Gaming Arcade is an application leveraging the Polygon blockchain network, allowing users to own, transfer Matic in case of win or lose (In a game). Through the App and Website, users can view their tickets and obtain tickets packs. Zelta Labs LLC. operating as Gaming Arcade ("Gaming Arcade," "we," or "us") provides access to the App and Website. However, before utilizing the App or the Site, you must review these Terms of Use and any incorporated terms and conditions (collectively, "Terms"). Our Privacy Policy outlines how we collect, use, store, and disclose your personal information and is incorporated into these Terms. By using the App, you consent to the collection, use, storage, and disclosure of your data in accordance with our Privacy Policy.

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE APP OR THE SITE. THEY GOVERN YOUR USE OF THE APP, THE SITE, AND ANY PURCHASES UNLESS WE HAVE A SEPARATE WRITTEN AGREEMENT WITH YOU. WE ONLY PROVIDE ACCESS TO THE APP AND THE SITE IF YOU ACCEPT ALL THESE TERMS. BY USING THE APP AND/OR THE SITE, OR ANY PART THEREOF, YOU CONFIRM YOU UNDERSTAND AND AGREE TO BE BOUND BY ALL THESE TERMS. IF YOU ACCEPT THESE TERMS ON BEHALF OF A COMPANY OR OTHER ENTITY, YOU REPRESENT YOU HAVE THE LEGAL AUTHORITY TO DO SO, AND "YOU" REFERS TO THAT ENTITY. IF YOU LACK SUCH AUTHORITY OR DISAGREE WITH THESE TERMS, WE CANNOT PROVIDE ACCESS TO THE APP OR THE SITE. IF YOU DISAGREE, YOU MAY NOT ACCESS OR USE THE APP OR THE SITE

1. KEY DEFINITIONS

• “Tickets” means the digital collectible in-app currency we offer.
• “Smart Contracts” means the computer code executed in response to transactions published on the Polygon blockchain that generates a consistent and verifiable result.
• “Zelta Labs LLC. d/b/a Gaming Arcade” means the Zelta Labs LLC Corporation that owns the Gaming Arcade App and Site.

2. The App and Website

The App is accessible through a supported web browser on desktop or mobile devices. Engaging in digital assets transactions may require third-party tools and services.

In-app currency(Digital Assets) transactions on the App/ Website are processed and validated through the fiat network. You acknowledge that your transaction address will be visible during transactions on the App or Website.

We do not own or control the Polygon network, or any third-party sites, products, or services you may access to utilize the App's/ Websites features. We are not liable for the actions or omissions of such third parties, nor for any damages resulting from your transactions or interactions with them.

When creating an account for the App or Website, you must provide accurate and complete registration information. By creating an account, you agree to furnish precise, up-to-date, and comprehensive account details, and to promptly update them as needed. You are responsible for the security of your account and associated digital assets wallet (including other Polygon wallets and accounts). If you discover any unauthorized use of your password or account, you agree to notify us immediately at[email protected].

3. Fees and Payment

If you decide to buy or interact with ticket packs or tickets on the App, or with other users through the App, all financial transactions will be carried out exclusively on the fiat network. We won't have control over these payments or transactions, and we can't reverse any transactions. You acknowledge that we're not liable to you or any third party for any claims or damages arising from transactions you make via the App or other transactions on the fiat networks.

Currently, all digital asset transactions occur solely on the Polygon network. We plan to integrate additional networks in the future. We won't have visibility into or control over these payments or transactions, and we can't reverse any transactions. You acknowledge that we're not liable to you or any third party for any claims or damages arising from transactions you make via the App or other transactions on the Polygon or other blockchain networks.

On the Polygon network, every transaction requires Matic. So, you'll need to make sure you have enough Matic in your account to transact on the App/ Website.

Regarding taxes, you're solely responsible for paying any applicable sales, use, value-added, or other taxes associated with your use of the App or website. This includes taxes related to owning, or acquiring your Matic. You agree to cover all taxes imposed by any governmental authority, except for income taxes on Gaming Arcade. This means you'll pay or reimburse us for any national, federal, state, local, or international taxes, duties, or assessments now or in the future. You won't deduct these taxes from payments you make to us under these Terms.

4. Purchasing Tickets

When you make payments through any payment method, you do so at your own risk. Gaming Arcade explicitly disclaims any liability related to the purchase of Tickets offered through the Gaming Arcade Store.

