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Terms of Service

Effective: January 14th, 2021

Last Updated: July 26th, 2022


This website and any mobile application (collectively, this "Site") is owned by [Playdapp Limited] (“PlayDapp Marketplace“Marketplace” "We", "Us" or "[PlayDapp]"). We are providing you with access to this Site and our online store (together, our "Services") subject to the following terms and conditions.

Our service also allows you to sell and purchase Crypto Assets (defined below). Sales and purchases are accessible by linking a digital wallet, with supported extensions such as MetaMask and Portis. MetaMask and Portis have their own Terms of Service, with which you should make yourself aware, Crypto Assets are defined as, but not limited to, unique non-fungible tokens, implemented on the Polygon blockchain, via smart contracts.

All Transactions on our service are handled by third-party electronic wallet extensions. Each of these have their own Terms of Service of which you should familiarize yourself. You can find them at the links below


MetaMask: https://consensys.net/terms-of-use
Portis: https://assets.portis.io/legal-documents/terms-of-service.pdf
Coinbase: https://www.coinbase.com/legal/user_agreement/kenya
WalletConnect: https://explorer.walletconnect.com/terms

PlayDapp Marketplace is a platform. We do not act as a Broker, Financial Institution or Creditor. The service provided is administrative, PlayDapp Marketplace facilitates transactions between the buyer and seller in trading but is not party to any Agreement between the two

By browsing, accessing, using, completing the registration process on this Site or otherwise using our Services, you are agreeing to all of the following terms and conditions, including any policies referred to herein (collectively, these "Terms"). So, please read these Terms carefully. We reserve the right to change this Site and these Terms at any time. If changes are made notice will be provided seven days in advance, such as by email notification. Additionally, the “Last Updated” date at the beginning of these terms will be amende with the most recent amendment date. If you are unwilling to be bound by these Terms, you should not browse, access, use, register for or purchase merchandise from the Site. We require all users to be at least 18 years old. If you are at least 13 years old but under 18 years old, you may only use PlayDapp through a parent or guardian’s Account and with their approval and oversight. That account holder is responsible for your actions using the Account. It is prohibited to use our Service if you are under 13 years old.


Privacy Policy

Our Privacy Policy, which also governs your visit to Our Site, can be found at https://market.playdapp.com/policy. Please review our Privacy Policy for information on how We collect, use and share information about our users.


Use of This Site

Subject to your compliance with these Terms, We grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal, non-commercial use of this Site. This license grant does not include: (a) any resale or commercial use of this Site or content therein; (b) the collection and use of any product listings or descriptions; (c) making derivative uses of this Site and its contents; or (d) use of any data mining, robots, or similar data gathering and extraction methods on this Site. You may not use, frame or utilize framing techniques to enclose any of Our trademark, logo, content or other proprietary information (including the images found at this Site, the content of any text or the layout/design of any page or form contained on a page) without Our express written consent. Further, you may not use any meta tags or any other "hidden text" utilizing Our name, trademark, or product name without Our express written consent. Any breach of these Terms shall result in the immediate revocation of the license granted in this paragraph without notice to you. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the homepage of this Site so long as the link does not portray Us or Our products or services in a false, misleading, derogatory, or otherwise offensive matter. This limited right may be revoked at any time. You may not use any of Our logos or other proprietary graphics or trademarks as part of the link without express written permission.


Account

In order to access some features of this Site, you may be required to register and We may assign to you, or you may be required to select, a password and user name or account identification. If you register, you agree to provide Us with accurate and complete registration information, and to inform us immediately of any updates or other changes to such information. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify Us of any unauthorized use of your password or identification or any other breach or threatened breach of this Site's security. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with these Terms, and We have no obligation to investigate the authorization or source of any such access or use of this Site. You are responsible for maintaining the security of your access details to our service and accept all risks of unauthorized access to your account. YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING THE PASSWORD AND IDENTIFICATION ORIGINALLY SELECTED BY, OR ASSIGNED TO, YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE. IN THE CASE OF UNATHOURISED ACCESS AS A RESULT OF NEGLIGENCE BY THE COMPANY, THE COMPANY WILL BE LIABLE PROVIDED FAULT CAN BE FOUND AND PROVEN


Also, you agree that you will not

  • create additional accounts if we have disabled one you had, unless express written consent is given.
  • buy, sell or rent your account or access to it unless you have our express written consent.
  • share your password with anyone.
  • act in such a way that will be a cause for termination of your access to this service.

