WarGames Terms of Use Agreement

Our Privacy Policy is subject to this ToU. There are terms in the Privacy Policy that materially affect how your personal information is stored, accessed, and processed. As such, you should read our Privacy Policy in addition to this ToU.

This Terms of Use Agreement (the “ToU”) is made between WarGames (“we,” “us,” or “our”) and you, the individual choosing to use our services (“you,” or “your”). This ToU applies to all online services operated by WarGames, including our website wargames.app (the “Site”), our social media accounts, and any future WarGames online services that we develop (collectively the “Online Services”).

Acceptance of ToU

By accessing our Online Services, it is assumed that you have read this ToU and that you agree to comply and be legally bound by the terms and conditions it sets out.

Changes to ToU

From time to time, we may need to make changes to this ToU and may do so at any time. The date at the top of this ToU represents when this ToU was last revised. It is important to check this ToU from time to time to ensure that you are all up to date. By continuing to access or use our Online Services after a change has occurred, you agree to be bound by our updated ToU.

Third-Party Websites and Online Services

Our Online Services may contain links to third-party websites, or we may utilize services that are not owned or controlled by WarGames. Be aware that we have no control over and assume no responsibility for any third-party website or service's content, privacy policies, or practices.

We do not warrant the offerings of any third party and are not responsible or liable for any damage or loss caused, or alleged to be caused, by your use or reliance on content, goods, or services available through third parties. We strongly advise you to read the terms and conditions and privacy policies of any third-party website or service you engage with.

WALLET TRANSFERS INITIATED THROUGH OUR SITE AND SUBSEQUENT SALES ARE FACILITATED AND RUN BY THIRD-PARTY ELECTRONIC WALLET PROVIDERS AND PAYMENT PROCESSORS, AND BY USING OUR SITE, YOU AGREE THAT YOU ARE GOVERNED BY THE TERMS OF SERVICE AND PRIVACY POLICIES FOR THESE APPLICABLE THIRD PARTIES.

Description of Our Online Services

WarGames is an innovative platform that allows users to interact with our unique algorithms to customize and experiment with generative art. All users of WarGames (the “Users”) will be able to interact with the platform, customize pieces of generative art, and download the resulting work for personal, non-commercial use. Users that connect their wallet and purchased a WarGames token via our auction hosted on Blur or in secondary markets are able to save their custom piece of generative art (the “Work”) in their queue and submit Works in their queue for consideration for inclusion in the WarGames Epic Collection and WarGames Labs Collection. We may introduce new services and features to the WarGames platform from time to time, which will also be subject to this ToU.

What are Non-Fungible Tokens (NFTs)?

“Non-fungible tokens” are built up of data that are then stored on the blockchain (a digital ledger). The word fungible means interchangeable or replaceable; so a token that is non-fungible is a token that can’t be replaced: it’s unique. When a person purchases that non-fungible token, they are purchasing a unique code that gives access to a particular version of the content.

What is WarGame’s Role?

WarGames provides an immersive platform allowing Users to experiment with our algorithms and customize generative art. We are not a broker, financial institute, or creditor.

Connecting to WarGames

If you want to save or submit a Work you customized, you need to follow these steps:

• To access the full functionality of the WarGames app, including to save a Work to your queue and submit Work for consideration for the WarGames Epic Collection and WarGames Labs Collections, you will need to link your wallet via MetaMask or WalletConnect. We will save your public key wallet address to our server but will never gain access to your private key. We are not liable and do not have access to these third-party accounts. For more detail on what information we store, and what rights you have, please read our Privacy Policy.

• To Connect with WarGames, you may also be required to create other third-party accounts to interact with our other Online Services, such as our social media platforms. We are not liable and do not have access to these third-party accounts.

Our Intellectual Property

Your use of the WarGames Site and Online Services does not grant or transfer you any rights, title, or interest in any of our intellectual property. You are not permitted to copy, distribute or otherwise exploit any copyrighted content that we have created and published on our Online Services or any of our trademarks or service marks such as the WarGames name, logo, domain name, and any other branding that is indicative of WarGames, without our express written permission. We may use some open source or licensed third-party content in our Online Services, for example, fonts and graphics, and we do not make any claim of ownership to such content.

WarGames’s Rights in the Works

We are excited to have you experiment with our algorithms and generate custom art as a User. We hope you enjoy the experience and the resulting Work. We put a lot of work into these algorithms and, unless we expressly state otherwise, WarGames is the exclusive owner of all right, title, and interest in and to the results and proceeds of Works customized on the Site including all copyrights, other intellectual property rights, and exploitation rights, in perpetuity, throughout the universe, in any and all media, except as otherwise stated within this ToU.

