Effective Date: Dec 6, 2021
Changes. We may modify these Terms at any time, without advance notice. You are responsible for reviewing these Terms periodically for any modifications. Your continued use of the Sites following such modifications signifies your acceptance of those modifications. Additional terms may apply to your use of any Service, including team rules and eligibility. We will provide these terms to you or post them on the website pages to which they apply; they are incorporated by reference into these Terms. If there is a conflict between these Terms and any additional terms that apply to a particular Service, the additional terms will control. The section titles used in these Terms are purely for convenience and carry with them no legal or contractual effect.
Description of Services. AXIEKING.GG is our flagship service and it provides utilities for the users of Axie Infinity.
Registration Eligibility: In order to register and participate in our Services, you must meet the following criteria: * be a natural person, at least 13 years old, and who has had the email address submitted assigned to them as has been represented on the account registration form; * be physically located in a territory in which participation in the competitions you select on the site is unrestricted by law; and * at all times comply with these Terms. By using or accessing the Sites, you represent and warrant that you have the right, authority, and capacity to enter into this agreement to abide by all the Terms and, if you are a minor in your jurisdiction of residence, you have obtained his/her guardian’s consent to register for and/or participate in any competitions or use any Services.
Registration: You must provide complete and accurate information when registering for an account on our Sites, and you must keep such information updated and make any changes promptly. We may request the following information to create an account: email address. If we determine you are registering with incorrect information, we reserve the right to close your account. We also reserve the right, in its sole discretion, to change and/or suspend/terminate offensive usernames. We may at any time require any participant to provide proof of eligibility to allow such member access to the Sites, and each participant hereby acknowledges and accepts this condition of their participation as a reasonable measure to ensure the security of the Sites. In addition, each member will be required to provide proper identification and proof of eligibility prior to receiving a prize or the processing by us of any prize request. Participants may, at their option, pre-register their identification at any time prior to submitting a prize request. FAILURE TO PROVIDE EVIDENCE OF IDENTIFICATION AND/OR ELIGIBILITY SATISFACTORY TO US, IN OUR SOLE AND ABSOLUTE DISCRETION, SHALL RESULT IN THE SUSPENSION AND/OR TERMINATION OF YOUR ACCOUNT.
Accounts for individual use only: You may use the Sites and Services for your personal, non-commercial use only. You, as the holder of your account, are solely responsible for all obligations and for all activities under your account. You may not allow any other person to access your account, access the Sites and Services, accept any winnings, or participate in any tournament using your account information. Your account is not transferable to any other person.
Abuse: Any participant who displays behavior which may be interpreted as the use of unfair methods on the Sites, including but not limited to, the opening and/or use of multiple accounts, the use of unauthorized or altered software or hardware to assist play, intentionally poor play in certain games in order to achieve a broader competitive advantage (i.e. “sandbagging”), harassment of other participants, posting of objectionable material, any breach of these Terms, or any breach or attempted breach of the security of your account or the Sites (collectively, “Abuse”), shall be subject to immediate sanction (as determined by us in our sole discretion), up to and including account termination and blocking of Sites access and, in the case of any other illegal activity, disclosure to the appropriate police authorities, and legal action at our sole discretion.
Promotional activities: By registering for an account, you agree that the Sites may display your username, gameplay data and statistics, axie purchase records and any other information that regarding your gaming activity. By registering an account and/or accepting any prize from the Sites, you agree to allow the Sites to print, publish, broadcast and use, worldwide, in any media and at any time, your name, picture, voice, likeness, and/or biographical information for promotional, marketing or related purposes without additional compensation.
Proprietary Rights: You agree that we and our licensors own all right, title and interest in the Sites and Services, except for User Content (defined below), including all copyright, trademark, patent and other proprietary rights worldwide. All content on the Sites and available through the Services, including designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement (the “Site Content”), are our proprietary property or the proprietary property of our licensors. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without our prior written permission, except that the foregoing does not apply to your own User Content (as defined below) that you legally post on the Sites. Provided you comply with these Terms, and have an account with us, you are granted a non-exclusive, non=transferable right to access the Sites and Services and download any mobile applications to a single device, for your personal, non-commercial use. You may not reproduce, distribute, create derivative works, reverse engineer, or use the Sites and Services for commercial purposes without our express written consent. You are further prohibited from (a) scraping or data mining while using the Sites or Services; (b) blocking, overwriting, modifying and copying of any contents of the Sites; or (c) performing any actions that may impair the operability of the Sites’ infrastructure, particularly actions that may overload said infrastructure, servers, bandwidth or other equipment or software.
User Content: You are solely responsible for the photos, profiles (including your name, image, and likeness), messages, notes, text, information, music, video, advertisements, listings, and other content that you upload, publish or display (hereinafter, “post”) on or through the Services or the Sites, or transmit to or share with other users (collectively the “User Content”). You may not post, transmit, or share User Content on the Sites or Services that you did not create or that you do not have permission to post. You understand and agree that we may, but are not obligated to, review the Sites and may delete or remove (without notice) any User Content in our sole discretion, for any reason or no reason, including User Content that in our sole judgment violates these Terms, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. By posting User Content to any part of the Sites, you automatically grant, and you represent and warrant that you have the right to grant, to us an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Sites or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. We do not assert any ownership over your User Content; rather, as between us and you, subject to the rights granted to us in these Terms, you retain full ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your User Content.
