Playgrid Logo

TERMS OF SERVICE

PLAYGRID

1.

GENERAL

1.1.

Welcome gamers and game developers! By deciding to install and use our platform Playgrid, you have made a crucial step that will allow you to use unique blockchain platform to play videogames. But before you can start using our platform Playgrid, we need to make sure that you understand what you are going to receive from us and what we expect from you in return. Therefore, before accessing and using the platform and our related services or accessing any related websites, please read these Terms of Service (the “Terms”) carefully.

1.2.

These Terms apply to the use of Playgrid which is a platform for players and game developers that are intending to play and publish videogames (the “Platform”). By browsing, accessing or using the Platform and our services, you confirm that you have read these Terms and that you agree to be bound by these Terms. These Terms outline your rights and obligations when using the Platform and our services related to the Platform.

1.3.

We reserve the right to amend these Terms at any time. If you disagree with any provision of these Terms, please immediately discontinue your access to and use of the Platform or any our services. Continued use of the Platform constitutes acceptance of these Terms, as may be amended from time to time.

2.

DEFINITIONS

2.1.

To make these Terms clearer and more readable, we use certain defined terms throughout the Terms. In particular, the following capitalized terms shall have the meanings ascribed to them below, except where the context otherwise requires:

Terms such as “Consensus Gaming”, “we”, “us” and “our” refer to Consensus Gaming s.r.o., a company incorporated and existing under the laws of the Czech Republic, ID No. 14066866, registered office at Křižíkova 148/34, Karlín, 186 00 Prague 8, Czech Republic.

Account” means the Player’s Account and/or the Developer’s Account.

Developer” means a videogame developer (studio) that publishes videogames on the Platform.

Developer’s Account” means an account created by the Developer on the Platform during Registration.

Player” means a player that plays videogame published by the Developers on the Platform.

Player’s Account” means an account created by the Player on the Platform during Registration.

Privacy Policy” means Privacy Policy available at: [to be completed].

Register” means to create an Account on the Platform and “Registration” means the act of creating such an Account.

Services” means all the services provided by us via the Platform to the Users.

Terms” means these Terms of Service.

Users” means the users of the Platform, i.e., the Players and the Developers including you and “User” means any one of them.

3.

REGISTRATION AND ACCESS TO THE PLATFORM

3.1.

The Platform is an on-line platform which allows the Users to:

(i)

publish videogames via the Platform, and

(ii)

play videogames published via the Platform.

You can find a complete description of the Services on our website https://playgrid.io/ and on the Platform.

3.2.

The use of the Platform by the Users is currently free of charge. Please note that we may decide to require payment of certain fees in connection with the use of the Platform and our Services in the future.

3.3.

The Platform currently runs in a web browser (most browsers and their latest versions are supported), on personal computers, laptops and mobile devices with iOS or Android operating systems. However, it is possible that future versions of the Platform will be available also for other or just some of the listed devices.

3.4.

By accessing and using the Platform, you grant us the right to use the processor, storage and other hardware on your device to enable the proper operation of the Platform. You also acknowledge and agree that the use of the Platform may in some cases require that you enable the Platform to use certain software, services or data from your device (for example system time and date, localization service, etc.).

3.5.

You will be able to start using the Platform once you access the Platform and successfully complete the Registration and create your Account. During the Registration process, we will ask you to enter certain basic information about you, such as: e-mail, name, password, photo or avatar. If you do not wish to provide us with required information, you shall unfortunately not be able to use the Platform. In addition to the basic information about the Player we shall request from the Player information details about the Player’s cryptocurrency wallet.

3.6.

You may also establish your Account with account data provided to us by a third party such as a social networking service, in which case you may have a separate, additional account relationship with such third party.

3.7.

Please note that currently we offer two types of Accounts: (i) Player’s Account, and (ii) Developer’s Account. Each type of the Accounts offers different options and functionalities. The Player’s Account entitles the Player to play videogames on the Platform. The Developer’s Account entitles the Developer to publish its videogames on the Platform.

3.8.

You warrant that all information provided during the Registration and contained as part of your Platform is true, complete and accurate and that you will promptly inform us of any changes to such information by updating the information in your Account. We are not obliged to verify the correctness, accuracy, timeliness and truthfulness of any information provided by you. You expressly warrant that you provided us with information details about your cryptocurrency wallet (i.e., not about cryptocurrency wallet belonging to another person).

3.9.

