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Terms and conditions

Last Update: 17 April, 2024

These terms and conditions ("Terms") constitute a binding legal agreement between Lava Apps Ltd, ("Banksters", "Company", "us" or "we") and you, and govern your access and use of all features and other services provided by the Company, including without limitation our Website and the Game (collectively the "Services").

By registering an Account, or otherwise using or accessing the Services, you affirmatively signify that you have read, understood, and agreed to be bound by these Terms as well as our Privacy Policy and Cookie Policy, Promotion Rules, each incorporated herein by reference, which we may update from time to time. We encourage you to carefully review these Terms before accessing our Services. If you do not agree to these Terms, you must not register an Account or otherwise use or access the Services. If you are accepting these Terms on behalf of a company or any other legal entity, you represent that you have the legal authority to accept these Terms on that entity's behalf, in such case "User(s)", "you" or "your" will mean that entity.

We may revise the Terms at any time without notice by updating the Terms on our Services. You should periodically visit these Terms to review the current terms that apply to your use of the Services. Any use of the Services by you after our publication of any such changes shall constitute your acceptance of these Terms as modified. We may, at our sole discretion and at any time, discontinue providing the Services, or any part thereof without notice.

By registering an Account or otherwise accessing the Services, to the maximum extent permitted under the Applicable Law (as defined further below), you agree that any claim, dispute or controversy of whatever nature arising out of or relating to these Terms, or your use of the Services shall be resolved accordance with the process described in Section 18 "Miscellaneous" below.

1. Definitions

For the purpose of this Agreement, the following capitalized terms shall have the meaning ascribed to them hereunder:

  1. "Account" means an account you created via our Website that allow you to access the Services.
  2. "Account Information" means any type of information that we may require from Users at the registration process, including but not limited to email address, username, and password.
  3. "Affiliate" means Company's subsidiaries, joint ventures and other corporate entities and their agents, consultant, employees, officers and directors.
  4. "Applicable Law" means any law, statute, rule, regulation, order, circular, decree, directive, judgment, decision or other similar mandate of any applicable central, national, state or local governmental authority having competent jurisdiction over, or application, related to the Users, the Company, the Services or subject matter in question, including without limitation, as applicable, in relation to anti-money laundering (AML), countering the financing of terrorism (CTF), know-your-customer (KYC) and know-your-transaction (KYT), export control and trade sanctions, Digital Assets, Digital Asset services providers, crypt asset services providers, virtual asset service providers, gaming, financial services, investment advisers, financial instruments or products, banking, securities, payments, privacy, operational resilience, data security or data protection.
  5. "Associated Art" means representation of the character (i.e. the full combination of all the characteristics that make up that character) in the Game associated with User's specific Banksters NFT.
  6. "Banksters", "Company", "us" or "we" as defined in these Terms.
  7. "Banksters NFT" means an NFT representing and associated with a specific character in the Game, which is issued by a third party Token Issuer.
  8. "BARS Points" means off-chain non-transferable in-game points, which may be received by the User by winning competitions and tournaments in the Game, which have in-game use cases reminiscent of BARS Token's in-game use cases, and which may be redeemed by the User for BARS Tokens through a third party Token Issuer, subject to all Applicable Law and any third party terms or notice.
  9. “BARS Token” means a utility token ($BARS) which may be used in the Game, and which is issued by a third party Token Issuer.
  10. "Covered Entities" means the Company and its successors, any person or entity which is or which will be involved in the operation or development of the Game or project, the Token Issuer, an entity providing any service or product integrated within or accessible through the Game, and their respective parents, subsidiaries, Affiliates, distributors, suppliers, and advertising, promotional and judging organizations and each of their respective employees, officers, directors, shareholders, agents;
  11. "Digital Asset" means any fungible or non-fungible cryptographic token or any other crypto asset, virtual financial asset, virtual asset, NFT (including without limitation Banksters NFT and Minting Scroll NFT) which may be transferred or stored electronically using distributed ledger technology or similar technology.
  12. "Game" means gaming platform allowing Users to compete with each other in simulated crypto trading inspired skill-based tournaments, which is available on www.banksters.com website and corresponding mobile applications.
  13. “User(s)”, "you" or "your" means a natural person or legal entity that accesses or registers to our Services.
  14. "Intellectual Property Rights" means all intellectual property rights and include but are not limited to all intangible legal rights, titles and interests evidenced by or embodied in or connected or related to the following: (i) visual representation of the Banksters NFT on the Game's website or mobile applications, and any part thereof; (ii) utilities of the Banksters NFT in the Game or elsewhere; (iii) all inventions (whether patentable or un-patentable and whether or not reduced to practice), all improvements thereto, patents and patent applications, and any divisional, continuation, continuation in part, extension, reissue, renewal or re-examination of patent issuing therefrom (including any foreign counterparts); (iv) any work of authorship, regardless of copyrightability, copyrightable works (including moral rights); (v) mask works and integrated circuit layouts and applications and registrations thereof; (vi) computer code and software, including any and all software implementations of algorithms, models, methodologies, artwork and designs, whether in source code or object code; (vii) databases and compilations, including any and all data and collections of data, whether machine readable or otherwise; (viii) designs and any applications and registrations thereof; (ix) all trade secrets, confidential information and business information; (x) trademarks, service marks, trade names, certification marks, collective marks, logos, brand names, business names, domain names, company and corporate names, trade names, trade styles and trade dress, get-up, and other designations of source or origin and all and applications and registrations thereof; (xi) all documentation and guides, including user manuals and training materials relating to any of the foregoing and descriptions, flow-charts and other work product used to design, plan, organize and develop any of the foregoing; and (xii) all other proprietary rights, industrial rights and any other similar rights, and all rights or forms of protection analogous to any of the above anywhere in the world.
  15. "Minting" means any issuance or creation of a Banksters NFT and initial transfer of such Banksters NFT to the User's Personal Wallet by the third party Token Issuer.
  16. "Minting Scroll NFT" means an NFT that is used to mint new Banksters NFT or to obtain a character in the Game, subject to the Game rules, controls or guidelines and any other applicable documentation which can be found on the Website or within the Game itself and subject to any applicable terms of the Token Issuer.
  17. "NFT" means a non-fungible token which may be transferred or stored electronically using distributed ledger technology or similar technology.
  18. "Own" with respect to the Banksters NFT, BARS Token, Minting Scroll NFT or other Digital Assets means that the proof of the person's ownership and holding such applicable Digital Asset in such person's Digital Asset wallet is recorded on the applicable blockchain.
  19. "Owner" with respect to the Banksters NFT, BARS Token, Minting Scroll NFT or other Digital Assets, means a person who Owns the Banksters NFT.
  20. "Personal Wallet" as defined in Section 3.
  21. "Restricted Territories" means
    • Afghanistan, Algeria, Australia – Northern Territory, Queensland and Victoria; Bangladesh, Belarus, Bolivia, Bulgaria, Burundi, Canada, China, Cuba, Egypt, Estonia, France, Ghana, Greece, India – States of Andhra, Pradesh, Assam, Odisha, Telangana, Nagaland, Sikkim, Meghalayaa and Karnataka; Iran, Iraq, Israel, Italy, Japan, Kuwait, Lebanon, Libya, Mexico, Morocco, Myanmar (Burma), Niger, North Korea, North Macedonia, Palestine (especially, Gaza strip), Qatar, Russia, South Sudan, Sudan, Syria, Tunisia, Ukraine - Crimea, Donetsk, Kherson, Zaporizhzhia and Luhasnk regions; United Kingdom, USA, Singapore, Bosnia & Herzegovina, Nepal, Saudi Arabia, Somalia, South Korea, UAE, Venezuela and Yemen;
    • any jurisdiction which prohibits the Services, Digital Assets, BARS Tokens, Banksters NFTs or any NFTs, or the use of the Services or receipt of the Services, Digital Assets, Banksters NFTs, BARS Tokens or any NFTs, any such similar or related activity; or
    • any other jurisdiction that is the subject of country wide or territory wide sanctions, embargoes, or other restrictive measures administered or enforced by any country, state or government or intergovernmental organization, including without limitation by the United Nations Security Council, US Department of Treasury's Office of Foreign Assets Control, U.S. Department of Commerce’s Bureau of Industry and Security, United Kingdom HM Treasury's Office of Financial Sanctions Implementation, Saint Vincent and the Grenadines, United Arab Emirates, Malta or the European Union.

