Terms of Use

CityVerse Tycoon – Terms of Use

Last Updated: May 15 , 2024

Prior versions of this Terms of Use can be found at https://app.gitbook.com/o/uhUPxZIBNFyQHh106vfM/s/5yCzf5Hi5CkTzDlTaBKO/~/changes/16/important-information/terms-of-use/archive

These Terms of Use ("Terms") constitute a binding legal agreement between you ("you," "your," or "user(s)") and OwnPlay Inc. and its Affiliates (collectively, "OwnPlay," "we," "our," or "us"), a Web 3.0 gaming platform ("Platform"), and govern your access and use of the webpages, tools, and applications that make up our game found on the website http://cityversetycoon.com ("Cityverse Tycoon" or "Game"), and the various features, content, Virtual Items, and any other related services provided by OwnPlay whether or not made available via the Game, including but not limited to products and features found on the Game such as the Bulletin Board, Game Coins, OWN Points, Piggy Banks, and Buildings (together with the Game, the "Service(s)").

If you have any questions, please don't hesitate to contact us at [e-mail]. Our Privacy Policy, available at ("Privacy Policy"), governs our collection of Personal Data (as defined in the Privacy Policy) about you. It also includes details about the types of Personal Data we collect, what we do with it, the security measures we use to keep it safe, and the rights you have regarding your Personal Data.

1. AGREEMENT TO THESE TERMS

By accessing and using our Services, you affirmatively signify that you have read, understood, and agreed to be bound by these Terms, our Privacy Policy, and any other policies we make available and shall amend from time to time, each incorporated herein by reference. If you do not agree to these Terms or the Privacy Policy, you must not register an account or otherwise use or access the Services.

ARBITRATION NOTICE: IN ADDITION, BY ACCEPTING THESE TERMS, YOU ALSO AGREE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THAT ANY CLAIM, DISPUTE OR CONTROVERSY OF WHATEVER NATURE ARISING OUT OF OR RELATING TO THESE TERMS AND/OR YOU USE OF THE SERVICES SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION IN ACCORDANCE WITH THE PROCESS DESCRIBED IN SECTION ‎13 BELOW.

If you do not agree to these Terms or the Privacy Policy, you must not register an account or otherwise use or access the Services.

2. KEY DEFINITIONS

An “Affiliate” of OwnPlay is any entity that controls, is controlled by, or is under common control with OwnPlay, where “control” means ownership of 50% or more of the shares or other ownership interest in an entity or the ability to direct the management or policies of an entity, whether now or in the future.

"Buildings" means the digital collectible NFTs of buildings we offer.

"Bulletin Board" means the in-game marketplace that allows users to trade game related NFTs with each other.

"Dice-Rolls" refers to a specific feature within the Game.

"Digital Collectibles" consist of the applicable NFT (Buildings or other NFTs generated as a result of interacting with the Game) and the license rights granted to the Holder (the person with control over the associated NFT).

"NFT" means non-fungible blockchain-based digital token generated as a result of interacting with the Game.

"Game Coins" means the virtual in-game currency of the Game, serving as unit of credits for in-game transactions. Game Coins, a Virtual Item provided by the Game, can be earned through various in-game actions and can be used for transactions within the Game, including upgrading Buildings and leveling up. Game Coins are not redeemable for any sum of fiat or monetary value from OwnPlay at any time. You acknowledge and agree that OwnPlay has the authority to manage, regulate, control, modify, and/or eliminate Game Coins as it deems appropriate, without liability to you, in its sole discretion, in any general or specific case. It's prohibited to use Game Coins for any form of wagering, betting, or gambling within or outside of the Game. Reselling or distributing Game Coins outside of the Game is not allowed. OwnPlay exclusively owns Game Coins and retains all associated intellectual property rights. You acknowledge that you neither own nor possess any rights to the intellectual property associated with Game Coins at any time.

"OWN Points" means the virtual in-game currency of the Game, serving as unit of credits for in-game transactions. Own Points, a Virtual Item provided by the Game, can be earned through various in-game actions and can be used for transactions within the Game, including upgrading Buildings and leveling up. Own Points are not redeemable for any sum of fiat or monetary value from OwnPlay at any time. You acknowledge and agree that OwnPlay has the authority to manage, regulate, control, modify, and/or eliminate Own Points as it deems appropriate, without liability to you, in its sole discretion, in any general or specific case. It's prohibited to use Own Points for any form of wagering, betting, or gambling within or outside of the Game. Reselling or distributing OWN Points outside of the Game is not allowed. OwnPlay exclusively owns Own Points and retains all associated intellectual property rights. You acknowledge that you neither own nor possess any rights to the intellectual property associated with Own Points at any time.

