GAMEPLAY GALAXY
TERMS OF SERVICE
Date of Last Revision: November 17, 2025
Welcome to Gameplay Galaxy!
Gameplay Galaxy Inc., a Delaware corporation (“Gameplay Galaxy,” “we,” “us,” or “our”) provides online games (described below), and related content to you through our mobile applications (“Mobile Apps”), website(s) located at https://www.gameplaygalaxy.com (the “Site”), the Marketplace (as defined below) and such services and technologies, including any updated or new features and functionality ( collectively, the “Service”).
All access and use of the Services is subject to the terms and conditions contained in these Terms of Service (as amended from time to time, these “Terms of Service”). The Services may include distributed applications running on one or more blockchain networks, using blockchain mechanisms such as smart contracts (each, a “Smart Contract”), non-fungible tokens (“NFTs”), crypto currency and other fungible blockchain-based tokens (“Tokens,” together with Smart Contracts, NFTs and any other blockchain-based software or mechanisms “Blockchain Systems”) that interact with, enhances or enable the use of our Services or portions thereof.
WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND GAMEPLAY GALAXY THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY THE SECTION TITLED “DISPUTE RESOLUTION” BELOW FOR DETAILS REGARDING ARBITRATION (INCLUDING THE PROCEDURE TO OPT OUT OF ARBITRATION). HOWEVER, IF YOU ARE A RESIDENT OF A JURISDICTION WHERE APPLICABLE LAW PROHIBITS ARBITRATION OF DISPUTES, THE AGREEMENT TO ARBITRATE WILL NOT APPLY TO YOU BUT THE PROVISIONS OF THE SECTION TITLED “GENERAL” WITH RELATION TO GOVERNING LAW AND FORUM CHOICE WILL INSTEAD APPLY.
GAMEPLAY GALAXY DOES NOT OFFER OR PROVIDE INVESTMENT, TAX, LEGAL, OR FINANCIAL ADVICE. BY USING THE SERVICES, YOU AGREE THAT YOU UNDERSTAND THE TECHNICAL AND LEGAL RISKS ASSOCIATED WITH BLOCKCHAIN SYSTEMS, AND THAT ANY INFORMATION PRESENTED THROUGH THE PLATFORM IS PROVIDED SOLELY FOR EDUCATIONAL AND ENTERTAINMENT PURPOSES. BEFORE MAKING ANY FINANCIAL, OR LEGAL DECISIONS, YOU SHOULD CONSULT WITH A QUALIFIED PROFESSIONAL ADVISOR.
YOU ACKNOWLEDGE AND AGREE THAT GAMEPLAY GALAXY IS NOT A PARTY TO ANY TRANSACTION OR AGREEMENT BETWEEN USERS OR BETWEEN USERS AND THIRD-PARTY PROTOCOLS. GAMEPLAY SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY DISPUTES, LOSSES, OR CLAIMS ARISING FROM OR RELATED TO YOUR USE OF THE SERVICES IN RELATION WITH DIGITAL TOKENS, IN GAME DIGITAL ASSETS, ASSETS, OR CURRENCIES, ANY ASSOCIATED REWARDS, OR INTERACTIONS WITH THIRD-PARTY PROTOCOLS INCLUDING, WITHOUT LIMITATION, YIELD-GENERATING VAULTS, RAFFLES, AIRDROPS, REBATES OR LIQUIDITY POOLS.
BY USING THESE SERVICES, YOU REPRESENT THAT YOU ARE NOT A RESTRICTED PERSON, AS DEFINED BELOW, AND ARE NOT A PERSON OR ENTITY WHO IS RESIDENT IN, IS A CITIZEN OF, IS LOCATED IN, IS INCORPORATED IN, OR HAS A REGISTERED OFFICE IN ANY RESTRICTED TERRITORY, AS DEFINED BELOW.
By using the Services, you agree to be bound by these Terms of Service. If you do not agree to be bound by these Terms, do not use the Services. We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these Terms of Service were last revised. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service. You should periodically visit this page to review the current Terms of Service so you are aware of any revisions.
Galaxy Games
We bring you a host of your favorite video games (the “Galaxy Games”). Your right to access and use Galaxy Games is personal, limited, non-exclusive, and revocable, and may be suspended or terminated at our discretion if you violate these Terms or engage in any activity that interferes with the integrity, security, or proper operation of the Game. By accessing or using the Game in any manner, you agree to abide by all rules, obligations, and restrictions contained in these Terms.
Trial Xtreme Freedom
Trial Xtreme Freedom is a competitive mobile racing game that places players in fast paced extreme sports environments. Riders progress through a wide range of handcrafted tracks, each offering diverse terrain, obstacles, and physics driven challenges. Players can compete, buy new gear, evolve their bikes, and refine their racing skills to improve performance across dynamic and constantly updated tracks.
Duels
Duels is a real time PVP RPG where players upgrade fighters, unlock skills, and compete across multiple modes. Players can choose from hundreds of items and over forty special abilities to develop unique combat strategies. Players can battle others globally, unlock rare equipment, and face monsters to improve their hero and climb competitive ranks.
Accounts and Registrations
Your Registration Obligations: You may be required to register with Gameplay Galaxy or
provide and verify information about yourself (e.g., name and email address) in order to access and use certain features of the Service. If you choose to register for the Service, you agree to provide and maintain true, accurate, current, and complete information about yourself as prompted by the Service’s registration form. Registration data and certain other information about you are governed by our Privacy Policy. If you are under 13 years of age, you are not authorized to use the Service, with or without registering. In addition, if you are under 18 years old, you may use the Service, with or without registering, only with the approval of your parent or guardian.
Member Account, Password and Security: You are solely responsible for maintaining the confidentiality of your password and account details, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify Gameplay Galaxy of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. Gameplay Galaxy will not be liable for any loss or damage arising from your failure to comply with this paragraph.
