Terms & Conditions

Last Updated: December 19, 2022

Welcome to the Gate of Abyss App (“Gate of Abyss App” or “Platform”), the integrated marketplace for the Gate of Abyss game (the “Game”). This Platform is blockchain friendly and supports cryptocurrency, non-fungible tokens (NFTs), and our digital assets including land plots (“GOALAND”) that are part of the TipsyVerse ecosystem (the “Ecosystem”). “NFTs” in these Terms means a non-fungible token or similar digital item implemented on a blockchain (such as the Ethereum blockchain), which uses smart contracts to link to or otherwise be associated with certain content or data.

The Platform

The Platform is part of a service offered by the Game, a project of The Tipsy Company (“Us” or “We”) that allows users (“User” or “Users”) to buy/sell digital assets, including GOALAND, and enabling payment of these assets in both fiat and cryptocurrency. The Platform also enables Users to connect their wallets, mint (or buy) NFTs that We launch, make payments, receive payments, conduct trading with other Users, create and manage their portfolios, and view or interact with content that relates to the Game and that is also compatible with the Ecosystem (the “Service”). Below you can find the terms and conditions (“Terms”) that you, a User, and Us – as we (The Tipsy Company, Trust Company Complex, Ajeltake Road, Ajeltake Island, Majuro, Marshall Islands 96960, Reg. No. 114167) – must follow, and this is a legally binding agreement between you and Us.

Special Regulations

Please note due to national legislation, participants from various countries may not be allowed to participate in the Service. Always do your own research about the applying laws.

Right to Use UGC

By accepting these Terms and for purposes of facilitating the Service, you are agreeing to grant Us a nonexclusive license to use, online and offline, whatever you create or in the past have created while using the Service. This is covered in the User Generated Content (“UGC”) section below.

Acceptance of Terms

Legal Agreement

By using or visiting any of our websites, any of our products, software, applications, content, test environments, data feeds, forums, the Platform and the Service, you signify your agreement to these Terms and the following, all of which are incorporated by reference and shall be included within the definition of Terms: (a) the Gate of Abyss Community Rules, and (b) Gate of Abyss Name And Logo – Community Usage Guidelines. If you do not agree to all these policies, rules and the Terms, you may not use the Service. In order to agree to these Terms, you need to (1) be 18 or older, or have your parent or guardian’s consent to agree to the Terms, and (2) have the power to enter a binding contract with Us and not be barred from doing so under any applicable laws.

Changes to Terms

We reserve the right to update or modify the Terms at any time without prior notice, and such changes will be effective immediately upon being posted through the Service; however, material changes to these Terms will be effective upon the earlier of (I) your first use of the Service with actual notice of such change, or (II) 30 days from the posting of such change. Your use of the Service following any such change constitutes your agreement to be bound by the modified Terms. These Terms will identify the date of the last update. Disputes arising under these Terms will be resolved in accordance with the version of the Terms in place at the time the Dispute arose. “Disputes” means any dispute, action, controversy or claim arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal or equitable basis, and regardless of whether a claim arises during or after the termination of these Terms.

Additional Policies

Your use of the Service is subject to all additional terms, policies, rules, and guidelines applicable to the Service and certain features of the Service that we may post on or link to the Service, and all such additional documents are incorporated by this reference into, and made a part of, these Terms, especially, but not limited to the methods and processes defined and made available by the features and functions of the Platform (https://gateofabyss.com/) and as documented on our Game Wiki (https://wiki.gateofabyss.com/). By accepting these Terms of Use (as described above) or by using the Service, you accept all of the aforementioned additional policies, terms, rules, documents and features.

The Service

Use

These Terms apply to all Users of the Service no matter what you do. “UGC” means the following that you control, have the ability to license, have ownership of, will Provide (as defined below), or have Provided: (a) Content Services (as defined below) and (b) any modifications, changes, or derivative works by you or that you otherwise own or control of any of those types of data or works that are on, in, or used with the Service. “Provide” or “Publish” means to create, modify, or generate through the Service, or upload, post, publish, or otherwise provide to, for, or through Us, someone, or something on behalf of Us or the Service. “Content Services” means all types of content, including games (and all characters, assets, names and other items in the games), avatars and other characters, digital assets, artwork, reviews, text, software, scripts, graphics, photos, images, sounds, music, videos, audiovisual combinations, interactive features, names, usernames, logos, and other materials, works, items or content (standalone or in combination). “Digital Assets” refer to in-game items (including weapons / equipment / armor / companions) that are NFTs and can therefore be interacted with / transacted even outside the Game, GOALAND (that may be non-NFTs or NFTs, and which may or may not be interacted with / transacted even outside the Game), and land credits that can be used to redeem GOALAND (“Land Credits”).

