Last updated September 14, 2022
Effective September 14, 2022
The information contained in or provided on or through the Website (as defined below) is not intended to be and does not constitute financial advice, trading advice, or any other type of advice.
The Ecosystem Operator (as defined below) is not liable for any possible misinterpretation of the Terms & Conditions.
The Ecosystem Operator is not a bank, a security firm, an asset manager, a portfolio manager or an investment advisor. The Ecosystem Operator is not a financial institution or a financial service provider.
The Visitor (as defined below) understands that the Ecosystem Operator allows Users to access Fundraising Campaign through a Polkadot wallet interfaced with the Website, directly through the Website. Within the scope of the Fundraising Campaign, the Ecosystem Operator acts solely as a technology provider. Sending crypto-assets to the Fundraising Campaign is at your sole risk and under your sole liability.
Blockchain technology and crypto-assets carry significant risks, including the possible loss of all value allocated in crypto-assets. Such risks arise from the novelty of this technology, the regulatory uncertainty, the possibility of hacking, the high volatility and the information asymmetry characterising the crypto market. Visitors should not purchase crypto-assets with funds they cannot afford to lose. Furthermore, the Visitor is strongly encouraged to seek financial and legal advice regarding the use of crypto-assets and the use of our services.
1.1 GameDAO (herein referred to as the “Company,” “we,” “us”, “Ecosystem Operator” or “our”) provides and makes available this website (the “Website”) to you (the "User", “Visitor”, “Participant” or "you"). All use of the Website is subject to the terms and conditions contained in this Agreement (as defined below). Please read this Agreement in its entirety carefully prior to use of GameDAO’'s service or products. Be aware that this Agreement constitutes a legally binding agreement between you and the Ecosystem Operator. By accessing, browsing or otherwise using the Website, you acknowledge that you have read, understood, and agree to be bound by this Agreement. If you do not accept the terms and conditions of this Agreement, you shall not access, browse or use the Website. By giving its consent, you confirm that your level of English is sufficient to understand the meaning of the terms and conditions of this Agreement as well as all the commitments, warranties, waivers and obligations contained herein.
1.3 If you are under thirteen (13) years of age, you are not authorized to use the Website. In addition, if you are under eighteen (18) years of age, you may use the Website, only with the approval of your parent or guardian.
1.4 By making use of the Website, the Visitor acknowledges and agrees that: (i) The Visitor is aware of the risks associated with crypto-assets, including but not limited to cybersecurity risks and regulatory risks; (ii) The Visitor shall assume all risks related to the use of GameDAO and crypto-assets transactions; and (iii) The Ecosystem Operator shall not be liable for any such risks or adverse outcomes.
1.5 You further hereby represent and warrant to Company that:
1.5.1. You are not trying to access the Website or the GameDAO protocol from, nor are you a citizen or resident of any jurisdiction the laws of which prohibit or conflict with the holding, sale or trading of GAME tokens; 1.5.2. You are not trying to access the Website or the GameDAO protocol from the Democratic People’s Republic of Korea, Cuba, Syria, Iran, People’s Republic of Crimea, and People’s Republic of China; 1.5.3. You are not a “Prohibited Person”, meaning that you are not
1.1 “Agreement” shall mean these terms and conditions governing the use of GameDAO, including but not limited to the Platform and the Services.
1.1 “Ecosystem Operator” shall mean the legal entity or entities operating the GameDAO digital ecosystem.
1.2 “Visitor” shall mean any individual or legal entity browsing the Website.
1.3 “Website” or “GameDAO website” shall mean this website accessible at the following URL: https://gamedao.co/
1.4 “Game3 Foundation” - A foundation to support the advancement and transformation of gaming into the web3 era.
1.5 “GAME token” - The access and governance token of GameDAO protocol
1.6 “Project(s)” shall mean a company duly registered and validly existing in their country of incorporation or a DAO listed on GameDAO platform.
1.7 “Participants” shall mean Users of GameDAO who participate in an Fundraising Campaign and/or in a Public Round, whether or not they purchase GAME Tokens.
