TERMS AND CONDITIONS
BOCA GAMES
TERMS AND CONDITIONS
7 Ausgust 2024
(Version 1.2)
1. OVERVIEW
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The BOCA Platform (“BOCA Platform” or “Platform”) allows You to participate in a variety of entertainment activities, including but not limited to games, and is made available to You by BOCA GAMES PTE. LTD. (“BOCA GAMES”).
These terms and conditions constitute a legally binding agreement between You (also referred to herein as “You”, “Your” or “User”) and BOCA GAMES (“we”, “us” or “Our”), governing Your access to and use of the Platform, including any content, functionality, and services offered on or through ‘BOCA.games’ (the “Website”).
Please read these Terms carefully, as they set out such terms which exclude or limit BOCA GAMES’ liability to You and require You to provide certain representations and warranties to BOCA GAMES. If You do not agree to these Terms, do not use the Platform.
You confirm that You understand and agree to these terms and conditions, together with any documents that may be expressly referred to and are incorporated by reference (“Terms”).
We may revise these Terms from time to time in our sole and absolute discretion, with or without notice to You and any changes will be published and made available on the Website. These changes shall take effect from the date of publication of the new terms, or such other date stated in the notice, and Your continued access or use of the Website from such date shall be deemed to constitute acceptance of the new Terms in their entirety. It shall be Your sole responsibility to check the Website for such changes from time to time prior to usage of the Website. Please review these Terms periodically to ensure that You understand all the terms and conditions that apply to Your access to and use of the Website.
2. ACCEPTANCE OF TERMS
Your access and use of the Platform are subject to these Terms, any Applicable Laws, and such other notices, policies, or conditions uploaded by BOCA GAMES to the Website. By accessing and using any part of the Website, connecting Your Wallet to the same, or clicking the checkbox acknowledging acceptance of these Terms, You irrevocably and unconditionally agree to be bound by the latest version of the Terms without variation or modification. If You do not agree to these Terms, please cease usage of the Website and exit the Website immediately. For the avoidance of doubt, the BOCA GAMES is not obliged to provide any specific services to You if You do not agree to these Terms.
Notwithstanding acceptance of these Terms, the BOCA GAMES reserves the right, for any reason whatsoever, to reject Your access to the Platform (without having to account for such reasons) or to terminate the services at any time, and You acknowledge and agree that none of the BOCA GAMES, its Affiliates, representatives, employees, directors, and agents shall be liable for any special, incidental, direct, indirect, intangible, exemplary, or consequential damages (including, but not limited to, where related to loss of revenue, income or profits, loss of use or data, or damages for business interruption), whether based in contract, tort, negligence, strict liability, or otherwise and whether within the parties’ reasonable contemplation or not, arising out of or in connection with such rejection or termination.
If you use the PUZZLE CHAMPIONS Game, you are also subject to the Special Terms for PUZZLE CHAMPIONS Game outlined in Section 21.
3. DEFINITIONS
In these Terms, except to the extent that the context requires otherwise, the following words and expressions shall have the following meanings:
| “Airdrop” means the airdrop campaign organized by the BOCA GAMES pertaining to the Silver Capsules.
“Affiliate” means in relation to a person, any other person which, directly or indirectly, controls, is controlled by or is under the common control of the first mentioned person from time to time, where “control” means the power to direct the management or policies of such company, whether through the ownership of more than 50 per cent of the voting power of such company, through the power to appoint a majority of the members of the board of directors or similar governing body of such company, through contractual arrangements or otherwise, and references to “controlled” or “controlling” shall be construed accordingly.
“Applicable Laws” refers to any law, rule, statute, subordinate legislation, regulation, by-law order, ordinance, protocol, code, guideline, treaty, policy, notice, direction or judicial, arbitral, administrative, ministerial or departmental judgment, award, decree, treaty, directive, or other requirement or guideline published or in force at any time which applies to or is otherwise intended to govern or regulate any person (including all parties to these Terms), property, transaction, activity, event or other matter, including any rule, order, judgment, directive or other requirement or guideline issued by any governmental or regulatory authority;
“Approvals” has the meaning ascribed to it in Clause 9.1 2).
“Content” means the content featured or displayed through the Website, including, without limitation text, data, articles, images, photographs, graphics, software, applications, designs, features, and other materials which are available through the Website.
“DAO Treasury” refers to the Treasury Pool, where funds are allocated for marketing purposes of BOCA Games based on the decisions of the DAO.
“Digital Asset(s)” refers to any digital representation of value that is recorded on a blockchain or other distributed ledger technology. This includes, but is not limited to, cryptocurrencies, virtual assets, tokens, virtual goods, in-game items, and other forms of digital property that can be owned, traded, transferred, or used within the Platform.
“Puzzle Champions Game” means the game service provided by BOCA GAMES through the Telegram messaging platform.
"Gas fee" refers to the transaction fee charged by blockchain network to process and execute transactions or activate smart contracts on the blockchain.
“BOCA” refers to "BOCA Games," a proprietary brand name.
“MINT THE GENESIS CHAMPION” means the name of the airdrop campaign organized by the BOCA GAMES.
“QUEST POINT” means the point awarded to Users for completing each action specified by the BOCA GAMES in the Quest.
“Intellectual Property Rights” has the meaning ascribed to it in Clause 12.1.
“Rankings” refer to the ordered list of participants in various events, organized according to their performance or scores based on their achievements.
“Project” means the “BOCA Games” project as described on the Website.
“Quest” means certain actions that BOCA GAMES asks the Users to do to provide the set points.
“Raffle Ball” means a reward issued based on Rankings, given according to specific rules for each Section, and is utilized to conduct a draw for a Mint Ticket.
“Rankings” refers to the ordered list of participants in various events, organized according to their performance or scores based on their achievements.
“Terms” has the meaning ascribed to it in Clause 1.4.
“Tiebreaker” in the context of the Rankings, a 'tiebreaker' refers to the set of criteria applied to distinguish between participants who have achieved equal standings based on the initial ranking metrics.
“Unstake” refers to the act of withdrawing assets that have been deposited through a Staking Service.
“USD” means United States Dollars, being the lawful currency of the United States of America.
“Wallet” refers to an electronic service or software application that enables users to securely store, manage, and transfer Digital Assets, personal identification, payment information, and other related data. This includes services like MetaMask Wallet and similar platforms.
“Website” refers to the online platform accessible at the domain boca.games, encompassing all its subpages, features, and content hosted under this domain.
In these Terms, unless otherwise stated herein or the context or subject otherwise requires:
references to Clauses are to the clauses of these Terms.
words in the singular shall include the plural and vice versa.
references to one gender include other genders.
references to a person shall include a reference to a firm, a body corporate, an unincorporated association, a partnership or to an individual’s executors or administrators.
references to time and/or date in these Terms shall be construed as a reference to UTC time and/or date.
the words “written” and “in writing” include any means of visible reproduction.
the headings of these Clauses are for convenience of reference only and do not affect their interpretation.
a reference to “includes” or “including” shall mean “includes without limitation” or “including without limitation”.
references to “Terms” and “these Terms” are references to these Terms, amended in writing from time to time.