By continuing to use the Online Services, you irrevocably and unconditionally:

• Assign, transfer, and otherwise convey to WarGames all of the results and proceeds of your contributions to the Works and all right, title, and interest in and to Works customized on the Site as well as any resulting NFT if minted, including all intellectual property rights therein, which include all registration, renewal, and reversion rights, and the right to register and sue to enforce such copyrights against infringers, alleged infringers, and potential infringers; and

• Waive all claims you may have, now or later, in any jurisdiction to “moral rights” or rights of droit moral with respect to Works customized on the Site and resulting NFTs.

Grant of License to All Users

WarGames grants to all Users a limited, non-exclusive, non-transferable, revocable license to access and use WarGames Online Services and to customize, download, adapt, display, and share the Works for personal, non-commercial purposes only provided WarGames is appropriately credited as the owner, and you indicate if changes have been made to the Work.

WarGames reserves the right to terminate this license at any time, for any reason.

YOU UNDERSTAND THAT CUSTOMIZATION OF A WORK DOES NOT MEAN THAT YOU OWN INTELLECTUAL PROPERTY OWNERSHIP RIGHTS IN SUCH MATERIAL OR CONTENT AND THAT YOU DO NOT HAVE COMMERCIAL REPRODUCTION RIGHTS OR ANY OTHER RIGHTS REGARDING THE MATERIAL OR CONTENT BEYOND THE LIMITED NON-COMMERCIAL LICENSE GRANTED ABOVE. THE RESULTS AND PROCEEDS OF YOUR CONTRIBUTIONS TO THE WORKS ARE TRANSFERRED TO US IN ACCORDANCE WITH THIS AGREEMENT.

For purposes of clarity, you may not:

• use the Work to advertise, market, or sell any product or service;

• use the Work in any manner which would constitute or amount to an endorsement of or relationship with any particular third party, entity, product, product category, charity, political party, or service;

• use the Work in connection with images, videos, or other forms of media or content that depict or promote violence, hatred, sexual conduct, illicit drugs or anything else that could reasonably be found to constitute hate speech or otherwise infringe upon the rights of others;

• use the Work in movies, videos, or other forms of media, except solely for your own personal, non-commercial use;

• sell, distribute, or otherwise commercialize merchandise that depicts, embodies, contains, or consists of the Work;

• attempt to trademark, copyright, or otherwise acquire any intellectual property rights in the Work except for the limited license granted pursuant to these this ToU; or

• otherwise use the Work for your or any third party’s commercial benefit.

Notwithstanding anything in this ToU to the contrary, you will have ownership in the legal title of the WarGames Token. The ownership in the WarGames Token, NFT and license granted in this ToU applies only as long as you continue to own title to the WarGames Token and/or NFT. If at any time you sell, trade, donate, give away, transfer, or otherwise dispose of the WarGames Token or NFT for any reason, the new owner will assume legal title in the WarGames Token/NFT and the license granted in this ToU will immediately expire, resulting in you having no further rights in or to the WarGames Token/NFT beyond the right to collect royalties on subsequent sales from the NFT (if the NFT is sold as opposed to the WarGames Token) as set forth in this ToU.

Assumption of Risk Associated with NFTs

WarGames is not liable for any losses, damages, or claims, including, but not limited to, any loss of use, loss of profits, or loss of data arising out of your purchase of NFTs in connection with our Online Services or otherwise. WarGames Online Services are provided on an “as is” basis without any WARRANTIES OR GUARANTIES of any kind regarding your use of NFTs or regarding the laws and regulations surrounding NFTs in your jurisdiction. By using WarGames Online Services, you assume all risks associated with NFTs. You warrant that you understand that the risk of loss in the participation and use of NFTs can be substantial and understand that NFTs are volatile in price fluctuations.

You are solely responsible for the following:

• Determining and complying with all laws and regulations that may relate to your use of our Online Services per your jurisdiction of residence, including, but not limited to, securities and tax laws; and

• Ensuring that your wallet keys and account passwords are held in a secure place, are not susceptible to being misplaced or stolen, and are stored in a place that is reliable, secure, and resistant to cyber-attacks and fraud.