Changes or Discontinuance of the Service

We reserve the right to modify or discontinue the Game or Service at any time (including by limiting or discontinuing certain features of the Game or Service) without notice to you. We will have no liability whatsoever on account of any change to the Game or Service.

Cheating

We prohibit cheating, and we constantly take steps to improve our anti-cheat measures. Cheating includes any action that attempts to or actually alters or interferes with the normal behavior or rules of a Service. Cheating includes, but is not limited to, any of the following behavior, on your own behalf or on behalf of others:

  • Accessing our Game or Service in an unauthorized manner (including using modified or unofficial third party software);
  • Playing with multiple accounts for the same Game or as part of the Service;
  • Sharing accounts;
  • Using any techniques to alter or falsify a device’s location (for example through GPS spoofing); and/or
  • Selling or trading accounts.

Apps may not work on devices that We detect or reasonably suspect to be cheating, and We will not provide support to players who attempt to cheat. You agree that We may employ any lawful mechanisms to detect and respond to cheating, fraud, and other behavior prohibited under these Terms, including checking your device for the existence of exploits or hacking and/or unauthorized software. Please see our Privacy Policy for more information.

Location-Based Data, Privacy and Your Interactions with Other People

Gate of Abyss is a location-based game, and Users are required to enable their location permissions while playing the Game or accessing our Service. You agree that in conjunction with your use of the Game or Service, you will maintain safe and appropriate contact with other players and other people in the real world. You will not harass, threaten or otherwise violate the legal rights of others. You will not trespass, or in any manner attempt to gain or gain access to any property or location where you do not have a right or permission to be, and will not otherwise engage in any activity that may result in injury, death, property damage, nuisance, or liability of any kind. If you have a dispute with any third party relating to your use of the Game or Service, you release Us (and our officers, directors, agents, subsidiaries, joint ventures, and employees) from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

Third-Party Services

We may provide tools through the Service that enable you to export information to third-party services, including through features that allow you to link your account with an account on a third-party service, such as Twitter or Facebook, or through our implementation of third-party buttons (such as “like” or “share” buttons). Third-party services are not under our control, and we are not responsible for any third-party service’s use of your exported information. The Service may also contain links to third-party websites. Linked websites are not under our control, and we are not responsible for their content. If you click on a linked website, we are not responsible for such website’s use of your data. You agree that your use of the Service may incur third-party fees, such as fees charged by your carrier for data usage, and may be subject to third-party terms, such as your carrier’s terms of service, and you agree to pay all such fees and abide by all such terms. By using the Service, you expressly relieve Us from any and all liability arising from your use of any third-party website or third-party services. It is important to note that We will never contact you to ask for your passwords, or for your wallet seed phrases, and it is your responsibility to protect all your personal information (including those relating to security) safely.

Accounts

Your Account

To access some of the Service features on the Platform, you will need to create an account (“Account”). When you register for an Account or update the information, you agree to provide Us an accurate age and information that you will keep up-to-date at all times (providing inaccurate information is a violation of these Terms). You may never allow anyone else to use your Account (except your parents or legal guardian). If you have reason to believe that your Account is no longer secure, then you must immediately notify Us by way of email to  [email protected]. You agree that we may take steps to verify the accuracy of information you provide, including contact information for a parent or guardian.

Suspension/Termination

If you violate any provision of these Terms, your permission to use the Service will terminate automatically. In addition, we may, in our sole discretion, (a) suspend or terminate your Account and/or your access to the Service, or (b) remove any of your Content Services, at any time, without notice for any reason. We will have no liability whatsoever as a result of any suspension or termination of your access to or use of the Service. If you are under 18, your parent/guardian may request the termination of your Account by contacting customer service by way of email to  [email protected].