We do our best to always deliver great user experience to all Users of the Platform, however, please note that we cannot be responsible for the following conditions which are out of our control:

(i)

the availability of your internet connection (including a backup internet connection) with sufficient capacity to run the Platform;

(ii)

the proper functioning of internet connection between your device and the data center from which the Platform is operated; and

(iii)

the proper functioning of your software and hardware used in connection with the Platform.

3.10.

For the avoidance of doubt, the provision of the Platform does not include the provision of a laptop, computer, mobile telephone or handheld device or any other equipment necessary to access and use the Platform.

3.11.

To use the Platform, you will need internet connectivity or appropriate telecommunication links. You acknowledge that the terms of agreement with your respective mobile network or internet provider (the “Internet Provider”) will apply when using the Platform. As a result, you may be charged by the Internet Provider for access to network connection services for the duration of the connection while accessing the Platform or any such third-party charges as may arise. You accept responsibility for any such charges that arise.

3.12.

In some cases, you may be required to provide a username or other security protection in order to access and use the Platform. You shall not, under any circumstances, whether intentionally, or through negligence or inaction, allow or enable others to access your Account. We reserve the right to disable or block accounts without any notice and for any reason. You are not permitted to transfer your account, any in-Platform currency or items to another person or entity, unless specifically permitted in writing by us.

3.13.

Once you visit the Platform and successfully complete the Registration process, you will be able to use the Platform. Subject to your registering for the Account and compliance with the terms contained in these Terms, you are provided with a limited, non-exclusive, revocable license to access and use the Platform subject to these Terms.

3.14.

Because we are constantly trying to improve the Platform and your user experience, please note that your access to the Platform and/or the Services may be restricted to allow for updates, repairs, maintenance or the introduction of new features or services as set forth in Article 4 of these Terms. We will attempt to restore such access as soon as we reasonably can. For the avoidance of doubt, we reserve the right to withdraw any information or Services from the Platform at any time. We make no representation or warranty as to the completeness or accuracy of the Platform nor does it represent or warrant that the Application will be available at all times or at any time.

4.

PLATFORM UPDATES

4.1.

Because we need to be able to deliver the best experience to all our Users, we reserve the right to change, modify, update or otherwise upgrade the Platform without notice from time to time or ask you to install additional updates, patches, fixes or hotfixes to the Platform.

4.2.

Updates may change the Platform’s terms, conditions, features, items, mechanics, or any other element of the Platform.

4.3.

You are not entitled to receive any new releases of the Platform, or any updates, upgrades or similar products under these Terms, but we may in our sole discretion, but we are not obligated to, offer any or all of the foregoing to you. We may provide new releases or otherwise enhance the Platform at any time, in our sole discretion, without any obligation to the Users. You acknowledge and agree that any new release, update or other enhancement of the Platform may change the Platform’s terms, conditions, features, items, mechanics, or any other element of the Platform. We will not be responsible in any way for your inability to use the Platform as a result of new release, update, upgrade or similar.

5.

USERS AND THEIR OBLIGATIONS

5.1.

We provide the Platform and our Services to you and the other Users to enable you publish and play videogames. In return, we require that you to comply with the following obligations:

a)

use the Platform and the Account only in accordance with the purpose designated by us;

b)

create only one Account and refrain from creating multiple Accounts on the Platform;

c)

use the Platform and the Account, including all Services, in accordance with these Terms and applicable laws;

d)

secure the Account as required and/or as appropriate (e.g., with a username, password and/or PIN code and/or biometric verification) and implement and maintain standard security processes (including adequate technical, administrative and physical safeguards) to protect all Account access data and prevent unauthorized use or unauthorized access to the Account;

e)

secure your device against any third party, and thus you accept sole responsibility for all activities that occur under your Account on the device;

f)

maintain the confidentiality of the information necessary to access the Account so that you do not allow the use of the Account by third parties;

g)

refrain from using any language that is, alludes to, or can be construed to be sexually explicit, harmful, threatening, abusive, defamatory, obscene, hateful, racially or ethically offensive, extremist, sexist, or otherwise offensive according to of us in our sole discretion;

h)

refrain from posting, uploading or providing links to any sexually explicit, harmful, threatening, abusive, defamatory, obscene, hateful, extremist, racial or ethnical charged, or otherwise offensive content that we deem to be inappropriate;

i)

refrain from intentionally exploiting any bug in the Platform;

j)

inform us of any unauthorized use or unauthorized access to the Account and ensure timely revocation / replacement of potentially or actually compromised access data.

5.2.

