Terms of Service
Introduction
These Terms of Service (the "Terms") set forth legally binding terms and conditions that govern your access to and use of Gameness marketing website (the "Website"), and the subscription tools and analytics services offered thereon as well as any other media or form related thereto. Additionally, certain content rendered available to you on the Website may require compliance with further terms and conditions to be notified to you by pop-ups, if any.
The Website is owned, operated, and distributed by Nerf IT!, Inc., a company incorporated and validly operating in the United States of America and having the registered address of "30 N Gould St, STE 4000 Sheridan, WY 82801 USA" (hereinafter referred to as "Gameness", "Company", "we", and through similar words such as "us", "our", etc.). Gameness is developing a marketing-focused multi-platform SuperApp to help community-centric brands reduce user acquisition costs and enhance retention through innovative solutions.
For the purpose of this Terms, Gameness and you may individually be referred to as a "Party" and collectively as "Parties".
Agreement and Acknowledge
This Terms are entered into by and between you and Gameness, together with the Privacy Policy and any other documents expressly incorporated by reference, in order to govern your access to and use of the Website and its content.
By accessing and using the Website, you acknowledge that you have read, understood, and agreed to be bound and abide by the provisions set forth in this Terms. In case of not accepting this Terms (or any part thereof), you shall cease your access and/or use of the Website immediately.
We are fully committed to protecting your and others' privacy and security and to addressing their concerns. You may read our Privacy Policy to learn more about how we handle your personal information through our subscription tools and analytics services.
Changes to the Terms
We reserve the right to update and modify these Terms by providing visitors with notice of updates and modifications. It is in your best interests to periodically review the Terms for any updates, changes, or additions that may affect you.
In the event that the provisions in these Terms are updated and there is a provision against you under the current Terms, the updated Terms will be sent to you via email to the email address you provided through our subscription tool, and if you do not accept the updated terms, you will not be able to use the website anymore.
If there is no provision against you in the updated Terms, you will only be informed about the updated Terms via a notification on the website and an update email to be sent to your email address.
These Terms shall also apply, including without limitation to any new functions, features, or tools added to the website.
Definitions
Within the context of herein Terms, following terms shall bear the meanings ascribed to them below:
Website Content
It shall have the meaning as defined in the Article 6 of this Terms.
Device(s)
It shall mean any device capable of accessing the Website with internet connection.
Force Majeure Event
It shall mean floods, earthquakes, or other comparable elements of nature or acts of God, wars, civil disorders, or revolutions in any country affecting the operations of Gameness, or any other event beyond the reasonable control of the non-performing party including without limitation to failures of the internet or any public telecommunication network, denial of service attacks, viruses, or other malicious software attacks, given that the default or delay could not have been avoided or prevented.
Intellectual Property Rights
It shall mean all registered or unregistered, registerable, or un-registrable intellectual property rights in whole or in part, anywhere in the world, and including without limitation copyrights, trade secrets, know-how, business names, trademarks, service marks, and patents.
Third Party Communication(s)
It shall have the meaning as defined in the Article 5 of this Terms.
Third Party Service(s)
It shall have the meaning as defined in Article 11 of this Terms.
Coverage and Usage of the Website
Through the Website, Gameness provides a marketing platform for visitors (depending on the case "Visitor", "you" or "your") to subscribe to our newsletter and receive updates about our services. Visitors of the Website can access and view information about Gameness and its offerings. (hereinafter referred to as the "Service")
The Company collects certain information through cookies, including Google Analytics, to improve website performance and user experience. All such data collection will run at the sole discretion of the Company, and can be activated, modified, or removed at any time by the Company without any notification in advance. The liability of any of the Company's partners pursuant to such data collection will be limited pursuant to this Terms. Details regarding cookie usage and data collection are outlined in our Privacy Policy.
Access to and Use of Website
The Website is accessible through standard web browsers. For optimal viewing experience, we recommend using the latest version of modern web browsers.
You are responsible for providing the necessary equipment (computer, mobile device, etc.) and paying any fees to connect to the Internet to access and use the Website.
Newsletter Subscription
To receive our newsletter and updates, you can subscribe using our simple form on the website.
Simply enter your email address in the subscription field to sign up for our newsletter.
Gameness may, from time to time, modify the subscription process or request additional information (while updating the Privacy Policy accordingly). You will be notified of any such changes through our website.
If you wish to unsubscribe, please email us at info@nerfit.app.
