Terms of Service
Effective: December 08th 2021
Last Updated: December 08th 2021
The terms and conditions of use shown here set forth the terms between PlayDapp Limited. (hereinafter referred to as the "Company") and users (hereinafter referred to as the "User" or "Users" depending upon context) of any services or features of ITEM Manager (hereinafter referred to as the "Service"), which is provided by the Company.
The service is made accessible by linking a digital wallet, with supported extensions such as MetaMask and Portis. MetaMask and Portis have their own Terms of Service, with which you should make yourself aware, Crypto Assets are defined as, but not limited to, unique non-fungible tokens, implemented on the Ethereum blockchain, via smart contracts.
All Transactions on our service are handled by third-party electronic wallet extensions. Each of these have their own Terms of Service of which you should familiarize yourself. You can find them at the links below:
1. Agreement to Terms and Conditions
1.1 All Users shall use the Service in accordance with the terms stated in the Terms and Conditions. Users may not use the Service unless they agree to the Terms and Conditions. Such agreement is valid and irrevocable.
1.2. By actually using the Service, Users are deemed to have agreed to the Terms and Conditions. Such agreement is valid and irrevocable.
2. Modification of the Terms and Conditions
We reserve the right to modify these Terms at any time. If changes are made notice will be provided seven days in advance, such as by email notification. Additionally, the “Last Updated” date at the beginning of these terms will be amended with the most recent amendment date. If you are unwilling to be bound by these Terms, you should not use the service after update notice is given. You represent and warrant that you are at least 18 years old or visiting this Site under the supervision of a parent or guardian.
3. Privacy
3.1. Blockchain wallet address will be collected to use this service.
3.2. IP address
4. Provision of the Service
4.1. Users shall supply the necessary PC, mobile phone device, communication device, operating system, and data connection necessary for using the Service under Users' own responsibility and at Users' own expense.
4.2. The Company reserves the right to limit access to the whole or part of the Service depending upon conditions that the Company considers necessary, such as age, identification, current membership status, and the like.
5. Restrictions
Users shall not engage in the following when using the Service.
5.1. Activities that violate the law, court verdicts, resolutions or orders, or administrative measures that are legally binding.
5.2. Activities that infringe intellectual property rights, such as copyrights, trademarks and patents, fame, privacy, and all other rights of the Company and/or a third party granted by the law or contract.
5.3. Activities that lead to the misrepresentation of the Company and/or a third party, or intentionally spread false information.
5.4. Activities that interfere with the servers and/or network systems of the Service; that abuse the Service by means of cheat tools, or other technical measures; that deliberately use defects of the Service; that make unreasonable inquires and/or undue claims such as repeatedly asking the same question beyond the necessity, and that interfere with the Company's operation of the Service or Users' use of the Service.
5.5. Activities that aid or encourage any activity stated in Clauses 1 to 4 above.
5.6. Other activities that are deemed by the Company to be inappropriate.
6. User Responsibility
6.1. Users shall use this Service at their own risk, and shall bear all responsibility for actions carried out and their results upon this Service.
6.2. The Company may take measures that the Company considers necessary and appropriate, if the Company acknowledges that a User is using the service in a way which violates the Terms and Conditions. However, the Company shall not be responsible for correcting or preventing such violation towards Users or others.
7. The Company's Exemption of Liability
7.1. You accept the inherent security risks of providing information and using our services online over the internet and agree that we have no liability or responsibility for any breach of security unless it is due to our gross negligence.
7.2. WITH THE EXCEPTION OF ADHEREING TO LEGAL RESPONSIBILITIES IN THE CASE OF NEGLIGENCE ARISING BY THE COMPANY’S ACTION. IN NO EVENT SHALL THE WE OR OUR RELATED PARTIES, BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS OR LOSS OF BUSINESS, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL OUR AND OUR RELATED PARTIES' AGGREGATE LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), OR OTHER THEORY, ARISING OUT OF OR RELATING TO THESE TERMS OR USE OF ANY PRODUCTS OR SERVICE THROUGH THIS SITE EXCEED THE PURCHASE PRICE OF THE PRODUCT OR SERVICE. THE LIMITATIONS SET FORTH IN THIS PARAGRAPH WILL NOT LIMIT OR EXCLUDE OUR OR OUR RELATED PARTIES' GROSS NEGLIGENCE, FRAUD, INTENTIONAL, WILLFUL, MALICIOUS OR RECKLESS MISCONDUCT.
