Guilds is now
We're building a new social sports app called Betty Sports.
Guilds User Agreement
M. Using our Game, Wallet, or Services to violate the law in any manner.
H. Termination/Cancellation of Contest and Refund of Entry Fee. Prior to the start of any contest, we reserve the right at any time to terminate and cancel any contest for any or no reason at all. Our termination and cancellation right is absolute. Players who have paid entry fees for a terminated or cancelled contest will have their entry fees refunded through a credit to their Wallet or account; however, we reserve the right to refuse refund to any player who violates these Terms.I. No Limitation on our Remedies. Players further acknowledge that the forfeiture and/or return of any prize amount shall in no way prevent us from pursuing criminal or civil proceedings in connection with such conduct.J. Waiver and Indemnification. By entering into a contest, contributing or paying in cryptocurrency to the Wallet, registering an account, linking a cryptowallet, or otherwise interacting with our Game, Wallet, Services, and Website, you agree to indemnify, release and to hold harmless us, our affiliates and agents, as well as the officers, directors, employees, shareholders, attorneys, and any of their representatives (collectively, the “Released Parties”), from any and all liability, claims or actions of any kind whatsoever, including but not limited to injuries, damages, or losses to persons and property which may be sustained in connection with participation in the contest, playing our Game, acquiring or transacting in any cryptocurrency, the receipt, ownership, use or misuse of any prize or while preparing for, participating in and/or traveling to or from any contest related activity, as well as any claims based on publicity rights, defamation, or invasion of privacy. We may, in our sole and absolute discretion, require a player to execute a separate release of claims similar to the one listed above in this paragraph as a condition of being awarded or receiving any prize. We are not responsible for: any incorrect, invalid or inaccurate entry information; human errors; postal delays/postage due mail; technical malfunctions; failures, including public utility or telephone outages; omissions, interruptions, deletions or defects of any telephone system or network, computer online systems, data, computer equipment, servers, providers, or software (including, but not limited to software and operating systems that do not permit an entrant to participate in a contest or any other Service associated transaction), including without limitation any injury or damage to any entrant’s or any other person’s computer or video equipment; inability to access the our Game, or any related Services; theft, tampering, destruction, or unauthorized access to, or alteration of, entries and/or images of any kind; data that is processed late or incorrectly or is incomplete or lost due to telephone, postal issues, computer or electronic malfunction or traffic congestion on telephone lines or transmission systems, or the Internet, or any service provider’s facilities, or any phone site or website or for any other reason whatsoever; typographical, printing or other errors, or any combination thereof. We are not responsible for incomplete, illegible, misdirected or stolen entries. If for any reason a contest is not capable of running as originally planned, or if a contest, computer application, or website associated therewith (or any portion thereof) becomes corrupted or does not allow the proper entry to a contest or other use of our Services in accordance with these Terms or applicable rules, or if infection by a computer (or similar) virus, bug, tampering, unauthorized intervention, actions by entrants, fraud, technical failures, or any other causes of any kind, in our sole opinion corrupts or affects the administration, security, fairness, integrity, or proper conduct of a contest or any other use of our Services, we reserve the right, at its sole discretion, to disqualify any individual implicated in such action and/or to cancel, terminate, extend, modify or suspend the contest or other activity associated with our Services. If such cancellation, termination, modification or suspension occurs, notification will be given.K. Hacking. ANY ATTEMPT BY A PLAYER OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE THE GAME OR UNDERMINE THE LEGITIMATE OPERATION OF ANY CONTEST OR OTHER ACTIVITY RELATED TO OUR SERVICES IS A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, WE RESERVE THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.5. Legal and Regulatory Compliance.A. Gaming Laws. You understand and agree that laws and regulations regarding payment of prizes, participation in competitions, use of cryptocurrency, and playing the Game (“Gaming Laws”) vary between the various states in the United States and among the different countries of the world. We do not make any representation or guarantee that your ability to