The newsletter subscription is completely free. Our website uses cookies, including Google Analytics, to improve your browsing experience and help us understand how visitors interact with our content. You can learn more about our cookie usage in our Privacy Policy.
Eligibility
The Website is intended for visitors who are eighteen (18) years or older (or any greater age required to reach the age of majority under the applicable law of the state or jurisdiction of such visitor's primary residence), or for visitors who are between the ages of thirteen (13) and eighteen (18) who have their valid parent's or guardian's permission as stated in these Terms.
Access to the Website may be restricted without notice if otherwise
Newsletter Subscription and Cookie Usage
By subscribing to our newsletter on the website, you agree to provide accurate and current contact information. If you provide any information that is untrue, inaccurate, not current, or incomplete, Gameness may, in its sole discretion, suspend or terminate your newsletter subscription.
Our website uses cookies, including Google Analytics, to improve your browsing experience. You can find detailed information about our cookie usage in our Privacy Policy. You can manage your cookie preferences through your browser settings.
If you wish to unsubscribe from our newsletter or update your contact information, you must promptly notify us through the channels specified in these Terms. We may suspend or terminate newsletter subscriptions that violate these Terms, with or without notice.
We encourage you to be cautious when accessing our website from public or shared devices. Gameness cannot and will not be held responsible for any loss or harm caused by your inability to maintain the privacy of your information.
Third-Party Analytics and Cookies
Our website uses certain third-party analytics tools, including Google Analytics, to help us understand how visitors interact with our content and improve the website experience. We use cookies to collect this information in accordance with our Privacy Policy. By using our website, you consent to the use of these analytics tools and cookies. You can manage your cookie preferences through your browser settings at any time.
Website Usage Policy
The Website is designed to provide information about our services and allow newsletter subscriptions. Visitors can browse content and subscribe to receive updates about our offerings.
To subscribe to our newsletter, visitors may need to provide basic contact information such as an email address. We use this information solely for communication purposes in accordance with our Privacy Policy.
If you do not comply with these terms or violate any of the provisions set out in these terms, Gameness reserves the right to terminate your newsletter subscription. Gameness will not be responsible for any consequences resulting from such termination.
We remind you that the Website is intended solely for informational purposes, and any use of the Website other than for personal purposes is strictly prohibited. If unauthorized or improper use is detected, Gameness has the right to (i) terminate the relevant subscription(s), (ii) block access to the Website, and (iii) take appropriate legal action if necessary.
Third-Party Links
The Website may contain links to external websites or services. These links are provided for your convenience and information. Gameness is not responsible for the content, performance, or any other aspects of these external websites. Visitors acknowledge and accept that any links on the Website are provided solely for informational purposes.
Website News & Updates
Our website includes a section dedicated to news and updates about Gameness and the Web3 gaming environment. This section may contain links to third-party websites and services, and Article 11 of these Terms shall apply in such cases. Gameness is not responsible for the accuracy and content of publications made by third parties.
Legal Compliance
You represent and warrant that you will comply with all applicable laws and regulations when accessing and using our website. By using our website, you confirm that you are not subject to any restrictions that would prevent you from accessing our content or subscribing to our newsletter.
Unsubscribing from Our Newsletter
If you have subscribed to our newsletter, you can unsubscribe at any time by emailing us at support@nerfit.app. Please note that we may remove your subscription if we detect no engagement with our communications for 180 days.
Communications and Notification
Legal Communications and Service Announcements
By using the website and providing Gameness with your email address, you consent to receive notifications from Gameness regarding important announcements and other administrative communications. This includes, but is not limited to, this Terms, Privacy Policy, legal disclosures, future changes to this Terms, and other notices.
The only way to opt-out of such messages is to cease using the website and unsubscribe from our newsletter. The communication shall be deemed to be received by you on transmission time, unless we receive notice that such contact information is invalid.
Promotional Communications
We will perform marketing and other advertising activities (i.e., informing you of benefits and features of our website) of Gameness and third-party advertising partners, as more fully set forth in our Privacy Policy, pursuant to your prior explicit consent. Therefore, if you prefer to opt-in to Promotional Communications, you may receive periodic promotions and other materials from Gameness.
Withdrawing Your Consent
If you later decide that you do not want to receive future Promotional Communications electronically, you may later withdraw your consent. You can opt-out of Promotional Communications at any time (i) by following the instructions described in our Privacy Policy; or (ii) following the unsubscribe instructions contained in each message. Your withdrawal of consent shall be effective within a reasonable time (within 3 days at the latest) after we receive your withdrawal notice described above. Your withdrawal of consent will not affect the legal validity or enforceability of this Terms provided to, and electronically signed by, you prior to the effective date of your withdrawal.
