PiratePets - Terms of Service

PiratePets is a Web3 Mobile App with a new and most complete M2E gaming experience, launched by Digital Point Limited (Company).

Users of the App have the opportunity to make their daily gaming activities monetized. Treasure chests located on a map synchronized with the real world contain the in-game cryptocurrency that the player collects daily. (by walking, running, cycling, or by any means of transportation the speed of which does not exceed 20 km/h)

Access to, and use of, the App and the services available through the App (Services) are subject to the following terms, conditions, and notices (Terms of Service). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Use.

Amendments to Terms of Service

The Company reserves the right to amend these Terms of Service from time to time. Amendments will be effective immediately upon notification on the App or through the Services. Your continued use of the App and the Services following such notification will represent an agreement by you to be bound by the Terms of Service as amended.

Eligibility

You must be 18 years of age or over, or the age of legal majority in your jurisdiction of residence, to access the App, website, and Services. If you are under the age of 18 or the applicable legal age in your jurisdiction, you can use the App and Service only in conjunction with, and under the supervision of, your parent or guardian who has agreed to these Terms of Service on your behalf.

The App and the Services are offered only for your personal, non-commercial use. When interacting with the App or the Services, you should move with caution and common sense to protect your personal safety and health. You agree that the Company is not responsible or liable for any loss, damage, injury, or other matters of any sort incurred as the result of interacting with the App or the Services.

By using the App or the Services you represent and warrant that your access to and use of the App and Services is lawful in your country of residence in the manner in which you access and use them

Account

In order to use certain Service, you will have to provide a unique email address. We may refuse to grant you, and you may not use, an email that is already being used by someone else, that impersonates another person, that belongs to another person (without that person’s prior consent), that violates the intellectual property or other rights of any person, that is vulgar or otherwise offensive, or that we reject for any other reason, at our sole discretion.

You agree to:

· provide true, accurate, current, and complete information as prompted by the registration form;

· maintain and update such information to keep it true, accurate, current, and complete at all times.

We reserve the right to suspend or terminate your registration, without warning, if you are found to have misrepresented any registration information. You agree to immediately notify us of any unauthorized use of your password or account, or any other breach of security. You will be solely responsible for safeguarding your password and also for any actions under your account, whether authorized by you or not. We cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

Disclaimer Of Warranties And Limitation Of Liability

Access to the App is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason the App is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of the App.

We may from time to time change the rate at which users accumulate tokens using the App. We may reverse benefits allocated to you if we reasonably consider the circumstances justify a reversal, for example, if they are allocated to you by mistake or if you accumulated them by misusing the App or the Services or in a way that is fraudulent, dishonest, or otherwise unacceptable.

You are responsible for ensuring your security of access to any digital wallet used by you in connection with the App or the Services.

We make no representation and give no warranty that tokens accumulated through the App or the Services will have any particular value or any monetary value at all. You are liable for any loss or diminution value of tokens.

You agree that your use of the App, website, and the service shall be at your sole risk

We make no warranties or representations about the accuracy or completeness of the service and assume no liability or responsibility for any:

· Errors, mistakes, or inaccuracies of content.

· Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our service.

· Unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein.

· Interruption or cessation of transmission to or from our service, and/or any computer bugs, viruses, or similar mechanisms which may be transmitted to or through our service by any third party.

We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the site or any hyperlinked service or featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

You understand and agree that your use of the App, Website, and Services is at your own discretion and risk and that you will be solely responsible for any damages that arise from such use including, without limitation, for loss of data and or any type of malfunction to your computer

If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Use will not be affected and all other clauses remain in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause must be interpreted accordingly. Alternatively, you agree that the clause must be rectified and interpreted in such a way that closely resembles the original meaning of the clause/sub-clause as is permitted by law.

The Company will not be in breach of these Terms of Service as a result of, or liable for, any failure or delay in the performance of the Company’s obligations under these Terms of Use to the extent that such failure or delay is wholly or partially caused, directly or indirectly, by any event outside the Company’s reasonable control or any act or omission of you or any third party.

Privacy policy

Acceptance of these Terms of Service constitutes acceptance of our Privacy Policy, which can be found here: https://www.piratepets.io/privacy-policy. If you do not agree to the Privacy Policy or these Terms, please discontinue using the Site and the Service.

Purchase

The Company may offer certain products and Services for purchase through the Apple App Store, Google Play, or other external services as authorized by the Company (each an External Service, and any purchases made being an External Service Purchase).