Account Access and Security

Access to the Platform is provided via a third party private key manager selected by you. Security and secure access to each account in the Platform is provided solely by the third party private key manager you select to administer your private key. You and the third party private key manager selected by you are entirely responsible for security related to access of the Platform and all information provided by you to such third-party provider (including without limitation, email or phone number). We bear no responsibility for any breach of security or unauthorized access to your account. You are advised to: (1) Avoid any use of the same password with your selected third party private key manager that you have ever used outside of the third party private key manager; (2) Keep your password and any related secret information secure and confidential and do not share them with anyone else. You are solely responsible for maintaining the confidentiality of your password and for restricting access to your devices. You are solely responsible for any harm resulting from your disclosure, or authorization of the disclosure, of your password or from any person’s use of your password to gain access to your Account. You must immediately notify Us of any unauthorized use of or access to your Account, password, or other breach of security. We will not be liable for any loss or damage (of any kind and under any legal theory) to you or any third party arising from your inability or failure for any reason to comply with any of the foregoing obligations, or for any reason whatsoever, except fraud on our part. We cannot and will not be liable for any loss or damage arising from your sharing or other loss of your private key or related information, or any other damage or loss arising from unauthorized access to your Account. Transactions that take place using the Platform are confirmed and managed via the Ethereum and Binance Smart Chain networks. You understand that your Ethereum/Binance Smart Chain wallet public address may be made publicly visible whenever you engage in a transaction using the Platform.

Currencies

Gold 

Gold is solely a currency used in the Game (“Gold”). Gold can never be sold, transferred, or exchanged for real money (fiat). You agree that you will only obtain Gold through means provided by Us, and not through any third-party platform, broker, or other mechanism, unless expressly authorized. Any such sale, transfer, or exchange (or attempt to do so) is prohibited and may result in the termination of your Account.

Gin

Gin ($gin) is a cryptocurrency that exists in the Game, and also on the blockchain, on the Ethereum Mainnet and Binance Smart Chain networks (“Gin”). The only smart contract (token) address for Gin is 0xb56eae36fc86513807d2fcb53c4434fc58582c26, and We assume no responsibility if Users engage with any other smart contract (token) address relating to Gin. As a cryptocurrency, Gin can be bought and sold on exchanges, whether decentralized or centralized (“Exchange”). You agree that you will only buy or sell Gin through means provided by Us, and not through any third-party platform, broker, or other mechanism, unless expressly authorized. If and when Gin is listed on any Exchange, we will make such information publicly available, through our official sources. If Users buy, sell or trade Gin, or attempt to buy, sell or trade Gin through any sources not authorized by us, we assume no responsibility for any complications, compromises, or other undesired outcomes experienced by the User.

Items

You understand that the Game is completely free to play, and it is your sole decision to purchase any Digital Assets or in-game items (non-NFTs) (“Items”). We do not, and will not, compel you or other Users to make payments for our products and services, and any such purchases made through the Service is at your own will. You agree that you will only obtain Digital Assets and Items from Us or other Account holders through means provided by Us, and not through any third-party platform, broker, or other mechanism, unless expressly authorized. All Digital Assets and Items are provided “as is,” without any warranty, except where prohibited under applicable law.

NFTs

Premium items are NFTs, which are a part of Digital Assets. They cannot be earned through the Game. NFTs can be traded through our Service or through OpenSea (https://opensea.io/) (“OpenSea”). When Users trade NFTs and other Digital Assets through OpenSea, they have to agree and accept the Terms & Conditions of those third party websites. We are not responsible, and will not assume any liability pertaining to the services offered by other websites, and we strongly recommend Users to trade on our Service.

Non-NFTs

Certain features permit Users to capture and trade Items, including but not limited to characters, potions, skills, weapons, armor, or other items, which are all non-NFTs, during gameplay. Items are a category of Content Services, and you acknowledge that you do not acquire any ownership rights in or to Items. Unlike NFTs and Digital Assets, Items cannot be bought or sold through our Service and they cannot be traded for or with fiat currency, and they can only be bought / sold through the Game.