Because we have invested a lot of effort into the development of the Platform, you agree that without our express prior written consent, you shall not, and you shall not allow any third party, to:

a)

decompile, disassemble or reverse engineer the Platform, including any Services provided;

b)

remove, modify or obscure any copyright or proprietary notices contained in the Platform or the Services;

c)

use the Platform, including any Services provided, to create a similar or competitive product or service;

d)

gain unauthorized access to the Platform (e.g., through another system or tool);

e)

use the Platform, including any Services provided, in a manner that violates applicable law or violates any third-party privacy or intellectual property rights;

f)

publish, post, upload or otherwise transmit through the Platform or the Services any data that contains viruses, Trojans, worms, time bombs, corrupted files or other computer programs or procedures that are capable of being harmed, harmed, invisibly captured or appropriate any systems, data, personal information or property of someone else;

g)

transmit spam, chain messages or other unsolicited communications through the Platform or the Services;

h)

violate the integrity or security of the Platform, including any Services provided; or

i)

take any action that may or may impose a disproportionate or disproportionate burden on our infrastructure.

5.3.

By publishing videogames, photos, avatars or other data of any kind and nature (the “Content”) on or via the Platform, you represent that you are the exclusive owner of the Content or that you have proper authorization from the owner of the Content to use, reproduce and distribute it.

5.4.

In order for us to properly provide you with our Services, we need certain permissions from you. For this purpose, you hereby grant:

a)

to us a worldwide, royalty-free, non-exclusive, transferrable license to access, use, play, reproduce, download, modify, divide, make copies of, and make the Content available to the public (in whole or in part) and to promote any products or services on the basis of the Content, including the right to grant sublicenses, and

a)

to all Users a worldwide, royalty-free, non-exclusive license to access, use, play, reproduce, download, modify, divide, make copies of, and make the Content available to the public and to promote any products or services, in the way and manner permitted in the Platform,

whereas the licenses granted lasts perpetually until the respective Content is completely removed from the Platform, or as long as the purpose of the Agreement requires, or the Content is part of other Users’ content (whichever occurs later).

5.5.

You are fully responsible for the Content you upload in the Platform, and you acknowledge and agree that we do not proactively monitor the Content you decide to upload to the Platform in any way. You further represent that the Content will not be defective, discriminatory, violate any third-party rights and will comply with all laws, these Terms and other applicable rules. We reserve the right to block your access to the Platform by banning or suspending your Account and/or to edit or remove any Content which in our reasonable opinion may give rise to a breach of these Terms or any respective laws, without your right to any compensation.

5.6.

You are solely responsible for your interactions with other Users of the Platform. We reserve the right, but have no obligation, to monitor and/or resolve disputes between you and other Users.

6.

REPORTING INFRINGEMENT

6.1.

If you feel that the content of other Users infringes the intellectual property rights or other rights of third parties in any way, please do not hesitate to contact us via email [email protected] or via function [“report a post”], which is located directly next to the relevant post. We will try to solve this problem as soon as possible.

7.

PERSONAL DATA PROTECTION

7.1.

You acknowledge and agree that the processing of personal data by us is governed by Privacy Policy which is hereby considered as an integral part of these Terms.

7.2

For avoidance of any doubt the User explicitly agrees that we use publicly available statistical and analytical data and consent to its publication.

8.

AGE

8.1.

Our Platform and Services are not intended for, and we do not direct them to, anyone who is under the age of 18 (eighteen) (the “Minimum Age”).

8.2.

Children under the Minimum Age may not access and use the Application and our Services. If you are at least of the Minimum Age but under 18 (eighteen) years of age, you need parental or guardian consent to access and use the Platform and any activities in the Platform must be under the legal responsibility of your parents.

8.3.

Any registration by, use of or access to the Platform by anyone under the Minimum Age, or by anyone who is under 18 (eighteen) acting without parental or guardian consent, is unauthorized, unlicensed and in violation of these Terms.

9.

REFERRAL PROGRAM

9.1.

We may from time to time introduce various types of referral programs that should incentivize our Users to acquire additional users to the Platform.

9.2.

In connection with the above referral program, we reserve the right to reward our Users if they acquire additional users for our Platform. However, the Users are not legally entitled to obtain the reward and it is in our full discretion to decide whether or not we provide any rewards. Any reward connected to the referral program is always subject to the specific terms and conditions of the referral program in question.

10.

INTELLECTUAL PROPERTY

10.1.

The Platform is the result of our long creative and innovative efforts. You acknowledge and agree that we are and remain the exclusive holder of all rights relating to the Platform and the Services, and that the Platform and the Services are protected by copyright laws and other related regulations. You are granted only the right to use the Platform and the Services to the extent necessary for the use of the Platform and the Services in accordance with their purpose and these Terms.