access the Services or the Game from any particular location means that your activities in relation to the Game and Services comply with all applicable laws. It is your sole responsibility to research and determine your own compliance with all applicable laws.B. Additional Laws. It is your sole responsibility to determine whether there are any laws that prohibit or restrict your ability to access the Services, play the Game, and/or transact in cryptocurrency (“Other Laws”). Even if you are able to access our Game, Website, Services, and purchase and transact a cryptocurrency, it is your responsibility to verify all applicable federal, state, and local laws and regulations to ensure that your activities related to the Services and the Game comply with all those laws and regulations. You expressly understand, agree, and acknowledge that you will not undertake any activities related to our Game, Wallet, Website, or Service (including purchasing and transacting in any cryptocurrency) that violate any law or regulation.C. Your Representations and Warranties to Us. In consideration of accessing and/or using the Services (including the Game and the Wallet), you represent and warrant that: (i) You have the right, capacity, and authority to agree to and to be bound by these Terms, to register for an Account, and to play the Game and participate in related races; (ii) You will comply with these Terms; (iii) All of the information that you provide to us at the time of Account registration and as we may request from time to time is accurate and complete to the best of your knowledge, and you will promptly notify us in writing of any inaccuracies or incompleteness; and (iv) you are located in a jurisdiction (whether state, territory, or country) where it is not unlawful for you to access the Game, Wallet, or the Services, purchase and transact in any cryptocurrency, and you may otherwise use the Services and play the Game without violating any applicable federal, state, local, or other law or administrative regulation.D. Illegal Use. You agree that you will not engage in, attempt to engage in, or assist others engaging in any illegal or unlawful conduct related to or utilizing the Services, Wallet, Software, or the Game, including but not limited to fraud, cheating, hacking, tampering, or any other conduct in violation of applicable civil or criminal laws.6. Indemnification. You agree that you will, at your own cost and expense, indemnify and hold us and our directors, officers, employees and agents harmless from and against any and all claims, disputes, liabilities, judgments, settlements, actions, debts or rights of action, losses of whatever kind, and all costs and fees, including reasonable legal and attorneys’ fees, arising out of or relating to (A) your breach of these Terms; (B) any or misuse of your Account, Wallet, the Software, the Services, and the Game by any person including yourself; (C) your violation of any applicable laws; and/or (D) your negligence or misconduct that results in actual or potential liability to us.7. Licensing and Ownership.A. User License. Subject to these Terms, we grant you a personal, nonexclusive, limited, non-transferable, non-assignable, non-sublicensable, limited license to install and run the Software and play the Game (as well as use the Wallet integration) on a device owned or controlled by you, solely for the purpose of accessing and using the Services and playing the Game in accordance with these Terms, and solely for personal entertainment purposes. You acknowledge that you are receiving licensed rights only. You may not directly or indirectly, or authorize any person or entity to: (i) reverse engineer, decompile, disassemble, re-engineer or otherwise create or attempt to create or permit, allow or assist others to create the source code of the Software, the Game, or its structural framework; (ii) create derivative works of the Software, Wallet, or the Game; (iii) use the Software, Wallet, or the Game in whole or in part for any purpose except as expressly provided in these Terms; or (iv) disable or circumvent any access control or related device, process or procedure established with respect to the Software, Wallet, or the Game. You acknowledge that you have access to sufficient information such that you do not need to reverse engineer the Software or Game in any way to permit other products or information to interoperate with the Software. You are responsible for all use of the Software or the Game that is under your possession or control.B. Ownership. All Services, Wallet, Software, Game, and related materials, all logos, symbols, expansion names and symbols, play symbols, trade dress or “look and feel”, all digital assets and those portions of the Software, Wallet, Game, and Services (without limitation) which are our property as well as all derivative works or modifications of any of the foregoing, and all related and underlying intellectual property (including without limitation patents, trademarks, trade secrets and