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Terms of Service

Intro 

These Terms of Use (“Terms”) apply to your airdrop, purchase, sale and display of JustAGame NFTs. Some purchases of JAG NFTs may include special additional offers or features].

These Terms are entered into between you and The JustAGame Foundation (“Company,” “we,” or “us”). These Terms expressly incorporate any other documents referenced herein (such as our Privacy Policy) and govern your access to and use of this site www.justagame.io (the “Site”), as well as all content, functionality, and services offered on or through the Site, including the JAG NFTs.

  1. Reviewing and Accepting These Terms

Please read these Terms carefully, as they set out your rights and responsibilities when you use this website Site to buy JAG NFTs (the “Services”). When each JAG NFT is sold for the first time, the agreement for sale is between the Company and the initial purchaser. If the initial purchaser decides to sell the JAG NFT through this Site, then the Company is not a party to any agreement between such buyer and seller of JAG NFTs or between any other users.

All JAG NFTs are stored on and accessible through the Polygon blockchain. As such, the Company does not maintain the JAG NFTs on this Site and, aside from transferring control of the JAG NFT to the initial purchaser of the JAG NFT, the Company has no control over the transfer, storage, ownership or maintenance of the JAG NFT.

When you connect your cryptocurrency wallet or provide a wallet address to the Site using a trusted service provider such as MetaMask, you accept and agree to be bound and abide by these Terms and all of the terms incorporated herein by reference. By agreeing to these Terms, you hereby certify that you are at least 18 years of age. If you do not agree to these Terms, you must not access or use the Site.

By agreeing to these Terms, you agree to resolve all disputes through binding individual arbitration, which means that you waive any right to have the dispute decided by a judge or jury, and you waive any right to participate in collective action, whether that be a class action, class arbitration, or representative action.

We reserve the right to change or modify these Terms at any time and in our sole discretion. You agree and understand that by accessing or using the Site following any change to these Terms, you are agreeing to the revised Terms and all of the terms incorporated therein by reference.

Review these Terms each time you access the Site to ensure that you understand how the Terms apply to your activities on the Site.

2. Linking Your Cryptocurrency Wallet

When you link your cryptocurrency wallet, you understand and agree that you are solely responsible for maintaining the security of your wallet and your control over any wallet-related authentication credentials, private or public cryptocurrency keys, non-fungible tokens or cryptocurrencies that are stored in or are accessible through your wallet. Any unauthorized access to your cryptocurrency wallet by third parties could result in the loss or theft of JAG NFTs and/or funds held in your wallet and any associated wallets, including any linked financial information such as bank account(s) or credit card(s). We are not responsible for managing and maintaining the security of your cryptocurrency wallet nor for any unauthorized access to or use of your cryptocurrency wallet. If you notice any unauthorized or suspicious activity in your cryptocurrency wallet that seems to be related to this Site, please notify us immediately.

3. Ownership

Unless otherwise indicated in writing by us, the Site, all content, and all other materials contained therein, including, without limitation, our logos, and all designs, text, graphics, pictures, information, data, software, sound files, other files, and the selection and arrangement thereof (collectively, “Site Content”) are the proprietary property of The Company or our affiliates, licensors, or users, as applicable. The JustAGame logo and any JustAGame product or service names, logos, or slogans that may appear on the Site or elsewhere are trademarks of The Company or our affiliates, and may not be copied, imitated or used, in whole or in part, without our prior written permission.

You may not use any Site Content or link to the Site without our prior written permission. You may not use framing techniques to enclose any Site Content without our express written consent. In addition, the look and feel of the Site Content, including without limitation, all page headers, custom graphics, button icons, and scripts constitute the service mark, trademark, or trade dress of JustAGame and may not be copied, imitated, or used, in whole or in part, without our prior written permission.

