Terms of Use

Terms of Use

Last Updated: August, 2020

 

By using the Chain Games website at https://www.chaingames.io (the “Site”), its subdomains, and any services provided by the site (collectively the “Services”), you agree to be bound by these Terms of Use (the “Terms”) as well as our Privacy Policy. If you do not agree to the Terms, do not use the Site or our Services.

 

The Site and Services are provided by CHAIN GAMES (hereinafter “Chain Games” or the “Company” or “us”), an Estonian Private Limited Liability Company with registration number 16029997, and YOU (hereinafter “User” or “you”), with respect to your use of the Services offered through the Chain Games platform (hereinafter “Platform”).

 

THIS AGREEMENT CONTAINS AN ARBITRATION PROVISION. ALL DISPUTES ARISING UNDER THIS USER AGREEMENT SHALL BE SETTLED IN BINDING ARBITRATION. ENTERING INTO THIS AGREEMENT CONSTITUTES A WAIVER OF YOUR RIGHT TO A TRIAL BY JURY AND PARTICIPATION IN A CLASS ACTION LAWSUIT.

 

1. APPLICABILITY

 

By using our services, you agree to be bound by the Terms in its latest version. You are aware that Chain Games may change these Terms at any time, on our sole discretion without any prior notice to you. Any changes will be effective immediately upon posting on our Website. Your continued use of the Chain Games Platform means that you accept any new or modified terms.

 

2. ACCESSING THE SERVICES

 

Chain Games grants you a revocable, non-exclusive, non-transferable, limited license to use the Services (information or software) on the Site in accordance with these Terms of Use and applicable Service Terms. This is the grant of a license, not a transfer of title, and under this license, you may not:

 

• modify or copy the materials;
• attempt to decompile or reverse engineer any software contained on the Site;
• remove any copyright or other proprietary notations from the materials; or
• transfer the materials to another person or “mirror” the materials on any other server.

 

This license shall automatically terminate if you violate any of these restrictions and may be terminated by Chain Games at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

 

You must keep secret all credentials associated with the Services. You are solely responsible for managing and maintaining the security of any information relating to such credentials and agree that Chain Games shall not be held responsible for any unauthorized access to the Services or any resulting harm you may suffer.

 

3. DISCLAIMER

 

CHAIN GAMES DISCLAIMS ANY AND ALL PROMISES, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DATA ACCURACY, SYSTEM INTEGRATION, TITLE, NON-INFRINGEMENT AND/OR QUIET ENJOYMENT, AND ANY SERVICES PROVIDED BY CHAIN GAMES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” EXCEPT AS EXPRESSLY PROVIDED HEREIN, YOU ACKNOWLEDGE THAT CHAIN GAMES MAKES NO WARRANTIES UNDER THIS AGREEMENT DIRECTLY FOR THE BENEFIT OF ANY END USER, AND THAT CHAIN GAMES’S OBLIGATIONS UNDER THIS AGREEMENT ARE FOR THE BENEFIT OF YOU ONLY, AND NOT FOR THE BENEFIT OF ANY OTHER PERSON. IN ENTERING INTO THIS AGREEMENT, YOU REPRESENT THAT YOU HAVE NOT RELIED UPON ANY REPRESENTATION OR WARRANTY OF CHAIN GAMES OR ITS AFFILIATES EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT ACCESS TO THE SERVICES SHALL BE CONTINUOUS, UNINTERRUPTED, TIMELY, OR ERROR-FREE.

 

You understand that we cannot and do not guarantee or warrant that files available for downloading from the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.

 

4. SERVICES

 

Chain Games is a blockchain gaming platform for wagering on peer to peer games of skill. The CHAIN GAMES UTILITY TOKEN (“CHAIN”) is the in-game currency for use within the Chain Games decentralized application.

 

Company gives no warranties that CHAIN will be exchangeable on specific platforms or that they shall remain exchangeable on exchange platforms or that they would be exchangeable on other exchanges.