Website Content and License Terms
The visual interfaces, graphics, design, photographs, videos, audio, information, data, computer code, materials, and content of the Website, the Website as a whole (collectively, the "Website Content") are protected by copyright, trademark, trade dress, patent, or other intellectual property rights. All Website Contents are owned, controlled, or licensed by Gameness or its subsidiaries and affiliates. Any use of the Website Content without Gameness' express written consent is strictly prohibited. Gameness reserves all rights to the Website Content not granted expressly in these Terms. Any material downloaded or otherwise obtained through the use of the Website is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material.
License to Website Content
The Website Content provided to you is licensed to you and not sold. Gameness (and its licensors, where applicable) own all rights (including but not limited to copyright, trademark, trade dress, patent, and other worldwide intellectual property rights and other applicable laws, rules, or regulations), in and to the Website and we reserve all rights (except as per the limited license here). You have no intellectual property rights in or related to the Website other than the right to use it in accordance with these Terms.
We grant you a limited, revocable, non-exclusive, non-transferable, non-assignable and non-sublicensable license to access and use the Website and contents therein solely as provided under these Terms, and not for redistribution of any kind (the "License"). This License does not include any resale of (i) the Website or contents thereof, (ii) any personal information, (iii) any other content, material, information, text, data, copyright, trademark, logo, design, insignia, image, photo, music, screenshot, video, identifying mark, page, software, and other original works of authorship, and/or intellectual property uploaded to, or incorporated into, the Website which are owned, controlled, or licensed by Gameness.
We retain all rights, titles, and interests in and to the Website, including without limitation, (i) all texts, graphics, typefaces, formatting, graphs, designs, editorial contents, HTML, look and feel software, and data, (ii) all business processes, procedures, methods, and techniques used in the Website, (iii) all other material and content uploaded or incorporated into the Website such as the Website Content, and (iv) all associated trade secrets and other intellectual property and proprietary rights recognized anywhere in the world (collectively, the "Company IP"). The Company IP is protected in all forms, media, and technologies currently known or to be developed hereinafter. The Company owns all Company IP, as well as the coordination, selection, arrangement, and enhancement of such Company IP as a collective work under intellectual property laws of any jurisdiction where the Website is accessed, and all rights on the Website and the Website Content. The Company IP is protected by domestic and international laws regarding copyright, patents, and other proprietary rights.
The Company may revoke the License at any time for any reason or no reason and shall not be liable to any visitor for any purported interference with business or contractual relations, in tort or otherwise.
Violation of the License hereunder or this provision may result in infringement of Intellectual Property Rights and contractual rights of the Company or other third parties, which is prohibited by law and could result in substantial civil and criminal penalties.
Our commercial partners, suppliers, advertisers, sponsors, licensors, contractors and other third parties may also have additional proprietary rights in the Website Content which they make available on our Website. You may not modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any way exploit, any of the Website Content, in whole or in part. When Website Content is downloaded to your computer or any other device, you do not obtain any ownership interest in such Website Content. Modification of the Website Content or use of the Website Content for any other purpose is strictly prohibited unless you receive our prior written consent.
Unless explicitly stated herein, nothing in these Terms may be construed as conferring any license to Intellectual Property Rights, whether by estoppel, implication, or otherwise. You represent and warrant that your use of the Website and Website Content will remain consistent with these Terms and will not infringe or violate the rights of any other party or breach any contract or legal duty against any other party or violate any applicable law. In order to request permission for using the Website Content, you may contact Gameness through the channels dedicated for such use.
All trademarks and service marks, whether registered or unregistered, as well as product names and company names or logos, displayed or mentioned on the Website are the property of their respective owners. Reference to any product, service, process, or other information, by trade name, trademark, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by Gameness.
Website Content and Visitor Submissions
Our website may allow visitors to submit comments through our subscription tool or contact forms ("Visitor Content"). You own all rights, title and interest in and to all of the Visitor Content and are responsible for any content that you submit, including its legality, reliability, integrity, accuracy, quality, and appropriateness. For the avoidance of doubt, Gameness (a Web3 gaming content and information platform) retains the right to allow or not to allow visitors to submit content and determine the scope of such submissions.
In the event of any loss or damage to Visitor Content, the visitor's sole and exclusive remedy shall be for Gameness to use reasonable commercial endeavors to restore the lost or damaged Visitor Content from the latest backup maintained by Gameness. Gameness shall not be responsible for any direct or indirect loss, destruction, alteration or disclosure of Visitor Content caused by any third party.
