NFArcade Corp. Terms of Use

GENERAL

The terms of this agreement and any policies referenced herein (collectively, the "Terms") governs the relationship between you and NFArcade Corp. (hereinafter, "NFA", "we", "us", "our")regarding your use of the NFA website (the "Platform") and your use of the NFA Platform, games, store, site and related services (collectively, the "Service").

These Terms also govern your purchase, use and sale of a collection of NFA non-fungible tokens ("NFA NFTs") operating on the Ethereum network. Users are entirely responsible for the safety and management of their user accounts, Ethereum wallets and signing all transactions and contracts generated by this Platform prior to approval. Furthermore, as the NFA smart contract runs on the Ethereum network, there is no ability to undo, reverse, or restore any transactions.

By accessing the Platform, you agree to be bound by this Terms of Use, our Privacy Policy (the "Privacy Policy"). If you do not agree with our Terms, then you must exit the Platform immediately without interacting with our smart contracts.

USING THE SERVICE

Subject to your agreement and continuing compliance with these Terms and any other relevant NFA policies, you have a non-exclusive, non-transferable, non-sublicensable, revocable and limited right to access and use the Service for your own non-commercial entertainment purposes. You agree not to use the Service for any other purpose.

The following restrictions apply to your use of the Service:

You accept full responsibility for any unauthorized use of the Service by minors. You are responsible for any use of your credit card or other payment instrument (such as Stripe, Coinbase Payments, and Paypal) by minors.
You shall not (or attempt to) purchase, sell, rent or give away your Account, create an Account using a false identity or information, or on behalf of someone other than yourself; You shall not use the Service if you have previously been removed by NFA, or previously been banned from playing any NFA game.
You shall not use the Service to advertise, or solicit, or transmit any commercial advertisements, including chain letters, junk or spam e-mail or repetitive or misleading messages to anyone.

Login and Account Information

You may be required to connect a cryptocurrency wallet for your Account or you may also use other credentials to access the Account. You shall not share the Account or the Wallet seed Information, nor let anyone else access your Account or do anything else that might jeopardize the security of your Account. In the event you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the Login Information, you must immediately notify NFA and modify your Login Information. You are solely responsible for maintaining the confidentiality of the Login Information, and you will be responsible for all uses of the Login Information, including purchases, whether or not authorized by you. You are responsible for anything that happens through your Account.

NFA reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates the third party's rights.

Any use of the Service in violation of these Use Limitations is strictly prohibited, can result in the immediate revocation of your limited right and may subject you to liability for violations of law.

You agree that in no circumstances will you:

Engage in any act that NFA deems to be in conflict with the spirit or intent of the Service or make improper use of NFA's support services
Use or take part (directly or indirectly) in the use of cheats, exploits, automation software, emulators, bots, hacks, mods or any unauthorized third-party software designed to modify or interfere with the Service, any NFA game or any NFA game experience.
Modify or cause to be modified any files that are a part of the Service or any NFA game without NFA's express written consent.
Disrupt, interfere with or otherwise adversely affect the normal flow of the Service or otherwise act in a manner that may negatively affect other users' experience when using the Service or playing NFA's games. This includes win trading and any other kind of manipulation of rankings, taking advantage of errors in the Service to gain an unfair edge over other players and any other act that intentionally abuses or goes against the design of the Service.
Disrupt, overburden, or aid or assist in the disruption or overburdening of any computer or server used to offer or support the Service or any NFA game environment.
Institute, assist, or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks upon the Service, or other attempts to disrupt the Service or any other person's use or enjoyment of the Service.
Attempt to gain unauthorized access to the Service, Accounts registered or used by others or to the computers, servers, or networks connected to the Service by any means other than the user interface provided by NFA, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that is part of the Service.
Post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive or engage in ongoing toxic behavior, such as by repeatedly posting information on an unsolicited basis.
Post any information that contains nudity, excessive violence, or offensive subject matter or that contains a link to such content.
Attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person, group, including NFA employees, including NFA's customer service representatives.
Make available through the Service any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person, including without limitation a NFA employee.
Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Service or any NFA game, or to obtain any information from the Service or any NFA game using any method not expressly permitted by NFA.
Solicit or attempt to solicit Login Information or any other login credentials or personal information from other users of the Service or any NFA game.
Collect or post anyone's private information, including personally identifiable information (whether in text, image or video form), identification documents, or financial information through the Service.
Use any NFA game for gambling, betting or any similar activity in which prizes or rewards can be won (directly or indirectly), including betting on the outcome of matches in which you participate as a player, irrespective of whether or not there is a fee or stake involved.

NFA reserves the right to determine what conduct it considers to be in violation of the rules of use or otherwise outside the intent or spirit of these Terms of Service or the Service itself. NFA reserves the right to take action as a result, which may include terminating your Account and prohibiting you from using the Service in whole or in part.