10.2.

Nothing in these Terms or any other document shall be construed as granting, assigning or transferring any intellectual property rights to the Platform or the Services and any parts thereof, know-how, trade secrets, documents, technologies, patents or expertise owned by us or used in operation of the Platform and provision of Services by us to the User.

10.3.

You shall not sell, license, sublicense, lease, rent, distribute, disclose, permit access to, or transfer to any third party, whether for profit or without charge the Platform.

10.4.

User shall not without a prior written approval given by us rename the Platform, or remove its identifications, copyrights, logotypes, logomarks, trademarks or other intellectual property notices, information or acknowledgements. Any our logomarks and trademarks are and shall remain our sole property. The User shall always comply with our guidelines, instructions and requirements.

10.5.

You acknowledge and agree that all content, design elements, and materials available in the Platform, for example (but not limited to) graphics, logos, designs, icons, titles, computer code, themes, objects, animation, sounds, musical compositions, audio-visual effects, text, methods of operation and service names are owned by us and/or our partners and licensors and/or third parties and may be protected by copyrights, trademarks, patents, trade secrets, and/or other intellectual property or proprietary rights of us and/or our partners and licensors and/or third parties. We, our partners parties and licensors and the respective third parties retain all right, title and interest in and to the above-mentioned and you may not use, copy, reproduce, modify, republish, upload, post, transmit or distribute it in any form or for any means, unless expressly permitted in these Terms.

10.6.

You may not upload or republish the Platform or Platform content on any Internet, Intranet or Extranet sites or incorporate the information in any other database or compilation, and any other use of the Platform or Platform content is strictly prohibited.

10.7.

When using the Platform and the Services, the User is always obliged to proceed in such a way that it does not violate any our rights and acts in accordance with the laws, especially with legal norms relating to copyright. We may restrict the use of the Platform or the Services if the User breaches these Terms.

11.

LIMITATION OF LIABILITY

11.1.

The Platform and the Services are provided to the Users AS-IS, i.e., in the way in which they have been designed and operated. The User expressly agrees that use of the Platform and the Services is at the User’s sole risk. Neither we, nor our employees, affiliates, agents, distributors, resellers, or the like, warrant that the Platform and the Services will not be interrupted or error free; nor do we make any warranty as to the results that may be obtained from the use of the Services or as to the accuracy, reliability or content of any information or service contained in or provided through the Platform and the Services. Because the Platform and the Services are provided “as is,” we are not required to provide any support services for it.

11.2.

The User further acknowledges and agrees that: (a) the User is solely responsible for proper use of the Platform, and (b) the User shall have no remedy for any failure of the Platform.

11.3.

Under no circumstances, including negligence, shall we, our officers, agents or anyone else involved in creating, producing, or distributing the Platform and the Services be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the Platform and the Services; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to our records, programs or services.

11.4.

We always strive to deliver you the best experience. Nevertheless, in case the use of the Platform or our Services causes you discomfort or inconvenience of any kind, you may send your suggestions to our address [email protected] or uninstall the Platform and stop using our Services. Please note that uninstallation of the Platform and discontinuance to use our Services is your sole and exclusive remedy in case the Platform or our Services causes you discomfort or inconvenience of any kind.

11.5.

Please acknowledge that using the Platform may be a very immersive experience. Please note that you are solely responsible for using the Platform in a safe environment and you undertake to always check your surroundings to avoid any accidents. To the maximum extent permitted by applicable law, we shall in no event be liable to the User for any harm or damage (in particular, but not limited to physical harm) incurred by the User or any third party while using the Platform.

11.6.

EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, WE MAKE NO WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, RELATING TO ANYTHING WITHIN THE SCOPE OF THE CONTRACT BETWEEN YOU AND US. WE SPECIFICALLY DISCLAIM AND EXCLUDE ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM OR USAGE OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPATIBILITY, TITLE, AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY OF ANY KIND THAT THE PLATFROM, OR ANY PRODUCTS OR RESULTS OF THE USE THEREOF, WILL MEET THE USER’S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEMS, OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE OR ERROR FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. THIS DISCLAIMER APPLIES TO, BUT IS NOT LIMITED TO, ALL SOFTWARE, GOODS, IMPROVEMENTS, EQUIPMENT, AND SERVICES PROVIDED BY US TO THE USER.

11.7.