Feedback: If you send comments, questions or suggestions, including, but not limited to, notes, text, drawings, or computer programs, to the Sites (“Feedback”), such Feedback shall become, and shall remain, our sole property and we shall have the irrevocable, perpetual and royalty-free right to use the Feedback for any purposes. No Feedback shall be subject to any obligation of confidence on the part of the Sites. We shall be entitled to unrestricted use of, all such submissions without any compensation to you whatsoever.
Game Play: We are not responsible for operating any games in which you may participate. We make no representations about an individual participant’s chances of winning. All participants are required to comply with the rules of the games in which they are participating. We are not responsible for technical, hardware or software malfunctions, lost or unavailable network connections, disconnects from your game play on your platform or any incorrect or inaccurate results that may be posted on your online game.
Subscriptions: We may offer free and paid subscriptions for use of our Services. For paid Services, we will collect your credit card for payment and you authorize us to charge you credit card for the applicable subscription fees. From time to time, we may offer trials of the Services for a specified period without payment (a “Trial”). We reserve the right, in its absolute discretion, to determine your eligibility for a Trial, and to withdraw or to modify a Trial at any time without prior notice and with no liability. For some Trials, we may require you to provide your payment details to start the Trial. At the end of such Trial, we may automatically start to charge you for the Services on the first day following the end of the Trial, on a recurring monthly basis. By providing your payment details in conjunction with the Trial, you agree to this charge. If you do not want this charge, you must change your Subscription to the free Service through your account’s settings before the end of the Trial.
Payments, refunds and cancellation: If you reside in a country which is part of the European Union and have purchased a paid subscription, you have the right to change your mind and receive a full refund within fourteen (14) days of purchase (the “Cooling-off Period”), but only if you have not logged in or otherwise redeemed or started to consume them. You may cancel any subscription at any time by contacting us at firstname.lastname@example.org, provided that you will be responsible for all fees due through the end of the applicable subscription period. If you have a paid subscription, your payment to us will automatically renew at the end of the subscription period, unless you cancel your paid subscription before the end of the current subscription period. The cancellation will take effect the day after the last day of the current subscription period, and you will be downgraded to the free service. However, if you cancel your payment and/or terminate the Terms after the Cooling-off Period is over (where applicable), and/or before the end of the subscription period, we will not refund any subscription fees already paid to us.
Copyright Infringement: We respect the intellectual property rights of others and encourage you to do the same. In accordance with Japanese and international law, any notifications of claimed copyright infringement should be sent to us immediately. Such notification can be sent by email, to email@example.com. In addition, pursuant to Title 17 of the United States Code, Section 512 (“DMCA”), we have implemented procedures for receiving written notification of claimed copyright infringement, and for processing such claims in accordance with such law. If you believe your copyright or other intellectual property right is being infringed by a user of the Services, please provide written notice to our Agent for notice of claims of infringement: Attn: DMCA Agent Email: firstname.lastname@example.org To be sure the matter is handled immediately, your written notice must: (a) Contain your physical or electronic signature; (b) Identify the copyrighted work or other intellectual property alleged to have been infringed; (c) Identify the allegedly infringing material in a sufficiently precise manner to allow us to locate that material; (d) Contain adequate information by which we can contact you (including postal address, telephone number, and e-mail address); (e) Contain a statement that you have a good faith belief that use of the copyrighted material or other intellectual property is not authorized by the owner, the owner’s agent, or the law; (f) Contain a statement that the information in the written notice is accurate; and (g) Contain a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright or other intellectual property right owner. Unless the notice pertains to copyright or other intellectual property infringement, the Agent will be unable to address the listed concern.
Termination of Repeat Infringers
We reserve the right, in our sole discretion, to terminate the account or access of any user of the Services who is the subject of repeated DMCA or other infringement notifications.
User conduct: You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the Services will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material. In addition, you agree not to use the Services or the Sites to: harvest or collect email addresses or other contact information of other users from the Services or the Sites by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications; use the Services or the Sites in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Sites; use automated scripts to collect information from or otherwise interact with the Services or the Sites; upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable; upload, post, transmit, share, store or otherwise make available any videos other than those of a personal nature that: (i) are of you or your friends, (ii) are taken by you or your friends, or (iii) are original art or animation created by you or your friends; register for more than one user account, register for a user account on behalf of an individual other than yourself, or register for a iser account on behalf of any group or entity; impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity; upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; upload, post, transmit, share, store or otherwise make publicly available on the Sites any private information of any third party, including, addresses, phone numbers, email addresses, tax id numbers and credit card numbers; upload, post, transmit, share or otherwise make available any material that 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; intimidate or harass another; upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law; use or attempt to use another’s account, service or system without authorization from us, or create a false identity on the Services or the Sites; upload, post, transmit, share, store or otherwise make available content that, in our sole is objectionable or which restricts or inhibits any other person from using or enjoying the Sites, or which may expose us or our users to any harm or liability of any type. WARNING: ANY VIOLATION OF THESE POSTING RULES THAT INVOLVES CRIMINAL CONDUCT OF ANY KIND WILL BE REFERRED TO LAW ENFORCEMENT AUTHORITIES UPON NOTICE RECEIVED BY COMPANY.
