Terms and Conditions

By signing up to use our services through www.gamerse.com and our mobile application you agree that you have read, understood, and accept all of the terms and conditions contained in this Agreement, as well as our Privacy Policy.
You should be aware that the risk of loss in buying and selling crypto-currencies, NFTs, and/or other digital assets can be substantial. As with any asset, the value of any crypto-currency, NFT, and digital assets can go up or down and there can be a substantial risk that you lose money buying, selling, or holding, crypto-currencies, NFTs, and digital assets.

IMPORTANT NOTICE

GameVerse Corp (“Gamerse” the “Company” “we,” “us,” or “our”) is a software development company that provides platform services in relation to NFT gaming and a metaverse social media marketplace.  Gamerse connects NFT games and gamers in a community-driven social hub.
Gamerse hosts a top-level domain website www.gamerse.com (the “Site”) that provides information regarding Gamerse and our products and services (the “Services”), which includes text, images, audio, code, and other materials or third party information.
These Terms of Use (the “Terms of Use” and this “Agreement”) contain the terms and conditions that govern your access to and use of the Site and our Services and is an agreement between us and you.
Please read these Terms of Use carefully before using the Site or our Services. By using the Site or accessing our Services you (1) accept and agree to these Terms and any additional terms, rules and conditions of participation issued by Gamerse from time to time.  If you do not agree to these Terms of Use, then you should not access our Site or use our Services.

Key Definitions
Capitalised terms not otherwise defined in these Terms will have the following meaning:

“Account”	means your user account with Gamerse.
“Account Information”	means information about you that you provide to us in connection with the creation or administration of your Account. For example, Account Information includes names, usernames, phone numbers, email addresses and billing information associated with your Account.
“API”	means an application program interface.
“Content”	means software (including machine images), data, text, audio, video or images and any documentation we offer for the Services.
“Creator Royalty Fee”	means the royalty fee amount set by the relevant NFT creator up to a maximum of 20% of the set NFT price.
“Cryptocurrency”	means any digital currency in which transactions are verified and records maintained by a decentralized system using cryptography, rather than by a centralised authority, and shall include those currencies listed in Annex 3 (Cryptocurrencies), which may be updated by the Company from time to time.
“Digital Assets”	means Cryptocurrencies and NFTs.
“Fiat”	means any legal tender that may be used in connection with our Services, including United States Dollars.
“LFG”	means the “Looking For Groups” token which is the native token of the Gamerse platform and based on the ERC-20 cryptographic protocol.
“Losses”	means any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees).
“NFT”	means non-fungible token.
“Non-LFG”	means any currency (Fiat or Cryptocurrency) that is not LFG.
“Our Marks”	means any trademarks, service marks, service or trade names, logos, and other designations of Gamerse Group and their affiliates or licensors that we may make available to you in connection with this Agreement.
“Platform Royalty Fee”	means the platform royalty fee set out in Annex 2 (Fee Schedule) payable to Gamerse.
“Policies”	means this Agreement, the Privacy Policy, any supplemental policies or addendums applicable to any Service as provided to you, and any other policy or terms referenced in or incorporated into this Agreement, each as may be updated by us from time to time.
“Service”	means each of the products and services made available by Gamerse, including: (a) Gamerse Social Media Platform; (b) Gamerse Aggregator Marketplace; ( c ) Gamerse Gaming Launchpad; and (d) Gamerse NFT Swap; in each case as described in the Gamerse Whitepaper (https://gamerse.gitbook.io/gamerse/) and which are live on the Site. Gamerse may add, remove, or update the products and services made available on the Site from time to time.
“Service Offerings”	means the Services (including associated APIs), Our Content, Our Marks, and any other product or service provided by us under this Agreement. Service Offerings do not include Third-Party Content or Third-Party Services.
“Site”	www.gamerse.com
“Suggestions”	means all suggested improvements to the Service Offerings that you provide to us.
“Third–Party Content”	means Content made available to you by any third party on the Site or in conjunction with the Services.
“Third–Party Wallet”	means the user’s third-party wallet with MetaMask.
“Your Content”	means Content that you transfer to us for processing, storage or hosting by the Services in connection with Account and any computational results that you derive from the foregoing through their use of the Services. Your Content does not include Account Information.

