Terms of Service

Terms of Service

Effective Date: 30 May 2024

1. Introduction

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," "your") and Day One Games (BVI) Limited ("Company," "we," "us," "our"). By accessing or using our video game platform ("Game"), you agree to be bound by these Terms, our Privacy Policy, and any additional terms applicable to specific services and features. If you do not agree to these Terms, do not use the Game.

2. Eligibility

You must be at least twenty-one (21) years old and have the legal capacity to enter into this agreement. By using the Game, you represent and warrant that you meet these requirements.

3. Use of Ethereum and Ball Points

3.1. Spending Ethereum: Users may spend Ethereum to spin a wheel within the Game.

3.2. Prizes: Prizes may include jackpot titles and Ball points.

3.3. Redemption of Ball Points: Ball points can be redeemed for $BALL, the governance token of the Game, which grants voting rights within the Game's treasury.

3.4 Jackpots: Jackpot title holders will redeem a share of the jackpot at the end of each round.

4. Game of Skill

The Game is designed as a game of skill where the timing of your actions significantly influences your success, due to the ability to claim a jackpot title at the very last moment. Your ability to win prizes is contingent upon your skill in spinning the wheel at the right moment.

5. No Liability for Losses

You acknowledge and agree that the Company has no liability for any losses you may incur while using the Game. This includes, but is not limited to, losses of Ethereum, Ball points, or $BALL. You assume all risks associated with the use of the Game.

6. Governance Token

$BALL is the governance token of the Game and grants voting rights for the treasury. It is not intended to be a security or an investment and does not grant any passive return to $BALL holders. The Company makes no representation or warranty about the value of $BALL and does not guarantee any future value or return.

7. User Responsibilities

7.1. Account Security: You are responsible for maintaining the security of your account and any Ethereum or Ball points associated with it.

7.2. Compliance with Laws: You must comply with all applicable laws and regulations while using the Game.

7.3. Prohibited Uses: You must not use the Game for any illegal or unauthorized purpose.

8. Termination

The Company reserves the right to suspend or terminate your access to the Game at any time, for any reason, without notice. Upon termination, all provisions of these Terms which by their nature should survive termination shall survive, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

9. Changes to Terms

The Company may revise these Terms from time to time at its sole discretion. We will notify you of any changes by posting the new Terms on our platform. Your continued use of the Game after such changes constitutes your acceptance of the new Terms. You are advised to review these Terms periodically for any changes.

10. Dispute Resolution

10.1. Arbitration: Any disputes arising out of or in connection with these Terms shall be resolved through binding arbitration in accordance with the rules of the [Insert Arbitration Association]. The place of arbitration shall be the British Virgin Islands.

10.2. Governing Law: These Terms shall be governed by and construed in accordance with the laws of the British Virgin Islands, without regard to its conflict of law principles.

11. Intellectual Property

11.1. Ownership: All intellectual property rights in the Game and its content are owned by the Company or its licensors.

11.2. User Content: By submitting any content to the Game, you grant the Company a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and distribute such content.

12. Limitation of Liability and Indemnification

12.1. Limitation of Liability: To the fullest extent permitted by law, the Company shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (i) your use or inability to use the Game; (ii) any unauthorized access to or use of our servers and/or any personal information stored therein; (iii) any interruption or cessation of transmission to or from the Game.

12.2. Indemnification: You agree to indemnify, defend, and hold harmless the Company, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees) arising from your use of and access to the Game, your violation of any term of these Terms, or your violation of any third-party right, including without limitation any intellectual property or privacy right.

13. Miscellaneous

13.1. Force Majeure: The Company shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond the Company's reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation.

13.2. Assignment: These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by the Company without restriction.

13.3. Entire Agreement: These Terms constitute the entire agreement between you and the Company regarding your use of the Game and supersede all prior agreements and understandings, whether written or oral, relating to such subject matter.

13.4. Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue to be valid and enforceable to the fullest extent permitted by law.

13.5. Waiver: The Company's failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

By accessing or using the Game, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.

Day One Games (BVI) Limited

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