You confirm that:

1. You are at least 13 years old.
2. The payment account you use to purchase tickets is either in your name or you have authorisation to use it.
3. The digital assets wallet you use to play game is either in your name or you have authorisation to use it.
4. The information you provide is accurate and true.

All payments are processed by Gaming Arcade. Due to the processing methods of our currency payment processors, there may be delays in receiving the Tickets you purchase or are awarded.

Every transaction is subject to the Terms and Conditions applicable at the time of the transaction, specifically for use in the Gaming Arcade Platform. Tickets are exclusively for players looking to buy Gaming Arcade Tickets and/or items from the Gaming Arcade Shop. Any other use of Tickets is strictly prohibited, and Gaming Arcade will prevent your account from purchasing Tickets if such use is detected.

Users are strictly prohibited from using Tickets to buy items in Gaming Arcade from their own accounts or other accounts they control in exchange for digital assets. This action is a clear violation of the Terms and Conditions, and Gaming Arcade disclaims any liability associated with such transactions.

If Gaming Arcade detects any attempt by a user to engage in such activity, it reserves the right to block the user's account from accessing the game website and/or mobile application, as well as preventing them from purchasing Tickets.

Gaming Arcade may, at its discretion, impose transaction limits on the purchase of Tickets by any user. Additionally, Gaming Arcade reserves the right to set limits on the number of Tickets a player can use to buy in-game items or tickets from other players.

By using the App, you confirm that you are at least 13 years old, as the App is not intended for children under 13. If you are 13 or older but under 13, or under the legal age of majority in your jurisdiction if it is older than 13, you agree to review these Terms with your parent or guardian to ensure mutual understanding and agreement. If you are a parent or guardian agreeing to these Terms on behalf of a child over 13, you assume full responsibility for the child’s use of the App, including any financial charges and legal liability incurred.

5. Ownership and Restrictions

You acknowledge and agree that, unless otherwise stated, we (or our licensors) own all legal rights, title, and interest in all elements of the App, including all intellectual property rights. The visual interfaces, graphics, design, systems, methods, information, computer code, software, services, and all other elements of the App ("Gaming Arcade Materials") are owned by Gaming Arcade and are protected by various laws and conventions. All Gaming Arcade Materials are copyrighted property, and all trademarks and trade names are proprietary to Gaming Arcade or its licensors. Your use of the App does not grant you ownership or any other rights with respect to any content or materials accessed through the App. We reserve all rights in and to the Gaming Arcade Materials not expressly granted to you.

You may provide feedback about the App ("Feedback"), which we may use at our discretion without additional compensation to you. By submitting Feedback, you grant us a license to use it for any purpose.

You are responsible for your conduct while using the App or Website and agree to use it only for legal and proper purposes. Prohibited actions include distributing objectionable content, uploading malicious software, impersonating others, infringing intellectual property rights, engaging in illegal activities, interfering with others' use of the App or Website, exploiting it for commercial purposes, modifying or reverse engineering it, removing notices, displaying hate-related or violent content, using automated tools, creating false accounts, competing with our products or services, and using automated players in specified contexts. Violation of these rules may result in consequences determined by the App's administrators. By using the App, you agree to abide by these rules.

6. COMPLIANCE WITH LAWS

6.1 Prohibited US States/Countries

You understand that there are specific laws, rules, and regulations governing sweepstakes, contests, and tournaments involving entry fees and prizes, known as "Gaming Laws," which are established by each US state, country, territory, or jurisdiction. 

As a result, Token Competitions are not available to users in any jurisdiction where such Competitions would be in violation of the Gaming Laws ("Prohibited Jurisdiction"), and you may not participate in Token Competitions if you are in any Prohibited Jurisdiction. In the United States, Prohibited Jurisdiction includes Arizona, Arkansas, Connecticut, Delaware, Louisiana, Montana, New Mexico, South Carolina, South Dakota, and Tennessee, and for card games, Prohibited Jurisdictions include Maine and Indiana. 

It is your responsibility to determine whether the state, country, territory or jurisdiction in which you are located is a Prohibited Jurisdiction. We reserve the right, although not obligated, to monitor your location while accessing our Services and block access from any Prohibited Jurisdiction.