4. Airdrops

  1. Certain users of Just A Game (“Eligible Users”) may be eligible to receive free, automatic distributions of digital assets (“NFT”) from time to time, at the sole discretion of the Company, in accordance with these Terms. Each such distribution is referred to as an “Airdrop”. 
  2. The Company reserves the right to cancel or amend these Terms and the specifications, terms and conditions of any Airdrop at its sole discretion. 
  3. By accepting an NFT in an Airdrop, you represent that you have read, understood and agreed to be bound by these Terms and you acknowledge and agree to be legally bound by these Terms without limitation or qualification. You further agree that all decisions of the Company shall be final and conclusive. 
  4. You represent and warrant that: (a) you are not located in a country that is subject to a U.S. Government embargo; and (b) you have not been identified as a Specially Designated National or placed on any U.S. Government list of prohibited, sanctioned, or restricted parties. If you access or use the Service outside the United States, you are solely responsible for ensuring that your access and use of the Service in such country, territory or jurisdiction does not violate any applicable laws. 
  5. The Company at its sole discretion will determine the eligibility criteria for each Airdrop, including the amount of NFTs to be distributed to Eligible Users that satisfy specified criteria. Different Eligible Users may receive different Tokens in any particular Airdrop depending on the criteria determined by the Company for such Airdrop. The Company will have no obligation to notify users of JustAGame of the eligibility criteria for any Airdrop prior to the execution of such Airdrop 
  6. In addition to any other eligibility criteria set forth in these Terms or otherwise determined by the Company, to receive an Airdrop all participants must have an approved wallet capable of accepting the Airdrop. 
  7. The Company reserves the sole and absolute right to disqualify any user that the Company deems ineligible for an Airdrop (be it under these Airdrop Rules or by having engaged in a conduct that JAG Foundation considers inappropriate or unacceptable). 
  8. NFTs will be credited to each Eligible User’s Verified Wallet on a date and time determined by the Company. Upon completion of an Airdrop, the Company will notify Eligible Users that Tokens were credited to each Eligible User’s Verified Wallet. 
  9. Airdrops are transferable and no substitutions or cash equivalents are permitted. 
  10. Company decisions in any matter in relation to Airdrop are final and conclusive. The Company will not entertain any requests for appeal or review.

5. Terms of Sale

The prices of NFTs can be extremely volatile and subjective, and NFTs have no inherent or intrinsic value. To the extent there is a price or market for a blockchain asset such as an NFT, (a) those prices and markets are extremely volatile, (b) variations in the price of other digital assets could materially and adversely affect the value of any digital assets you own, including NFTs, and (c) there is no guarantee that NFTs will have or retain any value. NFTs are not securities or financial instruments and are not offered for investment purposes. The commercial or market value of NFTs may materially diminish in value as a result of a variety of things, including negative publicity associated with the Company. You accept and acknowledge that we will not be responsible for the risks of engaging in any transactions relating to your NFTs with third parties (e.g., transferring your NFT from a third party on any so-called “secondary market”).

UNLESS STATED OTHERWISE IN THE DESCRIPTION OF THE APPLICABLE NFT, AN NFT THAT YOU OWN WILL BE TRANSFERABLE, BUT ANY TRANSFEREE WILL BE SUBJECT TO THESE NFT TERMS. NFTS THAT WE PROVIDE ARE UTILITY TOKENS TIED TO UNIQUE GOODS, SERVICES AND EXPERIENCES. YOU SHOULD NOT PURCHASE OUR NFTS WITH A VIEW TO INVESTMENT, RESALE OR SPECULATION. THERE CAN BE NO ASSURANCE AS TO THEIR PRESENT OR FUTURE VALUE, TRANSFERABILITY OR MARKETABILITY.

You represent and warrant that: (a) you are not located in a country that is subject to a U.S. Government embargo; and (b) you have not been identified as a Specially Designated National or placed on any U.S. Government list of prohibited, sanctioned, or restricted parties. If you access or use the Service outside the United States, you are solely responsible for ensuring that your access and use of the Service in such country, territory or jurisdiction does not violate any applicable laws.

By placing an order on the Site, you agree that you are submitting a binding offer to purchase a JAG NFT or other Service. When you buy or sell a JAG NFT on this Site, you agree to pay all applicable fees associated with the transaction and you authorize the Company or its agent to automatically charge and collect such fees from your payment. We will always display a breakdown of any transaction or other fees prior to your purchase or sale of a JAG NFT.

No refunds are permitted except with respect to any statutory warranties or guaranties that cannot be excluded or limited by law.

JAG NFTs:

  • may, where expressly stated in the description of such NFTs, include additional functionality, content, or subscription access to goods, services and/or experiences;
  • may be unique or part of a limited series, or redeemable only once;
  • may include the ability to redeem an electronic certificate for goods, services and experiences, which may be unique or part of a limited series, or redeemable only for a specified number or amount of goods, services and experiences;
  • may be subject to additional terms or qualifications as stated in the description of the NFT; and
  • are subject to applicable laws as in effect from time to time.