 

1. Eligibility
Gamerse may not make the Services available in all markets and jurisdictions, and may restrict or prohibit use of the Services from certain jurisdictions (“ Restricted Jurisdictions ”). The list of Restricted Jurisdictions is contained in Annex 1 (Restricted Jurisdictions) which may be updated by Gamerse from time to time.
If you are registering to use the Services on behalf of a legal entity, you represent and warrant that (i) such legal entity is duly organised and validly existing under the applicable laws of the jurisdiction of its organisation; and (ii) you are duly authorised by such legal entity to act on its behalf.
You further represent and warrant that you: (a) are of legal age to form a binding contract (at least 18 years old); (b) have not previously been suspended or removed from using our Services; (c) have full power and authority to enter into this agreement and in doing so will not violate any other agreement to which you are a party; (d) are not located in, under the control of, or a national or resident of (i) any Restricted Jurisdiction, or (ii) any country to which the United States has embargoed goods or services; (e) are not identified as a "Specially Designated National;" (f) are not placed on the US Commerce Department’s Denied Persons List; (g) will not use our Services if any applicable laws in your country prohibit you from doing so in accordance with these Terms; (h) you are not a citizen or resident of a sanctioned country according to the up-to-date lists of the US Office of Foreign Assets Control (OFAC), the United Nations, the European Union, and any EU Member State, the UK Treasury; and (i) meet all eligibility requirements for the Services at the time of using any Services.
Gamerse may condition your access or continued access to certain Services (or features of those Services), such as by imposing eligibility requirements. Gamerse will keep you informed of these on the Gamerse website. Gamerse may require, on an ongoing basis, that you demonstrate to us that you continue to meet these requirements. Gamerse’s decisions with respect to eligibility are final.
We require all users to be at least 18 years old. If you are at least 13 years old but under 18 years old, you may only use Gamerse through a parent or guardian’s Account and with their approval and oversight. That account holder is responsible for your actions using the Account. It is prohibited to use our Service if you are under 13 years old.

2. Services
1. Gamerse Services. Gamerse makes available to users a number of Services which can be accessed through the Site. You may access and use the Services in accordance with this Agreement. You agree to comply with the Terms of Use and all laws, rules, and regulations applicable to your use of our Services.

2. Account. In order to access the Service you will be required to open an Account with Gamerse and provide personal and other information that Gamerse may require as part of the account opening process. Gamerse may require you to provide additional information and documents in certain circumstances, such as at the request of any government authority, as any applicable law or regulation dictates, or to investigate a potential violation of these Terms. In such cases, Gamerse, in its sole discretion, may disable your Account and block your ability to access the Service until such additional information and documents are processed by Gamerse. If you do not provide complete and accurate information in response to such a request, Gamerse may refuse to restore your access to the Service.

3. Wallet. Your Account must be linked to a blockchain address and Third-Party Wallet in order to access the Services. By using your wallet in connection with the Service, you agree that you are using that wallet under the terms and conditions of the applicable provider of the wallet. Wallets are not operated by, maintained by, or affiliated with Gamerse and Gamerse does not have custody or control over the contents of your wallet and has no ability to retrieve or transfer its contents. Gamerse accepts no responsibility for, or liability to you, in connection with your use of a wallet and makes no representations or warranties regarding how the Service will operate with any specific wallet.

4.  Third-Party Content and Services. Third-Party Content and Services may be accessed through the Site and our Services. Access to Third-Party Content on the Site is governed by this Agreement. Depending on the Third-Party Content, separate terms and conditions may apply which may be provided by the Third-Party Content provider.

5.   Changes. We may change or discontinue any or all of the Services or change or remove functionality of any or all of the Services from time to time.

6. Modifications. We reserve the right, at our sole discretion, to modify or replace any of these Terms of Use at any time. It is your responsibility to check the Terms of Use periodically for any changes. Your continued use of or access to the Services following the posting of any changes to this Agreement constitutes acceptance of those changes.

Your Responsibilities

7.  Your Account. You are solely responsible for your Account and any associated wallet and we are not liable for any acts or omissions by you in connection with your Account or as a result of your Account or wallet being compromised or for unauthorised access to your Account. You agree to immediately notify us if you discover or otherwise suspect any security issues related to the Service or your Account.  You are solely responsible for keeping your wallet secure and you should never share your wallet credentials or seed phrase with anyone. If you discover an issue related to your wallet, please contact your wallet provider.

