Introduction
Play to win Studios B.V. ("Play to Win Studios," "we," "us," or "our") is a Dutch private company with limited liability, with its address at Verdunplein 17, 5627SZ Eindhoven, the Netherlands, registered with the trade register of the chamber of commerce under number 84769343 (the Company).
We provide a variety of products and services, including mobile and desktop games, a website, blockchain products, and services, and more (“the Services”, “ products and services”). By using our products and services, you agree to be bound by these terms and conditions ("Terms"), as well as our Privacy Policy, Cookie Policy, and any other policies or agreements referenced herein.
General
a. Governing Law: These Terms shall be governed by and construed in accordance with the laws of the Netherlands, without giving effect to any principles of conflicts of law.
b. Dispute Resolution: Any disputes arising out of or in connection with these Terms shall be resolved through arbitration in accordance with the rules of the Netherlands Arbitration Institute.
c. Modification: We reserve the right to modify or update these Terms at any time without notice. Your continued use of our products and services after any such modifications or updates constitutes your acceptance of the revised Terms.
d. Entire Agreement: These Terms constitute the entire agreement between you and us and supersede all prior agreements and understandings, whether written or oral, relating to the subject matter herein.
Use of our Products and Services
a. Eligibility: You must be at least 18 years of age to use our products and services, or have the legal consent of a parent or guardian.
b. License: We grant you a limited, non-exclusive, non-transferable, revocable license to use our products and services for your personal, non-commercial use.
c. Restrictions: You agree not to (i) modify, distribute, or create derivative works based on our products and services, (ii) use our products and services for any unlawful purpose, (iii) engage in any activity that could damage or interfere with our products and services, (iv) attempt to gain unauthorized access to our products and services, or (v) use any automated system, including bots and scrapers, to access our products and services.
d. Account: You may need to create an account to use certain features of our products and services. You agree to provide accurate and complete information when creating your account, and to keep your account information up-to-date. You are responsible for maintaining the confidentiality of your account credentials and for any activity that occurs under your account.
User Content
a. User Content: Our products and services may allow you to create, upload, or submit content, including but not limited to text, images, videos, and audio ("User Content"). You retain all ownership and intellectual property rights in your User Content, but by uploading or submitting User Content, you grant us a non-exclusive, royalty-free, worldwide, perpetual, irrevocable, and sub-licensable right to use, modify, reproduce, distribute, and display your User Content in connection with our products and services.
b. Responsibility: You are solely responsible for your User Content, and agree not to upload, submit, or post any User Content that (i) infringes on any third-party rights, including but not limited to intellectual property and privacy rights, (ii) is unlawful, obscene, defamatory, or otherwise objectionable, (iii) contains viruses or other harmful components, or (iv) violates any applicable laws or regulations.
c. Removal: We reserve the right to remove any User Content at any time without notice, and to terminate or suspend your account for any violation of these Terms or any applicable laws or regulations.
Intellectual Property
a. Ownership: All content and materials provided by us, including but not limited to our products and services, website, text, graphics, logos, images, software, and trademarks, are owned by or licensed to us and are protected by intellectual property laws.
b. Limited License: We grant you a limited, non-exclusive, non-transferable, revocable license to access and use our products and services for your personal, non-commercial use. You agree not to modify, reproduce, distribute, or create derivative works based on our content and materials, except as expressly authorized by us.
c. User Content: You acknowledge and agree that User Content is owned by the user who created it, and that we do not claim any ownership or intellectual property rights in User Content.
d. DMCA: We respect the intellectual property rights of others and expect our users to do the same. If you believe that any content on our products and services infringes your copyright, you may submit a notice to us in accordance with the Digital Millennium Copyright Act ("DMCA").
Disclaimers and Limitations of Liability
a. No Warranty: Our products and services are provided "as is" and without warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
b. Limitation of Liability: We shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of or in connection with the use of our products and services.
c. Indemnification: You agree to indemnify, defend, and hold us harmless from and against any and all claims, damages, liabilities, costs, and expenses, including but not limited to attorneys' fees, arising out of or in connection with your use of our products and services or your breach of these Terms.