License to Visitor Content
You own the Visitor Content submitted by you. By submitting content on the website, you grant Gameness the right and license to host, reproduce, process, adapt, translate, access, copy, distribute, store, transmit and reformat the Visitor Content solely as required for the purpose of operating and maintaining our website in compliance with these Terms.
You promise that you have the right to share and use such Visitor Content, and that it and you will comply with the acceptable use policy when doing so. You agree that we may use your Visitor Content for any purpose in connection with the website (including re-posting it and sharing it) without any payment or obligation to you or anyone else. We may remove any potentially infringing Visitor Content without notice.
Visitor Responsibilities
Visitors shall not post, upload or transmit any content that (i) is false, misleading or deceptive; (ii) is defamatory, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm to any person or group; (iv) involve violence or acts that threaten or encourage any person to engage in such violence or acts; (v) encourage illegal and/or harmful activities and materials that are prohibited by the applicable laws.
You hereby acknowledge and agree that Gameness does not actively monitor or police the Visitor Content (and has no obligation to do so) and you hereby disclaim and hold Gameness harmless from and against any and all liability resulting from your interaction with the website or other visitors.
Visitors acknowledge and accept that Gameness is entitled to remove, delete, block or rectify such Visitor Content at its own discretion and to, without prior notice, deny the visitor's access to the website; (i) if any complaint based on such content is received; (ii) if a notice of infringement of intellectual property rights is received; (iii) upon order of a public authority; or (iv) where Gameness is made aware that the Visitor Content, while being accessible via the website, may represent a risk for other visitors, third parties and/or the availability of the website. The removal, deletion, blocking or rectification of Visitor Content shall not entitle visitors that have provided such content or that are liable for it, to any claims for compensation, damages, or reimbursement. Visitors agree to hold Gameness harmless from and against any claim asserted and/or damage suffered due to Visitor Content they provided to or provided through the website.
Website Analytics
Website analytics data includes information collected through cookies and similar technologies about how visitors interact with our website ("Analytics Data"). We use Google Analytics and similar tools to collect this data to improve our website experience and understand visitor behavior.
This data is used only in aggregate form and we ensure visitor privacy by anonymizing the information. We do not sell, rent, or monetize this anonymized data. You can learn more about our cookie usage in our Privacy Policy.
Access to the Website
Saving the exceptions herein, visitors shall have access to the website subject to their compliance with these Terms. Gameness (a Web3 gaming content and information platform) reserves the right to withdraw, amend or otherwise alter the functions of the website, and any material or content we provide through the website, at our sole discretion and without any notice.
Gameness shall make commercially acceptable attempts to guarantee the accessibility of the website during maintenance or updates, except that Gameness shall not be liable for, (i) planned downtime, or (ii) any unavailability precipitated directly or indirectly by conditions beyond Gameness' realistic control including a Force Majeure Event or any violation of these Terms by any visitor.
We may at any time suspend your access to the website and/or remove or disable any content which we reasonably and in good faith believe is in violation of any of these Terms. We will provide you with notice of any such suspension or disablement before its implementation unless such action is necessary to comply with legal process, regulation, order or prevent imminent harm to the website or any third party, in which case we will notify you to the extent allowed by applicable law as soon as reasonably practicable thereafter.
Limitations on Use of the Website (Acceptable Use Policy)
You are solely responsible for your interactions with Gameness or the website. Our goal is to create a positive, useful, and safe visitor experience. To promote this goal, we prohibit certain kinds of conduct that may be harmful and illegal.