8.  Your Use. You will ensure that Your Use of the Services does not violate any applicable laws and regulations. You are solely responsible for Your Use of the Services and we make no judgement on your eligibility for our Services.

9.  Your Security and Backup. You are responsible for properly configuring and using the Services and otherwise taking appropriate action to secure, protect, and backup your Accounts and Your Content in a manner that will provide appropriate security and protection, which might include use of encryption.

10.  Log-In Credentials and Account Keys. To the extent we provide you with log-in credentials and API authentication generated by the Services, such log-in credentials and API authentication are for your internal use only and you will not sell, transfer or sublicense them to any other entity or person, except that you may disclose your private key to your agents and subcontractors performing work on your behalf.

3. Third-Party Content and Services
1. Third Party Content. Gamerse does not make any representations or warranties about third-party content visible or accessible through our Service, including any content associated with Digital Assets displayed on the Service. Gamerse bears no responsibility for verifying the legitimacy, authenticity, and legality of any Digital Assets that you purchase from third-party sellers.

2.  Third Party Websites. Our Services may contain links or functionality to access or use third-party websites (“Third-Party Websites”) and applications (“Third-Party Applications”), or otherwise display, include, or make available content, data, information, services, applications, or materials from third parties (“Third-Party Materials”). Such Third-Party Websites, Third-Party Applications, and Third-Party Materials are not under the control of Gamerse, and may be “open” applications for which no recourse is possible.

3.   Links. Gamerse is not responsible or liable for any Third-Party Websites, Third-Party Applications, and Third-Party Materials. Gamerse may provide links to Third-Party Websites and Third-Party Applications only as a convenience for users and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites or Third-Party Applications, or their products or services or associated Third-Party Materials. You use all links to Third-Party Websites, Third-Party Applications, and Third-Party Materials at your own risk.

4. Fees and Payment
1.       Amount of Fees. You agree to pay Gamerse the fees for transactions completed via our Services (“Fees”) as set out in the fee schedule at Annex 2 (Fee Schedule), which may be updated by Gamerse from time to time. Changes to the Fee Schedule are effective as of the effective date indicated in the posting of the revised Fee Schedule to the Services, and will apply prospectively to any transactions that take place following the effective date of such revised Fee Schedule.

2. Third-Party Fees. In addition to the Fees, Third Party Providers may impose fees in connection with your use of your Account and our Services. You are solely responsible for paying any fees imposed by any Third Party Providers.  

3.  Payment of Fees. You authorise us, or our designated payment processor, to charge or deduct any Fees owed to Gamerse from your Account.

4.  Taxes. You will be responsible, as required under applicable law, for identifying and paying all taxes and other governmental fees and charges (and any penalties, interest, and other additions thereto) that are imposed on you with respect to the transactions and payments under this Agreement. All Fees payable by you are exclusive taxes unless otherwise noted. We reserve the right to withhold taxes where required.

5. Suspension and Termination
1. Suspension. In the event of any force majeure event, breach of these Terms, or any other event that would make provision of the Services commercially unreasonable for the Company, we may, in our discretion and without liability to you, with or without prior notice, suspend your access to all or a portion of our Services.
2.       Termination. We may terminate your access to the Services in our sole discretion, immediately and without prior notice, and delete or deactivate your account and all related information and files in such account without liability to you, including, for instance, in the event that you breach any term of these Terms.

6. Proprietary Rights
1. Service Offerings License. We or our licensors own all right, title, and interest in and to the Services, and all related technology and intellectual property rights. Subject to the terms of this Agreement, we grant you a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to do the following: (a) access and use the Services solely in accordance with this Agreement; and (b) copy and use Our Content solely in connection with your permitted use of the Services. You obtain no rights under this Agreement from us, our affiliates or our licensors to the Service Offerings, including any related intellectual property rights. Some of Our Content and Third-Party Content may be provided to you under a separate open-source license. In the event of a conflict between this Agreement and any separate license, the separate license will prevail with respect to Our Content or Third-Party Content that is the subject of such separate license.