User Guidelines

To ensure that the WarGames Platform is enjoyable for everyone, we have established some ground rules you must follow while using our Online Services. By using our Online Services, you agree that you will not:

• use any automated means (including bots, scrapers, and spiders) to interact with our Online Services;

• use the WarGames Online Service to facilitate the sending of “spam” or unsolicited commercial email;

• circumvent or attempt to circumvent any technology used by WarGames to protect our Online Services and/or Users;

• use or attempt to use unauthorized third parties to connect to our Online Services;

• share your private wallet keys or account passwords with others;

• use any other individual’s wallet or account to access our Online Services;

• remove or alter any intellectual property notices, including for the purpose of changing the source of ownership of any content featured;

• connect another wallet or payment account once we’ve disconnected a previous one you were using;

• buy, sell, lease or rent your wallet or payment account;

• share, copy, distribute, sell, lease, rent, exploit or otherwise make available for commercial use any content hosted on WarGames that is not solely owned by you;

• upload or share any content that is not solely owned by you or that you have not secured the rights, licenses, and appropriate authorizations in;

• upload or share any content that infringes or violates the rights of any third-party, including, without limitation, any intellectual property rights, performers’ rights, rights of privacy, rights in contract, rights of publicity, or rights in confidential information;

• upload or share any content that is unlawful, abusive, defamatory, pornographic, or obscene; and

• upload or share any content that incites violence, terrorism, illegal acts, or hatred on the grounds of race, ethnicity, cultural identity, religious belief, disability, gender identity, or sexual orientation.

Third-Party Social Networking

When engaging with WarGames and other WarGames users on third-party social networking sites, you are subject to the terms of use of that third-party site. WarGames may choose to delete comments and moderate content to the extent permissible under the terms of that site.

Suspension and Termination of Users

• Involuntary TerminationWarGames will make best efforts to notify you if we have a reason to believe that you have violated this ToU and may issue you a written warning outlining the behavior we believe is in violation. However, we reserve the right to suspend or terminate your access to our Online Services without warning at any time.

• Voluntary TerminationYou are free to voluntarily disconnect your wallet from our Site using the same third-party site that you used to connect your wallet. After disconnecting your wallet, we cannot guarantee that your Works will be available when you reconnect your wallet. We cannot guarantee that ALL information you have previously provided to WarGames will be deleted when you disconnect from WarGames, and we reserve the right to keep some information as required by law or necessary for our legitimate business purposes.

Copyright Policy

We respect the intellectual property rights of others. It is our policy to respond to and investigate any claim that content posted on our Online Services infringes on the copyright or other intellectual property rights of any person or entity. If you are a copyright owner or an authorized agent of a copyright owner, and you believe that content on our Online Services infringes on another copyrighted work, please submit your claim via email to wargames@fine.digital, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged infringement. In accordance with 17 U.S.C. 512(c)(3) of the Digital Millennium Copyright Act (DMCA), your claim must include:

• an electronic or physical signature of the copyright owner or the person authorized to act on behalf of the copyright owner;

• a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;

• identification of the URL or other specific location on our Platform where the material that you claim is infringing is located;

• your address, telephone number, and email address;

• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

• a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized agent permitted to act on the copyright owner’s behalf.

Please be aware that you may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims relating to content that you report as being allegedly infringing in nature.

Testimonials & Reviews Disclaimer

Our Online Services may contain testimonials and reviews of our Online Services by our Users. While based on the real-life experiences and opinions of such Users, such opinions do not reflect the experiences of all of our Users, and User experiences with our Online Services may vary. The views and opinions in such reviews and testimonials solely belong to the User and do not reflect our views and opinions.

Representations and Warranties

• WarGames’s Representations and Warranties: WARGAMES PLATFORM AND ONLINE SERVICES ARE PROVIDED “AS IS” AND “WITH ALL FAULTS.” WARGAMES MAY USE REASONABLE EFFORTS TO CORRECT ERRORS AND OMISSIONS IN WARGAMES’S ONLINE SERVICES. HOWEVER, WARGAMES EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND OR NATURE, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE FULLEST EXTENT THAT THE LAW OF THE JURISDICTION PERMITS. WARGAMES DOES NOT WARRANT THAT USER’S USE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT RETROACTIVE NFT TRANSFERS OR PAYMENT TRANSFERS WILL BE MADE IF ERRORS OCCUR. WARGAMES IS NOT RESPONSIBLE FOR ENSURING THAT USERS’ NFT WALLET INFORMATION AND PAYMENT INFORMATION PROVIDED TO WARGAMES IS CORRECT OR THAT USERS’ NFT WALLET AND PAYMENT INFORMATION IS SECURE. WARGAMES WILL NOT BE LIABLE FOR RETROACTIVE NFT TRANSFERS THAT USER DID NOT RECEIVE OR LOST DUE TO SUBMISSION OF WALLET MISINFORMATION, LOSS OF ACCESS TO WALLET KEYS, SERVER FAILURE, DATA LOSS, OR UNANTICIPATED DEFECTS OR ERRORS IN THE WARGAMES PLATFORM, NFT WALLET, PAYMENT PROCESSOR, OR ANY OTHER THIRD PARTY. WARGAMES AT ALL TIMES RESERVES THE RIGHT TO CEASE OFFERING SERVICES AND/OR CEASE TO HOST CUSTOMIZATION, MINTING, OR ANY OTHER OFFERING. IN SUCH AN EVENT USER UNDERSTANDS THAT THEY MAY NO LONGER HAVE ACCESS TO WORKS CUSTOMIZED ON THE WARGAMES PLATFORM.