    The Restricted Territories shall also include Afghanistan, Algeria, Bolivia, Central African Republic, China, Columbia, Cuba, Crimea, Democratic People's Republic of Korea (North Korea), Democratic Republic of the Congo, Ecuador, Egypt, Guinea, Guinea-Bissau, Israel, Iran, Lebanon, Libya, Morocco, Myanmar (Burma), Nepal, North Macedonia, Russia, Somalia, South Sudan, Sudan, Syria, Turkey, United States of America, Venezuela, Vietnam, Yemen, Zimbabwe.

  22. "Restricted Persons" means any individual or entity that is not permitted to use or access the Services, and shall include any person, firm, company, partnership, trust, corporation, entity, government, state or agency of a state, or any other incorporated or unincorporated body or association, association or partnership (whether or not having a separate legal entity) that is (a) established or lawfully existing under the laws of or is a citizen, national, resident (tax or otherwise) of any of the Restricted Territories, or (b) is listed on any of the sanctions, embargoes, designated or blocked or debarred persons lists issued by any state, authority or international body, including without limitation the United Nations Security Council, US Department of Treasury's Office of Foreign Assets Control, U.S. Department of Commerce’s Bureau of Industry and Security, United Kingdom HM Treasury's Office of Financial Sanctions Implementation, Saint Vincent and the Grenadines or the European Union.
  23. "Services" as defined in these Terms.
  24. "Terms" means the terms and conditions on the Website as may be updated from time to time.
  25. "Third Party Services" as defined in Section 12.
  26. "Token Issuer" means Delistor Development LLC, a company incorporated under the laws of Saint Vincent and the Grenadines.
  27. "Virtual Items" means virtual in-game currency, including but not limited to virtual coins, points, credits, bonuses, BARS Points, all for use in the Services which is not transferred or stored electronically using distributed ledger technology or similar technology.
  28. "Website(s)" means the website www.banksters.com and any other sites as defined by the Company, at its sole discretion, from time to time, including any sub-domains thereof and including any mobile applications of the Game.

2. Use of our Services

You acknowledge that winners of the Game are determined solely by the objective criteria described in the rules, scoring, controls, guidelines and any other applicable documentation associated with the Services. From all entries received for each tournament, the User who uses the relevant skill and knowledge to accumulate the winning score or points according to the corresponding rules will be the winner. The Services may not be used for any form of gambling, trading or any other regulated, restricted or prohibited activity.

You acknowledge and accept that you will bear the transaction costs, including blockchain 'gas fees', in all instances where such costs apply, including without limitation in relation to Minting, use of BARS Tokens (including transfer thereof to the Company or to any third party), Banksters NFTs or any other Digital Assets. You hereby acknowledge and accept that the cost of transacting on blockchain may vary and may increase at any time causing an impact on any activities taking place on the blockchain. You acknowledge and accept that in order to complete a blockchain transaction, you are required to ensure that you maintain a sufficient amount of ETH in your Personal Wallet in order to transfer the applicable Digital Assets or to receive Digital Assets in relation to the Game. You acknowledge and accept this risk and agree that the Covered Entities cannot be held liable for such fluctuations or increased costs. We do not provide refunds for any fees which might be related to the Minting, or distribution, or any transaction that you might make whether in relation to the Game or elsewhere.

You hereby acknowledge and accept that the Company may, but is not obliged to, update its related software or systems from time to time.

3. Wallet Requirement

In order to use some features of the Services, including to be able to use Banksters NFT, Minting Scroll NFTs or receive BARS Tokens, subject to these Terms, any applicable scoring, and any other applicable documentation associated with the Services, and the Token Issuer's terms or notices, you must have a fully operational and valid personal Digital Asset wallet, which is compatible with and allows you to store the applicable Banksters NFTs, BARS Tokens, Minting Scroll NFTs and other applicable Digital Assets, including among others those needed for the applicable blockchain transaction fees, including any 'gas fees' ("Personal Wallet"), and such Personal Wallet must be connected to the Game, to your Account or to the applicable services of the Token Issuer as required by the Company. You may be required to connect to a browser extension, which will be specified by us or by the Token Issuer in the Company's or Token Issuer's sole discretion, such as, for instance, MetaMask or other Digital Asset wallet which allows you to store the applicable Digital Assets.

You acknowledge and understand that: (i) if you have not connected your Personal Wallet to the Game, to your Account or to the applicable services of the Token Issuer as required by the Company, you may receive a Personal Wallet and your unique address thereof provided and administered by a third party wallet provider partner of our choice, the creation of which may be subject to the provision of your personal data to such third party wallet services provider; (ii) we do not have custody, access or control over your Digital Assets or any Personal Wallet including any Digital Assets stored therein, and we do not execute or effectuate any purchases or sales of Digital Assets.

You are aware that we do not guarantee the provision of or ability to use such Personal Wallet provided by a third party at any time. In order to use some features of the Services, you may be required by us, in our sole discretion, to use other Digital Asset wallet which is compatible with Minting Scroll NFTs, Banksters NFTs, BARS Tokens and other applicable Digital Assets and blockchains, and which is not provided by us or by any of our partners. You acknowledge and understand that in such case, in order to use the Services, the address of such Digital Wallet must be provided to us by you as described by us in the Game or on the Website prior to any request for Minting or for receiving BARS Tokens.

The use of a Personal Wallet provided by a third party shall be at your sole discretion, and the terms and conditions and privacy policy applicable to your use of such Personal Wallet shall be the terms and conditions and privacy policy, as well as any other applicable policy or document, of the relevant third party provider of such Personal Wallet. The Company shall not be responsible or liable to you in any way in connection with your receipt, access to or use of any Personal Wallet.

In any case, you are solely responsible for your Personal Wallet, and any aspect or use thereof, including but not limited to the security, safety and confidentiality of private cryptographic keys or passphrases, passwords, or any other means of access to Personal Wallet, and you are aware of the importance of not sharing your private cryptographic keys or passphrases, passwords, or any other means of access to Personal Wallet and Digital Assets therein. You accept that we shall not be responsible or liable to you in any way in connection with your use of your Personal Wallet, and if you discover any issue related to your Personal Wallet, you shall contact your Personal Wallet provider.

If you have any issues regarding the Personal Wallet provided by a third party wallet provider partner of our choice, the contact details of such provider will be made available on the Website.

You understand and acknowledge that we do not have custody, access or control over Personal Wallet you choose to connect to the Game, the Game Account or the Token Issuer, or any Digital Asset or private cryptographic key related to Digital Asset contained therein.