2. License Restrictions. You will not use the Services in any manner or for any purpose other than as expressly permitted by this Agreement. Except as expressly authorised, you will not attempt to (a) modify, distribute, alter, tamper with, repair, or otherwise create derivative works of any Content included in the Services (except to the extent Content included in the Services is provided to you under a separate license that expressly permits the creation of derivative works), (b) reverse engineer, disassemble, or decompile the Services or apply any other process or procedure to derive the source code of any software included in the Services (except to the extent applicable law doesn’t allow this restriction), (c) access or use the Services in a way intended to avoid incurring fees or exceeding usage limits or quotas, (d) use scraping techniques to mine or otherwise scrape data, or (e) resell or sublicense the Services unless otherwise agreed in writing. You will not use Our Marks unless you obtain our prior written consent. You will not misrepresent or embellish the relationship between us and you (including by expressing or implying that we support, sponsor, endorse, or contribute to you or your business endeavours). You will not imply any relationship or affiliation between us and you except as expressly permitted by this Agreement.

3. Your Content. Depending on the Service, you may share Content with us. Except as provided in this Section, we obtain no rights under this Agreement from you (or your licensors) to Your Content. You consent to our use of Your Content to provide the Services to you. You represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein for any content that you create, submit, post, promote, or display on or through the Service. You represent and warrant that such content does not contain material subject to copyright, trademark, publicity rights, or other intellectual property rights, unless you have necessary permission or are otherwise legally entitled to post the material and to grant Gamerse the license described above, and that the content does not violate any laws.

7. Risk Disclosures

• Volatility. Digital Assets are more volatile relative to most fiat currencies and other assets and this unpredictability of their price may result in significant loss over a short period of time. We are not responsible for the Digital Asset market, and we make no representations or warranties concerning the real or perceived value of any Digital Assets, and the quality, suitability,  usefulness, accuracy, or completeness of any data provided by us. You should therefore carefully consider whether holding Digital Assets is suitable for you in light of your financial condition.
• Not legal tender. Digital Assets are not money or legal tender, are not backed by any government or central banks and mostly do not have any underlying assets, revenue stream, or another source of value.
• Regulatory status. The regulatory status of Digital Assets is currently unsettled, varies among jurisdictions and is subject to significant uncertainty. Legislative and regulatory changes or actions relating to Digital Assets or blockchain technology at a domestic, international, or supranational level may adversely affect or restrict, as applicable, the use, transfer, exchange and value of Digital Assets, as well as the provision of our Services.
• Fraud. The nature of Digital Assets may lead to an increased risk of fraud or cyberattack and any losses due to fraudulent or accidental transactions will not be recoverable.
• Advice. We do not provide investment advice and the information coming from us shall not be used as a basis for making decisions about purchasing any Digital Assets.
• Legality. You are responsible for determining whether the use of any of Services is legal in your jurisdiction and you shall not use our Services if it is illegal in your jurisdiction to do so. If you are uncertain of the legal treatment, please seek independent legal advice.
• Own Risk. You understand and agree that you access our Services at your own risk. This section is not exhaustive and does not disclose all the risks associated with Digital Assets. You should therefore carefully consider whether such use is suitable for you in light of your circumstances and financial resources.
• Internet transmission risks. You acknowledge that there are risks associated with utilising an Internet-based platform 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 trading via the Services, however caused.
• NFT Value. The value of an NFT is subjective. Prices of 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.
• Distributed Ecosystem. A lack of use or public interest in the creation and development of distributed ecosystems could negatively impact the development of those ecosystems and related applications, and could therefore also negatively impact the potential utility of NFTs.
• Purchases. 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, mislabelled items, items that are vulnerable to metadata decay, items on smart contracts with bugs, and items that may become untransferable.
• Blockchain. 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 Gamerse has no ability to reverse any transactions on the blockchain.
• Third-parties. The Services rely 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 breach or cannot comply with the terms and conditions of such platforms and/or vendors; or if any of such platforms and/or vendors are unavailable for a period of time, access to and use of the Services may suffer.