Modifications to Service: Gameplay Galaxy reserves the right to modify or discontinue,
temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Gameplay Galaxy will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
General Practices Regarding Use and Storage: You acknowledge that Gameplay Galaxy may
establish general practices and limits concerning use of the Service, including the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on Gameplay Galaxy’s or its third-party service providers’ servers on your behalf. You agree that Gameplay Galaxy has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that Gameplay Galaxy reserves the right to terminate accounts that are inactive for an extended period of time, which may result in loss of any Galaxy Credits associated with the account. You further acknowledge that Gameplay Galaxy reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Service Content: You acknowledge and agree that the Service may contain content or features
(“Service Content”) that are protected by copyright, patent, trademark, trade secret, or other proprietary rights and laws. Except as expressly authorized by Gameplay Galaxy, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (defined below) that you upload to or make available through the Service in accordance with these Terms of Service. Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited.
Galaxy Online Games, Galaxy Credits, and In-Game Digital Assets
In-Game Digital Assets: As part of your use of the Service, you may purchase, earn or otherwise obtain certain in-game credits and / or in-game currencies (collectively, “Galaxy Credits”), digital credits that may be used only on the Service, including by completing certain achievements (e.g., winning a racing event). Your Galaxy Credits will be made available to you as an “account balance” that can be used to purchase various in-game assets. The Galaxy Credits have no cash value and cannot be redeemed for cash, transferred to a third party, or to make purchases from any other person.
You may exchange your Galaxy Credits for in-game abilities, items or other fungible or non-fungible digital assets, including Tokens or NFTs (together with Galaxy Credits, “In-Game Digital Assets”), subject to these Terms of Service. You may have the option to mint certain In-Game Digital Assets, and by minting an In-Game Digital Asset as an NFT, you agree to comply with any terms, including licenses or payment rights that are embedded within or otherwise included with any such In-Game Digital Asset.
Gameplay Galaxy may or may not be the party creating and / or issuing the In-Game Digital Assets, and Gameplay Galaxy may partner with third-party providers to provide In-Game Digital Assets to you through your use of the Service. To the extent any In-Game Digital Assets are created, issued, or provided by a third party, you acknowledge and agree that Gameplay Galaxy is not responsible or liable for such third-party assets, their functionality, availability, performance, or any related obligations. Your access to or receipt of any In-Game Digital Assets may be subject to additional terms, conditions, or policies imposed by the applicable third party, and you are solely responsible for reviewing and complying with those terms.
Gameplay Galaxy does not guarantee that In-Game Digital Assets will be transferable or have any utility in any Galaxy Games or in connection with any other platform. You are only allowed to purchase In-Game Digital Assets from us or our authorized partners through the Service, and not in any other way. You must be 18 years of age (or the age of majority in your state or other jurisdiction in which you reside), or obtain permission from your parent or legal guardian to purchase In-Game Digital Assets and provide proof of such consent to us upon our request.
In-Game Digital Assets have no cash value and are not redeemable for cash. In-Game Digital Assets that you do not purchase may be awarded to you for in-game participation or otherwise, are provided for loyalty, award, or promotional purposes only.
Gameplay Galaxy cannot ensure that any In-Game Digital Asset transaction details a user submits via the Services will be confirmed or processed on any Blockchain systems. You acknowledge and agree that the transaction details submitted by you via the Services may not be completed or may be delayed by any blockchain used to process the transaction. Gameplay Galaxy does not guarantee that the Services can transfer title or right in any In-Game Digital Asset, and Gameplay Galaxy makes no warranties of title of any kind. Once transaction details have been submitted to the applicable blockchain (the “Blockchain”), Gameplay Galaxy cannot assist you with canceling or otherwise modify such transaction or details.
Subject to your continued compliance with these Terms of Service, Gameplay Galaxy grants you a worldwide, royalty-free license to use, copy, and publicly display the digital artwork contained in any In-Game Digital Assets (“Digital Asset Artwork”) for so long as you own the applicable In-Game Digital Assets, solely for the following purposes: (i) your use of the Service; (ii) as part of a marketplace that permits the purchase and sale of your In-Game Digital Asset, provided that the marketplace cryptographically verifies each In-Game Digital Asset owner’s rights to display the corresponding Digital Asset Artwork to ensure that only the actual owner can display such Digital Asset Artwork; or (iii) as part of a third party website or application that permits the inclusion, involvement, or participation of your In-Game Digital Assets, provided that the website/ application cryptographically verifies each In-Game Digital Asset owner’s rights to display the corresponding Digital Asset Artwork, and provided that such Digital Asset Artwork is no longer visible once the owner of such In-Game Digital Asset leaves the website/application. If you make your In-Game Digital Assets available to other users hereunder, you acknowledge and accept that such In-Game Digital Assets shall be governed by these Terms of Service. Your use of Digital Asset Artwork is limited solely to the license granted herein, and you may not use, copy or make derivatives of the Digital Asset Artwork for any purposes other than those permitted herein, including, but not limited to, commercial use.
We may limit, modify, revalue, or make Galaxy Credits or any In-Game Digital Asset more or less common, valuable, effective, or functional and may also change, at any time, potential In-Game Digital Assets on the Service or the requirements to earn such In-Game Digital Assets. In-Game Digital Assets may have limited supplies or may be offered for a limited period. We may, in our sole discretion, substitute In-Game Digital Assets with other In-Game Digital Assets of equal or greater value. You agree to comply with all requirements associated with In-Game Digital Assets, including any third party terms that may apply to the redemption, activation, or use of such In-Game Digital Assets. In-Game Digital Assets are intended to be redeemed only on the Service. You understand in-Game Digital Assets are not currency, are not intended to substitute for currency, and cannot be used to purchase goods or services from other merchants.
You are solely responsible for redeeming any In-Game Digital Assets within the time specified in your account or on the Service, and we are not responsible for your inability to use or derive benefit from any In-Game Digital Assets. You are solely responsible for paying any applicable taxes related to your receipt and / or use of In-Game Digital Assets. No credit or reversal of any In-Game Digital Assets will be provided once the In-Game Digital Assets are purchased or redeemed, as applicable.
Gameplay Galaxy may manage, regulate, control, modify or eliminate In-Game Digital Assets at any time, with or without notice. Gameplay Galaxy shall have no liability to you or any third party in the event that Gameplay Galaxy exercises any such rights.