Soft-NFTs

When Users purchase GOALAND from Us, these are primary market transactions. GOALAND are sold by Us as soft-NFTs. Users who purchase GOALAND from Us receive them as a virtual e-commerce product, but they can convert these virtual e-commerce products (i.e. their GOALAND) to NFTs at any point, by paying the prevailing gas fees on the Ethereum network. There are no additional charges for converting GOALAND from a non-NFT, to an NFT. For Users to sell GOALAND through our Service, or through OpenSea, they have to sell their GOALAND plots as NFTs. The process for Users to convert GOALAND from a non-NFT to an NFT, is by minting their GOALAND which they have purchased from Us. After the minting process, their GOALAND non-NFT no longer exists, since it has been converted to an NFT. 

GOALAND and Land Credits

Land Credits can be purchased through our Service, and all purchases are final. By using our Service, you agree that We will not accept or process any refunds pertaining to your purchases. Land Credits can be redeemed for GOALAND, at a ratio of 1:1. Land Credits have no expiry date. 

Making Payments, Receiving Payments, Billing, Refundability

Purchases made through the Service are limited to Account holders who either (a) are the age needed to consent to a contract in their country of residence; or (b) if younger, have the consent of a Parent to use the Service. Parents can consult their device settings for the App to restrict in-app purchases by a Child, and should also monitor activity in their Child’s Account, including the purchase of Digital Assets, GOALAND plots, virtual money or virtual goods.

TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, THE TIPSY COMPANY DECLINES ANY RESPONSIBILITY REGARDING ANY ACTIVITIES CONDUCTED BY A CHILD WITH OR WITHOUT THE PERMISSION OF A PARENT. IF YOU ARE A PARENT AND YOU GIVE YOUR PERMISSION FOR YOUR CHILD TO REGISTER FOR ONE OF THE SERVICE, YOU THEREBY AGREE TO THE TERMS RELATING TO USE OF THE SERVICE BY YOUR CHILD. 

You are not allowed to use the Game or Service to buy, sell, or transfer stolen items, fraudulently obtained items, items taken without authorization, and/or any other illegally obtained items.

Making Payments through the Service

Through the Service, you will be able to make payments (as the “Payor”) for Digital Assets (including NFTs that are compatible with the Game, GOALAND, Land Credits, or Content Services). When you make payments through our Service, you will be making payments for those items directly to Us or other Users. Unless otherwise expressly stated in these Terms or unless otherwise agreed to, all payments are final and non-refundable, except as required by applicable law. This includes any purchase you make of GOALAND plots, or any other Digital Assets that are compatible with the Game or Ecosystem:- all sales are final and non-refundable, and we cannot, and will not guarantee any future profits on any purchases you make as part of this Service. You represent and warrant that you have the authority and right to use the payment method selected by you and that such payment method has sufficient credit or funds available to complete your payment. We reserve the right to close any account with unauthorized charges. You understand that the Game is completely free to play, and it is your sole decision to purchase any Digital Assets. We do not, and will not, compel you or other Users to make payments for our products and services, and any such purchases made through the Service is at your own will. 

Receiving Payments through the Service

Anything that a User receives payments for through the Service is a transaction between the User and the Payor, with Us acting solely as a facilitator by providing the User and Payor with the Service. This includes GOALAND owners who receive a cut from all in-game transactions that take place on their land plots, and this income (“Income”) is distributed in Gin. You understand and agree that we do not guarantee the distribution of any Income, nor we do not guarantee the frequency of such Income (if any), nor we do not guarantee the amount(s) of such Income (if any). Our Service relies on various mechanisms, algorithms and data to administer any Income you receive and we will not assume responsibility if any part of the Service experiences down-time or lags, resulting in less, or no Income disbursed to you. Our Service also allows for Users to list their Digital Assets (including land plots and NFTs) through our integrated marketplace. We may take a commission on those payments for providing the Service, certain parts of customer service, moderation, and other services. The commission (including the amounts and frequency of Income payments you may receive) may be changed by Us at any time for any reason. For a consistent User experience and as a convenience to all, we process all payments through the Service. Users receive payments in accordance with any additional terms, policies, rules, and guidelines applicable to the Service.

Intellectual Property

Ownership of our Intellectual Property

The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service (“Intellectual Property” or “IP”) are protected by law. All IP contained in the Service is our property or our Users’ or third-party licensors’ property. The IP includes UGC that has been licensed to Us by our Users. Except as expressly authorized by Us in these Terms, you may not make use of any IP contained in the Service unless you get separate permission from Us. We reserve all rights to the IP not granted expressly in these Terms.