When making a purchase on the Service or NFTs, you have the option to pay through cryptocurrency.

All purchases are final and non-refundable, except if laws applicable in your jurisdiction provide for refunds.

User representations and warranties

In becoming a user of the App and the Services, you represent and warrant that all of the following statements are true:

· You have never lost your balance because of dizziness and you have never lost consciousness.

· You do not have a bone or joint problem that could be made worse by a change in your physical activity.

· You have never lost your balance because of dizziness and you have never lost consciousness.

· You have never lost your balance because of dizziness and you have never lost consciousness.

· You do not know of any other reason you should not move physically.

Prohibitions

You must not misuse this App or the Services. This means that you must not (among other things):

· commit or encourage a criminal offense;

· transmit or distribute a virus, Trojan, worm, logic bomb, or any other material which is malicious, technologically harmful, in breach of confidence, or in any way offensive or obscene;

· hack into any aspect of the App or the Services, corrupt data, or cause annoyance to other users;

· infringe upon the rights of any other person's proprietary rights;

· send any unsolicited advertising or promotional material, commonly referred to as “spam”;

· attempt to affect the performance or functionality of any computer facilities of or accessed through this App or the Services;

· use an emulator or similar third-party software to cheat in accumulating benefits or gain an advantage;

· make false, inaccurate, misleading, or deceptive representations;

· engage in fraudulent conduct or abuse, misuse or attempt to abuse or misuse the App or the Services;

· submit any content that contravenes any laws;

· infringe on the rights of any person who has a copyright, patent, trademark, or any other form of intellectual property right, confidentiality, or privacy;

· contravene any applicable state, federal, or international law or regulation;

· engage in defamatory or libelous conduct towards any other person;

· threaten or harass any other person;

· publish or engage in obscene material that in the Company’s sole discretion, is in any way inappropriate or unsuitable for the platform;

· publish or participate in publishing any malicious code, script, or data that may cause harm, damage, or interfere with or modify the App or the Services without the express prior written consent from the Company;

· engage in conduct deemed contrary to the spirit of the App or the Services as determined by the Company in its sole discretion.

You agree that except as these Terms of Service expressly provide otherwise, we do not need to notify you in advance or give you any reasons for any action we may take in connection with your misuse of the App or the Services, including suspending or canceling your access to the App and the Services.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of this App or to your downloading of any material posted on it, or on any Linked Sites.

We are not liable for any loss of tokens or assets incurred as a result of the suspension or cancellation of your access to the App and the Services.

The Company retains the right in its absolute discretion at any time and without notice to amend, remove or vary the Services or any part of the App.

Our content, Intellectual property, and software

The intellectual property rights in all software and content (including images) made available to you on or through the App or the Services remain the property of the Company or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by the Company and its licensors. You may store, print, and, display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on the App or through the Services nor may you use any such content in connection with any business or commercial enterprise. You must not use the Company’s trademarks including names and logos) in any circumstances (including by linking on websites or social media) without the Company’s prior written consent.

You grant to the Company a non-exclusive, irrevocable, global license (including the right to sublicense to third parties) to exercise the intellectual property rights in any content you submit through the App or the Services for any purpose.

Indemnification

To the maximum extent permitted by law, you are liable for and must indemnify, defend and hold harmless the Company, its directors, officers, employees, consultants, agents, and affiliates, from any and all liability, loss, damages, costs, or third party claims (including, but not limited to, legal fees on an indemnity basis), however, caused, in connection with:

· your use of the App or the Services;

· any user content submitted by you or on your behalf;

· any breach of these Terms of Use by you;

· any alleged or actual infringement of a third party’s intellectual property rights or another right in connection with your use of the App or the Services;

· any unlawful or negligent act of you or anyone acting on your behalf.

Each indemnity contained in these Terms of Service is a continuing obligation notwithstanding any settlement of account or the occurrence of any other thing, and it is not necessary for the Company to incur expense or make payment before enforcing or making a claim under an indemnity.

Termination

We reserve the right to terminate or restrict your use of the Service, without notice, for any or no reason whatsoever. In addition, we will immediately terminate your access to the App, website and Service if you are determined to be a repeat infringer of others’ intellectual property rights and/or engage in other activity in violation of these Terms

Assignment

You must not assign, in whole or in part, or novate your rights and obligations under these Terms of Service without the prior written consent of the Company. The Company may assign its interest under these Terms of Service.

A right under these Terms of Service may only be waived in writing signed by the party granting the waiver and is effective only to the extent specifically set out in the waiver.

We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.