Gameplay Galaxy may limit, in its sole discretion, the number of In-Game Digital Assets you may purchase in any transaction or in the aggregate. Should there be remaining Galaxy Credits in your account after a certain period of inactivity or after your account is closed, we may be required to remit the remaining value to the appropriate state agency. If that occurs, you will be required to contact the relevant state agency in order to claim your funds. The use or transfer of In-Game Digital Assets is prohibited except where expressly authorized in the Service. Other than as expressly authorized in the Service, you shall not sell, purchase, redeem or otherwise transfer In-Game Digital Assets to any person or entity or attempt any of the aforesaid, including but not limited to Gameplay Galaxy, another user or any third party.
ALL PURCHASES AND REDEMPTIONS OF IN-GAME DIGITAL ASSETS MADE THROUGH THE SERVICE ARE FINAL AND NON-REFUNDABLE
The provision of In-Game Digital Assets is strictly for your personal, entertainment, non-commercial use in Gameplay Galaxy games. This is a service provided by Gameplay Galaxy that commences immediately upon acceptance by Gameplay Galaxy of your purchase.
You agree to pay all fees and applicable taxes incurred by you or anyone using a Gameplay Galaxy account registered by you. Gameplay Galaxy may revise the pricing for the In-Game Digital Assets offered through the Service at any time.
YOU ACKNOWLEDGE THAT, TO THE EXTENT PERMITTED BY LAW, GAMEPLAY GALAXY IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY
Risk Assumption: You accept and acknowledge each of the following and assume all associated risks: (a) the value of In-Game Digital Assets are extremely volatile and fluctuations in the prices of Tokens and NFTs may impact the price of your In-Game Digital Assets, both positively and negatively; and any In-Game Digital Assets should not be considered an investment; (b) you understand that you are responsible for any fees related to use of the Service, including for actions you take on the applicable Blockchain, regardless of whether a successful transaction occurs, and that such fees are final and irreversible; (c) you are solely responsible for determining what, if any, taxes apply to your transactions and to withhold, collect, report, and remit the correct amounts of taxes to the appropriate tax authorities, and Gameplay Galaxy is not responsible for determining, withholding, collecting, reporting, or remitting any taxes that apply to your In-Game Digital Assets or the sale/ purchase of your In-Game Digital Assets, as applicable; (d) you assume all risks associated with using an Internet and blockchain-based currency, including, but not limited to, the risk of hardware, software and Internet connections, the risk of malicious software introduction, malicious actors, and the risk that third parties may obtain unauthorized access to information stored within your Wallet (as defined below), (e) you accept and acknowledge that Gameplay Galaxy will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the Service or any Blockchain System, however caused; (f) there are risks associated with purchasing items associated with content created by third parties through peer-to-peer transactions, including but not limited to, the risk of purchasing counterfeit items, mislabeled items, items that are vulnerable to metadata decay, items on Smart Contracts with bugs, and items that may become untransferable; (g), you represent and warrant that you have done sufficient research before making any decisions to sell, obtain, transfer, or otherwise interact with any In-Game Digital Assets or accounts/collections, (h) NFTs, Tokens and blockchain technology are relatively new and the regulatory landscape is unsettled, and new regulations or policies may materially adversely affect such technologies impacting the value and utility of your In-Game Digital Assets and the development of the Service; (i) Gameplay Galaxy does not have ownership or control of the Smart Contracts, Tokens, NFTs, Blockchains or Blockchain Systems deployed by third parties, and are not responsible and make no guarantees regarding their operation and functionality; (j) you assume all responsibility for any adverse effects of disruptions or other issues impacting any blockchain or its platform; (k) we do not control the Blockchains that you are interacting with and we do not control certain Smart Contracts and protocols that may be integral to your ability to complete transactions on these Blockchains; additionally, blockchain transactions are irreversible and Gameplay Galaxy has no ability to reverse any transactions on the blockchain; (l) In-Game Digital Assets are not considered legal tender, are not issued or backed by any government, and have fewer regulatory protections than traditional currency; moreover In-Game Digital Assets are not insured against theft or loss by any insurance corporation or any investor protection, including the Federal Deposit Insurance Corporation or the Securities Investor Protection Corporation; (m) the Service relies on third-party platforms and/or vendors, and Gameplay Galaxy cannot control the performance of such third parties; (n) Gameplay Galaxy reserves the right to disable collections, contracts, and items affected by any of these issues or by other issues; (o) Items you purchase may become inaccessible on Gameplay Galaxy; and (p) under no circumstances shall the inability to view items on Gameplay Galaxy or an inability to use the Service in conjunction with the purchase, sale, or transfer of items available on any blockchains serve as grounds for a claim against Gameplay Galaxy.
Digital Wallets
You may be required to connect digital asset wallets (“Wallet”) to the Service in order to receive or transact with your In-Game Digital Assets and / or otherwise use portions of the Service. Transactions may require the payment of a transaction fee (“Gas Fee”) for every transaction that occurs on the Blockchain. You may need to pay a Gas Fee for each transaction that occurs on the Blockchain or any other similar third party company that provides Wallets. Gameplay Galaxy neither owns nor controls Your applicable Wallet, and Gameplay Galaxy does not know or have access to your private keys. Gameplay Galaxy will have no access or control over any transactions you conduct with your Wallet, or ability to reverse any payments or transactions. Gameplay Galaxy will be not liable for acts or omissions of any third-party Wallet providers, including, but not limited to, self-custody Wallet providers (e.g., Metamask) or hosted Wallet providers (e.g., Coinbase), nor will Gameplay Galaxy be liable for any damage that you may suffer as a result of your transactions or any other interactions with any such third parties. In addition to the Gas Fee, each time you use the Services including its Smart Contract capabilities to conduct a transaction with another person or entity via the Marketplace or other parts of the Services, you authorize us to collect a commission based on the total value of that transaction (each, a “Commission”). We may or may not charge a Commission, as determined in our sole discretion. You acknowledge and agree that the Commission, to the extent charged, will be transferred directly to us through the Blockchain as a part of the applicable transaction. Gameplay Galaxy does not offer any user the ability to exchange one form of currency for any other form of currency (fiat or digital).