4. ELIGIBILITY.
To be eligible to use the services provided on the Platform, You must conduct Your own due diligence and ensure that Your participation complies with Applicable Laws. You shall not use the Platform if there are applicable legal restrictions in Your country of residence or domicile. It is Your sole responsibility to ensure that Your use of the Platform is not prohibited, restricted, curtailed, hindered, impaired or otherwise adversely affected by any Applicable Law, regulation, or rule in Your country of residence or domicile.
By agreeing to these Terms, You represent and warrant that:
You are at least eighteen (18) years’ old, or the age of majority in Your jurisdiction, whichever higher, and have the full right, power, and authority to enter and comply with these Terms.
You have the full right, power, and authority to agree to these Terms;
You, and in the case where You are accepting these Terms on behalf of a body corporate, Your ultimate beneficial owners, related corporations, directors or officers, employees, agents, or other person acting on Your behalf are not:
the subject of sanctions administered or enforced by Singapore, the European Union, any country in the European Union, the United Nations Security Council, the United States of America, the Office of Foreign Control, or any other country or governmental authority (including the Monetary Authority of Singapore);
a citizen of, located in, resident in, or organized under the laws of, any jurisdiction that has been designated as a high-risk jurisdiction subject to a call for action by international anti-money laundering principles or procedures by an intergovernmental group or organization, such as the Financial Action Task Force
a citizen of, located in, resident in, or organized under the laws of any of the following jurisdictions:
1. Afghanistan
2. Belarus
3. Central African Republic
4. Democratic Republic of Congo
5. Iran
6. Libya
7. North Korea
8. Somalia
9. South Sudan
10. Sudan
11. Syria
12. Russian Federation
13. Yemen
14. or any other country subject to international sanctions
a foreign or domestic politically exposed person (i.e. in relation to politically exposed persons, means individuals who are or have been entrusted with prominent public functions by a country, for example heads of state or heads of government, senior politicians, senior government, judicial or military officials, senior executives of state-owned corporations, important political party officials); and
Your use of the Platform will fully comply with all Applicable Laws;
You have read, understood and agreed to Our Privacy Policy;
You will not use the Platform if any Applicable Laws in Your country prohibit You from doing so in accordance with these Terms;
In addition to the conditions and provision of the representations and warranties set out in Clause 4.2 above, participation in the Airdrop is conditioned on you satisfying the following, and by participating in the Airdrop, you represent and warrant to the BOCA GAMES:
You waive all rights, claims and/or causes of action and release the BOCA GAMES, its Affiliates, representatives, employees, directors and agents from all responsibilities, liabilities, claims, demands and/or damages (actual and consequential) of every kind and nature, known and unknown and forbear to sue the BOCA GAMES, its Affiliates, representatives, employees, directors and agents for any losses, damages or costs incurred as a result of, or in connection with the Airdrop.
You acknowledge and agree that the BOCA GAMES would not have agreed to allow you to participate in this Airdrop without such release and forbearance to sue.
Only Users who meet the prerequisites outlined in Clause 4.2 and 4.3 may receive the Champion Chest as part of the Airdrop. If you do not meet the prerequisites, please refrain from using the Website and exit immediately.
If You breach or We reasonably believe that You have breached any of Your representations and warranties, We may, at Our sole and absolute discretion, without notice or liability to You, and without limiting any of Our other rights or remedies at law or in equity, immediately (i) suspend or terminate Your account; (ii) deem any transaction that took place via or as the result of such breach to be void ab initio; and/or (iii) terminate any license granted to You under these Terms; and/or (iv) confiscate or invalidate any assets that were purchased or acquired as the result of such breach.
5. SECURITY AND ACCOUNT RESPONSIBILITY
You are responsible for maintaining the security of Your ID used to access the Platform. It is Your duty to ensure the safeguarding of these accounts, as they are pivotal for Your interaction with the campaign and associated activities. In the event of any loss, misplacement, or unauthorized access to Your ID, You bear full responsibility. The BOCA GAMES DISCLAIMS ANY LIABILITY FOR THE SECURITY OF YOUR ACCOUNTS OR ANY CONSEQUENCES STEMMING FROM YOUR INABILITY TO ACCESS OR USE YOUR ACCOUNTS.
THE BOCA GAMES SHALL NOT BE RESPONSIBLE FOR ANY SECURITY MEASURES RELATING TO YOUR RECEIPT, POSSESSION, STORAGE, TRANSFER OR POTENTIAL FUTURE USE OF THE DIGITAL ASSET NOR SHALL THE BOCA GAMES BE UNDER ANY OBLIGATION TO RECOVER OR RETURN ANY SUCH DIGITAL ASSET AND THE BOCA GAMES HEREBY EXCLUDES (TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW) ANY AND ALL LIABILITY FOR ANY SECURITY BREACHES OR OTHER ACTS OR OMISSIONS WHICH RESULT IN YOUR LOSS OF (INCLUDING LOSS OF ACCESS TO) THE DIGITAL ASSET AIRDROPPED TO YOU UNDER THESE TERMS. IN THE EVENT OF ANY LOSS, HACK OR THEFT OF DIGITAL ASSET FROM YOU, YOU ACKNOWLEDGE AND CONFIRM THAT YOU SHALL HAVE NO RIGHT(S), CLAIM(S) OR CAUSES OF ACTION IN ANY WAY WHATSOEVER AGAINST THE BOCA GAMES, ITS AFFILIATES, REPRESENTATIVES, EMPLOYEES, DIRECTORS AND AGENTS.
To access and use certain features of the service, You will be required to connect a Wallet to use the Website. To connect Your Wallet, You must provide certain information about Yourself, and we may, in our sole discretion, require You to provide further information and/or documents at any stage during Your use of the service. We may, in our sole discretion, refuse, decline, suspend, or disable Your access or use of the service if the Wallet service connection is not established or maintained properly.
By connecting Your Wallet, You agree to provide accurate, current, and complete information about Yourself, and to maintain and promptly update as necessary Your wallet information.
You must provide accurate and complete registration information when Wallet to the Website. By connecting a Wallet, You agree to provide accurate, current, and complete wallet information about Yourself, and to maintain and promptly update as necessary Your wallet information.
Transactions that take place on the Website are managed and confirmed via the blockchain. You understand that Your blockchain public address will be made publicly visible whenever You engage in a transaction on the Website. We neither own nor control Wallet service, the blockchain platform, or any other third-party website, product, or service that You might access, visit, or use for the purpose of enabling You to use the various features of the Website. WE WILL NOT BE LIABLE FOR THE ACTS OR OMISSIONS OF ANY SUCH THIRD PARTIES, NOR WILL WE BE LIABLE FOR ANY DAMAGE THAT YOU MAY SUFFER AS A RESULT OF YOUR TRANSACTIONS OR ANY OTHER INTERACTION WITH ANY SUCH THIRD PARTIES.