License

Subject to your ongoing compliance with these Terms, we grant you a non-exclusive, personal, limited, revocable, non-transferable license to use the Service on compatible devices that you own or control for your personal, entertainment use. This includes the right to download and use software that we make available for download as part of the Service, in object code form only.

This software is licensed, not sold, to you for use only pursuant to the Terms and only in connection with your use of the Service.

Restrictions

You may not rent, lease, lend, sell, redistribute or sublicense any portion of the Service, including software and including the Game – except the buying and selling of the digital land, or taking part in land sale options, or buying and selling other Digital Assets, as authorized by our Service. You may not copy, distribute, publicly perform, publicly display, decompile, reverse engineer, disassemble, attempt to derive the source code, modify, or create derivative works of the Service or any downloaded or underlying software or technology (except as and only to the extent any foregoing restriction is prohibited by applicable law), nor attempt to disable or circumvent any security or other technological measure designed to protect the Service, including any protections for Content Services.

Breach

If you breach these license restrictions, or otherwise exceed the scope of the licenses granted herein, you may be subject to prosecution and damages, as well as liability for infringement of intellectual property rights.

Updates

These Terms will govern any updates provided to you by Us that replace and/or supplement any part of the Service, unless such update is accompanied by a separate license, in which case the terms of that license will govern.

User Generated Content – Users

Ownership of UGC and License Grant to Gate of Abyss. For any UGC that you have ever Provided or that you will Provide (whether created solely by you or together with others) (a) between you and Us or you and Users, you retain all copyrights that you may hold in the UGC, and (b) in consideration of using the Service, you grant Us a perpetual, irrevocable, worldwide, non-exclusive, royalty-free right and license (with the right to sublicense to any person or entity, whether a User of the Service or not) to host, store, transfer, publicly display, publicly perform (including by means of digital audio transmissions and on a through-to-the-audience basis), reproduce (including in timed synchronization to visual images), modify, create derivative works of, distribute, and use in any way the UGC that you provide, in whole or in part, including modifications and derivative works, in any media or formats (tangible or intangible) and through any media, items or channels (online, offline, or others, now known or hereafter developed), including for publicity and marketing purposes (except that you are not granting Us any license to make new or derivative video games using your UGC). When using the Service, you may be prompted to grant other Users the right to use your UGC. 

UGC Representations and Warranties; Rights in UGC.

You are solely responsible for your UGC and you represent and warrant that: You are the creator and owner of, or have the necessary licenses, rights, consents, and permissions, to use and to authorize Us to exploit the license that you grant to Us hereunder; and Your UGC, and the use of your UGC as contemplated by these Terms, does not and will not: (I) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (II) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; (III) require Gate of Abyss or The Tipsy Company to obtain any further licenses from or pay royalties or compensation or other amounts or provide any attribution to any third parties; (IV) result in a breach of contract between you and a third party; or (V) cause Us to violate any law or regulation.

UGC Disclaimer

We are under no obligation to edit or control UGC that you or others Provide, and will not be in any way responsible or liable for UGC. We may, however, at any time and without prior notice, screen, remove, edit, or block any UGC that in our sole judgment violates these Terms or is otherwise objectionable. You understand that when using the Service, you will be exposed to UGC from a variety of sources and acknowledge that UGC may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against Us with respect to UGC. If notified by a User or content owner that UGC allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the UGC, which we reserve the right to do at any time and without notice. For clarity, we do not permit copyright-infringing activities on the Service. Please alert Us of any inappropriate UGC or other materials you find on the Service immediately, by way of email to [email protected].

Copyright Act

Our policies prohibit you from Providing UGC that infringes on any copyrights. If you believe there is any infringement, please contact the UGC directly. There are times when We are no longer able to intervene should there be a claim of infringement. We do not retain control over Digital Assets sold or minted on the Platform. Assets sold or minted through the Platform are property of the User, who retains sole control. We provide a service to create, but the User ultimately retains control. As such, copyright claims must be directly addressed with the User.