"Piggy Bank" refers to a specific feature within the Game – a mechanism that users can unlock as they advance in the game and collect prizes awarded to them during gameplay.

"Related Content" means content related to NFTs, whether or not copyrighted or copyrightable, and regardless of the format in which any of the foregoing is made available.

"Smart Contracts" means the computer code executed in response to transactions published on the Ethereum blockchain that generates a consistent and verifiable result.

"Virtual Items" mean virtual in-game assets that are earned or obtained within the Game. These assets include bonuses, Game Coins, OWN Points, points, credits, and other forms of in-game value. These Virtual Items are specifically designed for use within the Game and are governed by these Terms.

"Wallet" means a digital wallet which allows the performance of transactions registered over the blockchain.

3. USE OF OUR SERVICES

OwnPlay's Services include an online platform for online games, using web applications and services that we may provide from time to time. Certain features and competitions may require you to register with OwnPlay and create an account by providing us with certain information about yourself as further described herein.

4. DEVICE INFORMATION

To use our Services, a user must have an internet connection to connect to our servers, and we may collect certain information from you and your internet-enabled device ("Device") in order to make the Services available to you, such as hardware system profile data, internet connection data and any other data related to the operation of the Services from any device that logs onto the Services using your account. We will use this information in accordance with our Privacy Policy. We do not warrant that our Services will work on all devices. You are solely responsible for obtaining and maintaining compatible devices necessary to access and use our Services, as updated from time to time.

5. ELIGIBILITY

Our Services are intended solely for users who are eighteen (18) years of age or older (unless the applicable age of majority in your state of residence is higher), and any registration, use or access to the Services by anyone under 18 is unauthorized, unlicensed and in violation of these Terms. If we have any reason to believe that you are under the applicable legal age, we may terminate your account, delete any content or information that you have submitted to the Services, and prohibit you from using or accessing any portion, aspect, or feature of the Services.

By accessing the and/or otherwise using the Services, you represent and warrant that you:

(i) Are over the age of eighteen (18) and/or over the legal age of majority under applicable law in the jurisdiction in which you reside;

(ii) Have the legal power to form a binding contract with OwnPlay; and/or

(iii) Agree to at all times abide by these Terms and all applicable laws.

If you do not meet all these requirements, you must not access and/or use the Services, and we may suspend or close your account with or without notice.

6. ACCOUNT REGISTRATION

When you create an account, you'll need to provide certain information, which may include: (a) registering a unique username and password; (b) providing contact information, such as your name, phone number, and email address; (c) connecting your Wallet (see further details below); and (d) any other information requested during the account registration process. Each user is allowed only one account and cannot use or access multiple accounts at the same time.

Wallet. You have the option to connect your Wallet, though it is not mandatory. If you wish to connect a Wallet but don't have one, a Wallet can be created for you through a third-party service provider. To engage with Smart Contract(s), it is necessary to possess a third-party-provided Wallet, and its details will be linked to your account as applicable. The usage of the Wallet is governed by the terms and conditions of the third-party Wallet provider, along with their Personal Data collection practices. You are solely responsible for the security of your Wallet and any associated activities, even if unauthorized, and you affirm that the Wallet is yours and intended for personal use. To the maximum extent permitted by law, OwnPlay is not liable for losses or damages resulting from unauthorized Wallet use, including situations where you lose access to your Wallet.

Your account is personal and grants you access to the Services and features that we may establish and maintain at our sole discretion. By using the Services, you agree to provide true and accurate information about yourself as required for use on the Website.

You are responsible for keeping your account information secure. Please do not share your account information with others. If you suspect unauthorized activity or lose control of your password, promptly notify us. Regardless of whether these actions are taken by you or an unauthorized third party, you are solely responsible for any activities related to your account.

As the account holder, you must comply with these Terms, and only you are entitled to the benefits accruing thereto. You may not allow others to (i) access your account; or (ii) access the Services through your account.

We reserve the right to verify your account details, including name, address, age, and payment methods, at any time by requesting certain documents or processing your technical data. These documents may include an identity card, proof of address such as a utility bill, and proof of your payment method. If deemed necessary, we may request notarized copies of these documents, meaning they are stamped and attested by a Public Notary. Failure to provide requested documents may result in the termination of your account, with any funds held therein being withheld, at our sole discretion.

We reserve the right at any time to investigate your account, conduct background checks and credit checks to ensure compliance with these Terms and our obligations. If we determine your account is or has been involved in illegal or improper activity, we may terminate your account without notice or liability.