YOU ARE SOLELY RESPONSIBLE FOR THE SECURITY OF YOUR WALLET. You agree to undertake to maintain at all times adequate security and control of all of Your account details, passwords, personal identification numbers, or any other codes that You use to access the Website. You must ensure that account(s) registered under Your information will not be used by any other person. You agree that we may attribute all use of Your account to You and that You are responsible for all activities that occur under Your account. In case of any breach of security, loss, theft, or unauthorized use of Your information, it is your responsibility to promptly notify us. We may provide account support at our discretion.
The BOCA GAMES reserves the right to terminate, suspend, or restrict Your access to any account(s) if there is reasonable suspicion by us that the person logged into Your account(s) is not You or if we suspect that the account(s) have been or will be used for any illegal, fraudulent, or unauthorized purposes. Under no circumstances shall the BOCA GAMES or indemnified persons in accordance with these Terms be responsible or liable for any direct or indirect losses (including loss of profits, business, or opportunities), damages, or costs suffered by You or any other person or entity due to any such termination, suspension, or restriction of access to any account(s).
6. OUR SERVICES: GENERAL
The Services include an online Platform through which Users can view, acquire, and purchase Digital Assets or other game items that can be used and deployed in one or more games made available through the Services. In order to access certain services, including purchasing game items using Digital Assets, a User must connect a compatible Wallet to the Services.
All transactions regarding Digital Assets are managed and confirmed on the Blockchain. You understand that Your Blockchain public address may be made publicly visible whenever You engage in a transaction.
You may be able to use the Services to take certain actions in connection with one or more Digital Assets or Items that result in a swap, trade, acquisition, opening, or other exchange of that Digital Asset or Item for a modified, new, or otherwise different Digital Asset or Item (each, a "Play"). BOCA GAMES shall have no liability to You in connection with (i) any Digital Asset or Item that You use in a Play, or (ii) any Digital Asset that You receive in connection with a Play. In some instances, a Play may result in a Digital Asset being sent to a null address, erased, or otherwise rendered unusable ("Burned"). In each case where the user connects to a blockchain network not supported by us (including but not limited to cases where the connected address cannot receive the desired Digital Asset), or in cases of errors caused by third parties such as the blockchain network or Wallet platform, BOCA GAMES shall not be liable for any such issues. USERS ACKNOWLEDGE AND AGREE THAT THEY BEAR ALL RISKS ASSOCIATED WITH THE CONNECTIVITY AND COMPATIBILITY OF THEIR WALLETS AND BLOCKCHAIN NETWORKS. FURTHERMORE, BOCA GAMES SHALL NOT BE RESPONSIBLE FOR ANY LOSSES, DAMAGES, OR CLAIMS ARISING FROM TECHNICAL ISSUES, SECURITY BREACHES, OR OTHER ERRORS OUTSIDE OUR CONTROL, INCLUDING BUT NOT LIMITED TO THOSE CAUSED BY THIRD-PARTY SERVICE PROVIDERS.
Any other terms shall apply in accordance with the then-current functionality of the Services and any in-game supplemental terms (if any).
The game rules, including but not limited to the rules governing Plays and the acquisition or use of Digital Assets, may be changed by BOCA GAMES at its sole and absolute discretion at any time without prior notice to You. Users agree to regularly review the rules and terms of the Services to ensure compliance with any changes. BOCA GAMES shall not be liable for any consequences arising from changes to the game rules or functionality of the Services.
Some Services may involve the consumption of Digital Assets (including Silver Capsules), and unless otherwise specified on the relevant pages, the consumed Digital Assets will not be returned.
We may post various information about the Services on our medium ([https://medium.com/@puzzlechampions](https://baligames.gitbook.io/axie-champions/puzzle-champions)).
We may in our absolute and sole discretion change, update, amend, remove, or discontinue any part of the Website, the services and the content at any time without prior notice to You. You may need to update third-party software from time to time in order to use the Services. Any future release, update or other addition to the Services shall be subject to these Terms. BOCA GAMES, its suppliers and service providers reserve all rights not granted in these Terms. Any unauthorized use of any Services terminates the licenses granted by us pursuant to these Terms.
We may also use abbreviations to represent numbers as follows:
1,000 → ‘K’
1,000,000 → ‘M’
1,000,000,000 → ‘B’
1,000,000,000,000 → ‘T’
1,000,000,000,000,000 → ‘Qd’
7. AIRDROP AND EVENT PARTICIPATION
Subject to satisfaction of the eligibility criteria described in Clause 4 above, the BOCA GAMES intends to conduct a one-off distribution of Silver Capsule free-of-charge to the Users deployed by the BOCA GAMES. Notwithstanding the terms, the BOCA GAMES is entitled to determine the Maximum Portion in its sole and absolute discretion.
The Airdrop shall commence and terminate on such date as the BOCA GAMES so decides in its sole and absolute discretion.
You shall bear any fees related to CLAIM THE CHAMPION CAPSULES, if any.
Participation in Airdrop through Staking Services. The BOCA GAMES may mediate Staking Services operated by third parties on the relevant pages. Users can join the linked airdrop by participating in the third party's Staking Services as listed on the relevant pages, (a) joining the third-party Staking Services, (b) paying the Staking rewards to the BOCA GAMES's DAO Treasury, and in return, receiving Silver Capsules from the BOCA GAMES. Participating in the airdrop through Staking Services involves (a) consenting to participate in the third party's Staking Services and (b) agreeing to the Smart Contract that ensures the Staking Service rewards are directly paid to the DAO Treasury. Users can proceed with both (a) and (b) on the BOCA GAMES's relevant pages. However, the BOCA GAMES is not the direct operator of Staking Services but merely displays the services provided by the third party on the relevant pages. Before participating in the Staking Services mediated by the BOCA GAMES (including participation in the airdrop using Staking Services), you must thoroughly review the following content, and by participating in the Staking Services through the relevant pages, you acknowledge and confirm the following:
ALL STAKING SERVICES DISPLAYED ON THE STAKING SERVICES MEDIATION PAGE ARE OPERATED UNDER THE SOLE RESPONSIBILITY OF THE THIRD PARTY (THE SERVICE PROVIDER). THE BOCA GAMES MERELY FACILITATES ACCESS TO THE THIRD PARTY’S STAKING SERVICES VIA THE PAGE AND BEARS NO RESPONSIBILITY WHATSOEVER (INCLUDING BUT NOT LIMITED TO COMPENSATION FOR LOSSES INCURRED DUE TO PARTICIPATION IN THE STAKING SERVICES).