 

Chain Games is not a financial institution and is currently not under supervision of any financial supervisory authority. Chain Games does not provide any licensed financial services, such as investment services, fund management or investment advice. None of the information or analysis presented herein are intended to form the basis for any investment decision, no specific recommendations are intended, and Chain Games, website and CHAIN do not offer, are not and shall not be construed as investment or financial products. In the event of any regulatory changes would impact CHAIN, Chain Games reserves the right to amend its Services, the Site and CHAIN.

 

CHAIN are not an investment, a security, nor an investment product and any action, notice, communication, message, decision, managerial act, or omission of the mentioned shall not be understood and interpreted as such.

 

Company gives no guarantees as to the value of any of the CHAIN and explicitly warns users that there is no reason to believe that CHAIN will increase in value, and they might also decrease in value or lose their value entirely.

 

You represent that you acquire CHAIN exclusively for your use in our Services, and not for investment or financial purposes. You also represent and warrant that you do not consider Chain Games as a security and you understand that CHAIN may lose all of their value and that you are aware of all other risks deriving from holding CHAIN as specified in these Terms and you accept them.

 

5. ELIGIBILITY

 

To use any of the Services that involve wagers, you must qualify and agree to the conditions set forth below. Failure to qualify and continuously abide by any of the following conditions constitutes a breach of this Agreement. Specifically, you agree that:

 

You are a natural person, at least 18 years old, or the age of legal consent for engaging in Skill Challenges under the laws of any jurisdiction that applies to you, whichever is greater. We expressly reserve the right to request proof of age, at any time;

 

You have not been placed on any of the sanctions lists, published and maintained by the United Nations, European Union, any EU country, UK Treasury and US Office of Foreign Assets Control (OFAC).

 

You have verified and determined that your use of the Site Services does not violate any law or regulation in any jurisdiction that applies to you. It is your sole responsibility to ensure that this is the case;

 

You fully understand the methods, rules and procedures of the Site and Services, and your use of the Site and Services will always comply fully with these Terms and our Privacy Policy.

 

You will not engage in any conduct that injures or may injure the business, reputation or goodwill of the Company;

 

You are fully aware that there is a risk of losing money by using the Services to arrange, enter, and/or participate in our Services and that you are solely responsible for any such loss;

 

You possess the legal authority to enter into this Agreement including the authority to accept all of these Terms;

 

You shall not infringe or encroach upon Chain Games’ or any third party’s personal, contractual or proprietary rights, including, without limitation, patents, trademarks, copyrights, rights of privacy or publicity or trade secrets;

 

You are physically located in a U.S. state or a jurisdiction located outside the U.S. in which participation in the Skill Challenges is not prohibited by the law of that State or jurisdiction;

 

You understand that Chain Games may monitor your Internet access location, without creating an obligation to do so, and may use techniques which are intended to block or restrict access from a jurisdiction in which participation in the Services are illegal or restricted;

 

You will not mask your identify in any way, including without limitation, IP masking by accessing the Site Services over any type of Proxy Server, through IP masking software or the like; and

 

We DO NOT warrant that our Site and/or Services are in compliance with all the laws and regulations in any localities, including your locality. It is your responsibility to ensure compliance with the laws and regulations of your locale. Please be certain to use the Services only after you have determined in good-faith that they are in compliance with state, local and other governing laws and regulations.

 

6. RISKS

 

Development Failure or Abortion. Acquiring and storing CHAIN for purposes of using our services involves various risks, in particular that Chain Games may not be able to launch some operations and continue developing its platform or community. Any interested person who is not in the position to accept nor to understand the risks associated with the activity, or any other risks as indicated in the Terms, should not acquire CHAIN or use our Services.

 

Legal Risk Concerning Security Regulation. There is a risk that in some jurisdictions CHAIN might be considered as a security, now or in the future. Company does not give warranties or guarantees that CHAIN are not a security in all jurisdictions. Each user of Chain Games shall bear its own legal or financial consequences of CHAIN being considered a security in their respective jurisdiction. The legal ability of Company to provide CHAIN in some jurisdictions may be eliminated by future regulation or legal actions. In the event, it turns out with a high degree of certainty that CHAIN are not legal in certain jurisdiction, Company will base on its sole discretion either (a) cease operations in that jurisdiction, or (b) adjust CHAIN in a way to comply with the regulation should that be possible and viable. It is your obligation to check if acquisition and disposal of CHAIN is legal in your jurisdiction, and by accepting these Terms you expressly agree and warrant that you will not use Chain Games should the use not be legal in the relevant jurisdiction.