• User Representations and Warranties

By using WarGame’s Online Services, you represent and warrant that:

• You are free to enter into and comply with this ToU and are not under any disability, restriction, or prohibition, contractual or otherwise, that prevents you from entering into this ToU;

• You are fully liable for all materials and content provided by you to WarGames or shared in association with WarGames;

• You have read and agree to this ToU and will not use WarGames Online Services for any fraudulent or inappropriate purpose or in a way that violates this ToU; and

• You assume all risks associated with NFT use and investment.

Limitation of Liability

IN NO EVENT WILL WARGAMES BE LIABLE FOR ANY CLAIMS IN REGARDS TO USER-GENERATED CONTENT, FAILURE TO PROVIDE ACCURATE OR COMPLETE INFORMATION, FAILURE TO KEEP NFT WALLET OR PERSONAL INFORMATION CONFIDENTIAL, LOSS OF USE, LOSS OF DATA, CHANGES TO THE ONLINE SERVICES OR PLATFORM, TEMPORARY OR PERMANENT SUSPENSION OF ONLINE SERVICES, DAMAGE TO COMPUTER OR HARDWARE, SECURITY BREACHES, INTERRUPTION OF BUSINESS, LOST PROFITS, BREACH OF A THIRD-PARTY CONTRACT, OR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER RESULTING FROM AN ACTION UNDER CONTRACT, TORT, STRICT PRODUCT LIABILITY OR OTHERWISE THAT ARISE AS A RESULT OF YOUR USE OF OUR ONLINE SERVICES. IN NO EVENT WILL WARGAMES’ AGGREGATE LIABILITY UNDER THIS AGREEMENT EXCEED FIFTY US DOLLARS (USD $50). IF APPLICABLE LAW DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY ABOVE, WARGAMES’ LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE JURISDICTION. YOU ACKNOWLEDGE AND AGREE THAT SUCH LIMITATIONS AND EXCLUSIONS REFLECT A FAIR AND REASONABLE ALLOCATION OF RISK AND HAVE BEEN REACHED DUE TO FUNDAMENTAL BARGAINING BETWEEN YOU AND WARGAMES.

Indemnification

You agree to indemnify and hold WarGames harmless from any and all claims, losses, liability, damages, expenses, and costs (including attorney fees, mediation, arbitration, and court costs), resulting from:

• any breach by you of this ToU;

• any third-party claim arising from your creation, uploading, or sharing of content through our Online Services, including, but not limited to, claims of copyright infringement, trademark infringement, right of publicity, rights of privacy, breach of contract, defamation, fraud, misrepresentation, inaccuracy, discrimination, abuse, pornography or obscenity;

• any activity related to your interaction with our Online Services; and

• any investigation or claims brought as a result of your breach of tax and securities laws and regulations.

Release

User hereby releases and forever discharges WarGames (and our officers, employees, agents, successors, and assigns) from, and hereby waives and relinquishes, each and every past, present, and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to WarGames, the WarGames Online Services (including any interactions with, or act or omission of, other Users, or any third-party links and ads). IF USER IS A CALIFORNIA RESIDENT, USER HEREBY WAIVES CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

Use by Minors

Our Online Services are not targeted or intended to be used by people under the age of majority, and minors under the age of 13 are expressly prohibited. Permitted minors must have permission from their parent or guardian before accessing our Online Services. A parent or guardian who has permitted a minor to access our Online Services agrees to this ToU on behalf of the minor and is solely responsible for exercising supervision over the minor’s activities while using our Online Services.

Privacy, Cookies, and Data Protection

We care about your personal information; any personal information you provide to us is collected, stored, and processed by us and used according to our Privacy Policy. Our use of cookies and data protection systems are also explained in this policy.