By connecting your Wallet to the Service, you expressly represent that you are the lawful and rightful owner of the Wallet. By using your Wallet in connection with the Service, you agree that you are using that Wallet lawfully and under the terms and conditions of the applicable third party-wallet provider. Your Wallet and all assets held therein are your personal property, and not the property of Gameplay Galaxy. Gameplay Galaxy has no responsibility or technical ability to manage, modify, secure, or perform transactions on behalf of your Wallet. Your use of your Wallet or the Marketplace and interaction with third parties is entirely voluntary and optional. If you decide to access or use a third-party service, your activity and use of those third-party services is governed by their terms and conditions. You are solely responsible for the retention and security of your private key. You, and not Gameplay Galaxy, are solely responsible for keeping your private key access information, as well as your authentication-related information, secure. Gameplay Galaxy is not responsible, and is not able, to maintain your private key. Failure to keep your private key secure may result in the loss of control of your Wallet and In-Game Digital Assets associated with your Wallet. You acknowledge and agree that we do not receive or store your Wallet authentication information, encrypted private key, or unencrypted private key associated with your Wallet. We cannot modify, recover, or reset your authentication method, and you accept and acknowledge that if you lose access to or control over any authentication method, or fail to store a backup of your private key, then you will lose access to your Wallet and any digital items or In-Game Digital Assets associated with the Wallet.
Marketplace Terms
Gameplay Galaxy may also provide an online platform through which users can view, offer to purchase and purchase In-Game Digital Assets or other items that can be used and deployed in one or more Galaxy Games made available through the Service (the “Marketplace”).
THE MARKETPLACE SERVICES INCLUDE A MARKETPLACE WHICH ALLOWS USERS TO OFFER TO SELL AND PURCHASE IN-GAME DIGITAL ASSETS TO / FROM OTHER GALAXY GAME PLAYERS. ALL IN-GAME DIGITAL ASSETS AVAILABLE THROUGH THE MARKETPLACE ARE FURNISHED BY OR ON BEHALF OF SELLERS IN CONNECTION WITH SUCH SALES. YOU AGREE THAT GAMEPLAY GALAXY SHALL NOT BE A PARTY TO OR HAVE ANY RESPONSIBILITY OR LIABILITY FOR, ARISING OUT OF, RELATING TO, ASSOCIATED WITH OR RESULTING FROM ANY DISPUTES BETWEEN YOU AND ANY BUYER OR SELLER OF INGAME DIGITAL ASSETS IN RESPECT OF THE USE, MISUSE, PROVISION OR FAILURE TO PROVIDE ANY IN-GAME DIGITAL ASSETS. YOU BEAR FULL RESPONSIBILITY FOR VERIFYING THE IDENTITY, LEGITIMACY, AND AUTHENTICITY OF IN-GAME DIGITAL ASSETS THAT YOU PURCHASE. GAMEPLAY GALAXY IS NOT A DIGITAL WALLET PROVIDER, BROKER, DEALER, FINANCIAL INSTITUTION, EXCHANGE, PAYMENT PROCESSOR, MONEY SERVICES BUSINESS, OR CREDITOR.
All access and use of the Marketplace is subject to these Terms of Service. Pricing and payment terms on the Marketplace, including specific details relating to the offering of any In-Game Digital Assets, will be set forth at the point of sale. Gameplaxy Galaxy may, in its sole discretion, limit the use of the Marketplace to the listing and sale of certain In-Game Digital Assets or collections of In-Game Digital Assets. In-Game Digital Assets listed on the Marketplace are being offered by the individuals seeking to sell such In-Game Digital Assets (“Sellers”), and the actual contracts for sale are between the Sellers and the individuals seeking to buy such In-Game Digital Assets (“Buyers”). A user who has purchased an In-Game Digital Assets on the Marketplace, whether in its initial sale or via secondary sale, may be able to resell that In-Game Digital Assets on the Marketplace and/or on a third-party marketplace, subject to these Terms and any supplemental terms and conditions. Gameplay Galaxy is not the Seller of any In-Game Digital Assets listed on the Marketplace and will not provide or deliver any In-Game Digital Assets. Gameplay Galaxy gas no control over the ability of Sellers to sell or receive compensation for In-Game Digital Assets, the ability of Buyers to purchase or pay for In-Game Digital Assets, or that a Buyer and Seller will actually complete a transaction on the Marketplace. Gameplay Galaxy has no control over the quality, safety, timing, legality, failure to provide, or any aspect whatsoever of any In-Game Digital Assets advertised or sold by Sellers, or of the integrity, responsibility, or any actions of any users. Gameplay Galaxy makes no representations about any transactions or interactions, whether public, private, online or offline, including with regard to the suitability, reliability, timeliness or accuracy thereof.
Without limiting the foregoing, by using the Marketplace and Service, you represent and warrant that: (a) you are not located in, ordinarily resident in, or organized under the laws of any jurisdiction that is subject to a comprehensive U.S. Government embargo (“Embargoed Jurisdiction” or “Restricted Territories”); (b) you are not subject to any sanctions administered by an agency of the U.S. Government, any other government, or the United Nations (collectively, “Sanctions”); (c) if you are an entity, you are not owned or controlled, directly or indirectly, by any person that is subject to Sanctions, or that is located in, ordinarily resident in, or organized under the laws of, any Embargoed Jurisdiction; (d) if you are an entity, none of your officers, managers, directors, shareholders or authorized representatives is subject to Sanctions, or is located in, ordinarily resident in, or organized under the laws of, any Embargoed Jurisdiction, or is owned or controlled, directly or indirectly, by any person that is subject to Sanctions or that is located in, ordinarily resident in, or organized under the laws of, any Embargoed Jurisdiction; (e) you have not transacted and will not transact with any person or entity falling into any of (a)-(d); (f) you have not transacted and will not transact for the benefit of any person or entity falling into any of (a)-(d). You further covenant that the foregoing shall be true during the entire period you have an account with us. If you access or use the Marketplace or the Services outside the United States, you are solely responsible for ensuring that your access and use of the Marketplace in such country, territory or jurisdiction does not violate any applicable laws. Gameplay Galaxy may require you to provide additional information and documents in certain circumstances, such as at the request of any government authority, as any applicable law or regulation dictates, to provide you with a requested service, or to investigate a potential violation of these Terms of Service. In such cases, Gameplay Galaxy, in its sole discretion, may disable your account and block your ability to access the Service, including the Marketplace, until such additional information and documents are processed by Gameplay Galaxy. If you do not provide complete and accurate information in response to such a request, Gameplay Galaxy may refuse to restore your access to the Service, and the Marketplace.