We would be pleased to assist with the process to ensure that UGC that does infringe, is resolved. Please contact Us at [email protected], and state the following: A description of the material that you claim is infringing and where it is located, your address, telephone number, and email address, a statement by you that you have a good faith belief that the use of those materials is not authorized by the copyright owner, its agent, or the law, and a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

Trademark Infringement

Our policies prohibit you from Providing UGC that infringes trademarks. If you believe there is any infringement, please contact the UGC directly and note that we are not able to mediate disputes between Users and the holders of trademark rights. There are times when We are no longer able to intervene should there be a claim of infringement. We do not retain control over assets sold or minted on the Platform. Assets sold or minted through the Platform are property of the User, who retains sole control. We provide a service to create (such as being able to construct buildings in-game), but the User ultimately retains control. As such, trademark infringement claims must be directly addressed with the User.

We will look into and try to resolve any allegations of trademark infringement. Therefore, if you feel that your trademark rights are being infringed, contact Us at [email protected]. When you contact Us, please provide the following information in writing: An electronic or physical signature of the person authorized to act on behalf of the owner of the trademark, a description of the trademark right that you claim has been infringed, a description of the material that you claim is infringing and where it is located, your address, telephone number, and email address, a statement by you that you have a good faith belief that the use of those materials is not authorized by the trademark owner, its agent, or the law, and a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the trademark owner or authorized to act on the copyright or intellectual property owner’s behalf.

Third-Party Materials

Third-Party Materials Disclaimer. Certain portions of the Service may include, display, or make available content, data, information, applications or materials from third parties (Third-Party Materials). You understand that by using the Service, you may encounter Third-Party Materials, such as third-party advertisements and promotional content that may be deemed offensive indecent or objectionable which content may or may not be identified as explicit language and that may contain links or references to objectionable material. Nevertheless, you agree to use the Service at your sole risk and that we shall not have any liability to you for content that may be found to be offensive, indecent, objectionable, inaccurate, incomplete, untimely, invalid, illegal, of poor quality or otherwise. Online Safety. If you see any content or materials (including Third Party Materials) on the Service that appears to recruit, entice, advertise, or solicit any person to perform a commercial sexual act, please immediately report the User and situation at [email protected]. Use at Own Risk. In addition, third party services (as discussed above) and Third-Party Materials that may be accessed from, displayed on or linked to from your device are not available in all languages or in all countries. We make no representation that such services and materials are appropriate or available for use in any particular location. To the extent you choose to access such services or materials, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. Indemnity. You agree that you will be responsible for your use of the Service, and you agree to defend and indemnify Us and our officers, directors, employees, consultants, affiliates, investors, business partners, subsidiaries and agents (together, the “Affiliated Parties”) from and against every claim, liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or in any way connected with: (1) your access to, use of, or alleged use of the Service; (2) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (3) your violation of any third-party right, including any intellectual property or proprietary right, publicity or privacy right, property right, or confidentiality obligation; or (4) any Dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of that claim.

Disclaimers; No Warranties.

“As is.” The service and all materials and content available through the service are provided “as is” and on an “as available” basis, without warranty or condition of any kind, either express or implied. To the maximum extent permitted by applicable law, the affiliated parties disclaim all warranties of any kind, whether express or implied, relating to the service and all materials and content available through the service, including: (1) any implied warranty of merchantability, fitness for a particular purpose, title, quiet enjoyment, or non-infringement; and (2) any warranty arising out of course of dealing, usage, or trade. The affiliated parties do not warrant that the service or any portion of the service, or any materials or content offered through the service, will be uninterrupted, secure, or free of errors, viruses, or other harmful components, and do not warrant that any of those issues will be corrected. No Responsibility. No advice or information, whether oral or written, obtained by you from Us or any materials or content available through the service will create any warranty regarding any of the affiliated parties or Us that is not expressly stated in these terms. You assume all risk for any damage that may result from your use of or access to the service, your dealing with any other Users on the service, and any materials or content available through the service. You understand and agree that you use the service, and use, access, download, or otherwise obtain materials or content through the service and any associated sites or services, at your own discretion and risk, and that you are solely responsible for any damage to your property (including your computer system or mobile device used in connection with the service), or the loss of data that results from the use of the service or the download or use of that material or content. These limitations apply to the maximum extent permitted by applicable law.