You agree to promptly update provided information or data or to provide additional items as part of our ongoing efforts to prevent illegal and fraudulent activities, and/or to comply with any other policies or protocols we elect to put in place. You agree that all information and data that you provide to us either at the time you register for an account or at any subsequent time will be truthful, accurate and verifiable in all respects and, by providing such information and data, you consent to us submitting it to third party providers of age verification and identification services to verify your account.

In order to encourage user success in our games, we may publish data related to the most successful users in various categories of users and statistics, at our sole discretion. We may publish such statistics pertaining to successful users and create informal competitions between various categories of users in a manner which shall be accessible to all users of the game.

7. FEES AND PAYMENT

Cityverse Tycoon offers its basic services for free, however, you may upgrade your game experience by purchasing additional features, such as Dice Rolls, Buildings, and/or other items and/or features available through the Cityverse Tycoon store ("Products"). Each transaction is subject to the Terms of Use in effect at the time of the transaction for use in our Game.

All payments made by you through any payment method are undertaken at your own risk. OwnPlay explicitly disclaims any responsibility concerning the acquisition of Products. All purchases are non-refundable, except if OwnPlay decides otherwise, in its sole discretion.

When purchasing Products, you affirm that (i) you are 18 years or older; (ii) the payment account or Wallet utilized by you for purchasing Products is either issued in your name or you have the authorization to use the PSP account (as defined herein), or Wallet; (iii) the information provided by you is accurate and truthful; and (iv) you agree to pay all fees, charges, and/or taxes ("Fees") made to your account based on our fees, charges, and billing terms in effect.

Owing to the processing procedures of our fiat currency payment processors and blockchain-based cryptocurrency payments, there may be delays in receiving the Products you have purchased. Purchased Products will be available for use as soon as reasonably practicable.

If payment is not made on time or if OwnPlay is unable to charge your PSP, or other payment method for any reason, OwnPlay reserves the right to either (i) suspend or terminate your access to the Game, Services, and your account, or (ii) not fulfill your purchase request. By agreeing to these terms, you expressly authorize OwnPlay to bill you for any applicable Fees incurred in connection with your use of the Game and/or Services, with the Fees being billed to your designated PSP, or other payment method for each purchase.

OwnPlay, at its sole discretion, retains the right to impose transaction limits for the purchase of Products on any user.

Taxes. Prices do not include applicable taxes, if any. You are solely responsible for the payment of any and all taxes, including sales, use, value-added, and other taxes, duties, and assessments (excluding taxes on our net income), whether currently in effect or subsequently claimed or imposed by any governmental authority (collectively referred to as "Taxes") associated with your use of the Services. This responsibility extends to any taxes that may arise due to your ownership, transfer, or acquisition of digital collectibles. With the exception of income taxes imposed on the Game, you agree to: (i) promptly pay or reimburse us for all national, federal, state, local, or other taxes and assessments from any jurisdiction, including value-added taxes and taxes required by international tax treaties, customs, or other import/export taxes, based on charges set, services performed, or payments made under these Terms, as currently imposed or subsequently authorized by any national, state, local, or other taxing jurisdiction; and (ii) refrain from deducting the amount of such taxes, duties, or assessments from payments made to us in accordance with the terms outlined in these Terms.

If you dispute any Fees at any time, OwnPlay reserves the right to contest the dispute, and you acknowledge that OwnPlay may provide all transaction details to the relevant governing body. In the event of account cancellation or termination, you will not be eligible for any refunds. Should you have an outstanding balance on your account, you consent to OwnPlay charging such unpaid Fees to your PSP or billing you through alternative means. You also agree not to create, employ, or utilize any alternative form of virtual currency in connection with transactions on the Game.

8. COMPLIANCE WITH LAWS

You are solely responsible for your compliance with all applicable laws. You must comply with all applicable export and sanction laws and regulations and may not use, export, or transfer any portion of the Services or any related technical information or materials, directly or indirectly, except as authorized by such trade controls.

The trade controls prohibit the use of the Services by any individual located in, under the control of, organized in, or a resident of any country or territory which is the target of sanctions by the U.S. government (currently, Cuba, Iran, Syria, North Korea, and the Crimea region of Ukraine) or any country upon OwnPlay's sole discretion due to local legislation requirements or any other reason upon its sole discretion, or anyone or any entity (or anyone or any entity 50% or more owned by such individual or entities) on any list of prohibited persons or entities maintained by the U.S. or E.U. governments, or by the jurisdictions in which the Services were obtained.