1.8 “Campaign Creator” - A person or entity that creates a fundraising campaign utilizing GameDAO protocol tools.
2.1 GameDAO is a digital ecosystem providing services that facilitate the connection between Participants and Projects within the scope of reward-based crowdfunding initiatives.
2.2 GameDAO shall provide the Project(s) and the Participant(s) with the IT infrastructure that allows them to meet and enter into a legal relationship between themselves concerning, respectively, the funding of the Project with a stable coin (aUSD). It is understood and agreed that the legal relationship concerning the contribution of aUSD shall occur between the Project(s) and the Participant(s) and shall not involve GameDAO, whose role is limited to creating the conditions for this relationship to take place.
2.3 The GameDAO digital ecosystem shall comprise the Website (whose domain name includes but is not limited to https://gamedao.co ), mobile applications and other applications and/or web platforms that are developed to offer the Services, including independently-operated platforms, websites and projects within the ecosystem.
2.4 GameDAO is operated by the Ecosystem Operator. From a legal perspective, if GameDAO or the Ecosystem are referred to, the subject of any duties or obligations remains the Ecosystem Operators (i.e., the legal entities operating the Ecosystem). The Ecosystem itself is not a legal subject and cannot assume responsibilities or obligations.
2.5 The Ecosystem Operator shall correspond to the legal entities that are responsible for the provision of the Services. Given the high level of uncertainty over the legal framework concerning crypto-assets and for the purpose of mitigating the regulatory risks associated with such uncertainty, the Ecosystem Operator may change. In this case, the new legal entities shall be considered Ecosystem Operators and shall meet their obligations under this Agreement. Any change in the Ecosystem Operator's legal structure shall not affect the rights and obligations of the Projects and the Participants.
2.6 The Ecosystem Operator is not a bank, a security firm, an asset manager, a portfolio manager or an investment advisor. The Ecosystem Operator is not a financial institution or a financial service provider. The Ecosystem Operator has not received any license or authorisation from any regulatory authority. The Ecosystem Operator does not, and shall not at any time, give any financial advice whatsoever, including with regards to the purchase of digital tokens. Please note that the Ecosystem Operator is not acting as a financial institution or as a financial service provider, nor the Ecosystem Operator is issuing or offering any security or financial instrument.
2.7 The Ecosystem Operator is an independent contractor but not an agent of the Participant(s) and/or Project(s) in the performance of the Services. This Agreement shall not be interpreted as base or evidence of an association, joint venture, partnership, or franchise between the parties.
2.8 The Participant(s) and the Project(s) acknowledge, understand and agree that the Ecosystem Operator assumes no obligations to help Participant(s) and/or Project(s) to enforce any claims they might have towards each other, which would result from any of their engagements entered into as a result of the Services and/in connection with their use of GameDAO digital ecosystem; but the Ecosystem Operator reserves the right to do so at its sole discretion.
3.1 GameDAO grants the User a non-exclusive, personal, non-transferable right to use the Service on your personal computer or other device that accesses the Internet in order to access the Website and use the decentralised protocols available and described on the https://gamedao.co/ website (the website and all its functionality together being the "Service"), subject to the terms and conditions contained herein.
3.2 All other uses are prohibited without the Ecosystem Operator’s prior written consent.
3.3 Except as otherwise agreed upon, if the Ecosystem Operator enables the use of software, content, virtual items, or other materials owned or licensed by the Ecosystem Operator (hereinafter referred to as the “Software and Content”), the Ecosystem Operator hereby grants the User a non-exclusive, non-transferable, non-sublicensable and revocable, worldwide license to access and use the Software and Content solely for personal and non-commercial purposes, conditioned on its compliance with the Terms & Conditions.
3.4 The User will not use, copy, adapt, modify, decompile, reverse engineer, disassemble, decrypt, attempt to derive the source code of, prepare derivative works based upon, distribute, license, sell, rent, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Software and Content, except as expressly permitted by the Ecosystem Operator or as permitted under applicable law. Any unauthorised use of the Software and Content is strictly prohibited and will terminate the license granted in the Terms & Conditions.