To the maximum extent permitted by applicable law, we shall in no event be liable to the User for any claim to the extent that the same is a claim for:

a)

loss of revenue or profits;

b)

loss of business opportunity or business interruption;

c)

loss of goodwill or injury to reputation;

d)

indirect financial loss or damage;

e)

loss of expected savings;

f)

increase in debt or failure to reduce debt; or

g)

reduction in the value of an asset;

h)

damage to your computer hardware, data or software;

i)

special, incidental, punitive or consequential damages;

regardless of the form of action or theory of liability, whether in contract, strict liability, product liability, or tort (including negligence) and regardless of whether the first named party knew or had reason to know of the possibility of the loss, injury or damage in question.

11.8.

You expressly acknowledge and agree that we are not investment or financial advisors and that no information provided by us on the Platform and via the Services can be interpreted as investment or financial advice, therefore we shall not be held liable for any transactions of any nature made by the Users on or in connection with the Platform.

11.9.

In any event, our maximum liability to the User under these Terms or otherwise for any cause whatsoever (whether in the form of the additional cost of remedial services or otherwise) will be for direct costs and damages only due to our provable breach of its obligations under these Terms and will be in aggregate limited to the sum actually paid by the User to us in connection with the Platform (i.e., if the User has not paid any sums to us, we shall not bear any liability).

12.

INDEMNIFICATION

12.1.

You agree to fully indemnify and hold us harmless from and against any and all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of or related to: (i) any breach of your obligations under these Terms, (ii) any Content you have posted, uploaded and otherwise contributed to the Platform, (iii) any and all activities you carry out in the Platform or through our Services, and (iv) your breach of any other relevant laws, regulations or third-party rights.

13.

TERMINATION

13.1.

The Agreement between you and us lasts until one of the parties (you or us) terminates it. However, you agree that certain rights and obligations arising from this Agreement will last also after the termination of the Agreement, such as, but not limited to, our rights to the User’s content.

13.2.

Without prejudice to any other rights, we may terminate the Agreement between you and us immediately without notice if you fail to comply with the terms and conditions of these Terms. In the event of termination, you must destroy or by other similar means delete or remove all copies of the Platform and all of its component parts including any Platform software or data stored on the hard disk of any device. You may also terminate the Agreement between you and us at any time by destroying or by other similar means deleting or removing the Platform and uninstalling it from your hard drive or other applicable hardware.

13.3.

All provisions of these Terms relating to disclaimers or warranties, limitations of liability, remedies, or damages and our intellectual property and proprietary rights (including our rights to the Content), choice of law and jurisdiction, indemnity and miscellaneous shall survive the termination.

14.

MISCELLANEOUS

14.1.

These Terms, as well as provision of our Services, shall be governed and construed in line with the laws of the Czech Republic and any and all disputes between us shall be resolved by the courts the Czech Republic.

14.2.

If any part of these Terms becomes invalid, legally ineffective or non-binding, the other parts of these Terms shall survive. In such a case, the invalid provision shall be enforced in full in accordance with the applicable law, and you shall adopt measures with an effect similar to the invalid, legally ineffective or non-binding measure, in accordance with the content and purpose of these Terms.

14.3.

If you use the Platform or send e-mails to us, you are communicating with us electronically. You hereby consent to receiving communications from us electronically and communicate with us electronically. We will communicate with you by e-mail or by posting notices in the Platform or by any other means we find appropriate. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically (whether by email, posting notice in the Platform or otherwise) satisfy any legal requirement that such communications be in writing.

14.4.

We reserve the right to amend or update these Terms at any time and at our sole discretion by publishing the amended or updated Terms via the Platform, on our website and/or by otherwise communicating such changes to you. Any and all amendments or updates of these Terms shall apply and become effective from the date of their publication. You acknowledge that such changes may be required to take account of, for example, changes to any digital rights management system used, or, where applicable, changes in the services provided by the respective platform or service provider. If any such future changes to these Terms are unacceptable to you or cause you to no longer be in compliance with these Terms, you may terminate these Terms in accordance with the above Termination clause. By log-in and using the Platform, as well as using any of the Services, you agree with the current wording of our Terms, and you undertake to follow them. Similarly, your installations and use of any updates or modifications to the Platform or your continued use of the Platform following notice of changes to these Terms will constitute your acceptance of any and all such changes to the terms of these Terms.

14.5.

These Terms constitute the entire agreement between us and the User with respect to the subject matter hereof and supersede all previous written or oral agreements between the parties with respect to such subject matter. We may unlimitedly assign our rights under these Terms to third parties. The User may not assign any rights or obligations towards us to any third party without our prior written consent.

14.6.

Nothing in these Terms confers or purports to confer on any third party any benefit or any right to enforce any term of these Terms.

These Terms were last updated on: 24.03.2022.