9. PROHIBITED USES

You may use the Services and the Materials only for lawful purposes. You are solely responsible for all the activity on your account in connection with the Services. Except for the license set forth in the preceding license grant above, you acknowledge and agree that you have no right (and shall not permit any third party to) to either: (i) take any action; or (ii) upload, submit, post, or otherwise distribute or facilitate distribution of any content or user submission on or through the Services that:

o is illegal, violent, threatening, abusive, invasive of any person's privacy, harassing, defamatory, libelous, false, deceptive, fraudulent, misleading, untruthful, tortuous, obscene, offensive, pornographic, or otherwise inappropriate, for the purpose of financial gain or to cause any injury to any person, as OwnPlay may determine in its sole discretion;

o contains any harmful or malicious software or computer codes, files or programs that are designed or intended to damage, disrupt, interfere with, or limit, the proper functionality of any software or hardware, or that enables to obtain unauthorized access to any system, data, password or other information of OwnPlay, its users, or any other individual or entity;

o violates any right of publicity or other right of any person or entity, or any law or contractual obligation, including without limitation rights pursuant to data protection, anti-spam and privacy laws and regulations;

o involves commercial activity not expressly permitted by OwnPlay;

o infringes, misappropriates, uses or discloses without authorization, or otherwise violates any intellectual property rights or proprietary rights of any third party;

o uses or launches any automated system, including without limitation, "robots," "spiders," "offline readers", etc., that access the Services in a manner that sends request messages to OwnPlay's servers;

o interrupts or attempts to interrupt the operation of the Services;

o impersonates any individual or entity, including, without limitation, employees or representatives of OwnPlay; or

o is sexually explicit, objectionable, insulting or harassing based on gender, race or ethnicity.

You shall be solely responsible for any and all act or omission of any kind, including any content that you make available (by uploading or otherwise), via your account. As part of the license granted to you, you may not directly or indirectly, or authorize any person or entity to:

(i) network the software among devices;

(ii) reverse engineer, decompile, disassemble, re-engineer or otherwise create or attempt to create or permit, allow, or assist others to create the source code of the Services, or its structural framework;

(iii) create derivative works of the Services;

(iv) use the Services in whole or in part for any purpose except as expressly provided herein;

(v) disable or circumvent any access control or related device, process or procedure established with respect to the Services. You are responsible for all use of the Services that is under your possession or control;

(vi) Access the Services through automated means of any nature; or

(vii) Upload any viruses or malicious code to the Website.

Anyone who engages in, participates in, or displays the behavior listed below can be considered by OwnPlay and in OwnPlay’s sole discretion as using unfair methods:

(i) posting objectionable material;

(ii) breach of these Terms; and/or

(iii) breach of security of your account.

The above-mentioned behavior and any other act (whether through the use of automated technology or otherwise) that unfairly alters your chance of winning or constitutes the commission of fraud (collectively, "Abuse"), will be subject to immediate sanction (as determined by us in our sole discretion), which may include, without limitation:

(i) immediate termination of your account and blocking of your access to the Services;

(ii) any prizes that you may otherwise have been entitled to receive shall be void and forfeited; and/or

(iii) any prizes received by you shall be subject to disgorgement and/or recoupment.

In addition to the foregoing, we reserve the right to disclose or report any money laundering or other illegal activity to law enforcement and regulatory authorities.​

Any attempt to deliberately damage the Services is a violation of criminal and/or civil laws and should such an attempt be made, OwnPlay reserves the right to seek damages and other remedies from you to the fullest extent permitted by law.

You further acknowledge that the forfeiture and/or return of any prize as a result of a violation of these Terms shall in no way prevent OwnPlay from pursuing criminal or civil proceedings in connection with any Abuse.

The limited license granted to you would automatically be terminated, without notice, if you breach any of these Terms.

OwnPlay reserves the right to cease providing the Game and any of the Services at any time.

10. THIRD PARTY SERVICES

The Services may provide links to third-party websites, apps, services, offerings, products or other activities ("Third Party Services") that are not owned or controlled by us. The links are provided to you as a convenience, and do not signify that OwnPlay endorses or is liable in any way for the content, products, services or materials displayed or offered by such Third Party Services.

Your use of such Third Party Services is made at your own risk and shall be subject to the terms of use of such Third Party Services. You acknowledge that OwnPlay has no liability to your use of Third Party Services. Any problems or complaints that you may have with regard to such Third Party Services should be directed to such third parties.

Payment processing services for the Services are provided by third party payment processors, such as Crossmint or other payment processors which shall provide payment processing services to OwnPlay ("Payment Service Provider" or "PSP"), and are subject to the applicable payment processor terms and conditions ("Payment Processor Agreement"). By purchasing Products on the Cityverse Tycoon store, you agree to be bound by the Payment Processor Agreement applicable to the particular Payment Processor used, as such agreement may be modified by the applicable Payment Processor from time to time. Furthermore, you shall execute any reasonable documents, forms, approvals, or other materials required for this purpose. As a condition of receiving payment processing services through the applicable Payment Processor, you agree to provide such Payment Processor with accurate and complete information about you, as may be requested by Payment Processor for their “Know Your Client (KYC)” forms.