3.5 GameDAO reserves any and all rights implied or otherwise, which are not expressly granted to the User hereunder and retain all rights, title and interest in and to the Service. You agree that you will be solely liable for any damage, costs or expenses arising out of or in connection with the commission by you of any Unauthorized Use. You shall notify GameDAO immediately upon becoming aware of the commission by any person of any Unauthorized Use and shall provide GameDAO with reasonable assistance with any investigations it conducts in light of the information provided by you in this respect.
3.6 You agree not to: (a) take any action that imposes an unreasonable load on the Website’s infrastructure, (b) use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any activity being conducted on the Website, (c) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or making up the Website, or (4) delete or alter any material posted on the Website by the Company or any other person or entity.
3.7 The Website may contain links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or Webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites.
3.8 We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of any materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access any External Sites, you do so at your own risk.
4.1 Intellectual property rights and all other proprietary rights in relation to the content available on the Website (including but not limited to software, mobile software, algorithms, codes, audio, video, text, animations, files, photographs designs, graphics, layouts, images, video, information, and their selection and arrangement) (hereinafter: the “Website Content”) are the exclusive property of the Ecosystem Operator and its licensors. The Ecosystem Operator or its licensors’ rights to the Website Content include rights to:
4.1.1 The Website; and
4.1.2 All designs, layouts, software, displayed, and technical information associated with the Website.
4.2 All Intellectual property rights in the Website Content not expressly granted herein are reserved to the Ecosystem Operator. All copyright and other proprietary notices shall be retained on all reproductions.
4.3 The Ecosystem Operator and its licensors own and shall retain all Intellectual property rights and other rights in and to the Software, and any changes, modifications or corrections thereto, subject to open source software used in relation to the Website. No licences to use any of trademarks or any other GameDAO brands are to be inferred or assumed pursuant to the use of any GameDAO Services.
4.4 GameDAO claims no ownership or control over any Submission that you post or display on or through the Website. You retain all intellectual property rights to any Submission you submit, post or display on or through the Website and you are responsible for protecting those rights, as appropriate.
4.5 If the User provides the Ecosystem Operator with any feedback or comments regarding the Website, it grants the Ecosystem Operator the right to use such feedback or comments for any purpose without restriction or payment to the User.
4.6 You hereby acknowledge that by using the Service, you obtain no rights in the Site Content and/or the Trade Marks, or any part thereof. Under no circumstances may you use the Site Content and/or the Trade Marks without GameDAO’s prior written consent. Additionally, you agree not to do anything that will harm or potentially harm the rights, including the intellectual property rights of GameDAO, the Projects, or any third party.
5.1 The Ecosystem Operator reserves the right to change, suspend, remove, discontinue or disable access to the Website or particular portions thereof, at any time and without notice. In no event will the Ecosystem Operator be liable for the removal of or disabling access to any portion or feature of the Website
6.1 THE ECOSYSTEM OPERATOR, ITS AFFILIATES, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS (COLLECTIVELY, THE “COMPANY PARTIES“) MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT, INCLUDING BUT NOT LIMITED TO ITS ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS OR RELIABILITY. THE COMPANY PARTIES SHALL NOT BE SUBJECT TO LIABILITY FOR THE TRUTH, ACCURACY OR COMPLETENESS OF THE CONTENT OR ANY OTHER INFORMATION CONVEYED TO THE USER OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE. YOU AGREE THAT YOU USE THE WEBSITE AND THE CONTENT AT YOUR OWN RISK. THE COMPANY PARTIES DO NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THE WEBSITE, ITS SERVER, OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE WEBSITE OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, NO COMPANY PARTY SHALL BE RESPONSIBLE FOR THOSE COSTS.
THE WEBSITE AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE COMPANY PARTIES DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.