You are solely responsible for establishing and ensuring that your Personal Wallet is fully operational, secure, valid and compatible with Banksters NFTs, BARS Tokens and other applicable Digital Assets and blockchains. The Company and the other Covered Entities are not responsible for evaluating the correctness or compatibility of the Personal Wallet to Banksters NFTs, BARS Tokens, Minting Scroll NFTs or other Digital Assets. The Covered Entities accept no responsibility or liability whatsoever in the event you provide the Company with an address of an incorrect or incompatible Digital Asset wallet, or in the event you connect an incorrect or incompatible Digital Asset wallet to the Game, Game Account or the Token Issuer.

The use of your Personal Wallet within the Services may require installation or use of a third party application (e.g. extension, such as Metamask extension), which is provided by a third party and for which we and Covered Entities assume no responsibility or liability whatsoever with regard to any legal matter with respect to such installation or use.

4. BARS Tokens, BARS Points, Banksters NFTs and Minting Scroll NFT

You hereby acknowledge and accept that:

  1. BARS Tokens and Banksters NFTs are minted, issued, distributed and sold (as applicable) by a third party Token Issuer, subject to the additional applicable Token Issuer's terms and applicable notices; and neither BARS Tokens, nor Banksters NFTs, Minting Scroll NFTs nor any other Digital Assets are issued, minted, distributed or sold by the Company at any stage.
  2. The Minting of Banksters NFTs, including the type and characteristics of the character and any associated rights or utilities attached to any particular Banksters NFT, or creation of any Game character or its eligibility or associated rights or utilities, may be subject to the specific Game rules, scoring rules, controls or guidelines and any other applicable documentation which can be found on the Website or within the Game itself.
  3. The allocation of BARS Points or BARS Tokens may, in addition to all applicable terms and notices be subject to the specific Game rules, scoring rules, controls or guidelines and any other applicable documentation which can be found on the Website or within the Game itself. You also hereby acknowledge and accept that the receipt of BARS Tokens in case of the redemption of BARS Points occurs directly from the third party Token Issuer to the User, and the Company at no stage has any access to such BARS Tokens.
  4. BARS Tokens and Banksters NFTs and any other applicable Digital Assets may be used within the Game, subject to these Terms, any additional applicable terms, and to the specific Game rules, scoring rules, controls or guidelines and any other applicable documentation which can be found within the Game itself.
  5. In order to win certain prizes, including BARS Points or BARS Tokens as applicable, you are required to Own and hold a Banksters NFT, or own and possess the eligible Banksters character in your Account subject to these and additional terms as well as the Game rules, scoring rules, controls and guidelines and any other applicable documentation which can be found on the Website or within the Game itself.
  6. You hereby acknowledge and accept that BARS Points prize balance and any numerical representation thereof in the Game does not constitute, under any circumstances, an ownership of BARS Tokens. You acknowledge that you will not Own BARS Tokens until you request to redeem BARS Points to BARS Tokens and the transaction of the transfer of the applicable amount of BARS Tokens from the Token Issuer to your Personal Wallet has been verified and recorded on a blockchain. We have no custody, access to or control of such BARS Tokens, and the BARS Tokens are transferred to you by a third party Token Issuer.

We make no representations and take no responsibility or liability whatsoever with regard to the aforementioned third parties, including without limitation the Token Issuer, and any activities related the Digital Assets (such as, without limitation BARS Tokens and Banksters NFTs), including without limitation issuance, Minting, distribution or sale thereof.

In order to use BARS Tokens in the Game, you will be required to transfer the applicable amount of BARS Tokens to the blockchain address specified in the Game. We accept no responsibility or liability whatsoever in the event you transfer any Digital Assets, including BARS Tokens, to an incorrect blockchain address.

If you use Minting Scroll NFT for the Minting or for obtaining an applicable Game character, you hereby additionally acknowledge, warrant, represent and accept that:

  1. you are the sole Owner of the Minting Scroll NFT;
  2. you may request the Minting or obtaining an applicable Game character, by transferring the Minting Scroll NFT to a smart contract address provided by the Token Issuer to you, and, if applicable, bearing the applicable blockchain transaction fees, including 'gas fees' in relation to the Minting;
  3. as of the moment of the transfer of the Minting Scroll NFT to a smart contract address provided by the Token Issuer to you, you no longer have any ownership over the Minting Scroll NFT or any other rights attached thereto, and the Token Issuer or any other person on its behalf may burn or otherwise dispose of the Minting Scroll NFT at their sole discretion.

5. Disclaimer and Risk Disclosure

When using our Services, you understand and accept that the Services or any part thereof are not, nor should they be considered as –

  • The provision of investment advice;
  • Portfolio management;
  • Financial advice;
  • Virtual asset (including any virtual financial asset), crypto asset or Digital Asset exchange, custody or trading platform;
  • Provider of a service of accepting and transmitting orders;
  • Option or any derivative or financial instrument;
  • Investment services or activities;
  • Any other financial service, virtual asset service or crypto-asset service;
  • Ancillary services under any applicable law;
  • Tax or legal advice;
  • Any other regulated activity; or
  • Endorsement of any third party providing one of the aforementioned activities, or equivalent of any of the above under any Applicable Law.

WE DO NOT PROVIDE OUR USERS WITH ANY SERVICES RELATED TO ANY TRADING, INVESTMENT OR MINING ACTIVITY WITH REGARD TO ANY DIGITAL ASSET, INCLUDING ANY NFT, OR ANY FINANCIAL INSTRUMENT, AND THE SERVICES ARE PROVIDED SOLELY FOR ENTERTAINMENT AND GENERAL INFORMATIONAL PURPOSES. ANY 'INVESTMENT RUNS', MINING AND OTHER ACTIVITIES WITHIN THE GAME ARE PURELY FICTIONAL. WE AND THE COVERED ENTITIES BEAR NO RESPONSIBILITY OR LIABILITY WHATSOEVER FOR ANY LOSS OR ANY CONSEQUENCES OF ANY DECISION TAKEN BY YOU OR ANY THIRD PARTY BASED ON ANY CONTENT, INFORMATION OR SKILL MENTIONED WITHIN THE GAME.

You hereby acknowledge and accept that past performance of any Digital Asset or any financial instrument is no guarantee of future results. Before making any investments in or purchases of Digital Assets or financial instruments, you should always check with your licensed financial advisor and tax advisor to determine the suitability of any investment or purchase.

You acknowledge and accept that the Services and the Company are not regulated by any virtual asset, virtual financial asset, crypto asset, Digital Asset, financial services, or investor protection laws or regulations, and you will not benefit from protections and remedies which are available to clients of regulated services against any damages arising from your use of the Services provided by us, or from any activity related to Digital Assets, including BARS Tokens or any NFTs.

You also hereby acknowledge and accept that past performance of any Digital Asset or any financial instrument is no guarantee of future results. Before making any investments or purchases in Digital Assets or financial instruments, you should always check with your licensed financial advisor and tax advisor to determine the suitability of any investment or purchase.

You hereby acknowledge and accept that the Services, Minting, including the type, characteristics, traits and use cases of the character attached to any particular Banksters NFT, allocation of BARS Points or BARS Tokens, and other elements related to the Game or any Digital Assets may be subject to the specific Game rules, scoring rules, controls or guidelines and any other applicable documentation which can be found within the Game itself.