copyrights), are our sole and exclusive property. We reserve all rights not expressly granted herein. Except as expressly set forth herein, no right or license is granted hereunder, express or implied or by way of estoppel, to any intellectual property rights and your use of our Services, Wallet, Software, or playing the Game does not convey or imply the right to do so in combination with any other information or products.C. Cryptocurrency Ownership. Notwithstanding the foregoing, you retain absolute ownership and rights in all cryptocurrency that you may acquire and accumulate in your Wallet (whether through our Game, Website, or Services, or elsewhere), and all cryptocurrency that you purchase, win, or otherwise acquire. The cryptocurrency in your Wallet constitutes an immutable blockchain assets and not under our control. We do not claim any rights in or control over such cryptocurrency that is usable within our Game. Accordingly, we are not liable for or responsible for any transaction, purchase, sale, or acquisition of cryptocurrency that may occur between you and a third party not affiliated with us.8. Disclaimers and Liability Limitations.A. Disclaimer of Liability; No Warranty. IN NO EVENT SHALL WE, OUR AFFILIATES AND SERVICE PROVIDERS, OR ANY RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES, ATTORNEYS, OR REPRESENTATIVES, BE LIABLE:(i) FOR ANY LOST PROFITS, DIMINUTION IN VALUE OR BUSINESS OPPORTUNITY, ANY LOSS, DAMAGE, CORRUPTION OR BREACH OF DATA OR ANY OTHER INTANGIBLE PROPERTY OR ANY SPECIAL, INCIDENTAL, INDIRECT, INTANGIBLE, OR CONSEQUENTIAL DAMAGES, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH AUTHORIZED OR UNAUTHORIZED USE OF OUR SERVICES, GAME, OR SOFTWARE OR THESE TERMS, EVEN IF AN AUTHORIZED REPRESENTATIVE OF OURS HAS BEEN ADVISED OF OR KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE, EXCEPT TO THE EXTENT OF A FINAL DETERMINATION THAT SUCH DAMAGES WERE A RESULT OF OUR GROSS NEGLIGENCE, FRAUD, WILLFUL MISCONDUCT OR INTENTIONAL VIOLATION OF LAW. THIS MEANS, BY WAY OF EXAMPLE ONLY (AND WITHOUT LIMITING THE SCOPE OF THE PRECEDING SENTENCE), THAT IF YOU CLAIM THAT OUR GAME FAILED TO PROCESS A TRANSACTION PROPERLY, YOUR DAMAGES ARE LIMITED TO NO MORE THAN THE VALUE OF YOUR ENTRY FEE, AND THAT YOU MAY NOT RECOVER FOR LOST PROFITS, LOST BUSINESS OPPORTUNITIES, DIMINUTION IN VALUE OR OTHER TYPES OF SPECIAL, INCIDENTAL, INDIRECT, INTANGIBLE, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.(ii) OUR SERVICES, WALLET, GAME, AND SOFTWARE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT ACCESS TO OUR SERVICES, GAME, SOFTWARE, OF ANY PART THEREOF, OR ANY OF THE MATERIALS CONTAINED THEREIN, WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY, OR ERROR-FREE.(iii) We are not liable for any malfunction within our Game, Wallet, Software, or Services that may impact your gameplay or performance in our Game. The Game is solely for entertainment purposes. If you believe that there was a malfunction, glitch, or other issue that affected your Game experience, please contact our customer service.(iv) NEW TECHNOLOGY RISK: You acknowledge and understand that there may be issues and malfunctions with the smart contracts or network stability that may impact our provision of the Game, Wallet, Services, or Website. There may be a network failure or code error that may impact our provision of the Game, its stability, or integrity. We are not responsible for any such issues or malfunctions, including those that result in the loss of assets, such as cryptocurrency. By playing the Game, you voluntarily assume the risk of new technology, and while we will use our reasonable efforts to ensure Game stability and security, such stability and security cannot be guaranteed and you are contributing any assets to your account solely at your own risk.B. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, WE ARE NOT AND WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) OR INCIDENTAL DAMAGES, ARISING OUT OF OR RELATING TO THESE TERMS OR ANY PRODUCTS OR SERVICES, INCLUDING THE GAME, GOVERNED BY THESE TERMS.C. Release of Us. If you have a dispute with one or more users or players in the Game (or users of the Services, Wallet, or Software), you release us, our affiliates and service providers, and each of their respective officers, directors, agents, joint venturers, employees, attorneys, and representatives from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes. In addition to your indemnification obligations in Section 6, you agree to indemnify and hold us, our affiliates and service providers, and each of their respective officers, directors, agents, joint venturers, employees, attorneys, and representatives, harmless from any claim or demand (including attorneys’ fees and any fines, fees or penalties imposed by any regulatory authority) arising out of or related to your breach of these Terms or your violation of any law, rule or regulation, or the rights of any third party.9. Dispute Resolution.
Effective as of October 27, 20231. General.