 

Risk of Malfunction of Blockchain. Nobody can guarantee the Ethereum source code used by Company will be flaw-free. It may contain certain flaws, errors, defects and bugs, which may disable some functionality for users, expose users’ information or otherwise. Such flaw would compromise the usability and/or security of Company and consequently bring adverse impact on the value of Company. Open-source codes rely on transparency to promote community-sourced identification and solution of problems within the code.

 

Update of the Source Code. The Ethereum source code could be updated, amended, altered or modified from time to time by the developers and/or the community of Ethereum. Nobody is able to foresee or guarantee the precise result of such update, amendment, alteration or modification. As a result, any update, amendment, alteration or modification could lead to an unexpected or unintended outcome that adversely affects CHAIN and/or Company operation or market value.

 

Internet Transmission Risks. You acknowledge that there are risks associated with utilizing Internet-based digital assets, products and website including, but not limited to, the failure of hardware, software, and Internet connections. You acknowledge that the Company shall not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using our services, website, platform, CHAIN howsoever caused.

 

Cryptography Risks. You acknowledge that there are risks associated with cryptography, such as code cracking or technical advances such as the development of quantum computers, could present risks to all crypto-currencies including CHAIN. This could result in the theft, loss, disappearance, destruction or devaluation of Chain Games. To a reasonable extent, Company will be prepared to take proactive or remedial steps to update the protocol underlying Company in response to any advances in cryptography and to incorporate additional reasonable security measures where appropriate. It is impossible to predict the future of cryptography or the future of security innovations to an extent that would permit the Company to accurately guide the development of Company to take into account such unforeseeable changes in the domains of cryptography or security.

 

Splitting and Forking. Ethereum is an open source project and supported by the community. The developers of the Company do not lead the development, marketing, operation or otherwise of Ethereum. Anybody may develop a patch or upgrade of the source code of Ethereum’s source without prior authorization of anyone else. The acceptance of Ethereum patches or upgrades by a significant, but not overwhelming, percentage of the users could result in a “split” or “fork” in the blockchain of Ethereum, and consequently the operation of two separate networks and will remain separate until the split or forked blockchains are merged. The temporary or permanent existence of split or forked blockchains could adversely impact the operation and the market value of Chain Games and in the worst-case scenario, could ruin the sustainability of the Company. While such a split or fork in the blockchain of Ethereum would possibly be resolved by community-led efforts to merge the split or forked blockchains, the success is not guaranteed and could take long period of time to achieve.

 

Risk of Unfavorable Regulatory Action in One or More Jurisdictions. Blockchain technologies have been the subject of scrutiny by various regulatory bodies around the world. Chain Games could be impacted by one or more regulatory inquiries or actions, including but not limited to restrictions on the use or possession of CHAIN, which could impede or limit their existence, permissibility of their use and possession, and their value.

 

Risk of Theft and Hacking. Hackers or other groups or organizations may attempt to interfere with your third-party wallet, the Website or the availability of CHAIN in any number of ways, including without limitation denial of service attacks, Sybil attacks, spoofing, smurfing, malware attacks, or consensus-based attacks.

 

Risk of Mining Attacks. Ethereum blockchain, which is used for the CHAIN, is susceptible to mining attacks, including but not limited to double-spend attacks, majority mining power attacks, “selfish-mining” attacks, and race condition attacks. Mining Attacks, as described above, may also target other blockchain networks, with which Chain Games interacts with. Any successful attacks present a risk to the CHAIN.

 

Risk of Loss of Value and Uninsured Losses. Value of CHAIN may fluctuate and you may suffer loss in value of such acquired CHAIN. In addition to loss of value risk, CHAIN are entirely uninsured and are unlike bank accounts or accounts at some other financial institutions.