6.2 Additional Laws

Along with Gaming Laws, you must comply with all city, state, and federal laws, rules, and regulations applicable to your location and use of Services, including but not limited to U.S. securities laws, commodities laws, money transmission regulations, and sanction and export laws (collectively referred to as "Applicable Laws"). It is your responsibility to abide by all Applicable Laws. Note that certain jurisdictions may not allow some or all of the Competitions, and may not be lawful for some or all residents or individuals present in those jurisdictions.

COMPETITIONS AND SERVICES MAY BE VOID OR RESTRICTED IN CERTAIN JURISDICTION BY APPLICABLE LAWS, AND YOUR PARTICIPATION IN COMPETITIONS IS SOLELY AT YOUR OWN RISK. WE ARE NOT RESPONSIBLE OR LIABLE IF YOUR ACCESS TO PARTICIPATION IS RESTRICTED OR PROHIBITED BY APPLICABLE LAWS. WE DO NOT PROVIDE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AS TO THE LEGALITY OF YOUR USE OF SERVICES OR PARTICIPATION IN ANY COMPETITION, AND NO PERSON AFFILIATED WITH US HAS THE AUTHORITY TO MAKE SUCH REPRESENTATIONS OR WARRANTIES. 

7. Gaming Arcade Fair Play Policy

The Gaming Arcade Fair Play Policy is designed to ensure fair and competitive gameplay among players, as mandated by Gaming Arcade community members through a governance vote requiring super-majority approval.

This policy specifically applies to the following gaming formats within Gaming Arcade:

• 1 VS 1
• Open Challenges
• Custom Rooms
• Tournament

Under the Fair Play Policy, the following conduct is strictly prohibited in the listed battle formats:

1. No Automation:Players must not use any form of automation to interact with Gaming Arcade APIs or other services during active battles. All actions must be performed manually through the website, mobile app, or other approved front ends.

2. No External Assistance: Players are prohibited from receiving external assistance in any other decisions during active battles. This includes the use of battle helpers, bots, plugins, browser extensions, or any tools that analyze or aid in analysis of ongoing battles, whether automated or manual.

3. No Win-Trading:Players must not engage in "win-trading" or intentionally lose matches for any reason. Accounts found to be in violation of the Fair Play Policy in any of the specified formats may face consequences, including bans from certain battle formats and/or the use of website, mobile app, and related services, at the sole discretion of the Gaming Arcade.

Additionally, third-party tools and services, as well as their creators and operators, must adhere to the following restrictions under this policy:

• They may not offer any form of automation during active battles in the specified formats.
• They may not access data from Gaming Arcade APIs, website, mobile app, or any other source related to battles in the specified formats while battles are ongoing.
• They may not provide assistance or advice during active battles in the specified formats.

8. Termination

You have the right to terminate these Terms at any time by canceling your account on the App and Website and ceasing your use of the App and Website. Please note that no refunds will be issued upon account cancellation or termination of these Terms.

We reserve the right, at our sole discretion and without any obligation to provide justification, to terminate these Terms and suspend or terminate your access to the App and Website. Such suspension or termination may occur without prior notice, and we will not be liable to you or any third party for such actions. If we terminate these Terms or suspend/terminate your access to the App and Website due to your violation of these Terms or suspicion of fraudulent, abusive, or illegal activity, it will be in addition to any other legal remedies available to us.

Upon termination or expiration of these Terms, whether initiated by you or us, you may lose access to any information you have posted on the App or related to your account. We are not obligated to maintain such information in our databases or to provide it to you or any third party.

9. Limitation of Liability

You understand and agree that we, along with our subsidiaries, affiliates, and licensors, will not be liable to you or any third party for any indirect, incidental, special, consequential, or exemplary damages, regardless of the theory of liability, including but not limited to loss of profits, goodwill, business reputation, data, or the cost of procurement of substitute goods or services, even if we have been advised of the possibility of such damages.