SUSPENSION AND TERMINATION OF ACCOUNT AND SERVICE

WITHOUT LIMITING ANY OTHER REMEDIES, NFA MAY LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO THE SERVICE OR PORTIONS THEREOF WITH OR WITHOUT NOTICE TO YOU (i) IF YOU ARE, OR NFA SUSPECTS THAT YOU ARE, FAILING TO COMPLY WITH THESE TERMS OF SERVICE; OR (ii) FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE SERVICE. YOU CAN LOSE YOUR USER NAME AND PERSONA IN THE SERVICE AS A RESULT OF ACCOUNT TERMINATION OR LIMITATION, AS WELL AS ANY BENEFITS, PRIVILEGES, EARNED VIRTUAL ITEMS AND PURCHASED VIRTUAL ITEMS ASSOCIATED WITH YOUR USE OF THE SERVICE, AND NFA IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS. WITHOUT LIMITING OUR OTHER REMEDIES, WE MAY LIMIT, SUSPEND OR TERMINATE THE SERVICE AND ACCOUNTS OR PORTIONS THEREOF, PROHIBIT ACCESS TO OUR GAMES AND SITES, AND THEIR CONTENT, SERVICES AND TOOLS, DELAY OR REMOVE HOSTED CONTENT, AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT USERS FROM ACCESSING THE SERVICE IF WE BELIEVE THAT THEY ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF OUR TERMS OR POLICIES. ADDITIONALLY, WE MAY, IN APPROPRIATE CIRCUMSTANCES AND AT OUR SOLE DISCRETION, SUSPEND OR TERMINATE ACCOUNTS OF USERS WHO MAY BE REPEAT INFRINGERS OF THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS. NFA RESERVES THE RIGHT TO TERMINATE ANY ACCOUNT THAT HAS BEEN INACTIVE FOR 180 DAYS.

NFA reserves the right to stop offering and/or supporting the Service or a particular game or part of the Service at any time, at which point your right to use the Service or a part thereof will be automatically terminated. In such an event, NFA shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued Service. Termination of your Account can include disabling your access to the Service or any part thereof including any content you submitted or others submitted. You may terminate your Account at any time and for any reason by following the process described on our support page informing NFA that you wish to terminate your Account.

OWNERSHIP

1 : Games and Service

All rights, title and interest in and to the Service (including without limitation any games, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information, recordings of games played using a NFA game client, and the NFA game clients and server software) are owned by NFA. NFA reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with its games and the Service.

2 : Accounts

NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTERSEST IN THE ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO THE ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF NFA.

3 : Virtual Content

NFA owns, has licensed, or otherwise has rights to use all the content that appears in the Service or in the NFA games. Notwithstanding any provision to the contrary herein, you agree that you have no right or title to any content that appears in the Service, including without limitation virtual items, content, features, goods, services or currency appearing or originating in any NFA game, Platform, whether earned in a game or purchased from the NFA Platform, or any other attributes associated with an Account or stored on the Service.

NFT RIGHTS AND OWNERSHIP

1 : Ownership of NFTs.

Each NFA NFT is an NFT on the Ethereum blockchain. When you purchase a NFA NFT, you own that specific NFA NFT. Ownership of the NFA NFT is managed entirely by the NFA smart contracts and the Ethereum Network: at no point may we seize, freeze, or otherwise modify the ownership of any NFA NFTs. We do however, reserve the right to limit access to Platform functionality.

2 : Personal Use

Subject to your continued compliance with these Terms, ownership of a NFA NFT grants you a worldwide, non-exclusive, royalty-free license to use, copy, and display the profile picture and derivatives of the profile (the “PFP”) that is linked to your NFA NFT, along with any extensions that you choose to create or use, solely for the following purposes: (i) for your own personal, non-commercial use; (ii) as part of a marketplace that permits the purchase and sale of your NFA NFT, provided that the marketplace cryptographically verifies each NFA NFT owner’s rights to display the PFP for their respective NFA NFT to ensure that only the actual owner can display the PFP; or (iii) as part of a third party website or application that permits the inclusion, involvement, or participation of your NFA NFT, provided that the website/application cryptographically verifies each NFA NFT owner’s rights to display the PFP for their NFA NFT to ensure that only the actual owner can display the PFP, and provided that the PFP is no longer visible once the owner of the NFA NFT leaves the website/application.

We’ve given you Personal Use licensing rights over for the NFA NFTs, but not our logo, names (NFA), site images, or other marketing material. Most of these logos, names, and images related to NFA have either trademarked pending status or are the intellectual property of the artist(s).

That said, just because our logo may appear somewhere on your NFA NFT, that does not give you the right to use that logo other than on the NFA NFT itself or on a derivative of that NFA NFT. You can’t take the logo and use it to brand an item for sale or use it for marketing of a product. We don’t mind personal use or fan art usage of our logos, just so long as you don’t try and sell them. Regarding the term “NFA”, we allow usage of the term NFA only when used in conjunction with your specific NFA NFT.

3 : Commercial Use

Subject to your continued compliance with these Terms, NFA does not grant you any license for the commercial use of your NFA NFT.

4 : NFA Retained Usage Rights

NFA reserves the right to use any PFP and NFA intellectual property within The NFA NFT collection for any reason without any obligations to you. All rights not expressly granted above are reserved by NFA.