Assumption of Risk

CRYPTOCURRENCY (INCLUDING GIN) AND NFTs EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED IN THE ASSOCIATED BLOCKCHAIN (E.G., ETHEREUM NETWORK). ANY TRANSFERS OR SALES OCCUR ON THE ASSOCIATED BLOCKCHAIN (E.G., ETHEREUM). WE AND/OR ANY OTHER RELATED PARTY TO US CANNOT EFFECT OR OTHERWISE CONTROL THE TRANSFER OF TITLE OR RIGHT IN ANY NFTs, CRYPTOCURRENCY, OR UNDERLYING OR ASSOCIATED CONTENT OR ITEMS.

WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY SUSTAINED LOSSES OR INJURY DUE TO VULNERABILITY OR ANY KIND OF FAILURE, ABNORMAL BEHAVIOR OF SOFTWARE (E.G., WALLET, SMART CONTRACT), BLOCKCHAINS OR ANY OTHER FEATURES OF THE NFTs OR CRYPTOCURRENCY. WE ARE NOT RESPONSIBLE FOR LOSSES OR INJURY DUE TO LATE REPORTS BY DEVELOPERS OR REPRESENTATIVES (OR NO REPORT AT ALL) OF ANY ISSUES WITH THE BLOCKCHAIN SUPPORTING THE NFTs, THE CRYPTOCURRENCY (INCLUDING GIN), INCLUDING FORKS, TECHNICAL NODE ISSUES OR ANY OTHER ISSUES HAVING LOSSES OR INJURY AS A RESULT.

You accept and acknowledge:

  • The value of GOALAND, cryptocurrency (including Gin) or NFTs are subjective. Prices of GOALAND, cryptocurrency and NFTs are subject to volatility and fluctuations in the price of cryptocurrency can also materially and adversely affect NFT prices. You acknowledge that you fully understand this subjectivity and volatility and that you may lose money.
  • By using our Game and / or Service, you understand and acknowledge that We will collect and utilize your location data along with any other User data for purposes including, but not limited to: enhancing your user experience and analyzing Users data pertaining to GOALAND valuation plots.
  • We may run promotions, time-limited offers and offer discounts or incentives (“Promotions”) for Users buying Digital Assets, Items, Land Credits, GOALAND, and any other product or service sold through the Game or Service. You acknowledge that all purchases made through our Game or Service are final, and We will not offer any rebates if products or services you have previously purchased are being sold at discounted rates, whether as part of a past-Promotion, an ongoing Promotion, or a future Promotion.  
  • At our sole discretion, selected Users may receive access to privileged pricing or access to our Promotion, complimentary Digital Assets, Items, GOALAND, Land Credits and / or other incentives through our Game or Service.
  • The regulatory regime governing blockchain technologies, non-fungible tokens, cryptocurrency, and other crypto-based items is uncertain, and new regulations or policies may materially adversely affect the development of the Service and the utility of Gin or NFTs.
  • You are solely responsible for determining what, if any, taxes apply to your transactions and to withhold, collect, report, and remit the correct amounts of taxes to the appropriate tax authorities. We are not responsible for determining, withholding, collecting, reporting, or remitting the taxes that apply to your NFTs, Gin or your Income.
  • When purchasing NFTs or cryptocurrency outside of our Service, there are risks associated with purchasing items associated with content created by third parties through peer-to-peer transactions, including but not limited to, the risk of purchasing counterfeit items, mislabeled items, items that are vulnerable to metadata decay, items on smart contracts with bugs, and items that may become untransferable. You represent and warrant that you have done sufficient research before making any decisions to sell, obtain, transfer, or otherwise interact with any cryptocurrency, NFTs or accounts/collections.
  • We do not control the public blockchains that you are interacting with and we do not control certain smart contracts and protocols that may be integral to your ability to complete transactions on these public blockchains. Additionally, blockchain transactions are irreversible and We have no ability to reverse any transactions on the blockchain.
  • There are risks associated with using Internet and blockchain based products, including, but not limited to, the risk associated with hardware, software, and Internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to your third-party wallet or Account. You accept and acknowledge that We will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the Service or any Blockchain network, however caused.
  • The Service relies on third-party platforms and/or vendors. If we are unable to maintain a good relationship with such platform providers and/or vendors; if the terms and conditions or pricing of such platform providers and/or vendors change; if we violate or cannot comply with the terms and conditions of such platforms and/or vendors; or if any of such platforms and/or vendors loses market share or falls out of favor or is unavailable for a prolonged period of time, access to and use of the Service will suffer. We reserve the right to hide collections, contracts, and items affected by any of these issues or by other issues. Items you purchase may become inaccessible on the Game or Service. Under no circumstances shall the inability to view items on our Game or Service, or an inability to use the Service in conjunction with the purchase, sale, or transfer of items available on any blockchains serve as grounds for a claim against Us.