7.3. The Company will not be responsible or liable for any losses you incur as the result of your use of the blockchain network or 3rd party blockchain wallet provider, including but not limited to any losses, damages or claims arising from: (a) user error, such as forgotten passwords or incorrectly construed smart contracts or other transactions; (b) server failure or data loss; (c) corrupted wallet files; (d) unauthorized access or activities by third parties, including but not limited to the use of viruses, phishing, bruteforcing or other means of attack against the app, blockchain network, or the blockchain wallet.
8. Virtual Items
The ownership of items obtained in the game lies entirely with the account holder. The company is not involved in ownership rights of the item.
Items may only be held by legal residents of countries where access to and use of the applicable Services are permitted. Items may only be acquired from us and through means we provide on the applicable game or otherwise expressly authorize. When you acquire Items, they will reside in your account ("ITEM Manager Account") until discharged through use of the Service. Items exported from “ITEM Manager Account” to a game will be stored in your account section within the game.
9. Notification and Contact
9.1. When the Company notifies or contacts Users regarding the Service, the Company may use a method that the Company considers appropriate, such as posting on the website operated by the Company.
9.2. When Users notifies or contacts the Company in regard to the Service, Users shall use the customer inquiry form available on the website operated by the company or other means designated by the Company.
10. Staking
By staking NFT(s) with the ITEM MANAGER (hereinafter “Service”) on any supported network you are consenting to be bound by, assenting to the terms and conditions of, making representations and warranties set forth in, and will become a party to the Terms of Service.
The materials on the Service are provided on an ‘as is’ basis. The company make no warranties, expressed or implied, and hereby disclaim and negate all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
If you do not agree to all the terms and conditions of this Service, or if any of the representations and warranties set forth in the terms of service is inaccurate as applied to you, you must not stake NFTs with or otherwise use the Service.
- Staking means the use of the Service by the account holder to gain Staking Rewards.
- Staking Rewards means the tokens distributed by the supported entity such as PlayDapp. Rewards are calculated based on the assets you hold in the particular wallet that was used to stake and by actions taken as required by the specific game you are accessing.
- NFT means the underlying digital asset that can be used to stake on the Service.
- Supported Entity means any entity for which the Item Manager is bound, utilizing the Service to perform staking, including but not limited to electronic wallets such as Portis.
- Token means the underlying digital asset of the supported entity, such as PLA.
- Claim means the user action required to receive what is being described as reward(s) in return for the staking activity.
- Account holder means the party using the Service to gain Staking Rewards.
Staking Responsibilities
a. During the term, the account holder shall provide the following
- Staked NFT(s) with validated crypto wallet acceptable to Item Manager to receive Staking Rewards.
- Staked NFT(s) will be subject the account holder. This includes but is not limited to ineligibility to receive Staking Rewards for misuse caused by the account holder.
- Account holder is responsible for maintaining the security of their accounts and assets involved to the Service at all times.
b. During the term, the Item Manager will provide the following:
- The Service will be operated in a diligent and professional manner and in accordance with applicable industry standards.
- Reasonable security safeguards will be employed by Item Manager to protect the integrity and availability of Service.
Discontinuation of Service
- The Item Manager reserves the right to limit individual access under the following, but not limited to conditions:
- We may withdraw NFT(s) and/or NFT(s) related to the Service or impose restriction on the use of the Service without consent of the user if it is deemed that the user has violated these terms of Service.
Users agree not to do the following through our Service.
1. The act of stealing another person's ID and password.
2. The act of transmitting, posting, displaying, exposing, e-mail or other means of transmitting vulgar, obscene, insulting, threatening, or infringing on the privacy of others.