You agree that our total liability to you for any and all claims arising out of or related to these Terms or your access to or use of the App and Website is limited to the lessor of (a) the amounts you actually paid us under these Terms in the 12-month period preceding the date the claim arose, or (b) $50. HAVING ONE OR MORE CLAIMS AGAINST US WON’T INCREASE YOUR LIABILITY BEYOND THAT LIMIT. OUR SUPPLIERS OR LICENSORS WILL HAVE NO LIABILITY FOR OUR PRODUCTS, INFORMATION, OR SERVICES IN ANY EVENT. You acknowledge and agree that we have provided the App and Website to you and entered into these Terms in reliance upon the warranty disclaimers and limitations of liability set forth herein, which form an essential basis of the bargain between us. Without these limitations, we would not be able to provide the App and Website to you. Some jurisdictions may not allow the exclusion or limitation of incidental or consequential damages, and some jurisdictions may limit disclaimers or limitations of liability for personal injury from consumer products. Therefore, the above limitations may not apply to personal injury claims in such jurisdictions.

10. Assumption of Risk

By using the App and Website, you acknowledge and accept the following:

10.1 Tax Responsibility:You are solely responsible for determining the taxes applicable to your Gaming Arcade-related transactions. Gaming Arcade does not provide tax advice or determine tax obligations related to transactions on the App, the Site, or any blockchain.

10.2 Blockchain Transactions:These exist on the Polygon network's supporting blockchain, and any transfers occur within the blockchain network, not on the App or Website itself.

10.3 Internet-based Currency Risks:Using Internet-based currencies, including blockchain assets, carries inherent risks such as hardware and software failures, Internet connection issues, and potential security breaches. Gaming Arcade is not liable for any communication failures, disruptions, errors, or delays experienced when using the Polygon network.

10.4 Ecosystem Development: The success of the Gaming Arcade ecosystem depends on user adoption and interest in distributed ecosystems. A lack of use or public interest could negatively impact the development and value of Gaming Arcade Cards and other items.

10.5 Regulatory Uncertainty:The regulatory landscape surrounding blockchain technologies, cryptocurrencies, and tokens is uncertain. New regulations or policies may have adverse effects on the Gaming Arcade ecosystem and other items.

10.6 Platform Upgrades and Forks:Changes or upgrades to the Polygon platform, including hard forks or alterations in transaction confirmation methods, may unintentionally impact all applications using the Polygon platform, including the Gaming Arcade ecosystem.

11. Indemnification

You agree to indemnify and hold harmless Gaming Arcade, its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers, or partners from and against any claims, liabilities, losses, damages (actual and consequential), suits, judgments, litigation costs, and attorneys’ fees arising from (i) your breach of these Terms, (ii) your misuse of the App, (iii) your violation of applicable laws, rules, or regulations in connection with your use of the App, or (iv) your breach of our Privacy Policy. You agree that Gaming Arcade will have control over the defense or settlement of any such claims.

12. External Sites

The App may contain hyperlinks to other websites or resources (referred to as "External Sites"), provided solely for user convenience. We have no control over External Sites. You acknowledge and agree that we are not responsible for the availability of External Sites and do not endorse any advertising, products, or materials on or made available from External Sites. You further acknowledge and agree that we are not liable for any loss or damage resulting from the availability or unavailability of External Sites, or from any reliance placed on the completeness, accuracy, or existence of any advertising, products, or materials on or made available from External Sites.

13. Changes to the App/ Website

We may revise and update these Terms of Use from time to time at our sole discretion. When we make changes, we will make the updated Terms available on the App and update the "Last Updated" date accordingly. These changes will apply to all access to and use of the App thereafter. Please check these Terms periodically for updates. Your continued access to or use of the App after the Terms have been updated will constitute your binding acceptance of the changes. If you do not agree to any revised Terms, you may not access or use the App or Website.

14. GOVERNING LAW AND JURISDICTION

14.1 ANY DISPUTES ARISING FROM OR RELATING TO THESE TERMS, INCLUDING DISPUTES REGARDING THEIR EXISTENCE, VALIDITY, OR TERMINATION, SHALL BE GOVERNED BY THE LAWS OF SAINT VINCENT & GRENADINES, EXCLUDING CONFLICTS OF LAW PRINCIPLES.

14.2 ANY DISPUTE ARISING FROM OR RELATING TO THESE TERMS, INCLUDING QUESTIONS ABOUT THEIR EXISTENCE, VALIDITY, OR TERMINATION, SHALL BE REFERRED TO AND FINALLY RESOLVED BY ARBITRATION ADMINISTERED BY THE SAINT VINCENT & GRENADINES INTERNATIONAL ARBITRATION CENTRE ("SVIAC") IN ACCORDANCE WITH THE ARBITRATION RULES OF THE SAINT VINCENT & GRENADINES INTERNATIONAL ARBITRATION CENTRE ("SVIAC RULES") CURRENTLY IN EFFECT, WHICH RULES ARE DEEMED TO BE INCORPORATED BY REFERENCE IN THIS CLAUSE. THE ARBITRATION SHALL TAKE PLACE IN SAINT VINCENT & GRENADINES. THE ARBITRATION PANEL SHALL CONSIST OF ONE (1) ARBITRATOR. THE LANGUAGE USED IN THE ARBITRATION PROCEEDINGS SHALL BE ENGLISH.