11. ASSUMPTION OF RISK

You accept and acknowledge each of the following:

· You are solely responsible for determining what, if any, taxes apply to your Game-related transactions. OwnPlay is not responsible for determining the taxes that apply to your transactions on the Game or any blockchain.

· The Game does not store, send, or receive Buildings and other digital collectibles. This is because Buildings and items exist only by virtue of the ownership record maintained on the Game’s supporting blockchain in the Ethereum network. Any transfer of Buildings occurs within the supporting blockchain in the Ethereum network, and not on the Game.

· There are risks associated with using an Internet-based currency, including, but not limited to, the risk of hardware, software and Internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to information stored within your wallet. You accept and acknowledge that OwnPlay will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the Ethereum network, however caused.

· The regulatory regime governing blockchain technologies, cryptocurrencies, and tokens is uncertain, and new regulations or policies may materially adversely affect the development of the Game's ecosystem, and therefore the potential utility or value of Buildings and other items.

· Upgrades by Ethereum to the Ethereum platform, a hard fork in the Ethereum platform, or a change in how transactions are confirmed on the Ethereum platform may have unintended, adverse effects on all applications using the Ethereum platform, including the Game's ecosystem.

· Virtual Items possess no real-world value and cannot be exchanged for cash or any tangible assets. You acknowledge that ownership rights do not extend to Virtual Items in our Services, including related attributes. Once acquired, Virtual Items are non-refundable, non-transferable and cannot be exchanged, except at OwnPlay's sole discretion and in accordance with the Platform rules. OwnPlay is not obligated to offer refunds for any circumstances, and no compensation will be provided for unused Virtual Items. Activities such as selling, trading, or transferring Virtual Items beyond the scope of the Services require written authorization from OwnPlay. Engaging in such actions violate these Terms and may result in account termination. OwnPlay retains the authority to manage, modify, or remove Virtual Items without incurring liability. Changes in pricing and availability may occur without prior notice. Virtual Items are accessible only to residents of eligible countries and must be obtained through approved methods. Transactions occurring outside our Services are not recognized, and OwnPlay bears no responsibility for claims arising from such transactions.

12. ACCESS TO USE OUR PLATFORM AND SERVICES

Subject to these Terms, OwnPlay grants you access to use the Platform and Services on a Device owned or controlled by you, and to use and display the Materials (as defined in section ‎13 below).

13. OWNPLAY’S INTELLECTUAL PROPERTY RIGHTS

OwnPlay provides digital content and products through the Game and/or the Services. The Services, certain information, documents, products, content, images, text, graphics, illustrations, trademarks, brands, service marks, trade dress, copyrights, photographs, audio, videos and music, logos, designs, virtual items, and any part thereof, including derivative works of OwnPlay and other companies serviced by OwnPlay ("Materials") are the property of OwnPlay or their respective owners. Certain parts of the Services are limited and not available for use by all users, and may only be used by users who meet certain requirements and/or who purchase access.

You agree, as a user of OwnPlay’s Services, not to use, copy, reproduce, publish or borrow any other content or trademarked work without explicit permission from OwnPlay. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such intellectual property rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Services.

You may choose to, or we may invite you to submit your comments or feedback about the Services, including without limitation about how to improve our Services ("Feedback"). By submitting any Feedback, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place OwnPlay under any fiduciary or other obligation, that we are free to disclose the Feedback on a non-confidential basis to anyone or otherwise use the Feedback without any additional compensation to you. Except as expressly set forth herein, no right or license is granted hereunder, express or implied, to any intellectual property rights and your use of the Services does not convey or imply the rights to use the Services in combination with any other information or products.

14. DIGITAL COLLECTIBLES LICENSE

Each NFT generated by your interaction with the Game is linked to specific digital works of authorship or Related Content. This Related Content is distinct from the associated NFT and is not sold or transferred to you; instead, it is licensed to you according to the terms outlined in these Terms. The license specified herein is provided to the Holder. Consequently, this license is extended to you exclusively for the duration of your status as the Holder of that NFT.

In accordance with your adherence to these Terms, OwnPlay hereby grants you a limited, non-exclusive, non-transferable, non-sublicensable, worldwide license. This license allows you to access, display, and perform the Related Content solely for your non-commercial, personal use.