You acknowledge and accept that we do not mint, issue, or sell any Digital Assets, including without limitation Banksters NFT, BARS Tokens, or any other Digital Assets, including NFTs. The Minting and sale of NFTs, BARS Tokens or any other Digital Assets which may be used in relation to the Game is conducted by a third party and may be subject to their additional terms or notices.

Please note that while using the Services you may encounter links or reference to third party website, services or applications (including other Digital Asset wallet services), please keep in mind that these Terms do not apply to any third party website, service or application (including any extension or digital wallet services), even if they are accessible, downloadable, or otherwise distributed through the Services. Please be advised that such third party websites, services or applications are separate and independent from us. We assume no responsibility or liability whatsoever with regard to any legal matter with respect to such third party websites or services.

We encourage you to carefully read the terms of use and privacy policy of such third party websites or services, as their terms and privacy policy, not ours, will apply to any of your interactions with such third parties. You should always review their practices carefully before accepting the provision of any services by these third parties.

You are knowingly and voluntarily assuming all risks of using any third-party websites, services or applications, including your Personal Wallet. You agree that we shall have no liability whatsoever with respect to such third party websites, services or applications and your use thereof, including your use of your Personal Wallet.

You also acknowledge and accept all the following:

  1. We do not have any fiduciary relationship with you;
  2. We have no obligation to inquire or investigate whether any transaction or transfer initiated using the Services or which is related to the Services is valid, accurate, or legal;
  3. You are solely responsible for your Personal Wallet and any aspect or use thereof, including but not limited to the security, safety and confidentiality of private cryptographic keys or passwords or any account details through which your Personal Wallet may be accessible, or mobile device, computer or other device, as applicable, and transactions initiated with any Digital Assets. You are aware of the importance of not sharing your private cryptographic keys, passwords or passphrases or any account details (including your password) through which your Personal Wallet, or mobile device, computer or other device as applicable which may grant access to or associated with your Digital Assets. The Covered Entities will not be responsible or liable in any manner whatsoever if anyone gains access to your private cryptographic key or passphrase or passwords or any account details (including your password) through which your Personal Wallet may be accessible or through which it may be possible to initiate any transfer or transaction of your Digital Assets. Should any loss, hack, or theft occur to or from your Personal Wallet, you acknowledge and affirm that you waive all rights, claims, or courses of action against the Covered Entities;
  4. You have the necessary technical expertise, ability or professional advice required to review and evaluate the security, integrity and operation of your Personal Wallet to your satisfaction;
  5. There are significant risks associated with Digital Assets, and you are solely responsible for understanding and agreeing to such risks, and assessing whether such risks are appropriate for you;
  6. The use of the Services is at your sole discretion and the Company shall not be responsible or liable to you in any way whatsoever in connection with your receipt, access to, or use of your Services or Digital Assets contained therein; and
  7. If you discover any issue related to the Services, you shall only contact the Company.

Through the utilization of the Services, you affirm that you understand the inherent risks connected with cryptographic systems such as the blockchain. You acknowledge that you possess a comprehensive understanding of the usage and complexities associated with native cryptographic tokens, including Digital Assets, smart contract based tokens and software systems based on the blockchain technology.

By accessing or using the Services, you acknowledge that there are significant risks associated with Digital Assets, and you are solely responsible to make sure you understand such risks and assess whether such risks are appropriate for you. The risk disclosure below lists some, but not all the risks involved in purchasing, holding, trading and using Digital Assets. This risk disclosure is intended to provide you with a general outline of the risks involved but cannot capture all such risks.

By accessing or using the Services, you acknowledge that you are aware of and accept the risks associated with the Services or where applicable, purchasing, holding, receiving, or using BARS Tokens, NFTs (including, without limitation, Banksters NFTs) or other Digital Assets, including, without limitations, the following key risks:

  • Weakness and bugs. Unknown or unintentionally weakness and bugs that may exist in the underlying blockchain systems, smart contracts and related platforms;
  • Use for illegal purposes. Digital Asset related platforms and services, including the Services may be exploited for illegal purposes (for example, money laundering and frauds);
  • Irreversibility of transactions. Transactions involving Digital Assets are, in principle, irreversible, meaning that transactions for incorrect addresses may result in the loss of said funds. Lost or stolen Digital Assets may be irretrievable. Once a transaction or transfer to Digital Asset wallet has been verified and recorded on a blockchain, it is irreversible. The Company or any of the Covered Entities is unable to help you cancel or make any modifications to your transaction or its details once the transaction details are submitted to a blockchain;
  • Not a legal tender. BARS Tokens and Banksters NFTs are not legal tender in any jurisdiction. They are not backed by physical assets and are not backed or guaranteed by any government. BARS Tokens and Banksters NFTs are also not and should not be seen as a means of payment or store of value;
  • Lack of participation. There can be no assurance or guarantee that there will be sufficient interest or participation in the Game (including the Banksters project in its entirety);
  • Uncertain regulatory and legal framework. The legal or regulatory status of cryptographic tokens, Digital Assets and blockchain technology is unclear or unsettled in many jurisdictions. It is difficult to predict how or whether judicial, governmental, regulatory or other authorities will address or regulate such technologies. It is likewise difficult to predict how or whether any such authorities may make changes to existing laws, rules or regulations that will affect cryptographic tokens, digital assets, blockchain technology and its applications. Such changes could negatively impact Digital Assets in various ways, including, for example through a determination that Digital Assets are regulated financial instruments that require certain registrations or controls. The Token Issuer may cease the distribution of Banksters NFTs, BARS Tokens and we or any of the Covered Entities, including any Game operator, may cease operations in a specific jurisdiction in the event that governmental or judicial actions make it unlawful or commercially undesirable to continue to do so;
  • Risk of government and enforcement action. The industry in which the Company, the Token Issuer, the Game and any of its operators are operating is new, and may be subject to heightened oversight and scrutiny, including investigations or enforcement actions. There can be no assurance that judicial, governmental, regulatory or other authorities will not examine the BARS Tokens, Banksters NFTs, operations of the Company, the Token Issuer, the operator of the Game or pursue enforcement actions against any of the above or anyone on their behalf. Such governmental activities may or may not be the result of targeting the Company, the Token Issuer and any operator of the Game in particular. All of this may subject any of the above, including the Company, the Token Issuer and any operator of the Game to judgments, settlements, fines or penalties, or cause the Company, the Token Issuer or any operator of the Game to restructure its operations and activities or to cease offering certain products or services, all of which could harm the Company's, the Token Issuer's, the Game operator’s or other abovementioned entities' reputation or lead to higher operational costs, which may in turn have a material adverse effect on the Game, Banksters NFTs or BARS Tokens;
  • Security. Hackers or other malicious groups or organizations may attempt to interfere with BARS Tokens, Banksters NFTs, the applicable blockchain network, or any Game related elements in a variety of ways, including, but not limited to, malware attacks, denial of service attacks, consensus-based attacks, Sybil attacks, smurfing and spoofing. Furthermore, there is the risk that the applicable blockhain's smart contracts may contain intentional or unintentional bugs or weaknesses which may negatively affect the NFTs or result in the loss of user's NFTs, the loss of user’s ability to access or control user's NFTs. In the event of such a software bug or weakness, there may be no remedy and holders of NFTs are not guaranteed any remedy, refund, or compensation. The Banksters project may migrate to a network other than Ethereum, and in such case in order to access or use, as applicable, NFTs and the Banksters project you may be required to swap your NFTs or other related non-fungible tokens which are compatible with Ethereum to tokens which would be compatible with a network to which the Banksters project will be migrating. In order to execute such swap, you may be required to use a third-party cross-chain bridging services, over which the Company has no control and therefore make no representation regarding their reliability or quality. The use of such third party cross-chain bridging services may be subject to the terms and conditions of the provider of such services. The use of such services may bear various risks, and the Covered Entities are not responsible for any damages that may be caused to you due to the use of such third party cross-chain bridging services or any of the above. We and any Covered Entities also do not provide assurance regarding the security of any blockchain, and we assume no responsibility for hacks, instances of double spending, theft of Digital Assets, or any other forms of attack on a blockchain which can influence and manipulate the records of a blockchain.
  • No inherent or intrinsic value of Banksters NFTs. You acknowledge and accept that the Banksters NFTs have no inherent or intrinsic value. The value of each Banksters NFT is inherently subjective.
  • Ability to Transact. Purchaser may be unable to sell or otherwise transact in Digital Assets, including BARS Tokens, at any time. Purchaser acknowledges, understands and agrees that:
  • Digital Assets, including BARS Tokens may have no value;
  • there is no guarantee or representation of liquidity for any specific Digital Asset, including BARS Tokens; and
  • the Covered Entities are not and shall not be responsible for or liable for the market value of any specific Digital Asset, including BARS Tokens, the transferability or liquidity of any specific Digital Asset, including BARS Tokens, or the availability of any market for any specific Digital Asset, including BARS Tokens, through third parties or otherwise.
  • Price volatility and liquidity. Price and liquidity of Digital Assets are highly volatile and may be subject to significant fluctuations for a wide variety of reasons. Furthermore, fluctuations in the price of other Digital Assets could significantly and adversely affect the Digital Assets, including Banksters NFTs and BARS Tokens. The value of Digital Assets may be derived from the continued willingness of market participants to exchange fiat currency or Digital Assets or market trends, and therefore the value of Digital Assets, including Banksters NFTs and BARS Tokens, is subject to the potential for permanent or total loss of value should the market for any specific Digital Asset disappear.
  • New Technology. You acknowledge and accept that NFTs, including Banksters NFTs, and Digital Assets in general, as well as the Game are new and untested. The Game may not be capable of adoption. Even if the Game is adopted, it might not function as intended, and the Banksters NFTs may not have functionality that is desirable or valuable. Also, technology is changing rapidly, so the Banksteres NFTs may become outdated.
  • Reliance on Third Parties. The Game will rely, in whole or partly, on third parties to adopt and implement it and to continue to develop, supply, and otherwise support it. There is no assurance or guarantee that those third parties will complete their work, carry out their obligations, or otherwise meet anyone’s needs, all of which might have a material adverse effect on the Game, BARS Tokens or Banksters NFTs;
  • Risk of Uninsured Loss. No Digital Assets (including any Banksters NFTs or BARS Tokens), activities, Services or products are insured by the Company or Token Issuer or anyone on their behalf in any circumstances. You are solely responsible for the insurance of your Digital Assets, including Banksters NFTs and BARS Tokens. The Covered Entities shall not be responsible for insuring or providing any type of insurance, including insurance policies for the Services, your Personal Wallet, your Digital Assets, BARS Tokens or Banksters NFTs (including those held in your Personal Wallet) or any other Digital Assets, or any other activity, product, or services;
  • Digital Assets's availability for use in the Game. Banksters NFTs or BARS Tokens may not be available for use in the Game or the Services for a certain period of time after the launch of the Game or the issuance or Minting of Banksters NFTs or BARS Tokens;
  • Taxes. The tax characterization of Digital Assets, including Banksters NFTs and BARS Tokens, is uncertain. You must seek your own tax advice in connection with BARS Tokens, Banksters NFTs, and any Minting or purchase thereof, which may result in adverse tax consequences to you, including withholding taxes, income taxes and tax reporting requirements;
  • Other risks. Any other risk, including those that the Company cannot anticipate, associated with the purchase, selling, transferring, holding, receipt or use of Digital Assets, or the viability of the Game project.

6. Eligibility

These Services are intended solely for Users who are eighteen (18) years of age (unless the applicable age of majority in your state of residence is higher) or older, 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 18 years of age (or the applicable legal age), we may terminate your Account, delete any information that you have submitted to the Services, forfeit any prize, Virtual Items, Digital Assets, funds or making void any transactions, and prohibit you from using or accessing the Services (or any portion, aspect or feature thereof).

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

  • Are over the age of eighteen (18) or over the legal age of majority under Applicable Law in the jurisdiction in which you reside and in the territory of your citizenship;
  • Have the legal power to form a binding contract with the Company;
  • Are physically located in a jurisdiction in which the use of the Services and the Digital Assets (including, without limitation, Banksters NFT and BARS Tokens) are unrestricted by that jurisdiction’s laws;
  • Are physically located in a jurisdiction in which participation in the Game (including tournaments) is not a Restricted Territory;
  • You are legally capable of entering into a binding contract , and you Are not aware of any legal, regulatory, commercial, contractual, or other restriction forbidding your use of our Services in accordance with these Terms or of Digital Assets (including, without limitation, Banksters NFT and BARS Tokens);
  • Are not a Restricted Person;
  • Agree to at all times abide by these Terms and all Applicable Laws, and your use of the Services does not violate any Applicable Laws;
  • Recognize that the Company and Covered Entities are not accountable for your adherence to such Applicable Laws;
  • Have the required amount of the applicable Digital Assets in order to pay the all applicable blockchain transaction fees, such as 'gas fees', and any other applicable fees;
  • Are not a Restricted Person or a citizen, national, resident (tax or otherwise) of the Restricted Territories;
  • Ensure that the Services may not be used for any form of restricted or prohibited activity;
  • You are solely responsible for keeping your Account secure and for anything that occurs on your Account, whether or not these actions were taken by you or an unauthorized third party that has gained access to your Account;
  • Shall only register for a single Account and you shall not use or access multiple Accounts at the same time;
  • Shall not create an Account with a false identity or provide incorrect information, or create an Account on behalf of someone other than yourself;
  • Shall not share with, give access to your Account Information to anyone, or do anything else that might jeopardize your Account security;
  • Shall notify us immediately, as detailed in the section "Contact Us" of these Terms, if you have lost control of your password or you suspect there is an unauthorized activity in your Account, including theft, unauthorized disclosure of your Account Information;
  • You shall ensure that you log out or exit from your Account (if applicable) at the end of each login to our Services;
  • You will not hold us or any of the Covered Entities responsible or liable, for any loss, damage, unauthorized access, or any breach of your Account and the disclosure of your Account Information.

If you do not meet all of the abovementioned requirements, you must not access or use any part of the Services, and we may suspend or close your Account with or without notice.

The Company's employees and immediate family members (including the following - any domestic partner or relative of the employee who resides at an employee’s residence, including but not limited to parents, grandparents, in-laws, children, siblings, and spouses) are not permitted to play in any public tournaments hosted on the Services.

7. Account Information

To access or use the Services, you must create an Account via our Website. Please note that the Services may not be fully compatible with all platforms, devices, and operating systems, therefore we encourage you to verify all the compatibility requirements yourself and update where it is needed third party software from time to time in order to receive the Services.