While using the website, you shall not:
defame, abuse, harass, stalk, threaten, or otherwise violate legal rights (e.g., rights of privacy and publicity) of Gameness or any other person, or use information learned from the website or website content to defame, abuse, harass, stalk, threaten, intimidate, or mislead, or otherwise violate legal rights of Gameness or any other person;
breach any international, federal, or local legislation, regulation, rule, or ordinance;
contact Gameness to share information that is defamatory, profane, infringing, obscene, unlawful, offensive, and/or harmful, or that advocates, endorses, condones, or promotes racism, bigotry, hatred, or physical harm of any kind against any individual or group of individuals;
use the website other than for its intended purpose and/or for any purpose in violation of applicable local, state, federal, or international law;
interfere with another visitor's use and enjoyment of the website in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other visitors including harm to minors;
attempt to gain unauthorized access to the website;
spam, phish, pharm, pretext, or bot the website for any scandalous, obscene or immoral purpose;
interfere with or circumvent the safety measures of the website;
attempt to reverse engineer, de-compile, hack, disable, interfere with, disassemble, copy, or disrupt the integrity or the performance of the website;
restrict or inhibit any other visitor from accessing and using the website;
use a robot, spider, manual, and/or automatic process, or device to data-mine, data-crawl, scrape, or index the website in any manner;
hack or interfere with the website, its servers, or any connected networks;
adapt, alter, license, sublicense, or translate the website or the website content for your own personal or commercial use;
modify or otherwise make derivative works of the website content, or reproduce, distribute, or display the website content except as expressly permitted under these Terms;
remove or modify, visually or otherwise, any copyright, trademarks, or other proprietary marks and rights owned, controlled or licensed by Gameness (a Web3 gaming content and information platform) or a third-party;
use the website in a manner that is false or misleading (directly or by omission or failure to update information) or for the purpose of accessing or otherwise obtaining Gameness' trade secrets for public disclosure or other purposes;
use, transfer, distribute, or dispose of the website or the website content in any manner that could compete with the business of Gameness; or
advocate, encourage, or assist any third party to engage in the foregoing restricted activities listed above.
Any use of the website or the website content by violating the principles listed above without the prior written permission of Gameness is strictly prohibited and will terminate these Terms, the License, and your access to the website automatically.
You are required to inform Gameness immediately in case anyone makes or threatens to make a legal claim against you relating to your use of the website. If we request, you shall confirm such claim in writing and cease to access or use the website. In such case, we reserve the right to forward details to the appropriate regulatory authorities, as well as the courts if we are asked to do so. In this case, the disclosure of information as described in the Privacy Policy will not be considered a breach of privacy and data protection obligations of Gameness.
Third-Party Content
The website may include embedded third-party content or links (such as hyperlinks) to third party sites, resources, or content that are not owned or controlled by Gameness (a Web3 gaming content and information platform) (collectively, "Third-Party Content").
When you access Third-Party Content, you do so at your own risk and judgement. Third-Party Content is not under our control, and you acknowledge that Gameness is not responsible or liable for the content, function, accuracy, legality, appropriateness, or any other aspect of Third-Party Content. If you believe any Third-Party Content violates applicable law or may be inappropriate, please notify Gameness. The inclusion of any Third-Party Content does not imply any association between Gameness and their operators.
By using the website, you expressly relieve and hold Gameness harmless from any and all liability arising from your use of any Third-Party Content, including any loss or damage incurred as a result of any dealing between you and any third parties, or as a result of the presence of such Third-Party Content on the website.
When accessing Third-Party Content, you agree that you are responsible for the following: (i) taking necessary measures to protect you and your computer systems from viruses, worms, trojans, malicious code, and other harmful effects; (ii) avoiding any material that is sexually explicit, immoral, offensive or otherwise objectionable or unlawful; (iii) respecting third parties' confidentiality and proprietary rights; (iv) any financial costs or other liabilities arising from your actions; (v) reading and understanding terms of use and privacy policies applicable to Third-Party Content.
Data Protection and Privacy
Gameness (a Web3 gaming content and information platform) hereby represents and warrants compliance with relevant legislations, rules, regulations, directives, and guidelines (jointly, the "Rules") regarding visitor privacy and data protection.
The Rules include without limitation (i) United States federal and relevant state laws with regards to data collection and data privacy including if applicable, California Customer Privacy Act ("CCPA"); and (ii) if applicable, the Data Protection Directive and the General Data Protection Regulation ("GDPR") brought by the European Union, or any other Rules of another jurisdiction issued by the relevant data protection authorities, and any amendments thereof.
Our website uses cookies and similar technologies to collect anonymous analytics data through Google Analytics to improve visitor experience. We do not collect or store any sensitive personal information. For more details about cookie usage, please refer to our Privacy Policy.
Our Services are not intended to hold any Sensitive Information. You represent and warrant that you will not use our Site and related Services to transmit, upload, collect, manage, or otherwise process any Sensitive Information. WE WILL NOT BE LIABLE FOR ANY DAMAGES THAT MAY RESULT FROM YOUR USE OF OUR SITE AND SERVICES IN TRANSMITTING, COLLECTING, MANAGING, OR PROCESSING ANY SENSITIVE INFORMATION.
Publicly Available Content
Any content displayed on our website is for informational purposes only.