3. The act of willful disguised the source of the contents transmitted through the service.
4. The act of posting, displaying, exposing information without legitimate compliance of available law or contract by e-mailing, or transmitting or by other means.
5. The act of posting, publishing, e-mailing, or transmitting information infringing on another person's patents, trademarks, trade secrets, copyrights, and other intellectual property rights by means of e-mail or other means
6. The act of posting, publishing, e-mailing, or other types of recommendations, such as advertisements, promotions, junk emails, spam, lucky letters, pyramid organizations, and other forms of recommendation that have not been approved by the site.
7. The act of collecting or storing other users' personal information.
8. The act of circumventing the system provided by PlayDapp or the Service without legitimate compliance of available law for personal benefit may result in termination and/or restriction of access to the features provided by the Service. If Item Manager decides to discontinue Service, we will publicly announce our intention to do so providing a minimum of 7 days notice using public channels including blog, telegram group or by email.
- In case of service termination due to the Supported Entity or by the termination of service by the Item Manager itself due to the factors outside of Company’s control such as but not limited to natural disaster, discontinuation of Service by respective government’s policy and or jurisdiction change, the company is not responsible for any form of damage incurred, including but not limited to physical, financial, and mental damage.
Sensitive Information
- We may collect use your personal information, for service expansion and development purpose.
Acceptable Use
- The account holder may not reverse engineer, dissemble, or decompile any part of the Services. The account holder shall bear the risk of loss for, and assumes all liability arising from, any unauthorized or fraudulent usage of Service (or any hardware or software component thereof). In Addition, the account holder agrees not to (i) send or store malicious code in connection with the Service or otherwise interfere with or disrupt performance of the Service, (ii) use manual or automated tools to scan or probe the Service to determine vulnerabilities, (iii) attempt to gain access to the Service or its related systems or networks in a manner inconsistent with the permitted use of the Service. Item Manager reserves right, but is not required to take any and all action it deems appropriate, including, without limitation, blocking access to geographic areas of suspending access to Services (or any hardware or software component thereof), in order to prevent or terminate any fraud, abuse or illegal use of or activities in connection with the Service or any other breach of this section, provided, however, that any such action by Item Manager shall be consistent with applicable laws, rules and regulations.
User Conduct
- You agree you will not violate any law, contract, intellectual property or third-party right. You are solely responsible for your conduct and agree to the following.
- Not to Provide false or misleading information to Marketplace.
- Use the service in a way that negates other users from fully using the service and its features
- Develop, use or share any software or interact with any API in way that can damage or impair the service. Or use any automated means or interface not authorized by us to access the service, extract data or interfere with the functionality of pages.
- Use the service for any illegal or unauthorized purpose or engage or promote any activity that violates these terms.
Changes to this Terms of Service
- Item Manager may revise these Terms of Service from time to time and will post the most current version. If a revision materially amends the Terms of Service, Item Manager will notify the account holder (by, for example, the Item Manager or PlayDapp MarketPLAce Telegram group, posting on PlayDapp MarketPLAce blog or on MarketPLAce website.
Agreement
This Terms of Service constitutes the entire Terms of Service between the parties with respect to its subject matter and supersedes all other agreements (express or implied), proposals, negotiations, representations or communications relating to the subject matter. Both parties acknowledge that they have not been induced to enter this Terms of Service by any representations or promises not specifically stated in this Terms of Service. The protections of this Terms of Service will apply to actions of the parties performed in preparation for and anticipation of the execution of this Terms of Service. Miscellaneous
No agency, partnership, joint venture, or employment relationship is created as a result of these Terms, and you do not have any authority of any kind to bind Us in any respect whatsoever. We may provide you with notices, including those regarding changes to these Terms, by email, regular mail, or postings on this Site. These Terms, which shall be deemed accepted by you upon your use of the Site, constitute the entire agreement among you and Us regarding use of this Site. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of the enforcement of such right or provision. If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable. These Terms are not assignable, transferable or sublicensable by you, except with our prior written consent.
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