14.3 EXCEPT FOR DISPUTES SUBJECT TO ARBITRATION OR SMALL CLAIMS COURT AS OUTLINED HEREIN, BOTH PARTIES AGREE TO SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE COURTS LOCATED IN SAINT VINCENT & GRENADINES. ANY CLAIMS OR DISPUTES SHALL BE SUBJECT TO THE ARBITRATION PROVISIONS DETAILED BELOW.Disputes related to our privacy policy or these terms of service ("Dispute") shall be resolved through individual, non-representative binding arbitration in accordance with the rules of THE ARBITRATION ACT, CHAPTER 11 OF THE LAWS OF SAINT VINCENT AND THE GRENADINES, which governs arbitration proceedings. This Act outlines the legal framework for arbitration, including the appointment of arbitrators, the conduct of proceedings, and the enforcement of arbitral awards. However, disputes falling within the jurisdiction of a small claims court may be brought before such courts in the county (or equivalent) of your most recent physical address.

Disputes related to our privacy policy or these terms of service ("Dispute") shall be resolved through individual, non-representative binding arbitration in accordance with the rules of THE ARBITRATION ACT, CHAPTER 11 OF THE LAWS OF SAINT VINCENT AND THE GRENADINES, which governs arbitration proceedings. This Act outlines the legal framework for arbitration, including the appointment of arbitrators, the conduct of proceedings, and the enforcement of arbitral awards. However, disputes falling within the jurisdiction of a small claims court may be brought before such courts in the county (or equivalent) of your most recent physical address.
Any arbitration will be conducted by a single, neutral arbitrator and shall take place in Kingstown, Saint Vincent & the Grenadines. The arbitrator may award any relief that a court of competent jurisdiction could grant, including attorneys’ fees when authorized by law. The arbitral decision may be enforced in any court of competent jurisdiction. You hereby agree that this Agreement evidences a transaction within the jurisdiction of Saint Vincent & the Grenadines and is governed by THE ARBITRATION ACT, CHAPTER 11 OF THE LAWS OF SAINT VINCENT AND THE GRENADINES. We each agree that this Act shall govern whether a Dispute is subject to arbitration.

The arbitrator will conduct hearings, if necessary, through teleconference or videoconference, rather than in person, unless determined otherwise by the arbitrator upon request by you or us. In-person appearances, if required, will occur at a mutually convenient location, considering both parties' travel capabilities and other relevant factors. If location agreement cannot be reached, AAA or the arbitrator will decide. The arbitrator's decision will adhere strictly to the terms laid out in these Terms of Service and will be deemed final and binding. The arbitrator retains the authority to grant temporary, interim, or permanent injunctive relief or relief for specific performance of these Terms of Service, but only as necessary to provide adequate relief for the individual claim. Any decision made by the arbitrator may be enforced in any court with jurisdiction. However, notwithstanding the above, you still reserve the right to bring matters to the attention of federal, state, or local agencies, and where permitted by law, seek relief against us.

15. Waiver and Severability

No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition, nor a waiver of any other term or condition. The Company's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

16. Content Standards

These content standards apply to any contributions or use by you on the App or Site. Your contributions and use must comply in their entirety with all applicable federal, state, local, and international laws and regulations. Specifically, you must not:

• Provide material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
• Infringe any intellectual property or other rights of any person.
• Violate the legal rights (including rights of publicity and privacy) of others or contain any material that could give rise to civil or criminal liability under applicable laws or regulations.
• Be likely to deceive any person.
• Promote any illegal activity or assist unlawful acts.
• Impersonate any person or misrepresent your identity or affiliation.
• Involve commercial activities or sales, such as contests, sweepstakes, promotions, barter, or advertising.
• Misrepresent the origin or endorsement of content.

17. Not an Investment Company

The Company is not registered as an “investment company” under the Investment Company Act of 1940, as amended, or under equivalent laws of any other jurisdiction.