This section comprehensively outlines all your license rights pertaining to any Related Content. There are no additional license rights, whether explicitly stated or implied, concerning any Related Content or any derivative works thereof. No license rights are conferred under any patent, trademark, trade secret, or other intellectual property or proprietary right, except for any copyright owned or controlled by OwnPlay and/or its licensors, collectively referred to as "Rights Owners." This holds true even if the exercise of any granted license rights would be hindered without such a license.

Restrictions. The license granted herein do not provide the right, and you shall not authorize, permit, or assist any third party to:

· Copy any Related Content, except for temporary copies stored in short-term memory on your device for the purpose of displaying or performing the Related Content.

· Store any Related Content on any device or computer owned or controlled by you.

· Modify or create any derivative works of any Related Content.

· Grant any sublicense of any license rights herein.

· Delete, remove, or obscure any trademark notice, copyright notice, or other intellectual property notice in any Related Content.

· Exercise any license rights herein to create, endorse, support, promote, or condone any content, material, or speech that is defamatory, obscene, pornographic, indecent, abusive, offensive, harassing, violent, hateful, racist, discriminatory, inflammatory, or otherwise objectionable or inappropriate, as determined by OwnPlay at its discretion.

· Reverse engineer, decompile, or attempt to discover the source code for any NFT or Related Content, except to the extent that applicable law permits you to do so notwithstanding this prohibition.

· Use any Related Content in any manner not expressly authorized herein or exercise any license rights herein in any manner that violates applicable law.

Proprietary Rights. The Rights Owners retain all right, title, and interest in the Related Content, including all copyright or other intellectual property rights. Aside from the license rights explicitly granted above in this section, you do not and will not have any right, title, or interest in or to any Related Content. The Related Content may encompass trade names, brands, logos, trademarks, names, likenesses, images, or other personal characteristics of persons or characters ("Embedded IP"). Your usage of such Embedded IP is restricted to its use in connection with the exercise of your license rights under these Terms, subject to all limitations set forth herein and any other restrictions that OwnPlay may communicate to you in the future. You are expressly prohibited from using any Embedded IP in connection with any business, product, or service in a manner that may imply endorsement or cause confusion, dilution, blurring, or tarnishing of such Embedded IP. Any use of Embedded IP, along with any goodwill generated by such use, will accrue to the benefit of OwnPlay and its Affiliates.

15. LIMITATION OF LIABILITY

By using the Services, you understand and agree that OwnPlay's liability in connection with your use of the Services is as set forth below.

In under no circumstances shall OwnPlay and its Affiliates, or the directors, officers, employees, or other representatives of each of them (collectively, the "OwnPlay Entities and Individuals"), be liable to you for any loss or damages of any kind (including, without limitation, for any special, direct, indirect, incidental, exemplary, economic, punitive, or consequential damages) that are directly or indirectly related to: (i) the Services, or your uploaded information; (ii) the use of, inability to use, or performance of the Game and/or Services, including but not limited to the Bulletin Board, or any transactions involving NFTs; (iii) any action taken in connection with an investigation by OwnPlay or law enforcement authorities regarding your use of the Game and/or Services, including but not limited to the Bulletin Board, or any transactions involving NFTs; (iv) any action taken in connection with copyright owners; or (v) any errors, omissions or defects in the Game's and/or Services', including but not limited to the Bulletin Board's, or any transactions' involving NFTs technical operation, even if foreseeable or even if the OwnPlay Entities and Individuals have been advised of the possibility of such damages, whether in an action of contract, negligence, or strict liability tort. In no event will the OwnPlay Entities and Individuals be liable to you or anyone else for loss or injury, including, without limitation, death or personal injury, arising from your use of the Game and/or Services, including but not limited to the Bulletin Board, or any transactions involving NFTs.

Notwithstanding the above, in no event shall the OwnPlay Entities and Individuals' total liability to you for all damages, losses, or causes of action exceed one hundred U.S Dollars ($100). The OwnPlay Entities and Individuals are not responsible for any damage to your and any third parties' computer, hardware, computer software, or other equipment or technology including, without limitation, damage from any security breach or from any virus, bug, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction.

Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. In such cases, our liability will be limited to the fullest extent permitted by applicable law.

If you are dissatisfied with the Services, your sole and exclusive remedy is to discontinue accessing and using the Services. You recognize and confirm that in the event you incur any damages, losses or injuries that arise out of OwnPlay's acts or omissions, the damages, if any, caused to you are not irreparable or sufficient to entitle you to an injunction preventing any exploitation of any Services or other properties owned or controlled by OwnPlay and/or its parent companies, subsidiaries, and/or Affiliates, and you will have no rights to enjoin or restrain the development, production, distribution, advertising, exhibition or exploitation of the Services, your uploaded information on the Services, or any and all activities or actions related thereto.