 

Unanticipated Risks. Cryptocurrencies and blockchain technologies are new and untested technology and in addition to the risks outlined in these Terms, there are also unforeseeable risks that may materialize as unanticipated.

 

You acknowledge, agree and warrant that you have been warned of the potential risks involved by using our services, website and product and other relevant technologies mentioned herein as well as that there may be other risks involved, which are not specified herein and that you fully accept such risks.

 

7. KNOWLEDGE REQUIRED

 

The User undertaking to use the Services expressly acknowledges and represents that she/he has carefully reviewed the Terms and fully understands the risks, costs and benefits associated with use of the Services.

 

The User undertaking to use our Services must ensure that she/he  understands  and  has  significant  experience  of  cryptocurrencies,  blockchain  systems  and services, and that she/he fully understands the risks associated with the Token Sale as well as the mechanism related to the use and custody of cryptocurrencies.

 

Chain Games shall not be responsible for any loss of CHAIN or situations making it impossible to access the CHAIN, which may result in any actions or omissions of the future User or any person undertaking to use the Services.

 

Chain Games is not a provider of (a) exchange services between virtual currency and fiat currency; (b) wallet   or   custodial   services   of   credentials   necessary   to   access   virtual   currencies   or (c) cryptocurrency mining services. User expressly agrees and acknowledges that anytime throughout the duration of these Terms, CHAIN may require material, technical, commercial or any other changes and understands that an upgrade or modification of CHAIN may be required. If a user decides not to participate in such upgrade, the user acknowledges and agrees that non-upgraded CHAIN may lose their functionality in full and that they may no longer use CHAIN.

 

8. GAMING PLATFORM

 

User Responsibility. By using the Chain Games gaming platform, the User agrees to the Terms and in particular, they represent and warrant the following:

 

User is solely responsible for confirming and ensuring their compliance with any local prohibitions and/or regulations that may be applicable to their activities on the website, including those of your country or jurisdiction of residence.

 

User acknowledges underage gambling is illegal and is twenty-one (21) years of age or more, or above the minimum legal age of majority in their jurisdiction, whichever is higher. User further confirms that they are legally allowed to participate in the games and services under the relevant laws in their jurisdiction.

 

User participation in the games and services is for purposes of recreation and entertainment only, and is strictly personal and not in any professional capacity.

 

User participates in the games and services only on behalf of the member himself or herself.

 

All information received from the user is true and accurate. The user will immediately notify Chain Games of any changes to the information provided.

 

User is solely responsible for any and all taxes or other amounts payable in their resident country or jurisdiction relating to any winnings or withdrawals made by the user.

 

Member takes on the risk of losing funds by participating in the games and services.

 

Fraud, collusion, fixing or any other actions which can be considered unlawful are strictly forbidden in relation to the user’s or any third-party’s participation in the games and services. In the event such activities are taking place, Chain Games reserves the right to close the member account and invalidate any betting.

 

User will only use wallet addresses that are valid and legally under the user’s custody and control.

 

User is solely responsible to keep their login details and crypto wallets secure and ensure that they are not disclosed to anyone. Chain Games is not responsible for any misuse of wallets.

 

User is solely responsible for their own account transactions, wagers, bets, and engagement on the platform. User will review and confirm wagers and bets for any mistakes before entering the games and services. User acknowledges once a transaction is complete it cannot be changed.

 

Malicious Use. Users shall not perform any of the following acts in connection with the use of the services provided by the company:

 

When applying for use or changing member information, use other person’s information or enter false information;

 

The act of impersonating executives, employees, operators, and other related parties of the company;

 

Changing the information posted by the company;

 

Unauthorized collection, storage, posting, or dissemination of other users’ personal information;

 

The act of producing, distributing, using, or advertising computer programs or devices or devices not provided or approved by the company;

 

Intentionally sending, posting, distributing or using viruses, computer codes, files, programs, etc. designed to interfere with or destruct normal operation of information, computer programs, or computer software/hardware or regular communications equipment;

 

Changing game services, adding or inserting other programs into game services, hacking, reverse-engineering servers, leaking or changing source code or data, establishing separate servers, or arbitrarily changing or stealing parts of the website without being granted special rights by the company;

 

The act of using game services for sales, advertising, public relations, political activities, election campaigns, etc. without the consent of the company;

 

Unauthorized reproduction, distribution, promotion, or commercial use of information obtained using the company’s services, and the use of services by exploiting known or unknown bugs;

 

The act of profiting from harming others in connection with the use of the company’s services;

 

Violating the intellectual property or portrait rights of the company or others, defaming or damaging others;

 

Other acts contrary to good customs and other social norms; or

 

Using the service using an automatic script.