Fungible Tokens and NFTs
a. GLOVE: Our products and services may involve the use of a fungible token called GLOVE, which can be used to access certain features of our products and services, as well as participate in our in-game economy. You acknowledge and agree that GLOVE is not a currency, security, or investment, and is intended solely for use within our products and services. GLOVE has no intrinsic value and is not redeemable for any other asset or currency. We reserve the right to modify or discontinue the Token at any time without notice.
b. NFTs: Our products and services may also involve the use of non-fungible tokens (NFTs). You acknowledge and agree that ownership of an NFT does not confer any ownership or intellectual property rights in the underlying content or materials associated with the NFT.
c. Risks: You acknowledge and understand that the use of GLOVE and NFTs involves various risks, including but not limited to market volatility, technological failure, and regulatory changes. You agree to assume all such risks associated with the use of GLOVE and NFTs.
d. Purchase and Sale: You may purchase Tokens and NFTs using accepted payment methods, subject to availability and any applicable terms and conditions. We reserve the right to refuse or cancel any purchase at any time. You are not allowed to purchase our tokens or NFTs if you are a citizen, tax resident or green card holder of the United States of America, Singapore, South Korea, or China. By purchasing a token or NFT, you confirm that you are not a citizen, tax resident or green card holder of any of these states.
e. Restrictions: You agree not to (i) use Tokens or NFTs for any unlawful purpose, (ii) engage in any fraudulent activity related to Tokens or NFTs, or (iii) transfer or sell Tokens or NFTs outside of our products and services.
f. Disclaimer: We make no representations or warranties regarding the value, usability, or appropriateness of GLOVE or NFTs for any particular purpose, and we shall not be liable for any damages arising out of or in connection with the use of GLOVE or NFTs.
User Conduct
a. Prohibited Activities: You agree not to use our products and services for any unlawful or unauthorized purpose, including but not limited to:
i. Violating any applicable laws or regulations;
ii. Impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with a person or entity;
iii. Interfering with or disrupting our products and services or servers or networks connected to our products and services;
iv. Engaging in any conduct that could damage, disable, overburden, or impair our products and services;
v. Attempting to gain unauthorized access to our products and services, other user accounts, or other systems or networks connected to our products and services;
vi. Using our products and services to transmit any viruses, worms, or other malicious code; or
vii. Harassing, abusing, insulting, or otherwise harming any person.
b. Compliance: You agree to comply with all applicable laws and regulations, including but not limited to those related to privacy, data protection, and intellectual property.
Termination
a. Termination by Us: We may, in our sole discretion, terminate or suspend your access to our products and services at any time and without notice, including but not limited to for a breach of these Terms or for any other reason.
b. Termination by You: You may terminate these Terms at any time by discontinuing your use of our products and services.
c. Effect of Termination: Upon termination of these Terms, your license to use our products and services shall immediately terminate, and you shall immediately cease all use of our products and services.
Disclaimer of Warranties
a. Our products and services are provided on an "as is" and "as available" basis, without any warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.
b. We do not warrant that our products and services will meet your requirements, be uninterrupted, timely, secure, or error-free, or that any defects will be corrected.
c. We make no representations or warranties regarding the accuracy or reliability of any information obtained through our products and services, or regarding any transactions entered into through our products and services.
d. You acknowledge and agree that any reliance on our products and services is at your own risk, and that we shall not be liable for any damages arising out of or in connection with the use of our products and services.
Limitation of Liability:
a. To the fullest extent permitted by applicable law, in no event shall we be liable for any indirect, incidental, special, punitive, or consequential damages arising out of or in connection with the use of our products and services, whether based on contract, tort, strict liability, or other legal theory, even if we have been advised of the possibility of such damages.
b. Our total liability to you for any damages arising out of or in connection with the use of our products and services shall not exceed the amount paid by you, if any, for access to our products and services.
Indemnification
You agree to indemnify, defend, and hold harmless Play to Win Studios B.V., its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, damages, losses, liabilities, and expenses arising out of or in connection with your use of our products and services, including but not limited to any breach by you of these Terms.
Governing Law and Jurisdiction:
These Terms and any dispute arising out of or in connection with these Terms shall be governed by and construed in accordance with the laws of the Netherlands. Any dispute arising out of or in connection with these Terms shall be submitted to the exclusive jurisdiction of the courts of Amsterdam, the Netherlands.
Entire Agreement:
These Terms constitute the entire agreement between you and Play to Win Studios B.V. regarding the use of our products and services, and supersede all prior or contemporaneous agreements or understandings, whether written or oral, regarding such use.
Amendments:
We may amend these Terms at any time by posting the amended Terms on our website. Your continued use of our products and services following the posting of any amendments to these Terms constitutes your acceptance of those amendments. If you do not agree with the amended Terms, your sole remedy is to discontinue your use of our products and services.
End of Terms and Conditions. If you have any questions or concerns, please contact us at support@stumbleuponrumble.com.