By accessing the Services, you understand that you may be waiving rights with respect to claims that are at this time unknown or unsuspected. Accordingly, you agree to waive the benefit of any law that otherwise might limit your waiver of such claims.

16. DISCLAIMER OF WARRANTIES

The Services are provided to you on an "as is" and "as available" basis, without any warranty of any kind, either expressed or implied. All online Services suffer from occasional disruptions, and as OwnPlay strives to keep Services available to you at all times, you hereby agree and warrant that OwnPlay is no exception to those disruptions.

OwnPlay does not warrant or guarantee protection from viruses or any other computer system malware. OwnPlay does not claim or guarantee that the Services shall be uninterrupted, or that Services shall be error free. OwnPlay does not guarantee that any competitions you participate in will be fair or that other users will not cheat in such games. We do not and cannot guarantee that use of our Services will generate you any profits. We do not and cannot take responsibility for any losses to your account. Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimer may not apply to the extent such jurisdiction's law is applicable to this agreement.

OwnPlay does not provide any warranty to you regarding the Services, or any content made available through the Services and expressly disclaims: availability, accuracy of the information displayed about game statistics, technical errors in the games, usability, quality, appropriateness, reliability, timeliness, serviceability, warranty of title, non-infringement, merchantability, legality, or fitness for particular purpose.

17. TERM AND TERMINATION

These Terms apply to you and to us from the date that you accept them as provided above. You may terminate your OwnPlay account at any time and for any reason by sending us a support request at: [e-mail]. Upon termination of your account, you must immediately discontinue to use our Services and your account. Immediately upon termination of your account, all licenses and rights granted to you under these Terms automatically terminate. OwnPlay may permanently or temporarily terminate, suspend, or otherwise refuse to permit your access to the Services without notice and liability upon any violation of these Terms.

18. INDEMNIFICATION

​You agree to defend, indemnify, and hold OwnPlay Entities and Individuals harmless from any and all claims, liabilities, costs, and expenses, including reasonable attorneys' fees, arising in any way from your use of and access to the Services, including, without limitation:

(i) any data or work transmitted or received by you;

(ii) your violation of any term of these Terms, including without limitation, your breach of any of the representations and warranties under these Terms;

(iii) your violation of any law, rule or regulation of any country as applicable to you and OwnPlay;

(iv) your violation of any third-party right, including without limitation any right of privacy, publicity rights or intellectual property rights;

(v) any claims or damages that arise as a result of any of your user submissions or any other content that is submitted via your account; or

(vi) any other party’s access and use of the Service with your account.

19. MODIFICATION OF THESE TERMS

OwnPlay has the right, at any time and in our sole discretion, to amend or replace any part of these Terms and any document referred to herein, or any part thereof, without prior notice. You hereby agree that OwnPlay may notify you of any updated or new Terms by posting notice on its websites or apps, by providing you notice at the contact details associated with your account, or in any other way OwnPlay deems reasonable. All such changes are effective immediately when we post them, or such later date as may be specified in the notice of updated Terms. If you continue to use the Services after such notice is published, you hereby consent and accept the changes to the Terms. The most updated version of these Terms will govern your use and access of the Services, including without limitation any content made available on or through the Services. If you object to any such changes, your sole recourse is to cease using our Services and accessing your account.

We reserve the right, at any time, temporarily or permanently, with or without notice, in whole or in part, to:

(i) stop offering and/or supporting the Services or any particular part of the Services;

(ii) terminate or suspend your license to use the Services or any part of it;

(iii) modify, remove or discontinue the Services or any part thereof;

(iv) limit the Services' availability to any person, geographic area, or jurisdiction we choose;

(v) charge fees in connection with the use of the Services;

(vi) modify and/or waive any fees charged in connection with the Services; and/or

(vii) offer opportunities to some and all users of the Services.

You agree that we will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services, in whole or in part.

20. GOVERNING LAW

These Terms shall be governed by and construed in accordance with the laws of the State of Israel, without regard to conflict of law principles thereof. You hereby consent to the exclusive personal jurisdiction and venue of the courts of Tel Aviv, Israel.

21. AGREEMENT TO ARBITRATE/CLASS ACTION WAIVER

You agree that any claim or dispute at law or equity that has arisen or may arise between you and OwnPlay relating in any way to or arising out of these Terms or your use of, or access to the Services, will be resolved in accordance with the provisions set forth in this section. Please read this section carefully. It affects your rights and will have a substantial impact on how claims you may have against us are resolved.