18. Defamation

You agree not to disparage or criticize the Company or its Affiliates, including their businesses, management, directors, business practices, or equity holders (the “Company Entities”). Furthermore, you agree not to engage in any activity that could disrupt the good morale or harm the interests or reputations of the Company Entities. Similarly, we agree not to publicly disparage or criticize you.

19. REFUNDS

Due to the irrevocable nature of the blockchain and our lack of control over user assets, we are unable to offer refunds on any purchases. Once digital assets (tickets) are purchased, they cannot be refunded.

20. PROPRIETARY RIGHTS

20.1 License of Services
Except for third-party software integrated into the Software or Service, Gaming Arcade owns all the technology, content, and other materials used, displayed, or provided in connection with the Services, including any intellectual property rights associated with them. Gaming Arcade grants you a limited, non-transferable, and revocable license to access and use the proprietary portions of the Services.

20.2 Trademarks
The names, logos, and marks of Gaming Arcade's products or services, which are used on the Site or as part of the Service, including Gaming Arcade's name and logo, are trademarks that belong to Gaming Arcade, its affiliates or its respective licensors. Without Gaming Arcade's (or the applicable licensor's) prior written consent, you may not copy, imitate, or use them.

20.3 User Content
By agreeing to these Terms, you are giving us permission to use any communication, materials, content, or information that you submit to us through the Site or Services ("Content"). This includes a worldwide, perpetual, unrestricted, royalty-free license to use, copy, modify, perform, transmit, distribute, publish, and display the Content, and you waive any moral rights you may have in the Content. We may use the Content for any purpose and are not liable to compensate you for it. However, if you use or share Content in a way that infringes on others' intellectual property or privacy rights, you are in breach of these Terms. You represent and warrant that you have all necessary rights for the Content you upload or share on the Services and that its use will not violate any Applicable Laws. If your Wallet is suspended, and your IP address terminated, we may permanently delete your Content from our servers, and we are not obligated to return it to you unless required by Applicable Law.

20.4 User Feedback
If you provide feedback to the Site, including but not limited to questions, requests, opinions, comments, suggestions, or ideas, such information will be considered the property of Gaming Arcade. Gaming Arcade will not be obligated to the User in any manner regarding such information and will have the unrestricted right to reproduce, use, disclose, and distribute the information to others without any limitations or need for a license. Gaming Arcade retains the freedom to utilize any ideas, concepts, know-how, or techniques found within such information for any purpose whatsoever.

21. General

These Terms constitute the entire legal agreement between you and Gaming Arcade, governing your access to and use of the App and Website, and completely replace any prior or contemporaneous agreements between the parties related to your access to or use of the App and Website, whether oral or written. There are no third-party beneficiaries to these Terms. The parties are independent contractors, and nothing in these Terms creates any agency, partnership, or joint venture. The language in these Terms will be interpreted as to its fair meaning and not strictly for or against any party. You may not assign any of your rights or obligations under these Terms, whether by operation of law or otherwise, without our prior written consent. We may assign our rights and obligations under these Terms at our sole discretion to an affiliate, or in connection with an acquisition, sale, or merger. Should any part of these Terms be held invalid or unenforceable, that portion shall be construed consistent with applicable law, and the remaining portions will remain in full force and effect. Our failure to enforce any provision of these Terms will not be deemed a waiver of such provision, nor of the right to enforce such provision. These Terms will be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, and the federal laws of the United States of America applicable therein, excluding its conflicts of law rules and principles. We will not be liable for any failure or delayed performance of our obligations that result from any condition beyond our reasonable control, including, but not limited to, governmental action, acts of terrorism, earthquake, fire, flood, acts of God, labor conditions, power failures, Internet disturbances, or acts or omissions of third parties. You agree that we may provide you with notices (including, without limitation, those regarding changes to these Terms) by email, regular mail, or postings on the App. By providing us with your email address, you consent to our using the email address to send you any notices required by law in lieu of communication by postal mail.
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, ALL SERVICES, PRODUCTS, INFORMATION AND DATA PROVIDED OR MADE AVAILABLE BY US (INCLUDING WITHOUT LIMITATION THE SITE, Gaming Arcade App and Website) ARE PROVIDED ON AN "AS IS" BASIS AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON- INFRINGEMENT, AND YOU ASSUME THE ENTIRE RISK WITH RESPECT THERETO. WE MAKE NO REPRESENTATION, WARRANTY OR GUARANTEE OF ANY KIND, WHETHER EXPRESS OR IMPLIED, (A) AS TO THE OPERATION OR AVAILABILITY OF THE WEBSITE, OR ANY INFORMATION, FUNCTIONALITY, CONTENT, MATERIALS, SERVICES OR PRODUCTS INCLUDED THEREON; (B) THAT THE SERVICES, YOUR ACCOUNT, SOFTWARE, VIRTUAL GOODS AND/OR THE SITE WILL BE SECURE, VIRUS-FREE, UNINTERRUPTED OR ERROR-FREE, OR THAT THE SAME WILL FUNCTION PROPERLY IN COMBINATION WITH ANY THIRD-PARTY COMPONENT, TECHNOLOGY, HARDWARE, SOFTWARE, OR SYSTEM; (C) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION OR CONTENT PROVIDED THROUGH THE SITE OR Gaming Arcade App and Website; OR (D) THAT THE SITE, Gaming Arcade App and Website, ITS SERVERS, COMMUNICATIONS SENT FROM OR ON BEHALF OF US, OR ANY FILES AVAILABLE FOR DOWNLOADING FROM THE SITE ARE FREE OF VIRUSES, SCRIPTS, TROJAN HORSES, WORMS, MALWARE, TIMEBOMBS OR OTHER HARMFUL COMPONENTS.

• Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply; but in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
• You are responsible for implementing appropriate measures to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Website for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE, Gaming Arcade App and Website, SOFTWARE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE ABOVE OR TO YOUR DOWNLOADING OF ANY MATERIAL MADE AVAILABLE THEREON.
• WE CANNOT GUARANTEE THE SECURITY OF ANY DATA THAT YOU DISCLOSE ONLINE. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE AND WILL NOT HOLD US RESPONSIBLE FOR ANY BREACH OF SECURITY UNLESS IT IS DUE TO OUR FRAUD, GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.
• We strive to keep Services up and running; however, all online services suffer occasional disruptions and outages, we are not responsible or liable for any disruption or loss you may suffer as a result. You should regularly backup content that you store on the Services.

22. COPYRIGHT COMPLAINTS

The Digital Millennium Copyright Act (DMCA) provides copyright owners who believe that their rights under the United States copyright law have been infringed by acts of third parties over the Internet with ways to protect their rights. If you believe that your copyrighted work has been copied without your authorization and is available in the Services in a way that may constitute copyright infringement, you can provide notice of your claim to the designated agent listed below. For your notice to be effective, it must include the following information:

• A physical or electronic signature of a person authorized to act on behalf of the owner of the intellectual property right that is allegedly infringed;
• A physical or electronic signature of a person authorized to act on behalf of the owner of the intellectual property right that is allegedly infringed;
• A description of where the material that you claim is infringing is located; Information reasonably sufficient to permit us to contact the complaining party, such as address, telephone number, and, if available, an e-mail address at which the complaining party can be contacted;
• A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
• A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.

23. MISCELLANEOUS

23.1 Entire Agreement
These Terms, together with any Applicable Policies, constitute the entire agreement between you and us pertaining to the subject matter hereof and supersede all prior or other arrangements, understandings, negotiations and discussions, whether oral or written. Our failure to require or enforce strict performance by you of any provision of these Terms or to exercise any right under them shall not be construed as a waiver or relinquishment of our right to assert or rely upon any such provision or right in that or any other instance. Section titles in these Terms are for reference only and have no legal effect.

23.2 Severability
The provisions of these Terms are intended to be severable. If for any reason any provision of these Terms shall be held invalid or unenforceable in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the Terms, which shall continue to be in full force and effect.

23.3 Amendment and Modification
These Terms cannot be modified by you and may only be modified by us as provided above.

23.4 Remedies
No right or remedy of ours shall be exclusive of any other, whether at law or in equity, including without limitation damages injunctive relief, attorneys’ fees and expenses.

23.5 Assignability
We may assign these Terms, in whole or in part, at any time without notice to you. You may not assign these Terms or transfer any rights to use the Services or Software.