 

Legal Compliance. You are subject to, and are solely responsible for obeying all laws of the state, province and/or country in which You reside and from which You access the Site, Log-In to the Site or participate in any game service. You agree to only participate in the game services only after You have determined in good-faith that You are in compliance with state, local and other governing laws and regulations.

 

Participation within the United States of America

 

• Participation in fee-based tournaments for prizes is prohibited in the following U.S. states, without limitation: Arizona. The foregoing list shall not be construed to imply or suggest that your participation in game services from an unlisted state is legal under any applicable laws or regulations. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.

 

Participation outside the United States of America

 

• Participation in fee-based tournaments for prizes may be prohibited in your jurisdiction and it is your sole responsibility to ensure compliance with such laws. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.

 

You agree to hold Chain Games harmless from any liability such that Chain Games cannot be held liable if laws applicable to you restrict or prohibit your participation in any game service or contests arranged and established through the Platform or otherwise. Chain Games makes no representations or warranties, implicit or explicit, as to your legal right to participate in any game service facilitated nor shall any person affiliated, or claiming affiliation with Chain Games, have authority to make such representations or warranties.

 

Refunds and Payouts. Under no circumstances will the CHAIN be refunded. The company will not refund CHAIN losses incurred due to user negligence and lack of knowledge of service usage of the service. CHAIN payouts are automatically distributed through smart contracts. The company is not responsible for any payment delays caused by delayed transactions on the blockchain network.

 

Change of Service. Users may use the game service provided by the company in accordance with these terms of services, policies, and game rules established by the company. The contents that the company provides to its users through game services have comprehensive authority over the production, modification, maintenance and repair of the contents according to the company’s needs. Chain Games can change the service according to operational or technical needs to provide smooth game services at the company’s discretion.

 

Collection of Information. Chain Games may store the contents and records of games and services on the platform. This information will be shared with the user community through leaderboards and statistical information. The company can collect and utilize the user’s device information (setup, specification, operating system, version, etc.) for smooth and stable operation of the service and improvement of the service quality. Chain Games may request additional information from the users for the purpose of improving the service and introducing services to users. The company has the right to check the service use of the user at any time. If the user’s malicious use is identified during such verification, the service can be restricted or the account in use can be closed.

 

Advertisements. Chain Games may place advertisements within the game service and platform. Advertisement information can also be sent by e-mail, text message service (LMS/SMS), push notification, etc. only to users who agree to receive advertisement information. The user may refuse to receive the advertisement information at any time.

 

9. ACCURACY OF INFORMATION AND THIRD-PARTY CONTENT

 

We endeavor to verify the accuracy of any information displayed, supplied, passing through or originating from the Services, but such information may not always be accurate or current. Accordingly, you should independently verify all information before relying on it, and any decisions or actions taken based upon such information are your sole responsibility.

 

We make no representation or warranty of any kind, express or implied, statutory or otherwise, regarding the contents of the Services, information and functions made accessible through the Services, any hyperlinks to third party websites, or the security associated with the transmission of information through the Services, or any website linked to the Services.

 

In using the Services, you may view content or services provided by third parties, including links to web pages and services of such parties (“Third Party Content”). We do not control, endorse or adopt any Third Party Content and have no responsibility for Third Party Content, including, without limitation, material that may be misleading, incomplete, erroneous, offensive, indecent or otherwise objectionable in your jurisdiction. In addition, your dealings or correspondence with such third parties are solely between you and the third party. We are not responsible or liable for any loss or damage of any sort incurred as a result of any such dealings and your use of Third Party Content is at your own risk.