Marketplace may require you to provide additional documentation or information at the request of competent authority or in the case of applicable law, including laws related to anti-laundering of incomes obtained by criminal enterprise. We may also request additional documentation when there is reason to believe that your account has been used for money laundering or other illegal activity, you have acted to conceal or report false identification information or transactions administered by your account were in breach of these Terms.


Electronic Communication

When you register on this Site, or send emails to Us, or create an account you are communicating with Us electronically. You consent to receiveadministrative communications from Us electronically. We will communicate with you by e-mail or by posting notices on this Site or through our other services. You agree that all agreements, notices, disclosures and other communication that We provide to you electronically satisfy any legal requirements that such communications be in writing.

Providing you have consented at registration we may also send you electronic communications for promotional purposes, such as but not limited to, news letters, special offers surveys or other news that we deem of interest to you. These may be opted out of by following the opt out procedures of the relevant communication. Opting out does not impact the receiving of administrative email communications.


User Content

This Site may include features and functionality ("Interactive Features") that allows users to create, post, transmit or store any content, such as text, music, sound, photos, video, graphics or code on the Sites ("User Content"). User Content is publicly-viewable and may include your profile information and any content you post pursuant to your profile, but it does not include your account information or information you submit in order to make a purchase. You agree that you are solely responsible for your User Content and for your use of Interactive Features, and that your use any Interactive Features at your own risk. By using any Interactive Areas, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish or send through the Sites any of the following:

  • User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, abusive, inflammatory, fraudulent or otherwise objectionable;
  • User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or that would otherwise create liability or violate any local, state, national or international law;
  • User Content that displays, describes or encourages usage of any product We sell in a manner that could be offensive, inappropriate or harmful to Us or any user or consumer;
  • User Content that may impinge upon or violate the publicity, privacy or data protection rights of others, including pictures, videos, images or information about another individual where you have not obtained such individual's consent;
  • User Content that makes false or misleading statements, claims or depictions about a person, company, product or service;
  • User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
  • User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity; and
  • Viruses, malware of any kind, corrupted data or other harmful, disruptive or destructive files or code.

User Conduct

You agree you will not violate any law, contract, intellectual property or third-party right. You are solely responsible for your conduct and agree to the following.

  • Not to Provide false or misleading information to Marketplace.
  • Use the service in a way that negates other users from fully using the service and its features
  • Develop, use or share any software or interact with any API in way that can damage or impair the service. Or use any automated means or interface not authorized by us to access the service, extract data or interfere with the functionality of pages.
  • Use the service for any illegal or unauthorized purpose or engage or promote any activity that violates these terms.

Marketplace retains the right to allow or disallow certain assets or listings that we deem to not be appropriate. We reserve the right to determine the appropriateness of listings and may remove, with notice content we feel is inappropriate. Notification will be on a manual basis and be after the fact. Notification will be issued via the registered email address for the service.


Intellectual Property Rights

You are solely responsible for your use of the Service and for any information you provide, including compliance with applicable laws, rules, and regulations, as well as these Terms, including the User Conduct requirements outlined above.


By using the Service in conjunction with creating, submitting, posting, promoting, or displaying content, or by complying with PlayDapp’s metadata standards in your metadata API responses, you grant us a worldwide, non-exclusive, sublicensable, royalty-free license to use, copy, modify, and display any content, including but not limited to text, materials, images, files, communications, comments, feedback, suggestions, ideas, concepts, questions, data, or otherwise, that you submit or post on or through the Service for our current and future business purposes, including to provide, promote, and improve the Service. This includes any digital file, art, or other material linked to or associated with any NFTs that are displayed on the Service.


You represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein for any content that you create, submit, post, promote, or display on or through the Service. You represent and warrant that such content does not contain material subject to copyright, trademark, publicity rights, or other intellectual property rights, unless you have necessary permission or are otherwise legally entitled to post the material and to grant PlayDapp the license described above, and that the content does not violate any laws.


PlayDapp will take down works in response to Digital Millennium Copyright Act (“DMCA”) takedown notices and/or other intellectual property infringement claims and will terminate a user's access to the Service if the user is determined to be a repeat infringer. If you believe that your content has been copied in a way that constitutes copyright or trademark infringement, or violates your publicity or other intellectual property rights, please fill out our form  here.