The BOCA GAMES's receipt of Staking Service rewards and payment of Silver Capsules is a separate agreement from the Staking Services, and the BOCA GAMES bears no responsibility for the Staking Services. If you fail to receive rewards from the Staking Services and thus cannot pay the rewards to the BOCA GAMES, the BOCA GAMES is not responsible for paying you Silver Capsules.
You must directly verify the Staking Service provider's policies, whitepapers, and other relevant documents before deciding to participate in the Staking Services.
You bear the sole responsibility for assessing the impact (if any) that participation in Staking may have on you.
You bear full responsibility for any legal, financial, or other consequences that may arise from your participation in the Staking Services. BOCA GAMES assumes no legal liability for any outcomes resulting from your decisions and participation.
BOCA GAMES makes no warranty regarding the accuracy, completeness, or reliability of the information provided by the Staking Service provider. You must independently assess and verify all information provided by the Staking Service provider.
The BOCA GAMES may, from time to time, send information, notifications, or guidance related to the Staking Services to Users as a courtesy. However, under no circumstances should the dispatch of such information, notifications, or guidance be construed as an obligation on the part of the BOCA GAMES, nor should it be interpreted as involvement in the operation of the Staking Services. Users must always directly verify and manage the operational status of the Staking Services themselves.
The provision of Staking Services intermediation and linked airdrop participation services by the BOCA GAMES does not guarantee the stability of the Staking Services. You are well aware that Staking Services are highly risky and must thoroughly review the various risks that may arise in Staking Services, including the following, and decide whether to participate in the Staking Services based on your own judgment:
The risk of being unable to retrieve or experiencing delays in withdrawing staked assets and rewards due to any reason such as bankruptcy, insolvency, fraud, excessive debt of the Staking Service provider, LST hacking/bridge hacking, or other hacking incidents, errors in the blockchain network; to clarify, this includes the potential loss of the principal amount of the staked Digital Assets, but is not limited to this;
The risk of not achieving the expected rate of return;
The risk that even if the expected rate of return is achieved, the actual rate of return may not meet the expected rate due to a decline in the value of the Digital Asset;
The possibility of incurring losses due to a decline in the value of the Digital Asset even after retrieving the staked assets;
The risk of being unable to use the assets during the Staking period.
The BOCA GAMES shall not be liable for any misinterpretation or misunderstanding of the terms, conditions, or policies related to Staking Services. It is the user’s responsibility to fully comprehend and seek clarification before participating.
Users acknowledge that the participation in Staking Services may be affected by regulatory changes in their jurisdiction, and the BOCA GAMES is not liable for any such impact on the accessibility or legality of Staking Services.
Participation in Various Events. We may provide Users with a variety of events. In such cases, Users will be subject to the details specified on the relevant pages. Participation in some events may involve the consumption of Silver Capsules, and unless otherwise specified on the relevant pages, the consumed Silver Capsules will not be returned.
8. PAYMENT, GAS FEES AND TAXES
Pricing and payment terms on the Platform, including specific details relating to the offering of any Items, will be set forth at the point of sale. Acceptable forms of payment for these Items may be changed at any time in our sole discretion, and we reserve the right to decline orders and refuse payment at any time and for any reason. We may use a third-party payment processor in order to provide You with the Platform and its related services, and You understand and agree that by using or accessing our Platform, You also acknowledge and agree that You have read, understood, and agree to any and all of the third-party payment processor's terms and conditions. ALL CHARGES INCURRED IN CONNECTION WITH THE PLATFORM AND ALL FUNDS PLACED IN YOUR ACCOUNT BALANCE, AS APPLICABLE, ARE PAYABLE IN ADVANCE AND ARE NOT REFUNDABLE IN WHOLE OR IN PART, REGARDLESS OF THE FORM OF PAYMENT, EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS OR AS REQUIRED BY APPLICABLE LAW.
BOCA GAMES may allow the use of Digital Assets as a form of payment, in which case You are responsible for any and all Gas fees.
You agree and understand that all Digital Asset payments and fees are transferred, processed, or initiated directly through one or more of the Smart Contracts on the blockchain network. By transacting on the Platform and using the Smart Contracts, You hereby acknowledge, consent to, and accept all automated payments and fees for purchases on the Platform. You hereby consent to and agree to be bound by the Smart Contracts’ execution and distribution of the payments and fees. You hereby waive any entitlement to payments made to or fees paid to BOCA GAMES by operation of the Smart Contracts.
All Your transactions on the Platform, including but not limited to purchasing or confirming, are facilitated by Smart Contracts existing on the blockchain network. The blockchain network requires the payment of a Gas fee for every transaction that occurs on the blockchain network, and thus every transaction occurring on the Platform. The value of the Gas Fee changes, often unpredictably, and is entirely outside of the control of the Platform. You acknowledge that under no circumstances will a contract, agreement, sale, or other transaction on the Platform be invalidated, revocable, retractable, or otherwise unenforceable on the basis that the Gas Fee for the given transaction was unknown, too high, or otherwise unacceptable to You. You also acknowledge and agree that Gas Fees are non-refundable under all circumstances.
Taxes and Duties. You are responsible for paying any and all sales, use, value-added, and other taxes, duties, and assessments now or hereafter claimed or imposed by any governmental authority, associated with Your use of the Platform (including, without limitation, any taxes that may become payable as a result of acquiring Digital Assets).
9. REPRESENTATIONS, WARRANTIES AND UNDERTAKINGS
By using the Services, including participating in any events related to the Services, You represent and warrant to BOCA GAMES as follows:
You have full power and capacity to accept these Terms and perform all Your obligations hereunder and in the case where You are a body corporate or acting on behalf of a body corporate:
the body corporate is duly incorporated and validly existing under the Applicable Laws; and
such body corporate is duly authorized to accept these Terms and perform obligations hereunder;
no consent, approval, order or authorization of, or registration, qualification, designation, declaration or filing with, any regulatory authority in any jurisdiction (“Approvals”) is required on Your part in connection with Your use of the Services or, where any Approvals are required, such Approvals have been obtained and remain valid and in full force and effect;
these Terms constitute a legal, valid, and binding obligation on You, enforceable against You in accordance with its terms;
You will not access or use the Website or Services to conduct, promote, or otherwise facilitate any illegal activity;
You are not using the Services to obtain or use any Silver Capsules for any illegal purpose;
the provision of these Terms, any part thereof or any copy thereof, or acceptance of the same by You, is not prohibited or restricted by Applicable Laws, regulations or rules in Your jurisdiction, and where any restrictions in relation to possession are applicable, You have observed and complied with all such restrictions at Your own expense and without liability to the BOCA GAMES;
You are using the Services as principal and for Your own benefit and You are not acting on the instructions of, or as nominee or agent for or on behalf of any other person;
all of the representations and warranties that You provide pursuant to these Terms are true, complete, accurate and not misleading from the time of Your acceptance of these Terms.