You also represent and warrant that you will comply with all applicable laws (e.g., local, state, federal and other laws) in connection with using the Marketplace. We may need to restrict, suspend, or terminate your access to the Marketplace, for any or no reason, in our sole discretion.
Marketplace Payment Terms: Marketplace transactions involving your Wallet and In-Game Digital Assets may be subject to commissions, fees, royalties and other charges including, but not limited to: (1) a royalty commission paid by the seller for any In-Game Digital Assets and may be deducted from the total proceeds (such royalty determined by Gameplay Galaxy in its sole discretion or any applicable third-party issuer, as applicable); (2) a standard fee paid by the buyer in addition to the sale price for all types of sales transactions made on the Site that shall be deducted from the total proceeds (such fee determined by Gameplay Galaxy in its sole discretion); and (3) Gas Fees. Before you pay any fees, you agree that you have had an opportunity to review and accept the fees that you will be charged. All Marketplace commissions, fees, and royalties are denominated in ETH or other cryptocurrency or fiat currency and are non-refundable. Gameplay Galaxy assumes no obligation or duty to provide notice in advance of changes to the Marketplace fees or other Marketplace settings.
Marketplace Restrictions: You cannot use or allow others to use the Marketplace for any type of illegal economic activity. You are forbidden from engaging in any type of transaction for the purpose of illegally concealing economic activity, laundering money, violating U.S. sanction, or financing terrorism. In furtherance of the foregoing, you agree to report any suspicious activity related that they become aware of. The Marketplace depends on the honest and lawful participation of all its users. In addition to ensuring compliance with applicable law and comporting with general principles of fairness and honest, a the Conditions of Access and Use set forth below, you understand and agree that: a) You are forbidden from engaging in any behavior, whether on or off of the Marketplace, with the intent to artificially devalue, inflate, or otherwise deceptively influence, misrepresent, or cause to be misrepresented the actual or apparent price or value of any In-Game Digital Asset(s); (b) You are forbidden from bidding on, purchasing, making offers on, or attempting to influence the price of any In-Game Digital Asset(s) that you already own or control though any of your digital wallets, whether or not the digital wallet is a registered user of the Services; (c) You are forbidden from participating in, facilitating, assisting, or knowingly transacting with any pool, syndicate or joint account organized for the purpose of unfairly or deceptively influencing the market price of any In-Game Digital Asset(s); (d) You are forbidden from marketing or promoting any In-Game Digital Asset(s) as investment products, securities, assets intended solely for resale, or otherwise in any manner that would suggest that any In-Game Digital Asset will appreciate in value; (e) You are forbidden from infringing or violating the intellectual property rights or any other rights of others; (f) You are forbidden from displaying, purchasing, or selling illegal content, such as content that may involve child sexual exploitation; (g) You are forbidden from displaying In-Game Digital Assets or other items that promote suicide or self-harm, incite hate or violence against others, or dox another individual (h) You are forbidden from using the Marketplace with the proceeds of unlawful activity or with a Wallet used to engage in unlawful activity; (i) You are forbidden from using the Marketplace in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Marketplace.
Conditions of Access and Use
User Conduct: You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages, and other materials (collectively, “content”) that you make available to Gameplay Galaxy, including by uploading, posting, publishing, or displaying hereinafter, “upload(ing)”) via the Service or by emailing or otherwise making available to other users of the Service (collectively, “User Content”). The following are examples of the kinds of content and/or uses that are illegal or prohibited by Gameplay Galaxy. Gameplay Galaxy reserves the right to investigate and take appropriate legal action against anyone who, in Gameplay Galaxy’s sole discretion, violates this provision, including removing the offending content from the Service, suspending or terminating the account of such violators, and reporting the violator to law enforcement authorities. You agree to not use the Service to: (a) transmit or otherwise upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, discriminatory, or otherwise objectionable; or (vii) in the sole judgment of Gameplay Galaxy, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose Gameplay Galaxy or its users to any harm or liability of any type; (b) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service; (c) violate any applicable local, state, national, or international law, or any regulations having the force of law; (d) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; e) solicit personal information from anyone under the age of 18; f) harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications; (g) advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized; h) further or promote any criminal activity or enterprise or provide instructional information about illegal activities; (i) obtain or attempt to access or otherwise obtain any content or information through any means not intentionally made available or provided for through the Service; j) circumvent, remove, alter, deactivate, degrade, or thwart any of the content protections in or geographic restrictions on any content (including Service Content) available on or through the Service, including through the use of virtual private networks; or (k) engage in or use any data mining, scraping, or similar data gathering or extraction methods. If you are blocked by Gameplay Galaxy from accessing the Service (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address or virtual private network).
Mobile Services and Software
Mobile Services: The Service includes certain services that are available via a mobile device,
including (i) the ability to upload content to the Service via a mobile device, (ii) the ability to browse the Service and the Site from a mobile device, and (iii) the ability to access certain features and content through Mobile Apps (collectively, the “Mobile Services”). To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates, and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices.