For us to process your infringement claim regarding content on the Service, you must be the rightsholder or someone authorized to act on behalf of the rightsholder. We encourage you to use  our form  to help ensure the requisite information is included in your notice.


The notice-and-takedown system allows rightsholders to send a notification to the PlayDapp regarding infringing material that appears on the PlayDapp’s system. To be effective, a notice must contain substantially the following information:

  • (i) the signature of the copyright owner or an authorized agent;
  • (ii) identification of the copyrighted work claimed to have been infringed, or, if multiple works are on a single site, a representative list of such works;
  • (iii) identification of the infringing material or activity (or the reference or link to such material) and information reasonably sufficient to permit the PlayDapp to locate the material (or the reference or link);
  • (iv) contact information for the copyright owner or authorized agent;
  • (v) a statement that the person sending the notice has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • (vi) a statement that the information in the notice is accurate, and under penalty of perjury, that the person sending the notice is authorized to act on behalf of the copyright

Once PlayDapp has received a compliant notice, PlayDapp shall act expeditiously to remove or disable access to the infringing material. The PlayDapp shall then promptly notify the user that originally uploaded the material that it has been removed. If the user believes that the material was removed as a result of mistake or misidentification of the material, the user may submit a counter-notice requesting the reinstatement of the material. To be effective, a counter-notice must contain substantially the following information:

  • (i) a physical or electronic signature of the user;
  • (ii) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
  • (iii) a statement under penalty of perjury that the user has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
  • (iv) the user’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction ofHong Kong.

    Following receipt of a compliant counter-notice, PlayDapp shall restore access to the material after no less than ten and no more than fourteen business days, unless the original notice sender informs the service provider that it has filed a court action against the user.

    The notice and counter-notice steps can be visualized as follows:


1. Notice
→
↓
2. Remove Access to Material
→
↓
3. Notify User
→
↓
4. Counter-notice
→
↓
5. Restore Access or Initiate Court Action

  1. 1. Notice - Rightsholder sends notice to PlayDapp regarding infringing material that appears on the PlayDapp Service.
  2. 2. Remove Access to Material - PlayDapp shall act expeditiously to remove or disable access to the infringing material.
  3. 3. Notify User - PlayDapp then promptly notifies the user that originally uploaded the material that it has been removed.
  4. 4. Counter-notice - User may submit a counter-notice requesting the reinstatement of the material, if the user believes the removal was due to a mistake or misidentification.
  5. 5. Restore Access or Initiate Court Action - PlayDapp shall restore access to the material after no less than 10 and no more than 14 business days, unless the original notice sender informs PlayDapp that she/he has filed a court action against the user.

Feedback

Separate and apart from User Content, you may have the ability to submit questions, comments suggestions, reviews, ideas, plans, designs, notes, proposals, drawings, original or creative materials and other information regarding this Site, Us and our products or services (collectively "Feedback"). You agree that Feedback is non-confidential and shall become Our sole property. We shall own exclusive rights, including all intellectual property rights, in and to such Feedback and shall be entitled to the unrestricted use and dissemination of the Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.


Restrictions on Rights to Use

You agree you shall not (and you agree not to allow any other individual or entity using your password and identification to):

  • download, modify, reproduce, adapt, translate, reverse engineer, create derivative works based upon, publicly display, sell, rent, license, or in any way commercially exploit any portion of this Site, except and to the extent expressly permitted under these Terms;
  • remove any copyright, trademark or other proprietary rights notice contained in or on the Site;
  • use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of this Site;
  • collect any information about other users (including usernames and/or email addresses) for any purpose other than to solicit and/or share reviews with other users;
  • reformat or frame any portion of any Web pages that are part of this Site;
  • create user accounts by automated means or under false or fraudulent pretenses;
  • create or transmit to other users unsolicited electronic communications, such as "spam," or otherwise interfere with other users' enjoyment of the Site;
  • submit to this Site any content that falsely states or implies that such content is sponsored or endorsed by us;
  • transmit or upload to this Site any item containing or embodying any virus, worm, defect, malware, Trojan horse, software bomb or other feature designed to damage or degrade in any manner the performance of this Site, any other Web site, or any computer or other device or system, or the enjoyment of this Site by any user;
  • use this Site to violate the security of or gain unauthorized access to any computer or computer network or other device or system (including unauthorized attempts to discover passwords or security encryption codes);
  • submit to this Site any content that is unlawful or facilitates, constitutes, promotes or encourages illegal activity; or otherwise use the Site to transfer or store illegal material, including any material threatening or obscene;
  • copy or store any User Content offered on this Site other than for your personal, non-commercial use;
  • take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large data or traffic load on this Site or the IT infrastructure used to operate and make this Site available; or
  • use this Site and/ or any User Content, intentionally or unintentionally, to violate any applicable local, state, federal or international law.