We will attempt to resolve any dispute through informal negotiation within sixty (60) days from the date the notice of dispute is sent. If the dispute is not resolved within such time period, you agree that all disputes or claims that have arisen or may arise between you and OwnPlay relating in any way to or arising out of these Terms or your use of or access to the Services shall be resolved exclusively through final and binding arbitration. The Israeli Arbitration Law, 5728-1968 governs the interpretation and enforcement of this agreement to arbitrate.

The arbitration shall be held in Tel Aviv, Israel or at another mutually agreed location. The arbitration will be conducted in English by a single arbitrator. If the value of the relief sought is $10,000 or less, you or OwnPlay may elect to have the arbitration conducted by telephone, video conference, or based solely on written submissions, which election shall be binding on you and OwnPlay, subject to the arbitrator’s discretion to require an in-person hearing. The arbitrator’s award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising out of or relating to the interpretation, applicability, enforceability or formation of this agreement to arbitrate, any part of it, or of these Terms including, but not limited to, any claim that all or any part of this agreement to arbitrate or these Terms is void or voidable.

The arbitration will be conducted by the Israeli Institute of Commercial Arbitration under its rules and procedures, as modified by this agreement.

You agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class, representative, or private attorney general action or proceeding. Unless both you and OwnPlay agree otherwise in a separate writing, the arbitrator may not consolidate or join more than one person’s or party’s claims, and may not otherwise preside over any form of a consolidated, representative, class, or private attorney general action or proceeding. The arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s). Any relief awarded cannot affect OwnPlay users. If a court decides that applicable law precludes enforcement of any of this paragraph’s prohibitions on class, representative, or private attorney general actions or proceedings as to any claim, then that claim (and only that claim) must be severed from the arbitration and resolved in court, subject to your and OwnPlay’s right to appeal the court’s decision. All other claims will be arbitrated.

To the extent permitted by applicable law, any claim or dispute under these Terms and use of the Services must be filed within one (1) year from the date of the cause of action. If a claim or dispute isn’t filed within one year, you acknowledge that you shall have waived and will be deemed permanently barred from bringing such dispute.

With the exception of any of the provisions in the class action waiver, if an arbitrator or court decides that any part of this agreement to arbitrate is invalid or unenforceable, the other parts of this agreement to arbitrate shall still apply.

22. ​ NOTIFICATIONS

OwnPlay may provide notifications, whether such notifications are required by law or other business related purposes to you via email notice, written or hard copy notice, or through conspicuous posting of such notice on the Services, as determined by OwnPlay in our sole discretion. OwnPlay reserves the right to determine the form and means of providing notifications to you.

Legal notices to us shall be served at the address provided in the contact section. Notice by us to you via email shall be deemed given twenty-four (24) hours after the email is sent, legal notice by mail to the physical address associated with your account shall be deemed given three (3) days after the date of mailing, regardless of whether any such notice is returned to us. It is your responsibility to keep your contact information updated.

23. NO WAIVER AND FORCE MAJEURE

OwnPlay's failure to exercise or enforce any right or provision in these Terms shall not be considered a waiver of such right or provision, unless agreed upon in writing. OwnPlay will not be responsible for any failures to fulfill any obligations due to causes beyond its reasonable control.

24. ASSIGNMENT OF RIGHTS

​You may not transfer, assign, sub-license, or pledge in any manner whatsoever your account or any of your rights or obligations under these Terms. OwnPlay may transfer, assign, sub-license, or pledge in any manner whatsoever any of its rights and obligations under these Terms to any Affiliate, or successor thereof or to any third party whatsoever, without notifying you or receiving your consent.

25. SURVIVAL

You agree that the provisions of these Terms shall survive termination of the Services, for any reason whatever: Compliance with laws, Prohibited uses, Limitation of liability, Indemnification, OwnPlay's intellectual property rights, Term and termination, Agreement to arbitrate/class action waiver, and Governing law.

26. SEVERABILITY OF CLAUSES

​These Terms, the policies and any other agreements that are incorporated herein by reference, as amended, constitute the entire Terms between you and OwnPlay. If any part of these Terms is held by a court of law to be invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect the original intentions of the parties, and the remaining portions shall remain in full force and effect.

27. LANGUAGE

You acknowledge that these Terms, and all related documents, rules and policies, have been prepared in English. If these Terms are translated into another language, the English language text shall in any event prevail.

28. CONTACT US

If you have any questions about these Terms or OwnPlay’s Services in general, please contact us at: [e-mail]. Subject to the content of your inquiry, OwnPlay may request that you provide additional information in order to allow the appropriate handling of your inquiry.