8. Electronic Notices

1. Electronic Delivery of Communications. You agree and consent to receive electronically all communications, agreements, documents, notices and disclosures (collectively, "Communications") that we provide in connection with your Account and your use of the Services. Communications include:
(a) terms of use and policies you agree to including updates to these agreements or policies;
(b) account details, history, transaction receipts, confirmations, and any other account or transaction information;
( c ) legal, regulatory, and tax disclosures or statements we may be required to make available to you; and
(d) responses to claims or customer support inquiries filed in connection with your Account.
Unless otherwise specified in these Terms, we will provide these Communications to you by posting them on the Site, emailing them to you at the primary email address listed in your Account, and/or through other electronic communication such as text message or mobile push notification, and you agree that such Communications will constitute sufficient notice of the subject matter therein.

2. How to Withdraw Your Consent. You may withdraw your consent to receive Communications electronically by contacting us at: [email protected] If you fail to provide or if you withdraw your consent to receive Communications in the specified manner, the Company reserves the right to immediately close your Account or charge you additional fees for paper copies of the Communications.

3. Updating your Information. It is your responsibility to provide us with a true, accurate and complete email address and your contact information, and to keep such information up to date. You understand and agree that if the Company sends you an electronic Communication but you do not receive it because your primary email address you have provided is incorrect, out-of-date, blocked by your service provider, or you are otherwise unable to receive electronic Communications, the Company will be deemed to have provided the Communication to you.
You may update your information by logging into your Account or by contacting our support team at: [email protected].

9. Acceptable Use
When accessing or using the Services, you agree that you will not violate any law, contract, intellectual property or other third-party right or commit a tort, and that you are solely responsible for your conduct while using our Services. Without limiting the generality of the foregoing, you agree that you will not:

• Use our Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services, or that could damage, disable, overburden or impair the functioning of our Services in any manner;
• Use our Services to pay for, support or otherwise engage in any illegal gambling activities; fraud; money-laundering; or terrorist activities; or other illegal activities;
• Use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access our Services or to extract data;
• Use or attempt to use another user’s account without authorisation;
• Attempt to circumvent any content filtering techniques we employ, or attempt to access any service or area of our Services that you are not authorised to access;
• Develop any third-party applications that interact with our Services without our prior written consent;
• Provide false, inaccurate, or misleading information;
• Use the Service to carry out any financial activities subject to registration or licensing, including but not limited to creating, selling, or buying securities, commodities, options, or debt instruments;
• Use the Service to create, sell, or buy NFTs or other items that give owners rights to participate in an ICO or any securities offering, or that are redeemable for securities, commodities, or other financial instruments;
• Use the Service to engage in price manipulation, fraud, or other deceptive, misleading, or manipulative activity;
• Use the Service to buy, sell, or transfer stolen items, fraudulently obtained items, items taken without authorization, and/or any other illegally obtained items;
• Infringe or violate the intellectual property rights or any other rights of others;
• Create or display illegal or offensive content, such as pornographic content or content that may involve child sexual exploitation;
• Create or display NFTs or other items that promote suicide or self-harm, incites hate or violence against others, or doxes another individual;
• Use the Service for any illegal or unauthorised purpose, including creating or displaying illegal or pornographic content, or content that may involve child sexual exploitation, or encouraging or promoting any activity that violates the Terms of Service;
• Use the Service in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Service; or
• Encourage or induce any third party to engage in any of the activities prohibited under this Section.

10. Feedback and Complaints
If you have any feedback, questions, or complaints, contact us via [email protected]. When you contact us please provide us with your name, email address, and any other information that we may need to identify you and the transaction on which you have feedback, questions, or complaints.

11. Copyrights and Other Intellectual Property Rights
Unless otherwise indicated by us, all copyright and other intellectual property rights in all content and other materials contained on our website or provided in connection with the Services, including, without limitation, the Company or logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, "GAMERSE Materials") are the proprietary property of the Company or our licensors or suppliers and are protected by international copyright laws and other intellectual property rights laws.
We hereby grant you a limited, nonexclusive and non-sublicensable license to access and use the GAMERSE Materials for your personal or internal use. Such license is subject to these Terms and does not permit (a) any resale of the GAMERSE Materials; (b) the distribution, public performance or public display of any GAMERSE Materials; ( c ) modifying or otherwise making any derivative uses of the GAMERSE Materials, or any portion thereof; or (d) any use of the GAMERSE Materials other than for their intended purposes. The license granted under this Section will automatically terminate if we suspend or terminate your access to the Services.