We have no obligation to monitor any user conduct on this Site, and We reserve the right and have absolute discretion to monitor and remove any userfor conduct on this Site at any time and for any reason. Prior notice will begiven, with the exception of cases deemed an emergency where notice will begiven after removal


Ownership

As between you and Us, this Site, including all photographs, images, text, graphics, icons, audio clips, software, source code and other aspects thereof (excluding User Content), all improvements or modifications thereof, all derivative works based thereon, and the collection, arrangement, and assembly of this Site (collectively, the "Site Content"), including all copyrights, trademarks, and other intellectual property or proprietary rights in the foregoing, are owned by Us or our licensors and protected by applicable copyright laws. The use of any of Our trademarks or service marks without our express written consent is strictly prohibited. You may not use our trademarks or service marks in connection with any product or service in any way that is likely to cause confusion. You may not use our trademarks or service marks in any manner that disparages or discredits us. You may not use any of our trademarks or service marks in meta tags without prior explicit consent. Nothing in these Terms shall be deemed to grant to you or any other user any license or right in or to any of Our patents, copyrights, trademarks, trade secrets or other proprietary rights.


Purchases on this Site

You agree that all of your transactions with or through this Site may, at Our option, be conducted electronically from start to finish. If We decide to proceed non-electronically, those transactions will still be governed by the remainder of these Terms unless you enter into different terms provided by us. You are responsible to print or make an electronic a copy of these Terms and any other contract or disclosure that we are required to provide to you.

Unless explicitly provided to the contrary by Marketplace all goods are sold “as is” and “as available”. Without Warranties or conditions of any kind. Marketplace makes no guarantee that the service will meet your requirements, be available on an uninterrupted basis or be error free.

We will not be responsible or liable for any loss and hold no responsibility for or liability for losses, damages arising from: User error, such as incorrectly constructed transactions, mistyped addresses or forgotten passwords. Nor from server failure or data loss, corrupted wallet data or unauthorized third-party activity. With the exception of legal responsibilities and adherence to relevant laws or provable negligence on the company’s action.

Crypto Assets are digital only and exist by record of ownership records maintained on the Polygon network. Transfers of title may occur in any asset on the ledger within the Polygon platform. It is not guaranteed that Marketplace can transfer tittle or rights of any Crypto Assets. Links This Site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that We are not responsible for the operation of or content located on or through any such site.


Termination

You may terminate the Terms at any time by closing your account, discontinuing your use of this Site and providing Us with a notice of termination. We reserve the right in our sole discretion, to terminate your right to use this Site, or any portion of this Site, and to block or prevent your future access to and use of this Site or any portion of this Site. When this action is taken you will be informed with prior notice, and stated reasons. With the exception of when immediate action is necessary to halt malicious behavior. You acknowledge that we have no liability or obligation to you in such events and you have no right to refund or redress, to the fullest extent permitted by applicable law.


Indemnification

To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold harmless Us and our subsidiaries and affiliates, and our respective officers, directors, agents, partners, members, independent contractors, service providers and consultants ("Our Related Parties"), from and against any claims, damages, costs, liabilities and expenses (collectively, "Claims") arising out related to (a) your access to and use or misuse of this Site; (b) any User Content you post, upload, use, distribute, store or otherwise transmit on or through this Site; (c) any Feedback that you provide; (d) your violation of these Terms; and (e) your violation of any rights of another, including another user or MetaMask / Portis. You agree to promptly notify Us of any third-party Claims, cooperate with Us in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including but not limited to attorneys' fees). You further agree that the We shall have the right to control of the defense or settlement of any third party Claims. This indemnity is in addition to, and not in lieu of other indemnities set forth, in writing between you and us.


Disclaimers

Except as expressly provided, this Site, including all Site Content, and services provided on or in connection with this Site are provided on an "AS IS" and "WITH ALL FAULTS" basis without representations, warranties or conditions of any kind, either express or implied. WE DISCLAIM ALL OTHER REPRESENTATIONS, WARRANTIES, CONDITIONS AND DUTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES, DUTIES OR CONDITIONS: (A) OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, RESULTS, TITLE, AND NON-INFRINGEMENT; AND (B) CREATED BY TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE. We do not represent or warrant that this Site is accurate, complete, reliable, current or error-free. We do not represent or warrant that this Site or our servers are free of viruses or other harmful components. With the exception of legal responsibilities and adherence to relevant laws or provable negligence on the company’s action.


Assumption of Risk

By using the service you acknowledge that:

Blockchain and Crypto Assets are volatile in nature, price fluctuations may materially and adversely affect the Crypto Assets. We cannot guarantee that Crypto purchasers will not lose money.

Service users are responsible for determining and adhering to any taxes that apply to the sale or purchase of any Crypto Asset transactions. Transference of Crypto Assets occurs only within the supporting blockchain. The service does not store or send items of any description.

The service relies on third-party platforms to perform. If the service is unable to maintain r adhere to third-party terms and conditions the service may suffer.


Exclusivity of Remedy; Limitation of Liability

WITH THE EXCEPTION OF ADHEREING TO LEGAL RESPONSIBILITIES IN THE CASE OF NEGLIGENCE ARISING BY THE COMPANY’S ACTION. IN NO EVENT SHALL THE WE OR OUR RELATED PARTIES, BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS OR LOSS OF BUSINESS, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL OUR AND OUR RELATED PARTIES' AGGREGATE LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), OR OTHER THEORY, ARISING OUT OF OR RELATING TO THESE TERMS OR THE PURCHASE OR USE OF ANY PRODUCTS OR SERVICES PURCHASED THROUGH THIS SITE EXCEED THE PURCHASE PRICE OF THE PRODUCT OR SERVICE. THE LIMITATIONS SET FORTH IN THIS PARAGRAPH WILL NOT LIMIT OR EXCLUDE OUR OR OUR RELATED PARTIES' GROSS NEGLIGENCE, FRAUD, INTENTIONAL, WILLFUL, MALICIOUS OR RECKLESS MISCONDUCT.


Remedies

You agree that our remedy at law for any actual or threatened breach of these Terms would be inadequate and that we shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that we may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys' fees. No right or remedy of ours shall be exclusive of any other, whether at law or in equity, including without limitation damages injunctive relief, attorneys' fees and expenses.


Modifications to Site

We reserve the right to modify or discontinue, temporarily or permanently, this Site or any features or portions thereof, notice will be given in advance when changes are implement that may impact user experience. General cases of improvement and content enhancement may be issued without prior notice.


Severability

If any these provisions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining provision.


No Third-Party Beneficiaries

These Terms are for the benefit of, and will be enforceable by, the parties only. These Terms are not intended to confer any right or benefit on any third party or to create any obligations or liability of a party to any such third party.


Miscellaneous

No agency, partnership, joint venture, or employment relationship is created as a result of these Terms, and you do not have any authority of any kind to bind Us in any respect whatsoever. We may provide you with notices, including those regarding changes to these Terms, by email, regular mail, or postings on this Site. These Terms, which shall be deemed accepted by you upon your use of the Site, constitute the entire agreement among you and Us regarding use of this Site. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of the enforcement of such right or provision. If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable. These Terms are not assignable, transferable or sublicensable by you, except with our prior written consent. These Terms include and incorporate by reference Our Privacy Policy, which can be at https://market.playdapp.com/policy, and any notices regarding the Site.


Governing law and Dispute Resolutions

These Terms and your access to and use of the Service shall be governed by and construed and enforced in accordance with the laws of the HongKong. Any disputes arising out of or these Terms shall be finallt settled by arbitration in HongKong in accordance with the Hong Kong International Arbitration Centre (HKIAC). The language to be used in the arbitral proceedings shall be English.


Questions

Questions regarding these Terms, Our Privacy Policy, or other policy related material can be directed to our support staff by emailing us at: help@playdapp.com.