Telephonic Communications Services: By using the Service and providing us with your
telephone number(s), you are consenting to be contacted by Gameplay Galaxy or its affiliates or partners by telephone (including on a recorded line), automated calling, automated telephone dialing system calling, automated system calling, artificial voice or pre-recorded calling, text message, SMS and/or MMS message, fax, or other telephonic or electronic means for marketing, solicitation, informational or another purposes, even if your telephone number(s) is registered on the National Do Not Call List, a state Do not Call List, or the internal Do Not Call List of Gameplay Galaxy or its affiliates or partners. You may be required to respond to an initial call or message as instructed to complete your registration and confirm enrollment to receive such calls, texts or other telephonic communications. You do not have to consent to receive calls or text messages from Gameplay Galaxy or its affiliates or partners for marketing or solicitation purposes to purchase Gameplay Galaxy’s products or services. In the event you no longer wish to receive such calls, text messages or other telephonic communications, you agree to notify Gameplay Galaxy or its affiliates or partners, as applicable, directly. In the event you change or deactivate your telephone number, you agree to promptly update your Gameplay Galaxy account information to ensure that your messages are not sent to a person that acquires your old telephone number. There is no additional charge for telephonic communications, but your carrier’s standard message and data rates apply to any calls, text messages, SMS or MMS messages you send or receive. Your carrier may prohibit or restrict certain mobile features and certain mobile features may be incompatible with your carrier or mobile device. We are not liable for any delays in the receipt of, or any failures to receive, any calls, text messages, SMS or MMS messages, as delivery is subject to effective transmission by your mobile carrier and compatibility of your mobile device. Please contact your mobile carrier if you have any questions regarding these issues or your mobile data and messaging plan. By reply to any text, SMS or MMS message you receive from us, you may text “STOP” to cancel or “HELP” for customer support information. If you choose to cancel text, SMS or MMS messages from us, you agree to receive a final message from us confirming your cancellation. You can also invite others to use the Service through the Communication Services by providing the numbers of those you want to invite or by selecting the individuals you want to invite from your contacts list (if you have uploaded one), and taking the actions to send those individuals an invitation message. By inviting others to use the Service, you represent to us that those you invite consent to receive the invitation messages and that you are authorized to convey that consent to us.
Mobile App License: Subject to these Terms of Service, Gameplay Galaxy hereby grants to you
a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to (a) install the Mobile App on one mobile device and (b) use the Mobile App for your own personal use solely to access and use the Service. For clarity, the foregoing is not intended to prohibit you from installing the Mobile App on another device on which you also agreed to these Terms of Service. Each instance of these Terms of Service that you agree to in connection with downloading a Mobile App grants you the aforementioned rights in connection with the installation and use of the Mobile App on one device.
Ownership; Restrictions: The technology and software underlying the Service or distributed in
connection therewith are the property of Gameplay Galaxy, its affiliates, and its licensors (including the Mobile Apps, the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Gameplay Galaxy.
Special Notice for International Use; Export Controls: Gameplay Galaxy is headquartered in
the United States. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction. Software available in connection with the Service and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws. Downloading, accessing or using the Software or Services is at your sole risk.
Payment Processing: Gameplay Galaxy may decide that certain payment processing and
related services (e.g., Wallet management, card acceptance, merchant settlement) for the Services will be performed by Gameplay Galaxy ’s third-party dApp providers, such as Metamask ( a “dApp Provider”). Your use of the Services and the payment processing and related services provided by a dApp Provider is subject to your agreement(s) with such dApp Provider for such Services and payment processing and related services, as may be modified by the dApp Provider from time to time (collectively, “dApp Provider Agreement”). As a condition of using the dApp Provider’s payment processing and related services, you must provide accurate and complete information, and you authorize us to share this information with the dApp Provider and to charge your payment method for all amounts that may become due under this Agreement. Your use of the dApp Provider’s payment processing and related services is conditioned upon your compliance with the dApp Provider Agreement, and if the dApp Provider Agreement is terminated by the dApp Provider, you may not be able to use the Services, or you may have your use of the Services suspended or terminated. We may change or add other payment processing services at any time upon notice to you, which may be subject to additional terms or conditions. We will have no control over the dApp Provider’s payment processing and related services and cannot reverse or refund any transactions
Third-Party Distribution Channels: Gameplay Galaxy offers Software that may be made
available through the Apple App Store, the Google Play Store, or other distribution channels (“Distribution Channels”). If you obtain such Software through a Distribution Channel, you may be subject to additional terms of the Distribution Channel. These Terms of Service are between you and us only, and not with the Distribution Channel. To the extent that you utilize any other third-party products and services in connection with your use of the Service, you agree to comply with all applicable terms of any agreement for such third-party products and services.
Apple-Enabled Software: With respect to Mobile Apps that are made available for your use in
connection with an Apple-branded product (the “Apple-Enabled Software”), in addition to the other terms and conditions set forth in these Terms of Service, the following terms and conditions apply:
- Gameplay Galaxy and you acknowledge that these Terms of Service are concluded between
Gameplay Galaxy and you only, and not with Apple Inc. (“Apple”), and that as between Gameplay Galaxy and Apple, Gameplay Galaxy, not Apple, is solely responsible for the Apple-Enabled Software and the content thereof. - You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with the Usage Rules set forth for Apple-Enabled Software in, or otherwise be in conflict with, the Apple Media Services Terms and Conditions.
- Your license to use the Apple-Enabled Software is limited to a non-transferable license to use the Apple-Enabled Software on an iOS product that you own or control, as permitted by the “Usage Rules” set forth in the Apple Media Services Terms and Conditions, except that such Apple-Enabled Software may be accessed and used by other accounts associated with the purchaser via Apple’s Family Sharing or volume purchasing programs.
- Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled Software.
- Apple is not responsible for any product warranties, whether express or implied by law. In the
event of any failure of the Apple-Enabled Software to conform to any applicable warranty, you
may notify Apple, and Apple will refund the purchase price for the Apple-Enabled Software, if any, to you; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Enabled Software, or any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty, which will be Gameplay Galaxy’s sole responsibility, to the extent it cannot be disclaimed under applicable law. - Gameplay Galaxy and you acknowledge that Gameplay Galaxy, not Apple, is responsible for
addressing any claims of you or any third party relating to the Apple-Enabled Software or your
possession and/or use of that Apple-Enabled Software, including: (a) product liability claims; (b)
any claim that the Apple-Enabled Software fails to conform to any applicable legal or regulatory
requirement; and (c) claims arising under consumer protection, privacy, or similar legislation. - In the event of any third-party claim that the Apple-Enabled Software or your possession and use of that Apple-Enabled Software infringes that third party’s intellectual property rights, as between Gameplay Galaxy and Apple, Gameplay Galaxy, not Apple, will be solely responsible for the
investigation, defense, settlement, and discharge of any such intellectual property infringement
claim. - You represent and warrant that (a) you are not located in a country that is subject to a U.S.