Links to Third Party Sites: This Sites contain links to third party sites. These links are provided for convenience purposes and are not under our control. We do not make any representations and warranties, express or implied, regarding the content of any of these linked sites. These links do not constitute or imply an endorsement, authorization, sponsorship or affiliation by Hus with respect to any third party, any third party’s website, the content of any third party’s website, or any products or services provided by a third party.
Termination: We may suspend or terminate your account and rights to use the Sites and Services at any time for any reason, including without limitation, for any violation of these Terms, including but not limited to the failure to make any required payment. The provisions relating to Proprietary Rights, Disclaimer of Warranties, Limitation of Liability, User Conduct, User Content, Governing Law and Jurisdiction, Indemnification, Entire Agreement, No Waiver Implied, and Severability, and any claims against you for payments owed shall survive termination.
No Waiver Implied: Our failure to enforce at any time any of the provisions of these Terms or the failure to require at any time performance by you of any of the provisions of these Terms, shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect our right to enforce each and every such provision thereafter.
Disclaimer of warranties: Limitation of Liability: Please read this section carefully. Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result, the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited. DISCLAIMER: THE SERVICES AND SITES ARE PROVIDED “AS IS” AND “WITH ALL FAULTS,” AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITES AND SERVICES ARE WITH YOU. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED, OR STATUTORY) WITH RESPECT TO THE SITES, THE SITE CONTENT, AND THE SERVICES, WHICH INCLUDES BUT IS NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. THIS MEANS THAT WE DO NOT PROMISE YOU THAT THE SITES AND SERVICES ARE FREE OF PROBLEMS. Without limiting the generality of the foregoing, we make no warranty that the Sites and Services will meet your requirements or that the Services will be uninterrupted, timely, secure, or error-free or that defects in the Sites and Services will be corrected. We make no warranty as to the results that may be obtained from the use of the Services, including any results in connection with any team you may form, or as to the accuracy or reliability of any Site Content, User content or information obtained through the Services. We are not responsible for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services, or any Content or the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services. LIMITATION OF LIABILITY: YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR INABILITY TO USE THE SERVICES; (II) THE COST OF GETTING SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANYONE IN CONNECTION WITH THE SERVICES; OR (V) ANY OTHER MATTER RELATING TO THE SERVICES. IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THESE TERMS WE ARE FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISE OUT OF OR IS ANY WAY CONNECTED TO YOUR USE OF THE SERVICES, OUR LIABILITY SHALL IN NO EVENT EXCEED THE GREATER OF (I) THE TOTAL OF ANY FEES YOU PAID FOR THE SERVICES IN THE SIX MONTHS PRIOR TO THE DATE OF THE INITIAL CLAIM MADE AGAINST US, OR (II) US$100.00.
Indemnification: YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS US AND OUR SUBSIDIARIES, AFFILIATES, AND THE DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, VENDORS, PARTNERS, CONTRACTORS, AGENTS, LICENSORS OR OTHER REPRESENTATIVES OF EACH OF THEM AND ALL THEIR SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE “INDEMNITEES”) IN RESPECT OF ALL CLAIMS, COSTS (INCLUDING LEGAL FEES AND COSTS), DAMAGES, LIABILITIES AND EXPENSES OR OBLIGATIONS OF ANY KIND, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR MISUSE OF THE SERVICES (INCLUDING WITHOUT LIMITATION USE OF YOUR ACCOUNT, WHETHER OR NOT AUTHORIZED BY YOU) AND YOUR USER CONTENT. WE RETAIN THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY CLAIM SUPPORTING INDEMNIFICATION, AND IN SUCH CASES YOU AGREE TO COOPERATE WITH US TO DEFEND ANY SUCH CLAIM. YOU WILL NOT SETTLE ANY CLAIM COVERED BY THIS SECTION WITHOUT OUR PRIOR WRITTEN APPROVAL.
Governing Law and Jurisdiction: These Terms shall be governed by and construed in accordance with the laws of Japan. Disputes arising in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of Japan where the claim is brought by you, except where you have legal rights to bring any claim in respect of such a dispute in any other jurisdiction. We nevertheless retain the right to bring proceedings against you for any threatened or actual breach of these Terms in your country of residence, registration or business or any other relevant country. By registering for an account and/or participating in any challenge or tournament offered on the Sites, you agree that any dispute that cannot be resolved between the parties shall be resolved individually, without resort to any form of class action.
Severability: If any portion of the Terms is deemed void or unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of the remaining provisions.