FEES AND PURCHASE TERMS

Purchases

In the Service, you may purchase, with “real world” money, a limited, personal, non-transferable, non-sublicensable, revocable right to use (a) virtual currency, including but not limited to virtual tokens for use in NFA games; (b) virtual in-game items, content or features; and (c) other goods or services (points a to c, are hereinafter jointly referred to as “Virtual Items”). You are only allowed to purchase Virtual Items from us or our authorized partners through the Service.

NFA may manage, regulate, control, modify or eliminate virtual items at any time, with or without notice. NFA shall have no liability to you or any third party in the event that NFA exercises any such rights. The transfer of Virtual Items is prohibited except where expressly authorized in the Service. ALL PURCHASES AND REDEMPTIONS OF VIRTUAL ITEMS MADE THROUGH THE SERVICE ARE FINAL AND NON-REFUNDABLE. The provision of Virtual Items for use in NFA games is a service provided by NFA that commences immediately upon acceptance by NFA of your purchase.

WARRANTY DISCLAIMER

THE PLATFORM AND ITS SERVICE, ANY CONTENT CONTAINED THEREIN, AND ANY NFTS (INCLUDING ASSOCIATED PFP) LISTED THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES, REPRESENTATIONS, OR GUARANTEES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NFA AND ITS SUPPLIERS MAKE NO WARRANTY THAT THE SERVICES OR NFTS: (I) WILL MEET YOUR REQUIREMENTS; (II) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (III) WILL BE ACCURATE, RELIABLE, COMPLETE, OR SAFE. NFA DISCLAIMS ALL OTHER WARRANTIES REPORTS, OR GUARANTEES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,QUIET ENJOYMENT, TITLE OR NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AS TO THE SERVICES, ANY CONTENT CONTAINED THEREIN AND ANY NFTS LISTED THEREIN.

INDEMNITY

You will indemnify, defend (at NFA’s option) and hold NFA and its shareholders, advisors, officers, directors, employees and agents, harmless from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (a) your access to or use of the Services, or (b) your violation of these Terms. You may not settle or otherwise compromise any claim subject to this Indemnity Section without NFA’s prior written approval.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER NFA NOR ITS SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS & CONDITIONS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR NFTS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT NFA OR ITS SERVICE PROVIDERS HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE AGGREGATE TOTAL LIABILITY OF NFA AND ITS AGENTS, REPRESENTATIVES, AND AFFILIATES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE PLATFORM, SERVICES OR NFTS EXCEED THE AMOUNTS YOU HAVE PAID OR ARE PAYABLE BY YOU TO NFA FOR USE OF THE SERVICES OR ONE HUNDRED U.S. DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO NFA, AS APPLICABLE.
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN NFA AND YOU.

UPDATES TO TERMS OR SERVICE

We reserve the right to modify these Terms at any time at our sole discretion. If we do so, we’ll let you know by either posting the modified Terms on our website or through other methods of communication which we deem reasonable. If you continue to use NFA following any modification of the Terms you shall be deemed to have accepted the modified Terms. If you do not agree to the Terms or any modifications to the Terms, you may not access or use our Services. Our Services are evolving over time, we may change or discontinue all or any part of the Services, at any time and without prior notice, at our sole discretion.

INDEMNITY

To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless us, our affiliates, and our respective shareholders, members, directors, officers, employees, attorneys, agents, representatives, suppliers and contractors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including, but not limited to, attorney’s fees) arising from: (a) your use of and access to the Services; (b) any feedback or submissions you provide to us concerning NFA; (c) violation of any Third Party Content (d) your violation of the Terms; or (e) your violation of any law, rule, or regulation, or the rights of any third party.

GOVERNING LAW

No matter where you’re located, the laws of the province of British Columbia, Canada will govern these Terms and the parties’ relationship as if you signed these Terms in the province of British Columbia, without regard to Wyoming’s conflicts of laws rules. If any provisions of these Terms are inconsistent with any applicable law, those provisions will be superseded or modified only to the extent such provisions are inconsistent. The parties agree to submit to the federal or provincial courts in state of Wyoming for exclusive jurisdiction of any dispute arising out of or related to your use of the Services or your breach of these Terms. You waive any objection based on lack of personal jurisdiction, place of residence, improper venue, or forum non convenience in any such action.

NOTE TO INTERNATIONAL USERS

If you are a user accessing or using our Services from a region with laws or regulations governing personal data collection, use, and disclosure that differ from Wyoming laws, please be advised that we do not collect or process your personal data, except as provided for in our Privacy Policy.

NO WAIVER

Our failure to exercise or delay in exercising any right, power, or privilege under these Terms shall not operate as a waiver; nor shall any single or partial exercise of any right, power, or privilege preclude any other or further exercise thereof. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of us. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms otherwise.

SEVERABILITY

If it turns out that any part of these Terms are invalid, void, or for any reason unenforceable, that term will be deemed severable and limited or eliminated to the minimum extent necessary. The limitation or elimination of the term will not affect any other terms.

CONTACT

The NFA team can be contacted at Email or at their discord.