Government embargo, or that has been designated by the U.S. Government as a “terrorist
supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or
restricted parties. - If you have any questions, complaints, or claims with respect to the Apple-Enabled Software, they should be directed to [email protected]/.
- You must comply with applicable third-party terms of agreement when using the Apple-Enabled Software, e.g., your wireless data service agreement.
- Gameplay Galaxy and you acknowledge and agree that Apple, and Apple’s subsidiaries, are
third-party beneficiaries of these Terms of Service with respect to the Apple-Enabled Software,
and that, upon your acceptance of the terms and conditions of these Terms of Service, Apple will
have the right (and will be deemed to have accepted the right) to enforce these Terms of Service
against you with respect to the Apple-Enabled Software as a third-party beneficiary thereof.
Google-Sourced Software: The following applies to any Mobile App you download from the
Google Play Store (“Google-Sourced Software”): (a) you acknowledge that these Terms of Service are between you and Gameplay Galaxy only, and not with Google, Inc. (“Google”); (b) your use of Google- Sourced Software must comply with Google’s then-current Google Play Terms of Service; (c) Google is only a provider of Google Play where you obtained the Google-Sourced Software; (d) Gameplay Galaxy, and not Google, is solely responsible for Gameplay Galaxy’s Google-Sourced Software; (e) Google has no obligation or liability to you with respect to Google-Sourced Software or these Terms of Service; and (f) you acknowledge and agree that Google is a third-party beneficiary to these Terms of Service as it relates to Gameplay Galaxy’s Google-Sourced Software.
Intellectual Property Rights
Trademarks: The Gameplay Galaxy name and logos are trademarks and service marks of Gameplay Galaxy (collectively the “Gameplay Galaxy Trademarks”). Other products, service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Gameplay Galaxy. Nothing in these Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Gameplay Galaxy Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of Gameplay Galaxy Trademarks will inure to our exclusive benefit.
Third-Party Material: Under no circumstances will Gameplay Galaxy be liable in any way for any content or materials of any third parties (including users), including for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Gameplay Galaxy does not pre-screen content, but that Gameplay Galaxy and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, Gameplay Galaxy and its designees will have the right to remove any content that violates these Terms of Service or is deemed by Gameplay Galaxy, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
User Content: You represent and warrant that you own all right, title and interest in and to such
User Content, including all copyrights and rights of publicity contained therein. You hereby grant Gameplay Galaxy and its affiliated companies, successors, and assigns a non-exclusive, worldwide, royalty-free, fully paid-up, transferable, sublicensable (directly and indirectly through multiple tiers), perpetual, and irrevocable to copy, display, upload, perform, distribute, store, modify, and otherwise use your User Content, in any form, medium or technology now known or later developed, (a) in connection with the operation of the Service, (b) to develop and improve the Service and other Company offerings, (c) for the promotion, advertising or marketing of the foregoing; and (d) as otherwise set forth in our Privacy Policy. You assume all risk associated with your User Content and the transmission of your User Content, and you have sole responsibility for the accuracy, quality, legality and appropriateness of your User Content. You hereby authorize Gameplay Galaxy and its third-party service providers to derive statistical and usage data relating to your use of the Service (“Usage Data”). We may use Usage Data for any purpose in accordance with applicable law and our Privacy Policy. Any questions, comments, suggestions, ideas, feedback, reviews, or other information about the Service (“Submissions”), provided by you to Gameplay Galaxy are non-confidential and Gameplay Galaxy will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment, attribution, or compensation to you. You acknowledge and agree that Gameplay Galaxy may preserve User Content and may also disclose User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws, or government requests; (b)enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Gameplay Galaxy, its users, or the public. You understand that the technical processing and transmission of the Service, including your User Content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.
Third-Party Services and Websites
The Service may provide links or other access to services, sites, technology, and resources that are provided or otherwise made available by third parties (the “Third-Party Services”). Additionally, you may enable or log in to the Service via various online Third-Party Services, such as social media and social networking services like Telegram, Discord, Facebook, or Twitter. Your access and use of the Third-Party Services may also be subject to additional terms and conditions, privacy policies, or other agreements with such third party, and you may be required to authenticate to or create separate accounts to use Third-Party Services on the websites or via the technology platforms of their respective providers. Some Third-Party Services will provide us with access to certain information that you have provided to third parties, including through such Third-Party Services, and we will use, store and disclose such information in accordance with our Privacy Policy. For more information about the implications of activating Third-Party Services and our use, storage and disclosure of information related to you and your use of such Third-Party Services within the Service, please see our Privacy Policy. Gameplay Galaxy has no control over and is not responsible for such Third-Party Services, including for the accuracy, availability, reliability, or completeness of information shared by or available through Third-Party Services, or on the privacy practices of Third-Party Services. We encourage you to review the privacy policies of the third parties providing Third-Party Services prior to using such services. You, and not Gameplay Galaxy, will be responsible for any and all costs and charges associated with your use of any Third-Party Services. Gameplay Galaxy enables these Third-Party Services merely as a convenience and the integration or inclusion of such Third-Party Services does not imply an endorsement or recommendation. Any dealings you have with third parties while using the Service are between you and the third party. Gameplay Galaxy will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any Third-Party Services.
Indemnification
To the extent permitted under applicable law, you agree to defend, indemnify, and hold harmless
Gameplay Galaxy, its affiliates, and its and their respective officers, employees, directors, service providers, licensors, and agents (collectively, the “Gameplay Galaxy Parties”) from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind, and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Service, your violation of any rights of another, your violation of applicable law, or your gross negligence or willful misconduct. Gameplay Galaxy will provide notice to you of any such claim, suit, or proceeding. Gameplay Galaxy reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section, and you agree to cooperate with any reasonable requests assisting Gameplay Galaxy’s defense of such matter. You may not settle or compromise any claim against the Gameplay Galaxy Parties without Gameplay Galaxy’s written consent.