23.6 Consent to Notice
You consent to our providing you notifications about the Services or information the law requires us to provide via email to the address that you specified when you created your Account. Notices emailed to you will be deemed given and received when the email is sent. If you do not consent to receive notices electronically, you must close your Account.
All notices, requests, consents, claims, demands, waivers and other communications hereunder shall be in writing and sent to us by email to our email address [email protected]

23.7 Successors and Assigns
These Terms are solely for your and our benefit, and not for the benefit of any other person, except for our successors and assigns. A printed version of these Terms and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Please send any questions or comments (including all inquiries unrelated to copyright infringement) to: [email protected]. Please print these Terms for your records.

23.8 User Responsibilities

• Users acknowledge the inherent risks associated with Web3 technologies, including:

• Volatility of cryptocurrency markets:Values can fluctuate significantly.
• Loss of private keys or seed phrases: Loss leads to permanent loss of access to digital assets.
• Smart contract vulnerabilities: Code errors can lead to unexpected outcomes.
• Scams and phishing attacks: Be cautious of fraudulent activities impersonating the platform.

24. DISCLAIMERS

You acknowledge and agree that your use of the App and Website is at your own risk. The App and Website is provided on an "as is" and "as available" basis without any warranties, whether express or implied. We, along with our subsidiaries, affiliates, and licensors, expressly disclaim all implied warranties regarding the App and Website, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, correctness, accuracy, or reliability.
We do not guarantee that: (i) your access to or use of the App and Website will meet your requirements; (ii) your access to or use of the App and Website will be uninterrupted, timely, secure, or error-free; (iii) data provided through the App and Website will be accurate; (iv) the App and Website or any content, services, or features made available on or through the App and Website are free of viruses or other harmful components; or (v) any data you disclose when using the App and Website will be secure.
You acknowledge the inherent security risks of providing information and conducting transactions online over the internet. We are not liable for any breach of security unless it is due to our gross negligence.
We will not be responsible or liable for any losses you incur as a result of your use of the Polygon network or an electronic wallet, including but not limited to losses arising from user error, server failure, unauthorized access by third parties, or other security breaches.
Gaming Arcade tickets and tickets packs are digital assets maintained on the Polygon network. We have no control over the functionality of the Polygon blockchain or the execution of smart contracts and transactions. Therefore, we make no guarantees or promises regarding their functionality or execution.
Gaming Arcade is not responsible for losses due to issues with the Polygon network or an electronic wallet, including but not limited to late reporting of issues by developers or representatives, forks, technical node issues, or any other issues resulting in fund losses.
We collect personal information such as your email address, and blockchain wallet address when you register an account or utilize the App and Website through third party applications. This information is processed to grant you access to the App and Website, manage your account, facilitate transactions, and send you communications (subject to your consent). We only collect and process data essential for these purposes and improve user experience.

• Your User Content:

Subject to these Terms, you grant to us a worldwide, perpetual, unrestricted, royalty-free license to use, copy, modify, distribute, publish, perform, transmit, and display any and all your User Content, whether directly or through the Site, Services or Software, and waive any moral rights you may have in the User Content. Subject to these Terms, any User Content and other communication or material you transmit to us, including any data, questions, comments, suggestions, or the like ("Other Communication Content" and collectively with any User Content, "Your Content"), will be treated by us as non-confidential and non-proprietary. Subject to these Terms, we may use Your Content for any purpose, without any compensation, accounting or other liability or obligation to you.

By publishing or submitting to us Your Content, you represent and warrant to us that:

• Your Content does not infringe any third-party rights including without limitation intellectual property rights, proprietary rights or rights to privacy.
• Your Content does not contain any element that may reasonably be construed as defamatory, obscene, discriminatory based on any bias against any group of individuals, offensive, unlawfully threatening or harassing.
• In the event that Your Content contains any third-party intellectual property rights or personal information, you have obtained and will continue to have all necessary authorization and rights to use such intellectual property rights or personal information for the duration of these Terms.
• If your Account is cancelled or terminated, we may permanently delete Your Content from our servers and we have no obligation to return Your Content to you except to the extent provided under applicable law.
• Your Content does not contain any computer viruses, worms or other potentially harmful codes, programs, links or files.

User retains the rights to access, correct, delete, and limit the processing of your personal data. Additionally, you can oppose the processing of your data and request data transferability. These rights can be exercised by reaching out to us at [email protected]. Updated Date: 15 April 2022
Updated Date: 15 April 2022