By using the Services, You hereby agree and acknowledge that:
the Silver Capsules are not intended to constitute securities of any form, units in a business trust, units in a collective investment scheme, capital markets product, or any other form of regulated investment or investment product in any jurisdiction;
these Terms do not constitute a prospectus or offer document of any sort and is not intended to constitute an offer of securities of any form, units in a business trust, units in a collective investment scheme, capital markets product, or any other form of regulated investment or investment product in any jurisdiction or a solicitation for any form of investment in any jurisdiction;
none of the Silver Capsules should be construed, interpreted, classified or treated as enabling, or according any opportunity to You to participate in or receive profits, income, or other payments or returns arising from or in connection with the Project, Silver Capsules or the proceeds of any sale of Silver Capsules, or to receive sums paid out of such profits, income, or other payments or returns;
while the Silver Capsules are not intended to have any function and/or utility associated with them as at the date of these Terms, nothing in these Terms shall prevent such development and/or modification;
no regulatory authority has examined or approved of these Terms, no action has been or will be taken under the laws, regulatory requirements or rules of any jurisdiction and the publication, distribution or provision of these Terms to You does not imply that the Applicable Laws, regulatory requirements or rules have been complied with;
You bear the sole responsibility to determine what tax implications (if any) Your use of the Services may have for You, and agree not to hold the BOCA GAMES, its Affiliates, representatives, employees, directors, agents or any other person liable for any tax liability associated with or arising therefrom;
none of the BOCA GAMES, its Affiliates, representatives, employees, directors and agents shall be liable for any lost profits or any special, incidental, direct, indirect, intangible, punitive, exemplary or consequential damages (including, but not limited to, where related to loss of revenue, income or profits, loss of use or data, or damages for business interruption), whether based in contract, tort, negligence, strict liability, or otherwise and whether within the parties’ reasonable contemplation or not, arising out of or in connection with any acceptance of or reliance on these Terms or any part thereof by You;
the BOCA GAMES and its Affiliates shall have no liability for any such losses arising from the risks as set out in these Terms; and
YOU WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR A CLASS WIDE ARBITRATION AGAINST THE BOCA GAMES, ITS AFFILIATES, REPRESENTATIVES, EMPLOYEES, DIRECTORS, AGENTS AND/OR ANY PERSON INVOLVED IN THE AIRDROP.
10. RESTRICTIONS ON USE OF THE WEBSITE
You must not do or attempt to do any of the following, or use the Website to do any of the following:
Use the Website in any manner that could damage, disable, overburden, impair any service provided or function of the Website, interfere with any other party’s use or enjoyment of the Website, or negatively affect the BOCA GAMES’ reputation;
Gain unauthorized access to the Website, other accounts, computer systems, or networks connected to the Website through hacking, password mining, or any other means;
Obtain or attempt to obtain any materials, content, or data through any means not intentionally made available through the Website, or manipulate any content on the Website by way of hacking, backdoor code insertion, or any other means;
Decompile, reverse engineer, or disassemble the Website;
Infringe or misappropriate the BOCA GAMES’ and its Affiliates’ Intellectual Property Rights or the Intellectual Property Rights of any person, remove any copyright, trademark or other proprietary rights notices contained in or on the Website or any part of it;
Use the Website in any manner that is unlawful, prohibited by these Terms, or any other notices and conditions issued by BOCA GAMES and/or its Affiliates from time to time, or engage in, promote, or encourage illegal activity (including, without limitation, terrorism, tax evasion, or money laundering);
Send, upload, distribute, or disseminate any unlawful, defamatory, harassing, abusive, fraudulent, obscene, or otherwise objectionable content, or any content that contains hate-related or violent content, viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other items of a destructive or deceptive nature;
Defraud the BOCA GAMES, other users, or any other person, provide false, inaccurate, or misleading information, create user accounts by automated means or under false or fraudulent pretenses, or exploit the Website for any unauthorized commercial purpose;
Interfere with another individual’s or entity’s access to or use of the Website, defame, abuse, extort, harass, stalk, threaten, or otherwise violate or infringe the legal rights (such as, but not limited to, rights of privacy, publicity, and intellectual property) of others, incite, threaten, facilitate, promote, or encourage hate, racial intolerance or violent acts against others, or harvest or otherwise collect information from the Website about others, including without limitation email addresses, without proper consent;
Reformat or frame any portion of the Website, or display any content on the Website that contains material, products, or services that violate or encourage conduct that would violate any criminal laws, any other applicable laws, or any third-party rights;
Use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Website or the content posted on the Website, or to collect information about its users for any unauthorized purpose;
Access or use the Website for the purpose of creating a product or service that is competitive with any of the BOCA GAMES’ products or services.
11. TERMINATION
You may terminate these Terms at any time by canceling Your account on the Website and discontinuing Your access to and use of the Website. You will not receive any refunds if You cancel Your account, or otherwise terminate these Terms. You agree that We, in Our sole discretion and for any or no reason, may terminate these Terms and suspend and/or terminate Your account(s) for the Website. You agree that any suspension or termination of Your access to the Website may be without prior notice, and that we will not be liable to You or to any third party for any such suspension or termination. If We terminate these Terms or suspend or terminate Your access to or use of the Website due to Your breach of these Terms or any suspected fraudulent, abusive, or illegal activity, then termination of these Terms will be in addition to any other remedies We may have at law or in equity. Upon any termination or expiration of these Terms, whether by You or Us, You may no longer have access to information that You have posted on the Website or that is related to Your account, and You acknowledge that We will have no obligation to maintain any such information in Our databases or to forward any such information to You or to any third party.
We have the right, without provision of prior notice, to take appropriate legal action, including, without limitation, referral to law enforcement or regulatory authority, or notifying the harmed party of any illegal or unauthorized use of the Website. Without limiting the foregoing, We have the right to fully cooperate with any law enforcement authorities or court order requesting or directing Us to disclose the identity or other information of anyone using the Website.
You waive and hold BOCA GAMES, including each of Our respective affiliates, subsidiaries, parents, successors and assigns, and each of their respective officers, directors, employees, agents, shareholders, service providers, contractors, suppliers, licensors and licensees harmless from any and all claims resulting from any action taken by Us and any of the forgoing parties relating to any investigations by either Us or such parties or by law enforcement authorities.
12. INTELLECTUAL PROPERTY
For the avoidance of doubt, all intellectual property rights including the invention, patent, utility model right, copyright and related right, registered design, unregistered design right, trade mark, trade name, internet domain name, design right, design, service mark, database rights, topography rights, rights in get-up and trade dress, rights in goodwill or to sue for passing off and any other rights of a similar nature or other industrial or intellectual property rights owned or used by the BOCA GAMES in any part of the world whether or not any of the same is registered (or capable of registration), including applications and the right to apply for and be granted, extensions or renewals of and rights to claim priority from, such rights and all equivalent or similar rights or protections which subsist now or will subsist in the future (“Intellectual Property Rights”) comprised in the information, text, graphics, logos, images, audio clips, data compilations, scripts, software, technology, sound or any other materials or works found in materials provided by the BOCA GAMES and/or its Affiliates and service providers, including (but not limited to) any Content in the Website, shall vest in and remain the property of the BOCA GAMES, its Affiliates and/or its service providers, and the User shall receive no entitlement to any Intellectual Property Rights. Accordingly, except as otherwise provided or agreed between us and You, the contents of the Website, including but not limited to Content, software, code, scripts, webpages, graphical user interface, video, graphics or other material, shall not be used, modified, reproduced, republished, uploaded, posted, transmitted, performed, licensed or otherwise used or distributed in any way, without the prior permission of the BOCA GAMES. The arrangement of such contents is owned by the BOCA GAMES or its Affiliates or service providers and is protected by national and international intellectual property rights protection laws. Any action as such will be a violation of the BOCA GAMES’s, its Affiliates’ and/or its service providers’ copyright and other Intellectual Property Rights.
There are no implied licenses under these Terms and the BOCA GAMES reserves any rights not expressly granted to You hereunder.
13. DISCLAIMER
The BOCA GAMES, its Affiliates, representatives, employees, directors and agents do not make, and hereby disclaim, to the maximum extent permitted by all Applicable Laws, any representation or warranty in any form whatsoever, whether implied, express or statutory, including any representation or warranty:
in relation to the accuracy, correctness, reliability, timeliness, non-infringement, title, merchantability or fitness for any particular purpose of any contents or functions on the Website;
that the Website will be free of all viruses or other harmful elements;
that certain products, company names or material displayed on the Website do not contain intellectual property belonging to third parties. The BOCA GAMES does not warrant or represent that if a User uses such material, it will not infringe the legal rights of these third parties; and
The BOCA GAMES shall also not be liable for any damage or loss of any kind caused as a result (including, without limitation direct, indirect, special or consequential damages) of the use of the Website, including (without limitation) any damage or loss suffered as a result of reliance on the contents contained in or available from the Website, or any system, server or connection failure, error, interruption or delay in transmission.
Silver Capsules.
The Silver Capsules is provided on an “as-is” and “as-available” basis without warranties or representations of any kind. The BOCA GAMES, its Affiliates, representatives, employees, directors and agents do not make, and hereby disclaim, to the maximum extent permitted by all Applicable Laws, any representation or warranty in any form whatsoever, whether implied, express or statutory, including any representation or warranty:
in relation to the Silver Capsules, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement;
that the Silver Capsules or the delivery mechanism for Silver Capsules used in the Services will be free of viruses or other harmful components; and
The BOCA GAMES shall also not be liable for any damage or loss of any kind caused as a result (including, without limitation direct, indirect, special or consequential damages) of the use of the Silver Capsules and the Services.
As at the date of these Terms, the Silver Capsules do not have any functions, utilities or rights whatsoever attached to them and there is no guarantee, no representation, no warranty, no expectation and no promise that any functions, utilities or rights will, if ever, be accorded to them. You expressly acknowledge and agree to this, and waive all rights, claims and/or causes of action and release the BOCA GAMES, its Affiliates, representatives, employees, directors and agents from all responsibilities, liabilities, claims, demands and/or damages (actual and consequential) of every kind and nature, known and unknown and forbear to sue the BOCA GAMES, its Affiliates, representatives, employees, directors and agents for any losses, damages or costs incurred as a result of, or in connection with the Services.
To the maximum extent permitted by all Applicable Laws, regulations and rules, the BOCA GAMES, its Affiliates, representatives, employees, directors and agents hereby expressly disclaim their liability and shall in no case be liable to you or any person for:
postponement, suspension and/or abortion of the Project, Airdrop and/or the launch of Silver Capsules or Tokens;
any failure, or disruption to, the Project, the Airdrop, the operations of the BOCA GAMES, the Website or any other technology associated therewith, due to any reason, including but not limited to occurrences of hacks, mining attacks (including but not limited to double-spend attacks, majority mining power attacks and "selfish-mining" attacks), cyber-attacks, distributed denials of service, errors, vulnerabilities, defects, flaws in programming or source code or otherwise, regardless of when such failure, malfunction, breakdown, or disruption occurs;
any failure, malfunction, virus, error, bug, flaw, defect in the technology connected with or use for affecting the Airdrop or your participation in the Airdrop;
any prohibition, restriction or regulation by any government or regulatory authority in any jurisdiction applicable to the Project, the Airdrop or your participation in the Airdrop;
loss of possession of the credentials in any manner and to any extent;
failure to disclose information relating to the Project or Airdrop;
any risks associated with your participation in the Airdrop or holding of Silver Capsules; and
all other risks, direct, indirect or ancillary, whether in relation to your participation in the Project, Airdrop and/or holding of Silver Capsules which are not specifically or explicitly contained in or stated in these Terms.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BOCA GAMES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL BOCA GAMES BE LIABLE TO YOU FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER AND/OR DEVICE OR TECHNOLOGY FAILURE OR MALFUNCTION, OR FOR ANY FORM OF DIRECT OR INDIRECT DAMAGES, AND/OR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES BASED ON ANY CAUSES OF ACTION WHATSOEVER RELATED TO ANY DIGITAL ASSET, INCLUDING BUT NOT LIMITED TO THE USE OR ACQUISITION OF DIGITAL ASSETS, THE PLAY OF GAMES, ANY TECHNOLOGY AND/OR PARTIES RELATED TO THE USE OR ACQUISITION OF DIGITAL ASSETS, INCLUDING BUT NOT LIMITED TO BLOCKCHAIN AND/OR DIGITAL WALLET.
WITH RESPECT TO THE SERVICES. ANY INFORMATION PROVIDED BY OR ON BEHALF OF BOCA GAMES ON ANY PLATFORM OR THROUGH THE SERVICES IS FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES ONLY AND SHOULD NOT BE CONSTRUED AS, NOR IS IT INTENDED AS, AN OFFER TO SELL, OR THE SOLICITATION OF AN OFFER TO BUY, ANY INTEREST IN ANY SECURITY, ENTITY, INVESTMENT VEHICLE OR CONTRACT, INCLUDING, BUT NOT LIMITED TO, WITH RESPECT TO DIGITAL ASSETS.
14. LIMITATION OF LIABILITY AND EXCLUSIVE REMEDIES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, IN NO EVENT SHALL THE BOCA GAMES, ITS AFFILIATES, REPRESENTATIVES, EMPLOYEES, DIRECTORS AND AGENTS BE LIABLE FOR ANY LOST PROFITS OR ANY SPECIAL, INCIDENTAL, DIRECT, INDIRECT, INTANGIBLE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, WHERE RELATED TO LOSS OF REVENUE, INCOME OR PROFITS, LOSS OF USE OR DATA, OR DAMAGES FOR BUSINESS INTERRUPTION), WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE AND WHETHER WITHIN THE PARTIES’ REASONABLE CONTEMPLATION OR NOT, ARISING OUT OF OR IN CONNECTION WITH AUTHORISED OR UNAUTHORISED USE OF THE WEBSITE, OR IN ANY WAY RELATED TO SERVICES, THE PROJECT OR OTHERWISE RELATED TO THESE TERMS, EVEN IF THE BOCA GAMES HAS BEEN ADVISED OF OR KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE WITHIN THE REASONABLE CONTEMPLATION OF THE PARTIES.
Without prejudice to Clause 14.1, and to the maximum extent permitted by Applicable Laws, You hereby agree that the aggregate liability of the BOCA GAMES, its Affiliates, representatives, employees, directors, agents and such other persons involved in the Services in tort, contract or otherwise, arising out of or in connection with the Services shall in any event be limited to USD 75.
15. INDEMNIFICATION
You will defend, indemnify, and hold BOCA GAMES, including each of Our respective affiliates, subsidiaries, parents, successors and assigns, and each of their respective officers, directors, employees, agents, shareholders, service providers, contractors, suppliers, licensors, and licensees, harmless from any claims, actions, suits, losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of Your acquisition or possession of the Digital Assets and/or Your access or use of the Platform, including:
Your breach of these Terms or the documents it incorporates by reference;
Your misuse of the Platform;
Your violation of any applicable law or the rights of a third party as a result of Your own interaction with such third party;
any allegation that any materials/information that You submit to us or transmit in the course of accessing/using the Platform, communications seeking Our consent to activities or otherwise, infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or
any other activities in connection with the acquired Digital Assets or Your accessing/using the Platform.
This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.
You agree that We will have control of the defense or settlement of any such claims.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, YOU HEREBY INDEMNIFY, DEFEND AND HOLD THE BOCA GAMES, ITS AFFILIATES, REPRESENTATIVES, EMPLOYEES, DIRECTORS, AGENTS AND SUCH OTHER PERSONS INVOLVED IN THE SERVICES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, LOSSES, SUITS, ACTIONS, DEMANDS, PROCEEDINGS, EXPENSES, AND/OR LIABILITIES (INCLUDING BUT NOT LIMITED TO REASONABLE LEGAL FEES INCURRED AND/OR THOSE NECESSARY TO SUCCESSFULLY ESTABLISH THE RIGHT TO INDEMNIFICATION) FILED/INCURRED BY ANY THIRD PARTY AGAINST THE BOCA GAMES, ITS AFFILIATES, REPRESENTATIVES, EMPLOYEES, DIRECTORS, AGENTS AND SUCH OTHER PERSONS INVOLVED IN THE SERVICES, WHICH ARISE OUT OF A BREACH BY YOU OF ANY WARRANTY, REPRESENTATION, OR OBLIGATION HEREUNDER.
16. ASSUMPTION OF RISK
You agree that You assume the following risks:
To the extent there is a price or market for a blockchain asset such as a Digital Asset, such markets and prices are extremely volatile, and variations in the price of other digital assets could materially and adversely affect the value of any digital asset(s) You own, including Your acquired Digital Assets, and there is no guarantee that Your acquired Digital Assets will have or retain any value.
There are risks associated with using Internet-native assets (e.g., non-fungible tokens, cryptocurrencies, etc.) including, but not limited to, the risk of hardware, software and Internet connections and/or failures, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to information stored within Your Wallet or elsewhere, and BOCA GAMES will not be responsible for any of these, however caused.
Upgrades to the blockchain, a hard fork or other change in the blockchain Platform, a failure or cessation of blockchain, or a change in how transactions are confirmed on the blockchain Platform may have unintended, adverse effects on all blockchains using such technologies, including without limitation acquired Digital Assets.
BOCA GAMES does not make any promises or guarantees related to Your linked wallet, blockchain or any other third parties related to Your use of the Platform and each of their applications and/or services, including but not limited to the continued availability of either and/or the protection and/or storage of any data You provide to those parties.
The risk of mining attacks.
The risk of hacking, security weaknesses, fraud, counterfeiting, cyber attacks and other technological difficulties.
The risk of changes to the regulatory regime governing blockchain technologies, cryptocurrencies, and tokens and new regulations, unfavorable regulatory intervention in one or more jurisdictions or policies any of which may materially adversely affect the use and value of Your acquired Digital Assets.
The risks related to taxation. You are solely responsible for determining what, if any, taxes apply to Your Digital Asset-related transactions. We are not responsible for determining the taxes that apply to Your transactions on the Platform.
Digital Assets are not legal tender and are not backed by any government.
BOCA GAMES is not responsible for any transaction between You and a third party (e.g., Your transfer of an acquired Digital Asset to a third party on a third party website or application that permits the inclusion, involvement, or participation of Your acquired Digital Assets), and We shall have no liability in connection with any such transaction.
In addition to assuming all of the above risks, BOCA GAMES cannot and does not represent or warrant that any acquired Digital Asset, or its supporting systems or technology, is reliable, current or error-free, meets Your requirements, or that defects in the acquired Digital Asset, or its supporting systems or technology, will be corrected. BOCA GAMES cannot and does not represent or warrant that the acquired Digital Asset or the delivery mechanism for it are free of viruses or other harmful components. You accept and acknowledge that BOCA GAMES will not be responsible for any communication failures, disruptions, errors, distortions or delays You may experience related to the use or acquisition of Digital Assets on the Platform. In the event of an error, BOCA GAMES reserves the right to correct such error and revise Your order accordingly (which includes charging the correct price) or to cancel the order and refund any amount charged.
17. FORCE MAJEURE
We will not be deemed in default nor be liable or responsible to You for any cessation, interruption, failure or delay in fulfilling or performing any of these Terms due to causes beyond Our reasonable control including, but not limited to: earthquake, flood, fire, storm or other natural disaster, act of God, COVID-19, pandemic, labor controversy or threat thereof, civil disturbance or commotion, disruption of the public markets, war or armed conflict or the inability to obtain sufficient material, supplies, labor, transportation, power or other essential commodity or service required in the conduct of its business, including internet access, or any change in or the adoption of any law, ordinance, rule, regulation, order, judgment or decree.
If We suffer such events as contemplated under Clause 17.1, We will use reasonable efforts to promptly notify You of such events, stating the period of time the occurrence is expected to continue. We will use diligent efforts to end the cessation, interruption, failure or delay and ensure the effects of such events are minimized. We will resume the performance of Our obligations as soon as reasonably practicable after the removal of the cause. In the event that Our cessation, interruption, failure or delay remains uncured for a period of ninety (90) consecutive days following written notice given by Us, We may thereafter terminate these Terms upon fifteen (15) days' written notice.
18. PRIVACY
In order to access certain features of the Platform, You may be required to provide information about Yourself such as Your name, address, billing details, and wallet address. BOCA GAMES’ Privacy Policy explains how BOCA GAMES treats Your personal data and protects Your privacy when using the Platform. Any such information You provide to BOCA GAMES must always be accurate, correct, and up to date. BOCA GAMES may provide Your personal information to third parties for the purposes of processing Your transactions and/or provisioning services for You.
19. OPERATION OF BLOCKCHAIN LEDGER
BOCA GAMES may record the activities of You in the form of blockchain transactions for the purpose of smooth operation of the service, data collection, and testing to improve the service delivery environment. For this purpose, BOCA GAMES can generate blockchain transaction records matching the automatically collected items (login records) at its own expense.
BOCA GAMES may record blockchain transaction records according to this section, matched with specific Users. However, if an User revokes consent for the collection and use of personal information, BOCA GAMES will completely destroy the matching information between the User and the blockchain transaction records, anonymizing the personal information through methods such as destruction.
For the purposes of the foregoing, BOCA GAMES may create and use a wallet. In this case, the wallet and the assets stored in it are owned by BOCA GAMES. To clarify, this wallet does not refer to a wallet owned by the User that is directly linked by the User. Also, this wallet is not used for the purpose of storing or managing any assets owned by any Users.
20. MISCELLANEOUS
Entire Agreement. These Terms constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior oral and written discussions, memoranda, understandings and undertakings between them. Without prejudice to the generality of the foregoing, save as expressly provided in these Terms, no information contained in or on any website or other social media channels directly or indirectly linked to the Project or Silver Capsules shall constitute part of these Terms.
Costs and Expenses. Each party to these Terms shall bear their own respective costs and expenses incurred in connection with the Airdrop, the execution of these Terms and the performance of their respective obligations hereunder.
Waiver. The rights and remedies of each party shall not be affected by any failure to exercise or delay in exercising any right or remedy or by the giving of any indulgence or by anything whatsoever except a specific waiver or release in writing and any such waiver or release shall not prejudice or affect any other rights or remedies of such party. No single or partial exercise of any right or remedy shall prevent any further or other exercise thereof or the exercise of any other right or remedy.
Taxation. Each User bears the sole responsibility for determining if the receipt of Silver Capsules pursuant to these Terms, has tax implications for such Users in the User’s jurisdiction. By agreeing to these Terms and to the extent permitted by Applicable Laws, the Users agrees not to hold any of the BOCA GAMES, its Affiliates, representatives, employees, directors and agents, liable for any tax liability associated with or arising from the receipt of Silver Capsules. The Users is solely responsible for withholding, collecting, reporting, paying, settling and/or remitting any and all taxes to the appropriate tax authorities in such jurisdiction(s) in which the User may be liable to pay tax as a result of the User’s receipt of the Silver Capsules under or in connection with these Terms. The BOCA GAMES shall not be responsible for withholding, collecting, reporting, paying, settling and/or remitting any taxes payable by the Users (including, but not limited to, any income, capital gains, sales, value added or similar tax) which may arise from the User’s receipt of the Silver Capsules under or in connection with these Terms.
Time of Essence. Any time or period mentioned in any provision of these Terms may be extended by mutual agreement between the parties but as regards any time, date or period originally fixed or any time, date or period so extended as aforesaid time shall be of the essence.
No Assignment. The BOCA GAMES may, at its sole and absolute discretion, assign its rights and/or delegate its duties under these Terms. You may not assign your rights or delegate your duties, and any assignment or delegation without the written consent of the BOCA GAMES, which the BOCA GAMES may withhold at its sole and absolute discretion, shall be void.
Severability. If any provision or any portion of any provision of these Terms or the application of any such provision or any portion thereof to any person or circumstance, shall be held invalid or unenforceable, the remaining portion of such provision and the remaining provisions of these Terms, and the application of such provision of portion of such provision as is held invalid or unenforceable to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby.
Third Party Rights. A person who is not a party to these Terms has no right to enforce any Terms, but the BOCA GAMES’ assignees, representatives, employees, directors, agents, service providers and Affiliates shall be deemed beneficiaries of these Terms as if they are parties thereto and shall have the rights to enforce the provisions of these Terms.
Governing Law. These Terms shall be governed by and construed in accordance with the laws of Panama.
Dispute Resolution. Any dispute, controversy or claim arising under, out of, in connection with or in relation to these Terms, including any dispute as to its existence, validity, interpretation, performance, breach or termination and any dispute relating to any non-contractual obligations arising out of or in connection with it shall be referred to and finally resolved in the courts of Panama.
21. SPECIAL TERMS FOR PUZZLE CHAMPIONS GAME
Fair Gameplay and Sanctions.
PUZZLE CHAMPIONS Game strives to provide a fair and enjoyable gaming experience for all users. To this end, we strictly prohibit any behavior that compromises the integrity and fairness of the game.
The following actions are strictly forbidden and may result in immediate suspension or permanent deletion of the user's account:
Manipulating the game client or server to obtain in-game currency or scores through abnormal methods
Using automated programs (bots) to play the game
Exploiting bugs or glitches in the game for unfair advantages
Any other actions deemed by the administrators to undermine the fairness of the game
We reserve the right to continuously monitor game data and investigate any account suspected of abnormal gaming activity.
If our investigation determines, at our sole discretion, that abnormal gaming activity has occurred or is strongly suspected, the account in question may be immediately suspended or permanently deleted without prior notice.
Users whose accounts are suspended or deleted will lose all in-game currency, scores, benefits, etc. associated with that account and cannot claim compensation for these losses.
We reserve the right to introduce additional security measures or modify these terms at any time if deemed necessary to maintain the fairness and integrity of the game.
This clause applies to all aspects of the PUZZLE CHAMPIONS Game service (including Staking services), and users are considered to have agreed to these terms, including this clause, by using the game.
We may, at our discretion, take appropriate action against any account that shows unusual or suspicious activity patterns, even in the absence of direct evidence of manipulation. This is to ensure the overall fairness and integrity of the game environment.
By continuing to use our services after the implementation of these terms, you acknowledge and agree to abide by these rules and accept the potential consequences of any violations.
Relationship to General Terms.
These Special Terms for PUZZLE CHAMPIONS Game are in addition to and do not replace the general Terms and Conditions outlined in the preceding sections.
In case of any conflict between these Special Terms and the general Terms and Conditions, these Special Terms shall prevail with respect to your use of the PUZZLE CHAMPIONS Game.
All provisions of the general Terms and Conditions, including but not limited to "DISCLAIMER", "LIMITATION OF LIABILITY AND EXCLUSIVE REMEDIES", and "INDEMNIFICATION", shall apply to your use of the PUZZLE CHAMPIONS Game, unless explicitly stated otherwise in these Special Terms.
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