Disclaimer of Warranties
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE GAMEPLAY GALAXY PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE GAMEPLAY GALAXY PARTIES MAKE NO WARRANTY THAT (A) THE SERVICE WILL MEET YOUR REQUIREMENTS; (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS;. CERTAIN IN-GAME DIGITAL ASSETS MAY BE NFTS. NFTS EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED IN THE ASSOCIATED BLOCKCHAIN OR BLOCKCHAIN SYSTEMS (E.G., ETHEREUM NETWORK). ANY TRANSFERS OR SALES OCCUR ON THE ASSOCIATED BLOCKCHAIN (E.G., ETHEREUM). GAMEPLAY GALAXY AND/OR ANY OTHER GAMEPLAY GALAXY PARTY CANNOT AFFECT OR OTHERWISE CONTROL THE TRANSFER OF TITLE OR RIGHT IN ANY NFTS OR UNDERLYING OR ASSOCIATED CONTENT OR ITEMS, INCLUDING IN-GAME DIGITAL ASSETS.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE GAMEPLAY GALAXY PARTIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING DAMAGES FOR LOSS OF GOODWILL, USE, OR DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE GAMEPLAY GALAXY PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE SERVICE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (E) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL THE GAMEPLAY GALAXY PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100). 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, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
Termination
You agree that Gameplay Galaxy, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including for lack of use or if Gameplay Galaxy believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Service, may be referred to appropriate law enforcement authorities. Gameplay Galaxy may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of these Terms of Service may be effected without prior notice, and acknowledge and agree that Gameplay Galaxy may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Gameplay Galaxy will not be liable to you or any third party for any termination of your access to the Service, or revoking any benefits, privileges, earned Virtual Items, and/ or purchases associated with your Gameplay Galaxy account, including Galaxy Credits. If we terminate your account or restrict your access or use of the Service, you retain ownership of your In-Game Digital Assets. If applicable, you may still access your In-Game Digital Assets through public blockchains and other Wallets, platforms, and/or websites.
User Disputes
You agree that you are solely responsible for your interactions with any other user in connection with the Service, and Gameplay Galaxy will have no liability or responsibility with respect thereto. If you have a dispute with one or more users, YOU RELEASE US FROM CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. IN ENTERING INTO THIS RELEASE, TO THE EXTENT PERMITTED BY LAW, YOU EXPRESSLY WAIVE ANY PROTECTIONS (WHETHER STATUTORY OR OTHERWISE) THAT WOULD OTHERWISE LIMIT THE COVERAGE OF THIS RELEASE TO INCLUDE THOSE CLAIMS WHICH YOU MAY KNOW OR SUSPECT TO EXIST IN YOUR FAVOR AT THE TIME OF AGREEING TO THIS RELEASE. Gameplay Galaxy reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.
General
These Terms of Service constitute the entire agreement between you and Gameplay Galaxy governing your access and use of the Service, and supersede any prior agreements between you and Gameplay Galaxy with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use Third-Party Services, third-party content or third-party software. These Terms of Service will be governed by the laws of the State of California without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and Gameplay Galaxy submit to the personal and exclusive jurisdiction of the state and federal courts located within San Francisco, California. The failure of Gameplay Galaxy to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of these Terms of Service and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign these Terms of Service without the prior written consent of Gameplay Galaxy, but Gameplay Galaxy may assign or transfer these Terms of Service, in whole or in part, without restriction. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. As used in these Terms of Service, the words “include” and “including,” and variations thereof, will not be deemed to be terms of limitation, but rather will be deemed to be followed by the words “without limitation.” Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service. Gameplay Galaxy will not be in default hereunder by reason of any failure or delay in the performance of its obligations where such failure or delay is due to civil disturbances, riot, epidemic, hostilities, war, terrorist attack, embargo, natural disaster, acts of God, flood, fire, sabotage, fluctuations or unavailability of electrical power, network access or equipment, or any other circumstances or causes beyond Gameplay Galaxy’s reasonable control.
ARBITRATION
Mandatory Arbitration of Disputes. We each agree that all Disputes will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and Gameplay Galaxy agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Terms, and that you and Gameplay Galaxy are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms.
Exceptions and Opt-out. As limited exceptions to the above: (i) you may seek to resolve a Dispute in small claims court if it qualifies; (ii) any Dispute involving the infringement or misappropriation of our intellectual property rights may be resolved in court and need not be resolved through arbitration; and (iii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights. In addition, you will retain the right to opt out of arbitration entirely and litigate any Dispute if you provide us with written notice of your desire to do so by email at [INSERT EMAIL] within thirty (30) days following the date you first agree to these Terms.
Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written demand for arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org.
If your claim is for U.S. $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic or video-conference hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds U.S. $10,000, the right to a hearing will be determined by the AAA Rules. Any arbitration hearings will take place in the county (or parish) where you live, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.
Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. We’ll pay for all filing, administration and arbitrator fees and expenses if your Dispute is for less than $10,000, unless the arbitrator finds your Dispute frivolous. If we prevail in arbitration we’ll pay all of our attorneys’ fees and costs and won’t seek to recover them from you. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.
Class Action Waiver. YOU AND GAMEPLAY GALAXY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void.
Effect of Changes on Arbitration. Notwithstanding the provisions of Section 2 “Changes to Terms or Platform” above, if we change any of the terms of this Section “Dispute Resolution” after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to [INSERT EMAIL]) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of our email or other communication to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and us in accordance with the terms of this Section “Dispute Resolution” as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
Severability. With the exception of any of the provisions in Section of these Terms of Service (“Class Action Waiver”), if an arbitrator or court of competent jurisdiction decides that any part of these Terms is invalid or unenforceable, the other parts of these Terms will still apply.
Team, highlighting that your previous terms had California law and San Francisco for jurisdiction in the event of claims.