 

10. LINKS TO THIRD-PARTY WEBSITES

 

Our services, website, platform, CHAIN may include links to third party websites, third party wallet providers or other service providers (“Third Party Sites”). If you use any links made available through our services, website, platform, application to reach other websites not maintained by the company you will leave our services, website, platform, application. The linked sites are not under the control of the company and company is not responsible for the content of any linked site or any link contained in a linked site. The linked sites are governed by the terms and conditions of that site.

 

Company shall not be responsible or liable, either directly or indirectly, for any damage or loss caused or alleged to be caused in connection with your use or reliance on any such content, information, statements, representations, advertising, products, services or other materials available on or through third party sites. Company provides these links to you only as a convenience and the inclusion of any link does not imply recommendation, approval or endorsement by company of third-party sites, nor does it imply that the linked third-party sites recommends, approves of, or endorses Company.

 

11. INTELLECTUAL PROPERTY RIGHTS

 

To the extent that copyright or other intellectual property rights exist on the Chain Games platform, website, CHAIN and services such as software, know-how, analysis or programs, those copyrights and other intellectual and industrial rights belong to Chain Games or third-party affiliates. Under no circumstances will these Terms be construed as granting, by implication, estoppel or otherwise, a license to any Intellectual Property or components thereof other than as specifically granted in these terms. You agree that the Intellectual Property may be used only as provided in these terms. All rights not expressly granted herein are reserved.

 

12. DISCLAIMER OF WARRANTIES

 

To the fullest extent permissible under applicable law, our service, website, CHAIN are provided on an “as is,” and “as available” basis, without warranties of any kind, express, implied or statutory, including implied warranties of condition, uninterrupted use, merchantability, satisfactory quality, fitness for a particular purpose, non-infringement of third-party rights, and warranties (if any) arising from a course of dealing, usage, or trade practice, is given in conjunction to website, services, platform, CHAIN, any software or product contained in website, CHAIN and services and in general.

 

Company does not warrant that the service, CHAIN token or website will be error-free or uninterrupted or that any defects will be corrected in reasonable time. You acknowledge that your use of the service, platform and website is at your sole risk.

 

While every effort is made to ensure that information contained in the website or Chain Games is correct, Company disclaims all warranties regarding the accuracy, adequacy, correctness, completeness, reliability, timeliness, non-infringement, title, merchantability or fitness of any information on the Website and/or Chain Games.

 

Company does not guarantee the confidentiality or privacy of any communication or information transmitted through services, on the Website or Chain Games or any site linked to the website. We will not be liable for the privacy or security of information, e-mail addresses, registration and any identification information (if applicable), disk space, communications, confidential or proprietary information, or any other content transmitted to us in any manner, or otherwise connected with your use of our services, website or platform.

 

Company shall not bear any liability, whatsoever, for any damage or interruptions caused by any computer viruses, spyware, scareware, trojan horses, worms or other malware that may affect your computer or other equipment, or any phishing, spoofing or other attack. We advise the regular use of a reputable and readily available virus screening and prevention software. You should also be aware that communication services are vulnerable to spoofing and phishing attacks and should use care in reviewing messages purporting to originate from the Company and/or users on the platform. If you have any uncertainty regarding the authenticity of any communication or notice, please contact support@chaingames.io and notify the Chain Games team.

 

13. LIMITATION OF LIABILITY

 

Chain Games, as well as its officers, directors, agents, joint ventures, employees, suppliers and advisors, assumes no liability or responsibility for any loss raised from the token sale, arising out of or related to the use of the Chain Games platform or any technical, interruption or malfunction of the Chain Games platform, website, token, services or otherwise. In no event shall Chain Games, as well as its officers, directors, agents, joint ventures, employees, suppliers and advisors, be liable for any special, indirect, incidental, punitive or consequential damages of any kind whatsoever, including without limitation any damages caused by or resuming from reliance by any user or any information obtained from the Company, or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from a force majeure event, suspension of Ethereum network communication failure, theft, destruction or unauthorized access to company’s records, services, website, CHAIN. In addition to the above, company shall not be liable for any loss of profit, loss of business, trading losses, loss in value, or any other loss. This applies even if such damages are foreseeable.