When you create an Account, you will be asked to provide information, which may involve:

  • Registering a unique username and password;
  • Providing contact information, such as your email address;
  • Providing a Personal Wallet address, and if you do not already have a Personal Wallet, creating a Personal Wallet through Third Party Services which are accessible during the registration process;
  • Providing any other information that we may request during the Account registration process.

As the holder of your Account, you are solely responsible for complying with these Terms, and only you are entitled to all benefits accruing thereto.

8. KYC, KYT and Account Verification

We reserve the right to verify your registration details at our own discretion and at any time, such as name, address, age and any other details by requesting certain documents, including where required by Applicable Law. If deemed necessary, we may request that the said document copies are notarized, meaning that the documents are stamped and attested by a public notary. In the event our requests for documents are not completed by you, we may at our sole discretion terminate the Account, and withhold or cause the applicable third party to withhold any transactions, where applicable.

You agree to update any provided information or data or to provide additional documentation as part of ongoing efforts to prevent illegal and fraudulent activities, 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. If there are any grounds for believing that any of the information you provided is incorrect, false, outdated or incomplete the Company reserves the right to send you a notice to demand correction, directly delete the relevant information, and, as the case may be, terminate all or part of our Services we provide to you.

To access or use the Services or any part thereof, you may be required at Company's sole discretion, to do all the following –

  • Undergo and successfully pass know-your-customer (KYC), KYT and customer due diligence procedures or screening and provide all information the Company may request, including without limitation in order to ensure compliance with all Applicable Laws, and the Company's internal policies and procedures.
  • Execute and deliver to the Company, or to any other entity on its behalf, documents related to the Services under any Applicable Law, including any anti-money laundering and counterterrorism financing laws in any jurisdiction.

9. Device and Personal Information

Using the Services require an internet connection to our servers and you understand and acknowledge that you are solely responsible to pay for any fees, including Internet connection or mobile fees necessary to access or use our Services.

We may need to collect certain information from you and your internet-enabled device in order to make the software and Services available to you, such as your Account Information, hardware system, internet connection data and any other data related to the operation and provision of the Services. Please note that we will use and retain such information in accordance with our Privacy Policy .

10. Games

General. By setting up an Account and accessing the Services, you may obtain access to the Game and you may be required to download and install content, services, or software onto your device.

Promotions. You may, under certain conditions and in accordance with Applicable Laws where you reside, participate in various promotions. Additional terms applicable to the participation in such contests are available here [enter]. By entering into or participating in any contest on our Services you hereby agree to the Promotion Terms.

Updates. For reasons that include, without limitation, system security, stability, the Company may need to automatically update, pre-load, create new versions of or otherwise enhance the Game and the Services and accordingly, the system requirements to use the Game and Services may change over time. You consent to such automatic updating.

Virtual Items. The Services may include an opportunity to obtain or receive Virtual Items. Virtual Items can be either won or obtained within the Services. You acknowledge that because all Virtual Items are created through the Services, we solely and exclusively own all Virtual Items. To the extent we do not automatically own any Virtual Item, you hereby irrevocably, expressly and automatically assign to us, in perpetuity, all right, title and interest in and to any such Virtual Items, including, without limitation, all copyrights, patent rights, trade secrets, trademarks, moral rights and all other applicable proprietary and intellectual property rights throughout the world. If you have any rights to Virtual Items that cannot (as a matter of law) be assigned to us in accordance with the foregoing, you unconditionally and irrevocably: (i) waive the enforcement of such rights against us; and (ii) grant to us an exclusive, irrevocable, perpetual, worldwide, royalty-free license (a) to reproduce, create derivative works of, distribute, publicly perform, publicly display, digitally perform and otherwise use and exploit such Virtual Items, (b) to use, make, have made, sell, offer to sell, import and otherwise exploit any product or service based on, embodying, incorporating or derived from Virtual Items, and (c) to exercise any and all other present or future rights not yet known in Virtual Items. Subject to these Terms, we grant you a limited license to use the Virtual Items, subject to the limitations and other terms set out in these Terms, through your own Account solely for your personal use of the Services.

Virtual Items, other than BARS Points, can never be redeemed or cashed out for “real world” money, goods, or any other item of monetary value from the Company or any other party.

You understand that you have no right or title in the Virtual Items appearing or originating in any of our Services, or any other attributes associated with your Account or stored on the Services. Accordingly, you may not sublicense, trade, sell, transfer or attempt to sell or transfer Virtual Items or anything that appears or originates in the Services, for "real" money, or exchange Virtual Items for value of any kind outside of the Services, without Company's written permission. Doing so is a violation of these Terms and may result in termination of your Account or legal action taken against you, any such transfer, sell, purchase, or attempted transfer, sell or purchase is prohibited and void. We retain the right to manage, regulate, control, modify or eliminate Virtual Items at our sole discretion, and we shall have no liability to you or anyone for the exercise of such rights. Virtual Items are subject to change without notice. In addition to the foregoing, we may selectively remove or revoke Virtual Items associated with your Account at our sole discretion.

Virtual Items may only be acquired or awarded from us or through means we provide on our Services or otherwise expressly authorize. We do not recognize any purchase or transfer made outside of the Services on any other platform or e-commerce website, and shall not be liable for any claims or damages caused to the Users with respect to Virtual Items purchased or obtained from third parties, and not through the means provided within the Services.

Restrictions. You may only use the Services for personal, non-commercial use. Except as otherwise permitted under these Terms, or under Applicable Law.

Cheating and frauds. You represent and warrant that you may not participate in the Services or use the Services in a way that interrupts or attempts to interrupt the operation of the Games and Services as detailed herein.

Taxes. You have the sole responsibility for paying, withholding, filing, and reporting all taxes, duties, levies, and other governmental payments or assessments which are related to your activity or use of the Services and the Digital Assets. The Company reserves the right to do any of the foregoing in its sole discretion, including among others, on your behalf.

Compliance with Applicable Law. You acknowledge that various rules, regulations and laws, including among others those addressing, skill-games based, tournaments with entry fees or prizes govern your participation in the Games, Digital Assets, and that applicable gaming and other laws and regulations are set up by each individual, state, country, territory, or jurisdiction. You are solely responsible for your compliance with all Applicable Laws. Access to the Games may not be legal for some or all residents of, or persons present in certain jurisdictions. The Services are void where prohibited or restricted by Applicable Laws. We reserve the right to include any jurisdiction in the Restricted Territories list as determined at our sole discretion. It is your responsibility to determine whether the jurisdiction in which you are located permits such skill-based tournaments.

WE MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AS TO THE LAWFULNESS OF YOUR PARTICIPATION IN THE GAMES AND SERVICES OFFERED ON OUR WEBSITES, NOR SHALL ANY PERSON AFFILIATED, OR CLAIMING AFFILIATION, WITH US HAVE AUTHORITY TO MAKE ANY SUCH REPRESENTATIONS OR WARRANTIES.

11. Prohibited Uses

You may use the Services only for lawful purposes. You are solely responsible for all of your activity in connection with the Services.