12. Trademarks
"GAMERSE," the GAMERSE logo, and any other Company product or service names, logos or slogans that may appear on our Services are trademarks of the Company, in all countries and may not be copied, imitated or used, in whole or in part, without our prior written permission. You may not use any trademark, product or service name of the Company without our prior written permission, including without limitation any metatags or other "hidden text" utilising any trademark, product or service name of the Company. In addition, the look and feel of our Services, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of the Company and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned through our Services are the property of their respective owners. Reference to any products, services, processes or other information, by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us.

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

14. Indemnification
1.  You agree to defend, indemnify and hold harmless Gamerse (and each of our officers, directors, members, employees, agents and affiliates) from any claim, demand, action, damage, loss, cost or expense, including without limitation reasonable attorneys’ fees, arising out or relating to (a) your use of, or conduct in connection with, our Services; (b) any feedback you provide; (c) your violation of these Terms; or (d) your violation of any rights of any other person or entity. If you are obligated to indemnify us, we will have the right, in our sole discretion, to control any action or proceeding (at our expense) and determine whether we wish to settle it.
2. Intellectual Property

(a) Subject to the limitations in this Section, you will defend Gamerse, its affiliates, and their respective employees, officers, and directors against any third-party claim alleging that any of Your Content infringes or misappropriates that third party’s intellectual property rights, and will pay the amount of any adverse final judgment or settlement.
(b) Subject to the limitations in this Section, we will defend you and your employees, officers, and directors against any third-party claim alleging that the Services infringe or misappropriate that third party’s intellectual property rights, and will pay the amount of any adverse final judgment or settlement.
(c) Neither party will have obligations or liability under this Section arising from infringement by your combinations of the Services with any other product, service, software, data, content or method. In addition, we will have no obligations or liability arising from your use of the Services after we have notified you to discontinue such use. The remedies provided in this Section are the sole and exclusive remedies for any third-party claims of infringement or misappropriation of intellectual property rights by the Services or by Your Content.

3. Process. In no event will a party agree to any settlement of any claim that involves any commitment, other than the payment of money, without the written consent of the other party.

15. Disclaimers; Risk
DISCLAIMER. THE SERVICE OFFERINGS ARE PROVIDED “AS IS.” EXCEPT TO THE EXTENT PROHIBITED BY LAW, OR TO THE EXTENT ANY STATUTORY RIGHTS APPLY THAT CANNOT BE EXCLUDED, LIMITED OR WAIVED, WE AND OUR AFFILIATES AND LICENSORS (A) MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING THE SERVICE OFFERINGS OR THE THIRD-PARTY CONTENT, AND (B) DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED OR EXPRESS WARRANTIES (I) OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR QUIET ENJOYMENT, (II) ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE, (III) THAT THE SERVICE OFFERINGS OR THIRD-PARTY CONTENT WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF HARMFUL COMPONENTS, AND (IV) THAT ANY CONTENT WILL BE SECURE OR NOT OTHERWISE LOST OR ALTERED.
RISKS. OUR SERVICES RELY ON EMERGING TECHNOLOGIES. SOME SERVICES ARE SUBJECT TO INCREASED RISK THROUGH YOUR POTENTIAL MISUSE OF THINGS SUCH AS PUBLIC/PRIVATE KEY CRYPTOGRAPHY. BY USING THE SERVICES YOU EXPLICITLY ACKNOWLEDGE AND ACCEPT THESE HEIGHTENED RISKS.

16. Limitation of Liability
(a) EXCEPT AS OTHERWISE REQUIRED BY LAW, IN NO EVENT SHALL THE COMPANY, OUR DIRECTORS, MEMBERS, AFFILIATES, EMPLOYEES OR AGENTS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE OUR SERVICES OR THE COMPANY MATERIALS, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY ANY USER ON 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, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO THE COMPANY’S RECORDS, PROGRAMS OR SERVICES.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations of this section may not apply to you.