If you have a dispute with one or more users, YOU RELEASE US FROM CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. IN ENTERING INTO THIS RELEASE YOU EXPRESSLY WAIVE ANY PROTECTIONS (WHETHER STATUTORY OR OTHERWISE) THAT WOULD OTHERWISE LIMIT THE COVERAGE OF THIS RELEASE TO INCLUDE THOSE CLAIMS WHICH YOU MAY KNOW OR SUSPECT TO EXIST IN YOUR FAVOR AT THE TIME OF AGREEING TO THIS RELEASE.

Limitation on Liability

No Consequential Damages. To the maximum extent permitted by applicable law, in no event will the affiliated parties be liable to you for any indirect, incidental, special, consequential or punitive damages (including damages for loss of profits, goodwill, or any other intangible loss) arising out of or relating to your access to or use of, or your inability to access or use, the service or any materials or content on the service, whether based on warranty, contract, tort (including negligence), statute, or any other legal theory, and whether or not we have been informed of the possibility of damage. Cap. To the maximum extent permitted by applicable law, you agree that the aggregate liability of the affiliated parties to you for all claims arising out of or relating to the use of or any inability to use any portion of the service or otherwise under these terms, whether in contract, tort, or otherwise, is limited to $1,000 (except as noted in the arbitration section below). Basis of Bargain. Each provision of these terms that provides for a limitation of liability, disclaimer of warranties, or exclusion of damages is to allocate the risks under these terms between the parties. This allocation is an essential element of the basis of the bargain between the parties. The limitations in this section will apply even if any limited remedy fails of its essential purpose.

Dispute Resolution, Arbitration and No Class Actions

No Class Actions and Severability

You and we agree that each may bring claims against the other only in your or our individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. You and we agree as follows: (a) neither you nor we will seek to have a Dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity; (b) no arbitration or proceeding can be combined with another without the prior written consent of all parties to the arbitration or proceeding; and (c) if the class action waiver or any part of this section is found to be illegal or unenforceable as to all or some parts of a Dispute, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration.

Governing Law

These Terms are governed by the laws of Marshall Islands without regard to conflict of law principles. If a lawsuit or court proceeding is permitted under these Terms, you and we agree to submit to the personal and exclusive jurisdiction of the state courts for the purpose of litigating any Dispute.

Waiver

No waiver of any part of these Terms by either you or Us shall be deemed a continuing or further waiver of any such part or any other part of the Terms, and your or our failure to assert any rights or part of these Terms shall not be deemed or otherwise constitute a waiver of such right or part.

General

These Terms, together with the other documents expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and Us regarding your use of the Service. Except as expressly permitted in these Terms, these Terms may be amended only by a written agreement signed by authorized representatives of all parties to these Terms. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time to any entity without notice or consent. This Agreement shall be binding upon and inure to the benefit of the parties and their successors and permitted assigns. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible (or, if it cannot legally be given any effect, will be severed from these Terms), and the remaining parts will remain in full force and effect. Nothing in these Terms shall be deemed to confer any rights or benefits on a third party. You and we agree that any cause of action arising out of or related to the service must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

Consent to Electronic Communications

By using the Service, you consent to receiving certain electronic communications from Us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about your choices regarding our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.

Compliance with Laws

You will comply with all laws in your use of the Service, including any applicable export laws. You will not directly or indirectly export, re-export, or transfer the Service to prohibited countries or individuals or permit use of the Service by prohibited countries or individuals. Contact Information: [email protected] or reach out to Us via Discord at http://discord.gg/tipsycoin