You warrant and represent that you are prohibited from (and shall not permit any third party to) taking any action that:

  1. Is illegal, violent, threatening, abusive, invasive of any person's privacy, harassing, defamatory, libelous, false, deceptive, fraudulent, misleading, untruthful, tortuous, offensive or otherwise inappropriate, as we may determine in our sole discretion;
  2. Infringes, violates, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right or any other Intellectual Property Right or proprietary right as may now exist or hereafter come into existence;
  3. 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;
  4. Copies, photocopies, reproduces, publishes, modifies, adapts, translates into any language, distributes, or creates derivative works based on the Services, the Banksters NFTs, BARS Tokens or any Associated Art;
  5. Sublicenses, subleases, leases, lends, assigns, sells, licenses, distributes, rent, exports, re-exports or grants other rights in the Services and any attempt by you to take such action shall be void;
  6. Decompiles, disassembles, reverses engineer, or attempts to reconstruct, identifies or discovers any source code, underlying ideas, underlying user interface techniques, or algorithms of the Services, BARS Tokens or Banksters NFTs by any means whatsoever;
  7. Uses a utility program or any other techniques now known or hereafter developed, for any purpose including, but not limited to network play over the Internet, network play utilizing commercial or non-commercial gaming networks or as part of content aggregation networks, websites or services;
  8. Removes, obscures or alters any copyright or other proprietary notices contained on or in or otherwise connected to the Services, BARS Tokens or Banksters NFTs;
  9. Involves commercial activity not expressly permitted by us;
  10. 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 us, our Users, or any other individual or entity;
  11. Uses or launches any automated system, including without limitation, “robots,” “spiders,” “offline readers”, etc., that accesses the Services in a manner that sends more request messages to our servers than a human can reasonably produce in the same period of time;
  12. Transmits invalid data, worms, viruses, Trojan horses or any code of a destructive nature;
  13. Transmits spam, chain letters, materials related to any political campaigns, commercial solicitations, mass mailings, or any form of spam or other unsolicited texts or emails;
  14. Impersonates any individual or entity, including, without limitation, our employees or representatives;
  15. Uses a false phone number or email, identity, or attempt to use another User's Account;
  16. Uses the Services, BARS Tokens or Banksters NFTs for money laundering, terrorist financing, or other illicit finance or activity;
  17. Targets children or individual under the age of majority in any jurisdiction where the Services are made available;
  18. Engages in any activity that interrupts or attempts to interrupt the operation of the Services, BARS Tokens, Banksters NFTs or any related smart contract or technology;
  19. Uses unauthorized or altered software or hardware to assist play;
  20. Uses intentionally poor play methods to achieve competitive advantage;
  21. Collides with other players (e.g. intentionally losing matches in monetary tournaments);
  22. Performs any activity intended to defraud the Company or any third party or circumvent any contractual or legal restriction or any other act (whether through the use of automated technology or otherwise) that unfairly alters your possibility of winning or constitutes the commission of fraud, regardless of whether such attempted act has caused Company any actual harm.

Anyone who engages in, participates in, or displays behavior that may be interpreted, in our sole discretion, as unfair methods in participating in the Services, including but not limited to – (i) the opening or use of multiple Accounts; (ii) collusion with or harassment of other Users; (iii) breach of these Terms; (iv) breach of security of your Account; (v) the User's Account login and password, or Personal Wallet, or means of access to any of the foregoing including a mobile device, computer or other device, are in the possession of a third party or (vi) any other act or omission (whether through the use of automated technology or otherwise), will be subject to immediate sanction (as determined by us in our sole discretion), which may include, without limitation, disabling the ability to use or access to our Services in whole or in part, forfeiting any prizes, Virtual Items, Digital Assets, funds or making void any transactions, as well as any other legal actions. We reserve the right to disclose or report any money laundering or other suspicious activity to law enforcements and regulatory authorities and to seek damages and other remedies from you to the fullest extent permitted by law.

You further acknowledge that the forfeiture of any prize, Virtual Asset, Digital Asset, funds or making void any transactions, as a result of a violation of these Terms shall in no way prevent us from pursuing criminal or civil proceedings in connection with this section.

Any attempt to deliberately damage the Services or violation of criminal, civil laws or other Applicable Laws, and should such an attempt be made, we reserve the right to seek damages and other remedies from you to the fullest extent, as permitted under Applicable Laws.

We reserve the right to exercise whatever lawful means we deem necessary to prevent unauthorized use of the Services, including, but not limited to, technological barriers, IP mapping, and directly contacting your wireless (cellular) carrier regarding such unauthorized use.

12. Third-party Services and Content

The Services may provide links to third-party websites, apps (including extensions), services, offerings, products or other activities (“Third Party Services”) that are not owned or controlled by us. These links are provided as a convenience to you and do not signify that we endorse or are 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.

Additionally, we do not accept responsibility for any product or content made available, or payments processed or submitted, through such third-party websites or third party providers, nor for their privacy or any other practices. We urge our Users to exercise caution in using any third-party websites. Therefore, you agree not to hold us responsible from any liability arising from your access to or use of any third-party website, content, service through the Website.

All information regarding any market or price of any Digital Asset, including any indices or rate presented or used as part of the Services (including within in-game 'Investment Runs'), does not and is not intended to necessarily represent the real market conditions or prices, or be precise. Furthermore, such information may be provided by a third party over which we have no control. We make no representations and take no responsibility whatsoever regarding the aforementioned third parties or the aforementioned information.

You hereby acknowledge and understand that all services involving Digital Assets as part of the Game or the Services or accessible through the Game or the Services are provided by Third Party Services providers.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, LICENSORS OR SERVICE PROVIDERS OR ANY OTHER COVERED ENTITIES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES OR REPRESENTATIVES, BE LIABLE OR ASSUME ANY OBLIGATION WHATSOEVER TO YOU OR ANYONE ON YOUR BEHALF, REGARDLESS OF THE FORM OF ACTION, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR LOSS OF ANY KIND, INCLUDING WITHOUT LIMITATION, LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF CONTRACTS OR LOSS OF ANTICIPATED SAVINGS, LOSS OF ANY DIGITAL ASSET (INCLUDING WITHOUT LIMITATION ANY BARS TOKEN OR BANKSTERS NFT OR MINTING SCROLL NFT), LOSS OF ANY BARS POINTS OR VIRTUAL ITEMS, LOSS OF ANY CRYPTOGRAPHIC KEY OR ANY PASSPHRASE (INCLUDING WITH REGARD TO ANY DIGITAL ASSET WALLET), ASSOCIATED ART, ANY LOSS OR ANY DAMAGE ARISING OUT OF OR RELATING TO YOUR AUTHORIZED OR UNAUTHORIZED USE OF THE SERVICES, OR OF ANY SERVICE, PRODUCT OR CONTENT PROVIDED BY ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION THE TOKEN ISSUER, OR ANY DIGITAL ASSET (INCLUDING WITHOUT LIMITATION ANY BARS TOKEN OR BANKSTERS NFT OR MINTING SCROLL NFT), OR BARS POINTS OR VIRTUAL ITEMS, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY. IN THE EVENT OF ANY COMPLAINT YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES. THE COMPANY SHALL NOT BE LIABLE FOR ANY ACTS OR OMISSIONS MADE BY YOUR INTERNET SERVICE PROVIDER OR OTHER THIRD PARTY WITH WHOM YOU HAVE CONTRACTED TO GAIN ACCESS TO THE SERVICES.

You agree and confirm that: (i) you are free to choose whether to use the Services, BARS Tokens or Banksters NFTs or Minting Scroll NFTs and do so at your sole option, discretion and risk; (ii) the Company shall not be liable to you or any third party for any modification to, suspension of or discontinuance of the Services; (iii) any claim or cause of action, regardless of the form of action, which you may have arising out of or related to use of the Services, Banksters NFTs, Minting Scroll NFTs, BARS Tokens, BARS Points, Virtual Items or these Terms, must be filed within one (1) year after such claim or cause of action arose.