Private Content
Any information collected through our subscription service will be handled according to our Privacy Policy and will not be shared with third parties without explicit consent pursuant to the Rules.
Feedback
If you provide Gameness any feedback or suggestions ("Feedback"), Gameness will treat any Feedback as non-confidential and non-proprietary. Gameness will be free to use such Feedback on an unrestricted basis, without any compensation to you or any third party.
Representations and Warranties
Mutual Representations and Warranties
Each Party hereby represents and warrants to the other Party that, (i) such Party has the necessary power and authority to be bound by this Terms; (ii) compliance with this Terms and fulfillment of the obligations hereunder do not and will not, to the best of each Party's knowledge, violate any other agreement to which it is a party; (iii) no other restriction, limitation or contractual or statutory obligation exists preventing a party from fulfilling its obligations hereunder; and (iv) this Terms constitute a legal, valid and binding obligation when agreed upon by both parties.
Our Representations and Warranties
We hereby represent and warrant that, (i) we will have all necessary rights, licenses, know-how, expertise, and experience needed to operate the website; (ii) are the sole proprietor of the website and the Company IP (to the extent permitted in this Terms) on the website and have all legal rights, licenses, and authority to provide you with the website as stipulated herein; (iii) the website shall comply with all relevant legislations and regulations when used by you in accordance with this Terms; (iv) to our knowledge, the website does not contain any malicious code or viruses; and (v) we have and will maintain and apply our own industry-standard company policies.
Your Representations and Warranties
You represent and warrant that (i) all information you submit through the website or share with Gameness (a gaming content and information platform) is true, accurate, current, and complete, (ii) you are the sole owner of all rights, titles, and interests in, or have obtained all necessary rights and licenses from the applicable owner of, any information you submit, and (iii) such information, when used for the purposes in which it is submitted onto Gameness, does not infringe the rights of any third party, including without limitation, Intellectual Property Rights, proprietary rights and rights of publicity/privacy. You will be solely responsible for all information that you submit on or through the website or share with Gameness and will use the website solely for the permitted purposes as defined by this Terms and shall not interfere with the integrity or performance of the website as articulated by the section of Limitations on Use of the Website.
Disclaimer of Warranties
Except as expressly set forth herein, Gameness does not warrant, or make any representation (expressly or impliedly) regarding (i) the results obtained from using the website content will be wholly accurate, entirely reliable, complete or truthful, or (ii) the quality of any information or other material obtained through the website will meet visitor expectations or fit for a particular purpose, and (iii) the website will be provided on an uninterrupted, secure or error-free basis. The website (and any part thereof), including without limitation any content, data, and any information related thereto, are provided strictly on an "as is" and "as available" basis, without any warranties or conditions of any kind, either express, implied, or statutory. Gameness makes no representation concerning the benefits or outcomes obtained from the website by the visitor or any third party.
Prohibition of Disclaimer of Implied Warranties
Some jurisdictions may not allow exclusion and limitation of certain implied warranties. The above exclusions may not apply to visitors falling within the scope of such jurisdiction's competence. This Terms give visitors specific legal rights, and visitors may also have other rights which vary from jurisdiction to jurisdiction. The disclaimers and exclusions under this Terms shall not apply to the extent prohibited by applicable laws.
Limitation of Liability
If Gameness' (a Web3 gaming content and information platform) performance of its obligations under this Terms is prevented or delayed by any act or omission of visitor or any Third Party, Gameness shall not be deemed in breach of its obligations under this Terms.
In no event will Gameness, its developers, affiliates or their licensors, service providers, employees, agents, officers or directors be liable for defects or damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use the website and any content on the website or such other websites including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
TO THE EXTENT PERMITTED BY LAW GAMENESS IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY VISITOR. IF YOU ARE DISSATISFIED WITH THE WEBSITE OR ANY MATERIALS ON THE WEBSITE, OR WITH ANY OF THIS TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.
UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY THIRD-PARTY SERVICES, INCLUDING THE FAILURE OF ANY SUCH THIRD-PARTY SERVICES, OR ACTIVITIES OF THIRD PARTIES, OR ANY CONNECTION TO OR TRANSMISSION FROM THE INTERNET.
None of the information, figures, videos and similar content on the website constitute an offer, advice, direction or similar thing regarding investment. The visitor accepts that Gameness does not make any commitments and Gameness is not liable for them.