With respect to the JAG NFTs, each purchaser of a JAG NFT is granted an exclusive, limited license to such JAG NFT and its content to access, use, or store such JAG NFT and its content solely for their personal, non-commercial purposes. JAG NFTs are a limited-edition digital creation based upon content that may be trademarked and/or copyrighted by Company. Unless otherwise specified, your purchase of a JAG NFT does not give you the right to publicly display, perform, distribute, sell or otherwise reproduce the JAG NFT or its content for any commercial purpose. You further agree that you are not receiving any copyright interest in the JAG NFT or its content, and indeed, you agree that the Company may sell, license, modify, display, broadcast and create derivative works based upon your JAG NFT or its content. Any commercial exploitation of the JAG NFT could subject you to claims of copyright infringement. If you sell or transfer a JAG NFT to another party, you agree that you will not have any claims against us for any breach of these Terms by a purchaser. If you purchase a JAG NFT on the Site, you hereby agree to hold us and the seller of such JAG NFT harmless from and against any and all violations or breaches of these Terms.

If you are unsure whether a contemplated use of the Site Content or a JAG NFT and its content would violate these Terms, please contact us.

  1. Taxes

The Company is not responsible for determining the withholding, sales, use, value added, transfer or other taxes, together with any interest and penalties imposed with respect thereto (“Taxes”), that may apply to transactions on this Site. You agree that you are solely responsible for determining what, if any, Taxes apply to your transactions and to withhold, collect, report and remit the correct amounts of Taxes to the appropriate taxing authorities.

2. Privacy

You acknowledge and agree to the collection, use, and disclosure of your personal information in accordance with our Privacy Policy, which is incorporated into these Terms.

3. Modifications

You agree and understand that we may modify part or all of this Site or the Services without notice, and that we may update these Terms and any other document incorporated by reference therein at any time.

4. Risks

Please note the following risks in accessing, purchasing, selling or using JAG NFTs:

a. The price and liquidity of blockchain assets, including JAG NFTs, are extremely volatile and may be subject to large fluctuations.

b. Fluctuations in the price of other digital assets could materially and adversely affect JAG NFTs, which may also be subject to significant price volatility. Legislative and regulatory changes or actions at the state, federal, or international level may adversely affect the use, transfer, exchange, and value of JAG NFTs.

c. JAG NFTs are not legal tender and are not backed by any government.

d. Transactions in JAG NFTs may be irreversible, and, accordingly, losses due to fraudulent or accidental transactions may not be recoverable. Some transactions in JAG NFTs shall be deemed to be made when recorded on a public ledger, which is not necessarily the date or time that you initiated the transaction.

e. The value of JAG NFTs may be derived from the continued willingness of market participants to exchange fiat currency or digital assets for JAG NFTs, which may result in the potential for permanent and total loss of value of a particular JAG NFT should the market for that JAG NFT disappear.

You agree and understand that you are solely responsible for determining the nature, potential value, suitability, and appropriateness of these risks for yourself, and that we do not give advice or recommendations regarding JAG NFTs, including the suitability and appropriateness of, and investment strategies for, JAG NFTs. You agree and understand that you access and use this Site at your own risk; however, this brief statement does not disclose all of the risks associated with JAG NFTs and other digital assets. You agree and understand that we will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using JAG NFTs, however caused.

5. Disclaimers

EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY THE COMPANY, THE SITE AND ANY SITE CONTENT CONTAINED THEREIN, AND ANY AND ALL JAG NFTS LISTED THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE COMPANY (AND ITS SUPPLIERS AND AFFILIATES) MAKE NO WARRANTY THAT THE SITE WILL (1) MEET YOUR REQUIREMENTS; (2) BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (3) BE ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE.

WE WILL NOT BE LIABLE FOR ANY LOSS OF ANY KIND FROM ANY ACTION TAKEN OR NOT TAKEN IN RELIANCE ON MATERIAL OR INFORMATION CONTAINED ON THE SITE. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT SITE CONTENT IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE.

WHILE WE ATTEMPT TO MAKE YOUR ACCESS TO AND USE OF THE SITE AND SITE CONTENT SAFE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE SITE, SITE CONTENT, ANY JAG NFTS LISTED ON OUR SITE OR OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE CANNOT GUARANTEE THE SECURITY OF ANY DATA THAT YOU DISCLOSE ONLINE. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND WILL NOT HOLD US RESPONSIBLE FOR ANY BREACH OF SECURITY UNLESS IT IS DUE TO OUR GROSS NEGLIGENCE.

WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS AND TAKE NO RESPONSIBILITY FOR, AND WILL NOT BE LIABLE TO YOU FOR, ANY USE OF JAG NFTS INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (A) USER ERROR SUCH AS FORGOTTEN PASSWORDS, INCORRECTLY CONSTRUCTED TRANSACTIONS, OR MISTYPED ADDRESSES; (B) SERVER FAILURE OR DATA LOSS; (C) CORRUPTED WALLET FILES; (D) UNAUTHORIZED ACCESS TO APPLICATIONS; (E) ANY UNAUTHORIZED THIRD PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION THE USE OF VIRUSES, PHISHING, BRUTE FORCING OR OTHER MEANS OF ATTACK AGAINST THE SITE OR JAG NFTS.

JAG NFTS ARE INTANGIBLE DIGITAL ASSETS. THEY EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED IN THE POLYGON NETWORK. ANY TRANSFER OF TITLE THAT MIGHT OCCUR IN ANY UNIQUE DIGITAL ASSET OCCURS ON THE DECENTRALIZED LEDGER WITHIN THE ETHEREUM PLATFORM. WE DO NOT GUARANTEE THAT THE COMPANY OR ANY AFFILIATE OR RELATED PARTY CAN EFFECT THE TRANSFER OF TITLE OR RIGHT IN ANY JAG NFT .

We are not responsible for sustained casualties due to vulnerability or any kind of failure, abnormal behavior of software (e.g., wallet, smart contract), blockchains or any other features of the JAG NFTs. The Company is not responsible for casualties due to late reports by developers or representatives (or no report at all) of any issues with the blockchain supporting JAG NFTs including forks, technical node issues or any other issues having fund losses as a result. Nothing in these Terms shall exclude or limit liability of either party for fraud, death or bodily injury caused by negligence, violation of laws, or any other activity that cannot be limited or excluded by legitimate means.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN CONTRACTS WITH CONSUMERS, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

6. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM THESE TERMS, THE SITE, SITE CONTENT, THE SERVICES OR THIRD PARTY SITES AND PRODUCTS, OR FOR ANY DAMAGES RELATED TO LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE AND EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITE, SITE CONTENT, THE SERVICES OR THIRD PARTY SITES AND PRODUCTS ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA RESULTING THEREFROM.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF THE COMPANY ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT, THE ACCESS TO AND USE OF THE SITE, SITE CONTENT, JAG NFTS, OR ANY SERVICES PURCHASED ON THE SITE EXCEED THE GREATER OF (A) $100 OR (B) THE AMOUNT YOU HAVE PAID TO THE COMPANY FOR THE SERVICES IN THE LAST TWELVE MONTHS OUT OF WHICH LIABILITY AROSE.

7. Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless the Company, and our respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively, the “Company Parties”), from and against all actual or alleged third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys’ fees and expenses) and costs (including, without limitation, court costs, costs of settlement and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of the Site, Site Content, or JAG NFTs, (b) your violation of these Terms, (c) your violation of the rights of a third party, including another user and (d) your failure to pay any Taxes or Sales Taxes in connection with your transactions on this Site or to provide us with a properly executed tax form described in Section 7. You agree to promptly notify us of any third party Claims and cooperate with the Company Parties in defending such Claims. You further agree that the Company Parties shall have control of the defense or settlement of any third party Claims. THIS INDEMNITY IS IN ADDITION TO, AND NOT IN LIEU OF, ANY OTHER INDEMNITIES SET FORTH IN A WRITTEN AGREEMENT BETWEEN YOU AND US.

8. Generally

You also acknowledge and agree that: (a) you have obtained sufficient information to make an informed decision regarding the NFTs; (b) you are solely responsible for determining the nature, potential value, suitability and appropriateness of these risks for yourself; (c) the Company does not represent or warrant that any NFTs, or its supporting systems or technology, are reliable, current or error-free or otherwise meets your requirements, that defects in the NFTs, or their supporting systems or technology, will be corrected, or that the delivery mechanism for NFTs will be free of viruses or other harmful components; and (d) the Company shall not be responsible for any communication failures, disruptions, errors or delays you may experience related to the NFTs.

9. Severability

If any term, clause, or provision of these Terms is held invalid or unenforceable, then that term, clause, or provision shall be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, cause, or provision, or any other terms, clause, or provision of these Terms.

10. Titles

The section titles and headings in these NFT Terms are for convenience only and have no legal or contractual effect.

11. Entire Agreement

These Terms comprise the entire agreement between you and us relating to your access to and use of the Site, Site Content and any JAG NFTs you have purchased, and supersede any and all prior discussions agreements, and understandings of any kind. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.