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.

IN NO EVENT SHALL COMPANY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF ONE HUNDRED DOLLARS ($100). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

14. Disclaimer of Warranties

The Services are provided on an "as is" and "as available" basis, without any warranty or representation of any kind, either express or implied (whether by law, statute or otherwise). We strive to keep our Services up and running; however, all online services suffer occasional disruptions and outages. In addition, the Company is not responsible in any way for the Game you play or for any of your device, tablet, computer, software, including for any communication or other errors in such Game or device, and such errors might be counted as losses in tournaments you participate in. We and the Covered Entities do not provide any warranty regarding the Services, Website, Banksters NFTs, BARS Tokens, BARS Points, Minting Scroll NFTs, Virtual Items, Associated Art or any service or content made available through the Services and expressly disclaim the availability, the accuracy of the information displayed about Game statistics, technical errors in the Services, Banksters NFTs, BARS Tokens, Minting Scroll NFTs, BARS Points, Virtual Items, Associated Art, usability, satisfactory quality, appropriateness, reliability, timeliness, completeness, warranty of title, non-infringement, merchantability, legality, or fitness for a particular purpose. We do not warrant or guarantee protection from viruses or other computer system malware. We do not claim or guarantee that the Services, BARS Tokens and BARS NFTs shall be uninterrupted, secure, or error-free. We do not guarantee that any tournaments you participate in will be fair or that other players will not cheat in such games. We do not and cannot guarantee that the use of our Services or the use of Banksters NFTs, BARS Tokens or Minting Scroll NFTs will generate you any profits. We and the Covered Entities 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.

15. License to Use the Services

Subject to your compliance with the Terms, we grant you a personal, limited, non-commercial, non-exclusive, non-sublicensable, non-assignable, non-transferable, freely revocable license to use the Services. You acknowledge and agree that we own or control all legal right, title and interest in and to all the elements presented directly or indirectly on our Services.

The brand names relating to the Services, including the Game, and any other Intellectual Property Rights used by the Company or on its own behalf from time to time are the Intellectual Property Rights of the Company or one of its group companies or its licensors and these entities reserve all rights to such Intellectual Property Rights. Unless otherwise provided, the Company, including its Affiliates and subsidiaries, or its licensors own all the Intellectual Property Rights available on the Services, including but not limited to the information, images, pictures, graphics, photographs, animations, videos, music, audio, and text which are all protected by copyright.

We do not grant you or any other party any right, title or interest in the Services, the Game, or any materials available on our Services.

You understand and acknowledge all of the following -

  • The use of the Services is for personal, non-commercial entertainment only and not for any other purpose.
  • Any material available on our Services, including those appearing on our Website should not be reproduced, copied, edited, published, transmitted or uploaded in any way without our written permission.
  • Registering to our Services or participating in Games do not grant you any express or implied right under any of the Company's Intellectual Property Rights or other proprietary information.
  • If you violate or do not agree to these Terms, your license to access or use the Services shall be immediately terminated and you will no longer be able to access or use our Services.
  • You are strictly prohibited from, without no limitation, making any commercial use, modifying, sharing, publicly displaying, making of copies or derivate versions, displaying, distributing, posting or promoting for monetary purposes any part of the Services.

15. Indemnification

You hereby agree to indemnify and hold the Covered Entities or third party service providers harmless for any claims, matters, complaints, costs, liabilities and actions arising out of or related to your use of the Services, including but not limited to:

  • Your failure to comply with any Applicable Law;
  • Any claim of infringement or misappropriation of any third party rights, including but not limited to any, copyright, privacy rights or Intellectual Property Rights in the Services;
  • Any issue related to BARS Tokens or any NFTs, including Minting Scroll NFTs, Banksters NFTs, or Associated Art;
  • Your breach of any provision of these Terms; or
  • Your use or misuse of the Services.

You agree to promptly notify the Company of any third party claims and fully cooperate with the Company in defending such claims at your sole expense. You further agree that at Company's sole discretion, the Company shall have control of the defense or settlement of any such claims.

17. Term and Termination

These Terms apply to you and to us from the date that you accept them as provided above. We reserve the right, without notice and in our sole discretion, to terminate these Terms, revoke or forfeit any prize, including without limitation Virtual Items that you accumulated, Digital Assets, funds or making void any transactions transaction, or terminate or suspend your access to or use of all or any part of the Services effective immediately, at any time including, inter alia, if we suspect in our sole discretion that (i) you were engaged or are being engaged in fraudulent activity or any illegal activity under any Applicable Law; (ii) you have provided false information to, or concealed any information from us; or (iii) you have engaged in activity in violation (including alleged violations) of these Terms.

Provisions that, by their nature, should survive termination of these Terms shall survive termination, including without limitation, sections entitled "Disclaimer and risk disclosures", "Games", "Third Parties and content", "License to use the Services", "Indemnification", "Disclaimer of Warranties", "Limitation of liability", "Miscellaneous" shall survive any expiration or termination of these Terms.

18. Miscellaneous

Governing Law. These Terms shall be governed by, and interpreted in accordance with the law of Malta, without giving effect to its principles or rules of conflict of laws. Any action to be brought in connection with these Terms shall be brought exclusively in the courts of Malta, and you irrevocably consent to their jurisdiction.

Non-refund. Unless stated otherwise, and subject to Applicable Laws, any purchase of products or services from the Company or with respect to the Services is final and non-refundable.

Severability. If any part of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the rest of these Terms and shall not affect the validity and enforceability of any of the remaining provisions of these Terms. In such cases, the part deemed invalid or unenforceable shall be construed in a manner consistent with applicable law to reflect, as closely as possible, the original intent of the parties.

Waiver. No waiver by us of any provision of these Terms shall be construed as a waiver of any preceding or succeeding breach of any condition of these Terms.

Entire agreement. These Terms, including the documents referred to in these Terms, constitute the entire agreement between the parties regarding the use of the Services and will supersede all prior written or oral agreements between the parties. No usage of trade or other regular practice or method of dealing between the parties will be used to modify, interpret, supplement, or alter these Terms herein.

Third parties. Unless otherwise expressly stated, nothing in these Terms shall create or confer any rights or any other benefits to third parties.

Independent parties. Nothing in these Terms, shall be construed as creating any agency, partnership, trust arrangement, fiduciary relationship or any other form of joint enterprise between you and the Company.

Controlling Version. Any translation of these Terms of Use is provided solely for your convenience. The meanings of terms, conditions and representations herein are subject to definitions and interpretations in the English language and in the event of a dispute, the English language version shall prevail. Any translation provided may not accurately represent the information in the original English language version of these Terms.

Assignment. You may not assign or transfer any right to use the Services or any of your rights or obligations under these Terms without prior written consent from the Company, including any right or obligation related to the enforcement of laws or the change of control. The Company may assign or transfer any or all of its rights or obligations under these Terms, in whole or in part, without notice or obtaining your consent or approval.

19. Contact Us

If you have any questions, would like to provide us feedback or receive more information about us, please feel free to email us [email protected].

* These are preliminary estimates and are subject to change at any time without prior notice. Actual earnings may vary based on game dynamics, player engagement, and other factors.
© Copyright 2023 Lava Games
* These are preliminary estimates and are subject to change at any time without prior notice. Actual earnings may vary based on game dynamics, player engagement, and other factors.