated by, arising out of, or related to these Terms will be governed by the laws of the BVIs, as if these Terms were a contract wholly entered into and wholly performed within the BVIs.
14.2 YOU AGREE THAT ALL TRANSACTIONS UNDER THESE TERMS WILL BE DEEMED TO HAVE OCCURRED IN THE BVIS AND BE SUBJECT TO THE LAWS OF THE BVIS WITHOUT REGARD TO ITS CONFLICTS OF LAWS PROVISIONS.
14.3 A printed version of these Terms will be admissible in judicial or administrative proceedings.
15. Dispute Resolution by Binding Arbitration
15.1 This Dispute Resolution by Binding Arbitration section is referred to in these Terms of Use as the "Arbitration Agreement."
15.2 PLEASE READ THIS ARBITRATION AGREEMENT CAREFULLY BECAUSE IT CONTAINS CERTAIN PROVISIONS WHICH AFFECT YOUR LEGAL RIGHTS. THIS SECTION REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH THE Gam3 Foundation AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM THEM.
Waiver of Rights
15.3 Arbitration is a private way to settle disagreements outside of court. By agreeing to these Terms, you give up your right to sue in court and have a judge or jury decide your case. In arbitration, there's no judge or jury, and a court's review of an arbitration decision is limited. The arbitrator must follow these Terms and can award similar remedies as a court (including attorney fees).
15.4 You and Gam3 Foundation agree to only bring claims against each other individually. This means no class action lawsuits or being a representative in a lawsuit involving others. Unless both of you agree otherwise, the arbitrator cannot combine claims from multiple people or preside over a class action proceeding. Additionally, the arbitrator can only award relief to the individual who filed the claim, and only to the extent necessary to resolve their specific claim. However, you can still pursue a claim for, and the arbitrator may award, public injunctive relief under applicable law, as needed to enforce this provision.
Notification
15.5 If a dispute arises, each party must inform the other in writing within thirty (30) days. This allows both parties to attempt an informal resolution. You must send your notice to Gam3 Foundation's email address provided [insert notification email]. Gam3 Foundation will notify you by posting on the website or sending an email to your registered email address. Your notice should include: (i) your name, mailing address, email address, and phone number; (ii) a detailed description of the dispute; and (iii) the specific relief you're seeking.
Seat of Arbitration
15.6 If you and Gam3 Foundation can't agree on how to resolve the dispute within thirty (30) days of receiving the notice, it will be referred to binding arbitration administered by the Singapore International Arbitration Centre ("SIAC") according to their Arbitration Rules ("SIAC Rules"). Both parties agree that any arbitration will follow the Expedited Procedure set out in Rule 5.2 of the SIAC Rules.
15.7 The arbitration will take place in Singapore, and the language used will be English. There will be one arbitrator.
15.8 The costs of filing, administration, and arbitrator fees (collectively referred to as "Arbitration Fees") will be governed by the SIAC Rules, unless otherwise specified in this Arbitration Agreement.
Confidentiality
15.9 All aspects of the arbitration process, including any rulings, decisions, or awards by the arbitrator, will be kept strictly confidential for the benefit of all parties involved.
Future Changes to Arbitration Agreement
15.10 Gam3 Foundation agrees that if they make any future changes to this Arbitration Agreement (excluding changes to the Notice Address) while you're a user of the Service, you can reject the change by sending written notice to Gam3 Foundation within thirty (30) calendar days of the change to the Notice Address provided above. Rejecting a future change means you agree to resolve any disputes according to the Arbitration Agreement wording as of the date you first accepted these Terms of Use (or any subsequent changes you accepted).
15.11 You agree that this Arbitration Agreement is included to resolve disputes regarding the matters described herein quickly and inexpensively. This section can also be grounds for dismissal of any court action you initiate regarding a dispute arising from these matters.
16. Contact
16.1 If you have any questions about these Terms or otherwise need to contact us for any reason, you can reach us at: [email protected]