(b) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE COMPANY (INCLUDING OUR DIRECTORS, MEMBERS, AFFILIATES, EMPLOYEES AND AGENTS), WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE COMPANY OR TO THESE TERMS EXCEED THE FEES PAID BY YOU TO THE COMPANY DURING THE 12 MONTHS IMMEDIATELY PRECEDING THE DATE OF ANY CLAIM GIVING RISE TO SUCH LIABILITY.

17. Miscellaneous.

• Compliance with Applicable Law. You must comply with all applicable laws, regulations, licensing requirements and third party rights (including, without limitation, data privacy laws and anti-money laundering and countering the financing of terrorism laws) in your use of the Services, the App and Site.
• Independent relationship. You acknowledge and agree that: (a) the Company is not acting as your broker, intermediary, agent, or advisor or in any fiduciary capacity, and (b) no communication or information provided to you by the Company shall be considered or construed as advice. We do not provide any investment advice relating to our products and services. You may want to speak to an independent financial adviser.
• Entire Agreement. This Agreement (including documents incorporated by reference herein) comprise the entire understanding and agreement between you and the Company as to the subject matter hereof, and it supersedes any and all prior discussions, agreements and understandings of any kind (including without limitation any prior versions of this Agreement), and every nature between and among you and the Company.
• Amendment. We reserve the right to make changes or modifications to these Terms from time to time, in our sole discretion, by posting the amended Terms via the applicable the Company websites and mobile applications or by communicating these changes through any written or other contact method we have established with you and updating the "Last Updated" date at the top of these Terms. The amended Terms will be effective immediately thereafter and your use of the Services following the date on which such amended Terms are published will constitute consent to such amendments.
• Waiver. Our failure or delay in exercising any right, power or privilege under these Terms shall not operate as a waiver thereof.
• Severability. The invalidity or unenforceability of any of these Terms shall not affect the validity or enforceability of any other of these Terms, all of which shall remain in full force and effect.
• Force Majeure Events. The Company shall not be liable for (1) any inaccuracy, error, delay in, or omission of (i) any information, or (ii) the transmission or delivery of information; (2) any loss or damage arising from any event beyond the Company’s reasonable control, including but not limited to 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 the Company’s reasonable control (each, a “Force Majeure Event”).
• Assignment. You may not assign or transfer any of your rights or obligations under these Terms without prior written consent from the Company, including by operation of law or in connection with any change of control. The Company may assign or transfer any or all of its rights under these Terms, in whole or in part, without obtaining your consent or approval.

18. Applicable Law
The Terms shall be governed by the laws of England and Wales. Any dispute regarding these Terms shall be subject to the exclusive jurisdiction of the courts of England and Wales.

Annex 1
Restricted Jurisdictions
Afghanistan
Algeria
American Samoa
Belarus
Bolivia (Plurinational State of)
Central African Republic (the)
China
Cuba
Ecuador
Guam
Iran (Islamic Republic of)
Iraq
Korea (the Democratic People’s Republic of)
Kosovo
Lebanon
Libya
Mali
Nepal
Pakistan
Palestine, State of
Puerto Rico
Qatar
Russia
Somalia
South Sudan
Sudan (the)
Syrian Arab Republic
United States of America
Venezuela (Bolivarian Republic of)
Virgin Islands (U.S.)
Western Sahara
Yemen


Annex 2
Fee Schedule

Base Currency	Gamerse Platform Service Fee	Gamerse Platform Royalty Fee	Partner Featured Drops
Non-LFG	2.5% of transaction value	5% of the Creator Royalty Fee	5% of transaction value
LFG	1.25% of transaction value		2.5% of transaction value

 

Annex 3

Cryptocurrencies

Cryptocurrency	Description
BNB	BNB is the cryptocurrency coin that powers the BNB Chain ecosystem and is the native coin of the BNB Beacon Chain and BNB Smart Chain launched by Binance
LFG	The “Looking For Groups” BEP-20 token which is the native cryptographic token of the Gamerse platform deployed on the BNB Smart Chain.
Polygon (MATIC)	Polygon (MATIC) is an Ethereum token that powers the Polygon Network — a protocol and framework for building and connecting Ethereum-compatible blockchain networks
SOL	SOL is the native cryptocurrency of the Solana network
FTM	FTM is the primary token on the Fantom network
Ether or ETH	means the digital currency generated by the Ethereum blockchain