International Users

WarGames Online Services are controlled, operated, and administered from our offices within the Zug, Switzerland and are not intended to be subject to the laws or jurisdiction of any country outside of the Switzerland. WE DO NOT REPRESENT OR WARRANT THAT OUR PLATFORM AND ONLINE SERVICES ARE APPROPRIATE, LEGAL, OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION OTHER THAN SWITZERLAND. Those who choose to access WarGames outside of the Switzerland do so on their own initiative and assume all risks associated with such access, including but not limited to any compliance with their particular jurisdictions’ laws and regulations and any Swiss export controls. We reserve the right to limit our Online Services, in whole or in part, to any geographic location or jurisdiction we choose.

Dispute Resolution

THIS SECTION OF OUR ToU SIGNIFICANTLY AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. PLEASE ENSURE THAT YOU READ THIS SECTION CAREFULLY AND FULLY UNDERSTAND THIS SECTION BEFORE USING AND ACCESSING OUR ONLINE SERVICES. THIS SECTION WILL SURVIVE TERMINATION OF THIS TOU AND ANY TERMINATION OF YOUR ACCESS TO OUR ONLINE SERVICES.

• Letting Us Know About Complaints

At WarGames, we hope that we can work out any complaints or differences that we may have with you respectfully and calmly. If you have any concerns about the Online Services that WarGames provides, please reach out to us to let us know. If we cannot work out our differences together, then the following mandatory binding arbitration will apply to resolve the dispute.

• Mandatory Binding Arbitration

If any controversy or claim arising out of, or relating to, this ToU, our Privacy Policy, or WarGame’s Online Services cannot be amicably resolved, such controversy or claim will be determined by binding arbitration rather than in a court of law. Except that mandatory binding arbitration will not apply with respect to any claims relating to infringement or misuse of intellectual property.

The binding arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes of the American Arbitration Association (the “AAA”) and administered by the AAA. Arbitration must be commenced by filing a demand for arbitration with the AAA within one (1) year after the claim occurs or within one (1) year of the party asserting the claim and becoming reasonably aware of the act or omission giving rise to the claim. If applicable law prohibits a one-year statute of limitations for asserting claims, claims must be asserted within the shortest period of time permitted by the applicable law. If an arbitrator determines a claim to be frivolous, you agree to reimburse WarGames for all fees associated with the arbitration, including attorneys’ fees and arbitration costs.

• Class Action Waiver

You agree to waive any right to participate in a class or representative action or proceeding and warrant that any claims brought against WarGames will be initiated only in your individual capacity. Any relief awarded by an arbitrator or otherwise will not affect other Users of WarGames Online Services.

Assignment

You are not entitled to assign this ToU or our Privacy Policy to any third party, in whole or in part, without the prior written consent of WarGames. WarGames reserves the right to assign this ToU, and our Privacy Policy in whole or in part, to any third party at any time without notice, including but not limited to any individual or entity acquiring all or substantially all of the WarGames business or assets.

Survival of Terms Beyond Termination

All provisions in this ToU and our Privacy Policy that specifically state or logically ought to survive the termination of our ToU, Privacy Policy, or the termination of a User’s access to our Online Services will survive such termination, including without limitation arbitration, representations and warranties, indemnification, limitation of liability, intellectual property ownership, and arbitration provisions.

Waiver and Severability

No waiver by WarGames of any term or condition in this ToU or our Privacy Policy will be deemed or construed to be a waiver of such term or condition in the future, or of any preceding or subsequent breach of the same or any other term or condition of this ToU or our Privacy Policy or any other agreement. If any term or condition in this ToU or Privacy Policy is declared to be invalid, illegal, or unenforceable, for any reason, the remainder of the provisions will remain in effect and will be enforceable to the fullest extent possible.

Applicable Law and Jurisdiction

Except where otherwise required by mandatory law, this ToU and our Privacy Policy is to be governed by and interpreted, constructed, and enforced in accordance with the laws of Switzerland and in the exclusive jurisdiction of Zug, Switzerland.

Entire Agreement

This ToU and our Privacy Policy represents the entire and exclusive agreement between WarGames and our Users. All previous written and oral agreements and communications related to the subject matter of this ToU and our Privacy Policy are superseded.

Contact Us

If you have any questions about this ToU, our Privacy Policy or the WarGames Online Services, or would like a copy of this ToU or our Privacy Policy mailed to you electronically, you can contact us directly at:

wargames@fine.digital