Some of the features may appear with the phrase “Coming Soon” within the Gameness Site. However, Gameness is under no obligation to add any of the features it offers with the phrase “Coming Soon”. Users accept and declare that the practice of providing information about the Services to be offered with the phrase "Coming Soon" is not a commitment or similar legal will.
This Limitation of Liability section shall apply to the fullest extent permitted by law in the applicable jurisdiction whether the alleged liability is based on contract, tort, negligence, strict liability, or whatsoever, even if Gameness has been advised of the possibility of such damage.
Prohibition of Limitation of Liability
Some jurisdictions do not allow exclusion or limitation of incidental or consequential damages; therefore, above limitations or exclusions may not apply to visitor falling within the scope of such jurisdictions' competence. This Terms give visitor specific legal rights, and visitor may also have other rights which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under the Terms shall not apply to the extent prohibited by applicable law.
Indemnification
Our Indemnification Obligations
We agree to defend you against any claim, suit or proceeding brought by third parties (the "Claim(s)") arising from or relating to our violation of a third party's Intellectual Property Rights directly arising out of your use of the website in accordance with these Terms and will indemnify and hold you harmless against any damages and costs awarded against you or agreed in settlement by Gameness (a Web3 gaming content and information platform) (including reasonable attorneys' fees) resulting from such Claim. Gameness shall have no indemnification obligation with respect to any Claims arising out of or related to (i) content submitted by visitors, (ii) your violation of any applicable laws, (iii) your violation, whether alleged or actual, of any third party rights, including but not limited to data protection and privacy rights; (iv) your violation of these Terms; (v) your negligence, willful misconduct, or fraud.
Your Indemnification Obligations
You agree to defend, indemnify, and hold harmless Gameness and its affiliates, co-branders, partners, shareholders, employees, agents, representatives, and/or independent contractors ("Gameness Affiliates"), to the maximum extent permitted, from and against all costs, damages, demands, Claims, and losses, including legal expenses resulting from any claim by third parties that (i) visitor's use of the website or website content infringes any rights of third parties, including without limitation, breach or violation of the Intellectual Property Rights or privacy rights of such third parties; (ii) the information shared with Gameness through the website or via other channels dedicated for such use is obscene, defamatory, illegal, unethical, or promotes illegal conduct; (iii) the visitor has not obtained and/or failed to obtain any necessary permit, license or consent in accordance with these Terms; and (iv) the visitor breaches (de facto or presumably) any of its representations, warranties, and/or responsibilities under these Terms.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for damages. Accordingly, some of the above indemnities, limitations and disclaimers may not apply to you. To the extent we may not, as a matter of applicable law, disclaim any warranty or limit our liability, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such law.
Unlawful Activity and Termination of Access to the Website
Gameness (a gaming content and information platform) reserves the right to investigate complaints or reported violations of this Terms and to take any action it deems appropriate, including without limitation, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to visitors' usage history, IP addresses, and traffic information as explained in our Privacy Policy.
Gameness may terminate this Terms immediately in its sole discretion and without any prior notice or liability against you, or suspend or terminate your access to the website at any time for any reason and under any conditions, including without limitation, if it is reasonably believed in good faith that you have violated or acted inconsistently with this Terms or any applicable law or that you have engaged in conduct that we determine to be inappropriate or unacceptable.
Gameness may terminate your access to the website, or remove and discard any information accessed through the website without prior notice and for (i) any violation of the terms and conditions of this Terms or the rules and regulations relating to the use of the website, (ii) tampering with or alteration of any of the content contained in, or accessed through, the website.
In above given case, you hereby disclaim and hold Gameness harmless from and against any and all liability resulting from such termination or suspension and accept not to hold Gameness responsible for any claims for compensation, damage, or reimbursement in this regard.
Termination by Visitor
You may terminate this Terms at any time by ceasing to access or use the website. However, sections of this Terms which by their nature should survive the expiration or termination will remain in full force and effect subsequent to and notwithstanding the expiration or termination of this Terms, as stipulated in the section of "Following Termination".
Following Termination
Upon expiry or termination of this Terms for any reason, all access rights to the website shall be terminated instantly.
The clauses "Definitions", "Disclaimer and Warranties", "Limitation of Liability", "Indemnification", "Unlawful Activity and Termination of Access to the Website", "Following Termination", "Governing Law", "Severability" and "Miscellaneous Provisions", shall survive expiry or termination of this Terms and all commitments of both parties under this Terms shall cease to be fulfilled.