 

The limitation of liability set out above shall not be applicable in the event that Chain Games, or a Chain Games employee, has caused the damage by intentional misconduct or by gross negligence.

 

Each party acknowledges that the fees payable hereunder reflects the allocation of risk set forth in the agreement and that each party would not enter into the agreement without these limitations on liability.

 

14. INDEMNIFICATION

 

You will defend, indemnify and hold Company, its affiliates and licensors and its officers, directors, contractors, employees, agents and representatives, harmless from and against all claims, actions, demands, liabilities, damages, losses, costs and expenses (including legal fees) relating to or arising from (a) your use of our services, website, platform, CHAIN (b) your breach of these terms or any other liabilities arising out of your use of the services, website and product or the use by any other person accessing the website, service, platform, CHAIN using your computer and/or your personal information (c) your violation of any rights of any other person or entity in connection with these terms (d) third-party claims concerning these terms or you thereof. You will promptly notify us of any third-party claims, actions, or proceedings which you become aware of that involves company as a result of these terms. Company may participate with counsel of its own choosing in any proceedings describing above. Company will be required to respond to compulsory legal order, you will reimburse company for reasonable attorney and contractors fees for their time and material spent responding to obligatory legal orders. You will not agree to any settlement which imposes any obligation or liability for company without company’s prior written consent.

 

15. FEEDBACK

 

In connection with your use of our services, website, platform, you may provide us with your feedback (suggestions, ideas, reviews, comments, material and questions or other information and/or material). We will own exclusive rights, including all intellectual property rights, to any feedback, suggestions, ideas or other information or materials you provide to us, whether by email, posting through our services, website, platform or otherwise. You waive any rights you may have to the feedback (including any copyrights to the extent permitted by law). And Feedback you provide to us is non-confidential, non-proprietary and is not subject to a third-party license and we have no liability for any loss or damage suffered by you as a result of the disclosure or use of such feedback. We have the right to disclose your identity to any third-party who is claiming that any content posted by you constitutes a violation of their intellectual property rights, or of their right to privacy. We have the right to remove any posting you make on our website if, in our opinion, your post does not comply with the content standards set out in this section.

 

16. TERM AND TERMINATION

 

This agreement is entered into for unlimited duration. We reserve the right to terminate and/or

suspend your access to our services/website, without giving you prior written notice and delete all related information and files related to your use of our services, website, platform, mobile application, without liability to you, at any time for any reason, including, but not limited to, if based on our sole discretion believe: (i) You have violated these Terms, (ii) You create risk or possible legal exposure for us.

 

17. NOTICES

 

You agree and consent to receive electronically all communications, agreements, documents, receipts, notices and disclosures (collectively, “Communications”) that Company provides in connection with your use of Company Services, Website, Platform and mobile application. You acknowledge and agree that Company may provide these communications to you by posting them on its Website or by emailing them to you at the email address you provide. Any email communication will be considered to be received by you within 24 hours after we email it to you and Communication via our Website will be effective upon posting. You should maintain copies of electronic Communications by printing a paper copy or saving an electronic copy.

 

It is your responsibility to keep your email address with the Company up to date so that the Company can communicate with you electronically. You understand and agree that if the Company sends you an electronic communication but you do not receive it because your email address is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive electronic communications, Company will be deemed to have provided the communication to you. Please note that if you use a spam filter that blocks or re-routes emails from senders not listed in your email address book, you must add the Company to your email address book so that you will be able to receive the communications we send to you. You can update your information at any time by sending such information to: info@chaingames.io. You may also contact us by sending an email to info@chaingames.io with general questions or support@chaingames.io for assistance. All legal notices, including legal disputes, must be sent in writing to the following address: legal@chaingames.io or postage prepaid by certified or registered mail, return receipt requested and addressed to the authorized representative of the relevant Party. All given notices must be in English language.

 

18. SEVERABILITY

 

If any of the provisions of the Terms or of the Agreement are deemed to be invalid, void or unenforceable, the remaining provisions shall continue in full force and effect.