6.2 LINKS - THE WEBSITE MAY CONTAIN LINKS THAT DIRECT THE PARTIES TO THIRD-PARTY WEBSITES. THE ECOSYSTEM OPERATOR REJECTS ANY LIABILITY ON SAID THIRD-PARTY WEBSITES, WHICH ARE SOLELY PROVIDED IN THE PARTICIPANT, PROJECTS, VISITORS AND USERS INTEREST.THE ECOSYSTEM OPERATOR HAS NO INFLUENCE ON THE CONTENT OF THIRD-PARTY WEBSITES. THE ECOSYSTEM OPERATOR, THEREFORE, CANNOT ASSUME ANY GUARANTEE FOR THE ACCURACY, COMPLETENESS, OR SAFETY OF THIS THIRD-PARTY CONTENT.
6.3 FORCE MAJEURE - THE ECOSYSTEM OPERATOR SHALL NOT BE LIABLE FOR DELAYS, FAILURE IN PERFORMANCE OR INTERRUPTION OF SERVICE WHICH RESULT DIRECTLY OR INDIRECTLY FROM: ANY CAUSE OR CONDITION BEYOND OUR REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO, ANY DELAY OR FAILURE DUE TO ANY ACT OF GOD, ACT OF CIVIL OR MILITARY AUTHORITIES, ACT OF TERRORISTS, CIVIL DISTURBANCE, WAR, STRIKE OR OTHER LABOR DISPUTE, FIRE, INTERRUPTION IN TELECOMMUNICATIONS OR INTERNET SERVICES OR NETWORK PROVIDER SERVICES, FAILURE OF EQUIPMENT AND/OR SOFTWARE, OTHER CATASTROPHE OR ANY OTHER OCCURRENCE WHICH IS BEYOND THE ECOSYSTEM OPERATOR’S REASONABLE CONTROL AND SHALL NOT AFFECT THE VALIDITY AND ENFORCEABILITY OF ANY REMAINING PROVISIONS.THESE INCLUDE PANDEMIC-RELATED EVENTS AND LOCKDOWN RESTRICTIONS, DEFINED HERE AS FORCE MAJEURE. A CYBER SECURITY BREACH IN THE GAMEDAO DIGITAL ECOSYSTEM SHALL BE CONSIDERED A FORCE MAJEURE EVENT.
6.4 IN NO EVENT SHALL ANY COMPANY PARTY BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEBSITE AND THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF SUCH COMPANY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6.5 SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, IN SUCH JURISDICTIONS, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU, AND THE LIABILITY OF THE COMPANY PARTIES SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
7.1 You agree to defend, indemnify, and hold harmless the Company Parties from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of this Agreement or your access to, use or misuse of the Content or Website. The Company shall provide notice to you of any such claim, suit, or proceeding. The Ecosystem Operator reserves the right to assume the exclusive defence and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting the Ecosystem Operator’s defence of such matter.
8.1 We make no claims concerning whether the Website may be downloaded, viewed, or be appropriate for use in all countries or jurisdictions. You are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
9.1 The Ecosystem Operator is obliged to exert control over Participant(s) and Project(s) in order to comply with Know Your Customer (KYC) and Know Your Business (KYB) standard practises and Anti Money Laundering (AML) applicable laws and regulations (hereinafter collectively referred to as “KYC/AML regulations''). The Ecosystem Operator expects the Participant(s) and the Project(s) to be acting in good faith regarding the information provided. The Campaign Creator will not be able to receive any payments from the Project(s) unless conforms successfully with established KYC procedures in accordance with our AML Policy.
9.2 The Participant(s) and the Project(s) must provide the Ecosystem Operator with true and accurate details of all required KYC, KYB and AML requirements.
9.3 The Participant(s) and the Project(s) shall provide any further items and documentation that the Ecosystem Operator may reasonably request in the case of further Investigations at the discretion of the Ecosystem Operator.
9.4 The Participant(s) and the Project(s) use will not violate any and all laws and regulations applicable to the Participant, including but not limited to regulations on anti-money laundering, anti-corruption, and counter-terrorist financing.