Severability
If any part of these Terms is found to be unlawful, void, or otherwise unenforceable for our website (a Web3 gaming content and information platform) and its subscription services or analytics tools, such unlawfulness, invalidity or unenforceability shall extend to such clause only. The unlawfulness, invalidity, or unenforceability of such a clause shall in no way influence or render any other part of these Terms unlawful, void, or otherwise unenforceable, and generally, shall be reformed, construed, and implemented in such a way that reflects intent of the Parties as conveyed in these Terms with its nearest lawful effect.
In any jurisdiction, the fact that any provision of these Terms is held to be unlawful, void, or otherwise unenforceable, shall have no effect on the legality, validity, or enforceability of such provision in other jurisdictions.
Miscellaneous Provisions
Headings
The headings used in this Terms are for reference reasons only and do not influence understanding and interpretation of this Terms.
Waiver
Gameness' failure to assert any right or provision under this Terms shall not constitute a waiver of any such or other right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.
Website Availability
In order to ensure the utmost possible service level, Gameness (a Web3 gaming content and information platform) reserves the right to interrupt the website for maintenance, system updates or any other changes, while informing the visitors appropriately.
We will not be liable for any reason if all or any part of the website is unavailable at any time or for any period. From time to time, we may restrict access to some or all parts of the website.
Additionally, the website might not be available due to reasons outside Gameness' reasonable control, such as "Force Majeure".
Remedies Not Exclusive
Except as expressly stated herein, no remedy is designed to be excluded from any other remedy that is not available under this Terms or in law or in equity.
Non-Exclusivity
This Terms are not exclusive.
No Strict Construction
Where an ambiguity or issue occurs with regards to any clause of this Terms, the Terms shall be construed as if collectively approved by the Parties and no presumption or burden of proof shall occur to favor or disadvantage of either Party by virtue of the authorship on this Terms.
Assignment
Without prior written approval of Gameness, this Terms or any rights or obligations conferred thereunder may not be transferred and delegated by the visitors. Any attempt to grant, without such approval, any rights or responsibilities arising from this Terms shall be null and void ab initio.
Gameness reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under this Terms, by taking the visitors' legitimate interests into account. Provisions regarding change of this Terms shall apply accordingly.
Transferring Rights
You may not transfer your subscription or access rights to someone else, whether for money, for anything else or for free. You may only transfer your rights or obligations under this Terms to another person if we agree in writing.
Gameness may transfer its rights and obligations under this Terms to another organization. We will always tell you in writing if this happens.
Entire Agreement
This Terms constitute the entire agreement between the parties on the subject matter of the Terms and supersede any and all prior written or oral agreements and/or communications relating to the subject matter thereunder.
Force Majeure
None of the parties shall be responsible for any error or delay in fulfilling any of their corresponding obligations arising from this Terms, if a Force Majeure Event prevents them from doing so.
Interpretation
Unless the context requires otherwise, (i) the singular includes the plural and vice versa; (ii) if any act which shall be performed in accordance with this Terms is to be done on a day that is not a business day then the act must be performed on or before the next business day; (iii) a reference to any legislation or law includes all amendments, consolidations or other provisions thereof, (iv) a reference to a natural person shall mean including without limitation a partnership, joint venture, association, government or legal body or legal entity and vice versa shall be interpreted herein.
Language
Our Terms are written in English. Any translated version is provided solely for your convenience. To the extent any translated version of our Terms conflicts with the English version, the English version prevails.
Independent Legal Advice
Visitor recognizes and accepts that it has had the chance to read this Terms, agrees with its provisions, and has been given a chance to seek independent legal advice on the Terms' provisions before acknowledging them.
Governing Law
This Terms are governed by, and shall be construed and enforced in accordance with, the laws of the State of Delaware, without giving effect to any conflict of laws rules.
Any legal suit, action or proceeding arising out of or relating to this Terms shall be instituted in a court of competent jurisdiction located in the State of Delaware, the United States of America.
The visitor and Gameness irrevocably submit to the exclusive jurisdiction of such courts in any such suit, action or proceeding. The visitor hereby waives any objection based on forum non convenient and waives any objection to venue of any action instituted hereunder. Except as may be required by law or to enforce an order or award, the visitor or any of his or her representatives may disclose the existence, content, or results of any negotiation or litigation proceeding without the prior written consent of Gameness.
Contacting Us and Support
Disputes
If a dispute arises between you and Gameness (a Web3 gaming content and information platform), we encourage you to first contact us directly to seek a resolution using the contact details below.
Contacting
You may contact us and share your questions, complaints and/or concerns about the website through support@nerfit.app.
Last updated