 

19. APPLICABLE LAW AND ARBITRATION

 

The Terms are subject to and governed by Estonian Law. Any User of Chain Games agrees to seek an amicable settlement prior to bringing any legal action. All disputes arising from or under these Terms shall be resolved by arbitration in accordance with The Court of Arbitration of the Estonian Chamber of Commerce and Industry on the date when the Notice of Arbitration is submitted in accordance with these Rules. The arbitration panel shall consist of one arbitrator only. The seat of the arbitration shall be Tallin, Estonia. The arbitral proceedings shall be conducted in English.

 

In the event that U.S. court overrides the above section regarding applicable law and jurisdiction, and determines to apply U.S. law. All suits shall be brought exclusively in the state of Delaware and applying Delaware state law.

 

EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, YOU AGREE THAT ANY CLAIM YOU MAY HAVE AGAINST US SHALL BE BROUGHT INDIVIDUALLY AND YOU SHALL NOT JOIN SUCH CLAIM WITH CLAIMS OF ANY OTHER PERSON OR ENTITY OR BRING, JOIN, OR PARTICIPATE IN A CLASS ACTION AGAINST US. YOU FURTHER AGREE TO EXPRESSLY WAIVE YOUR RIGHT TO A TRIAL BY JURY.

 

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SERVICES OR SITE MUST BE COMMENCED WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

 

20. PRIVACY

 

User Blockchain Wallets. The company classifies users through the user-connected Blockchain wallet address for the convenience of the users’ information protection and service information, and performs all the user management tasks in the service. The user shall manage his or her blockchain wallet address with his or her duty. The company shall not take any responsibility for damages caused by neglecting the information of the blockchain wallet or accepting the use of the information to a third-party, and all responsibilities shall be borne by the user. The company may refuse to use a blockchain wallet that is restricted to use.

 

Security Measures. We protect your information using physical, technical, and administrative security measures to reduce the risks of loss, misuse, unauthorized access, disclosure, and alteration. Some of the safeguards we use are firewalls and data encryption, physical access controls to our data centers, and information access authorization controls. We also authorize access to personal information only for those employees who require it to fulfill their job responsibilities.

 

Usage and Sharing. We may create anonymous, aggregated and/or other de-identified data records (“anonymous Information”) from information that you provide to us by excluding information that makes the information personally identifiable to you. We use this anonymous information to analyze request and usage patterns so that we may enhance the content of our services and to improve site navigation. We reserve the right to use anonymous information for any purpose and to disclose such data to third parties in our discretion.

 

Sharing of Personal Data. We take your privacy very seriously, and will only share your personal information as needed with the entities within the ecosystem to perform the services and in the event if we are legally to meet any legal, regulatory, or governmental request, including but not limited to events when we are compelled to do so by a subpoena, court order, or similar legal procedure.

 

 

21. MISCELLANEOUS

 

Entire Agreement. These terms represent the entire agreement, and supersede all prior and contemporaneous understandings between you and the Company regarding the subject matter, especially regarding the services, website, platform and CHAIN. In the event of any conflict between these terms and any other agreement you may have with the Company, the terms of that other agreement will prevail only if these terms are specifically identified and declared to be overridden by such other agreement.

 

Assignment. These Terms shall be binding upon and inure to the benefit of the parties and their permitted successors and assigns. You may not assign or transfer any of your rights or obligations under these Terms without Company’s prior written consent from, including by operation of law or in connection with any change of control. Company may assign or transfer any or all of its rights under these Terms, in whole or in part, without obtaining your prior written consent or approval.

 

Act of God Events. Company shall not be liable for (1) any inaccuracy, error, delays or omission of (i) any information, or (ii) the transmission or delivery of information; (2) any loss or damage arising from pandemic, flood, extraordinary weather conditions, earthquake, or other act of God, fire, war, insurrection, riot, labor dispute, accident, action of government, communications, power failure, or equipment or software malfunction or any other cause beyond Company’s reasonable control, also known as “Force Majeure Event”.

 

Waiver. Company failure or delay in exercising any right, power or privilege under these Terms shall not operate as a waiver thereof.