9.5 The Ecosystem Operator performs KYC/AML checks on Participant(s) and Project(s) eligible for participation (including receiving payments from/to Projects) within the Platform. The Parties acknowledge, agree, and understand that the Ecosystem Operator will transfer to a third party service provider any collected KYC/AML data and that the Ecosystem Operator has the independent right to terminate the Participant’s participation in the community of that Project, including termination of the possibility to provide Created Content and/or any other services to Participants, and the possibility to receive payments from the Project, all based on the results of the KYC/AML checks.
9.6 GameDAO reserves the right, at any time, to ask for any KYC documentation it deems necessary to determine the identity and location of a User. GameDAO reserves the right to restrict service and payment until identity is sufficiently determined.
9.7 GameDAO further reserves the right to share submitted KYC information and documentation to 3rd parties to verify the authenticity of submitted information, and the end user (you) agree to this by using the Service.
9.8 GameDAO reserves the right to confiscate any and all funds that are found to be in violation of relevant and applicable anti-money laundering (AML) and countering terrorism financing (CFT) laws and regulations, and to cooperate with the competent authorities when and if necessary.
9.9 GameDAO expressly prohibits and rejects the use of the Service for any form of illicit activity, including money laundering, terrorist financing or trade sanctions violations, consistent with various jurisdictions’ laws, regulations and norms. To that end, the Service is not offered to individuals or entities on any Politically Exposed Persons (PEP) lists, or subject to any United States, European Union, or other global sanctions or watch lists. By using the Service, end users represent and warrant that they are not on any such lists.
10.2 By using the Website, the Visitor consents to process its personal data.
10.3 The Visitor warrants that all data provided is accurate, complete and updated.
10.4 The Cookies are widely used in order to make the Website work, or work more efficiently, as well as to provide information to the Ecosystem Operator.
10.5 The Cookies are used to collect information about how Visitors use the Website. The Ecosystem Operator uses the information provided by the Cookies to compile reports and improve the Website.
10.6 The Cookies collect information in an anonymous form, including, but not limited to, the number of Visitors on the Website, where the Visitors have come to the Website from and the pages they visited.
10.7 By using the Website, the Participant agrees that the Ecosystem Operator can place the Cookies on its device.
11.1 If a User wishes to make a complaint, please contact the Ecosystem Operator first at email@example.com. The Ecosystem Operator wants to address the Participant’s concerns without resorting to formal legal proceedings, if possible. If the Participant has a dispute with the Ecosystem Operator, then the Participant should contact the Ecosystem Operator, and a ticket number will be assigned. The Ecosystem Operator will attempt to resolve the Participant’s dispute internally as soon as possible.
11.2 The Parties agree to negotiate in good faith to resolve the dispute (which discussions shall remain confidential and be subject to applicable rules protecting settlement discussions from use as evidence in any legal proceeding).
11.3 In the event, the dispute cannot be resolved satisfactorily, and the Participant wishes to assert a legal claim against the Ecosystem Operator, then the Parties agree to set forth the basis of such claim in writing in a “Notice of Claim,” as a form of prior notice to Ecosystem Operator. The Notice of Claim must (1) describe the nature and basis of the claim or dispute, (2) set forth the specific relief sought, (3) provide the original ticket number, and (4) include an email. The Notice of Claim should be submitted to an email address or hyperlink provided in the Participant’s correspondence with the Ecosystem Operator. After the Participant has provided the Notice of Claim to the Ecosystem Operator, the dispute referenced in the Notice of Claim may be submitted by either the Ecosystem Operator or the Participant to arbitration in accordance with the paragraph below.
12.1 This Agreement is governed by the internal substantive laws of Liechtenstein, without respect to its conflict of laws provisions. You expressly agree to submit to the exclusive personal jurisdiction of the courts sitting in Liechtenstein.
12.2 The Parties agree that any dispute is personal to the Participant and the Project and that any dispute shall only be resolved by individual litigation and shall not be brought as a class action or any other representative proceeding. The Parties agree that a dispute cannot be brought as a class or representative action or on behalf of any other person or persons.
12.3 Except as expressly agreed by GameDAO and you, this Agreement constitutes the entire Agreement between you and the GameDAO with respect to the subject matter, and supercedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees.