Terms of Use

This set of Terms of Use establishes a legally binding pact between you, whether in an individual capacity or as a representative of an entity, and 21BJ srl. The agreement pertains to your utilization of the Website and the 21BJ Mobile Application. 21BJ operates as a decentralized application presently active on the Polygon Network. It relies on autonomously deployed smart contracts, facilitating users' engagement in an enhanced peer-to-peer poker and blackjack simulation game. This game integrates diverse upgradable, transferable, and tradable NFTs (Non-Fungible Tokens). Each NFT is a distinct collectible token adhering to the ERC-721 standard or a similar "non-fungible" token norm. These tokens are permanently associated with a unique Uniform Resource Identifier JSON file. This file encompasses metadata such as the item's name, description, or image, stored on platforms like IPFS or comparable storage networks. Additionally, it contains terms of use concerning the associated intellectual property. Both the game and NFTs are viewable on a Website and the Mobile Application, providing interactive functionalities for players. The game's front-end mobile application empowers players to partake in the game, amass tokens, engage with fellow players, inspect their possessions, and use Smart Contracts for acquiring and trading assets.

YOU ARE GRANTED ACCESS TO THE GAME, THE MOBILE APPLICATION, THE SMART CONTRACTS AND THE WEBSITES SOLELY UPON YOUR UNRESERVED ACCEPTANCE OF ALL THESE TERMS. BY UTILIZING THE GAME, THE MOBILE APPLICATION, THE SMART CONTRACTS AND THE WEBSITE, OR ANY OFFICIAL 21BJ PRODUCT, YOU VERIFIY THAT YOU HAVE PERUSED, COMPREHENDED AND CONSENT TO ABIDE BY THESE TERMS.

We maintain the exclusive prerogative to effect alterations or revisions to these Terms at our sole discretion, at any juncture and for any rationale. We will communicate any such modifications by updating the "Last Updated" date within these Terms. You renounce any entitlement to explicit notification for each alteration. It is incumbent upon you to periodically apprise yourself of any amendments by reviewing these Terms. Continued use of the Website, Game and Smart Contracts after revisions are posted constitutes your acknowledgment and acceptance of these modifications.

The details presented on the Webite, Game, Smart Contracts, and Mobile Application are not intended for distribution to any individual or entity in any jurisdiction or country where such dispensation or utilization contravenes legal or regulatory statutes, or would subject us to registration obligations within that jurisdiction or country. Consequently, individuals accessing the Website and/or the Game in violation of local laws are proceeding of their own volition and will be held accountable for any ensuing consequences.

The Game is tailored for players who have attained the age of 18 years or older. Individuals under 18 years of age are precluded from using or registering for the Website, the Game, the Mobile and the Mobile Application.

GAME AND NON-FUNGIBLE TOKENS (NFTs)

21BJ GAMING EXPERIENCE

(a) The 21BJ platform offers a revitalized poker and blackjack simulation game characterized by peer-to-peer interaction, skill-based challenges, and creative gameplay elements. Players engage in the game, earning "21BJ" tokens ("$21BJ") as rewards for their gameplay achievements. These tokens serve as incentives, fostering daily participation and competitive engagement among players.

(b) Participation in the game is cost-free, allowing players to enter the free-to-play mode without any monetary commitment. However, players who possess avatars NFTs or are granted delegated access receive a daily allocation of "fiches" (FIH), a non-transferable token used exclusively for scorekeeping and competition. Fiches balances reset daily, and active players earn daily $21BJ token rewards, with top performers receiving enhanced rewards.

(c) Avatar NFTs are unique digital collectibles enabling players to earn $21BJ tokens by completing daily challenges involving poker and blackjack games played with fiches. Players can view, acquire, and delegate their Avatar NFTs.

(d) Wearables NFTs are special digital collectibles enhancing avatars with unique abilities, altering poker and blackjack gameplay dynamics.

(e) Stones NFTs are distinct digital collectibles empowering players to elevate and amplify their avatar's in-game attributes.

(f) Dealers NFTs are exclusive digital collectibles allowing passive participation in the 21BJ game, with the potential to farm 21BJ tokens.

(g) Runes NFTs are unique digital collectibles augmenting the farming power of Dealers.

(h) Amulets NFTs are exclusive digital collectibles heightening the farming power of Dealers' families.

(i) Transactions within the game occur peer-to-peer, facilitated by Smart Contracts on the Polygon Network, ensuring a non-custodial process.

(l) We do not gather or retain player information, particularly private keys, ensuring no control over players' digital assets.

(m) As the game is free-to-play, we are not categorized as providers of regulated services within gaming or gambling laws. However, participation in the game may be restricted under applicable gaming/gambling regulations.

ALL 21BJ NFTs

(a) It is acknowledged that 21BJ NFTs:

(i) Do not represent a loan to us or any affiliated entity.

(ii) Do not confer ownership or interests in any Group Entity, other company, venture, or financial instrument.

(iii) Are not intended as currency, security, commodity, debt instrument, or financial investment.

(iv) Do not constitute a contract for differences or similar profit-seeking mechanisms.

(v) Are not obligations for redemption or purchase.

(vi) Do not entail dividends, interest, or financial returns.

(vii) Do not anticipate profit and are not financial derivatives or instruments.

(viii) Are unrelated to gaming, gambling, betting, lotteries, or comparable services.

(b) 21BJ NFTs are tailored for specific usage within the Game ecosystem and may lack merchantability or broader utility. They are virtual goods sold for usability, without predefined market value.

(c) 21BJ NFTs are not consumer products and are exempt from consumer protection regulations to the fullest extent permitted by law.

(d) We retain the right to reposition, rebrand, repack, or remarket the "21BJ" brand/image/goodwill or 21BJ NFTs if deemed necessary.

(e) 21BJ NFTs lack tangible form, intrinsic value, and physical representation, with no assurance of value provided by any Group Entity or other party.

OPEN SOURCE SOFTWARE

(a) We may, at our discretion, make available for download certain smart contracts or source code that we have developed as open source or copyleft software. Your use of such software is subject to the terms of the applicable license agreement. You are not permitted to suggest any affiliation with us in relation to your use, modification, or distribution of this software. Should you access and utilize such software through our platforms, including the Site and the Mobile Application. These Terms govern your access and use, along with any supplementary license agreements.

(b) It's important to acknowledge that open source or copyleft software may be altered by anyone, and we disclaim any responsibility for resulting outcomes.

(c) The software lacks official organization or authority representation, maintenance, or monitoring. External parties not associated with us may introduce vulnerabilities or errors into the underlying infrastructure of the open-source code, potentially impacting the Game and 21BJ NFTs and eroding trust in security and operations.

INTELLECTUAL PROPERTY RIGHTS

(a) In the context of these Terms, the following capitalized terms carry these meanings:

"Art" refers to any art, design, or drawings linked to a 21BJ NFT you possess.

"Own" indicates ownership of a 21BJ NFT, acquired through creation, purchase, or legitimate acquisition supported by blockchain records.

(b) You possess ownership of the 21BJ NFT. A 21BJ NFT encompasses a license to display the associated Art within the relevant blockchain network. Ownership of a 21BJ NFT grants you full rights to trade, sell, or gift it, and you bear full responsibility for all actions and interactions related to the 21BJ NFT. This ownership is governed solely by the Smart Contract and the applicable blockchain network.

(c) Ownership of the Website and Mobile Application belongs to us. Recognition and agreement are extended to the fact that we (or our licensors, as applicable) hold legal rights, titles, and interests in all other aspects of the Game and Website, along with intellectual property rights (including Art, the Game ecosystem, designs, systems, methods, data, code, software, services, website design, themes, content compilation, functionality, audio, sound effects, video, animation, text, photographs, artwork, graphics, objects, characters, character names, stories, dialogue, and other Game elements). Materials are protected by copyright, trademark, patent, international conventions, and other pertinent intellectual property and proprietary rights, alongside relevant laws. All Materials are our copyrighted property (or that of our licensors), and all associated trademarks, service marks, and trade names are proprietary to us or our licensors. Your use of the Game or 21BJ NFT does not grant ownership or other rights to the content, code, data, or Materials you access through the Site and Mobile Application, aside from expressly stated rights in these Terms. We retain rights in the Materials not explicitly granted under these Terms.

(d) You acknowledge and consent to the following: (i) Purchasing a 21BJ NFT, whether via the Website or otherwise, provides no rights or licenses beyond those specifically outlined in these Terms; (ii) You may not reproduce, distribute, or commercialize any Materials (including Art) except as explicitly granted or as per our written consent; (iii) Usage of our trademarks or service marks, or confusingly similar marks, requires our prior written consent; (iv) Our consent may be withheld at our sole discretion.

(e) Subject to your ongoing adherence to these Terms, we extend to you a limited, non-transferable, non-exclusive, royalty-free license to display the Art associated with your 21BJ NFT and to access the Game ecosystem. This license applies to the following uses: (i) personal use; (ii) playing games or using 21BJ NFTs within designated parameters; (iii) integration into third-party websites or applications permitting participation of your 21BJ NFTs, provided such integration cryptographically verifies ownership rights and ensures Art is only displayed by the rightful owner. You are prohibited from modifying the Art, utilizing it for advertising, engaging in hate speech, attempting to acquire additional IP rights, or using it for third-party benefit, among other restrictions.

PLAYER COMMITMENTS

By engaging with the Website, Mobile Application, Game, and Smart Contracts, you affirm and guarantee that:

1. All provided registration details are truthful, precise, current, and complete.

2. You will uphold the accuracy of such information and promptly update it when necessary.

3. You possess the legal capacity and consent to abide by these Terms.

4. You are of legal age within your jurisdiction.

5. Automated or non-human methods, such as bots or scripts, will not be employed to access the Website, Mobile Application, Game, and Smart Contracts. Misuse of public APIs through spamming will result in API access prohibition.

6. The usage of the Website, Mobile Application, Game, and Smart Contracts will not be for any illegal or unauthorized purpose.

7. Your actions on the Website, Mobile Application, Game, and Smart Contracts will comply with applicable laws, including gaming/gambling regulations. Providing false, inaccurate, outdated, or incomplete information could lead to account suspension, termination, and future access denial.

8. Playing more than one account within a 24-hour period may result in a ban.

9. Manipulation of the 21BJ rewards system, such as collusion or score manipulation, is prohibited.

10. We retain the right to choose which markets and jurisdictions to operate in and may limit or decline the provision of 21BJ services in specific countries or regions.

PLAYER REGISTRATION

Registration on the Website and Game may be required. Safeguarding your password confidentiality is your responsibility, and you will be held accountable for all activities undertaken using your account. We hold the right to alter or revoke an inappropriate, obscene, or objectionable username.

PROHIBITED ACTIONS

Your use of the Website, Mobile Application, Game, and Smart Contracts must adhere to their intended purpose. Commercial use is only allowed via a binding legal contract with us. In particular, you shall not:

1. Engage in gambling, wagering, moneylending, extortion, or related activities.

2. Extract data from the Website, Mobile Application, Game, and Smart Contracts to create collections or databases without written permission.

3. Engage in unauthorized use, including collecting usernames or email addresses, advertising, or creating player accounts via automated or deceptive means.

4. Utilize the platform to sell goods and services.

5. Circumvent, disable, or disrupt security features, infringing on use restrictions or copying.

6. Attempt unauthorized framing or linking to the Website, Mobile Application, Game, or Smart Contracts.

7. Deceive or defraud us and other players, especially to gain sensitive account information.

8. Misuse support services or submit false abuse reports.

9. Employ automated tools, scripts, data mining, or similar techniques, except as stated.

10. Disrupt the Website, Mobile Application, Game, and Smart Contracts or associated networks.

11. Impersonate others or use another player's username.

12. Sell or transfer your profile.

13. Use obtained information to harm, harass, or abuse others.

14. Employ the platform for competitive purposes or revenue generation without an agreement.

15. Reverse engineer the Website's software or attempt to bypass its security measures.

16. Interfere with access restrictions or bypass measures.

17. Threaten or harass our employees or agents.

18. Remove copyright or proprietary notices.

19. Replicate or modify the Website's software.

20. Transmit viruses, interfere with use, or upload malicious content.

21. Deploy information collection mechanisms without permission.

22. Utilize automated systems without authorization.

23. Damage our reputation or the platform.

24. Violate applicable laws or regulations in platform use.

PLAYER CONDUCT

1. Collaboration and deceitful practices among players, such as sharing concealed poker cards or any similar methods, are strictly prohibited. In addition to other measures, we retain the right to restrict seating or bar players from participating in specific tables, events, or tournaments, including disallowing two or more players from playing together. Any collusion or attempted collusion between players will be deemed a significant breach of these Terms, leading to potential account termination irrespective of the outcome. Players are urged to report suspected cheating or collusion.

2. Usage of external player assistance tools ("External Tools") designed to provide an unfair advantage is forbidden. These tools encompass software and non-software-based systems, and the use of advice beyond personal gameplay observations is restricted.

3. Artificial intelligence, including "robots" or "bots," is strictly prohibited during gameplay. All actions taken in the Game must be carried out personally, without the aid of artificial intelligence.

4. Deliberate fiche-dumping, where a player intentionally loses to transfer fiches, is strictly prohibited. Engaging in such activity may result in a permanent ban from the Game, with immediate termination of player accounts and access rights. We hold no obligation to refund or credit any fiches.

5. Engaging in fraudulent, unlawful, dishonest, or improper activity within the Game or using our services may lead to various actions, including blocking access, notifying relevant parties, terminating accounts, seizing balances, and legal action.

6. Posting unlawful, offensive, or inappropriate material via the Mobile Application or chat function while playing the Game is strictly prohibited.

FEES AND PAYMENT

1. Financial transactions related to purchasing, trading, or minting 21BJ NFTs occur solely through the Blockchain using electronic wallet services like MetaMask. We lack the ability to oversee or reverse transactions, thereby bearing no liability for resulting claims or damages.

2. Fees apply when engaging in Game activities or transactions involving 21BJ NFTs. You authorize the collection of these fees, which will be transferred via the Blockchain Network as part of your payment.

3. You are solely responsible for paying taxes associated with Game use, including those related to 21BJ NFT ownership, transfer, or sales.

SUBMISSION

Submissions provided by you regarding the Website, Mobile Application, Game, and Smart Contracts are non-confidential and become our property. We retain exclusive rights and can use these Submissions for any lawful purpose without acknowledgment or compensation.

TERMINATION

These Terms remain valid while using the Website, Mobile Application, Game, and Smart Contracts. WE RESERVE THE RIGHT TO DENY ACCESS TO ANY INDIVIDUAL FOR ANY REASON, INCLUDING BREACHES OF REPRESENTATION, WARRANTY, LAW, OR REGULATION. ACCOUNT TERMINATION MAY RESULT IN LEGAL ACTION AND A BAN ON CREATING NEW ACCOUNTS.

DISCLAIMERS

1. YOUR USE OF THE WEBSITE, THE MOBILE APPLICATION, THE GAME, AND THE SMART CONTRACTS IS ENTIRELY AT YOUR OWN RISK. THESE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES. WE, ALONG WITH OUR SUBSIDIARIES, AFFILIATES, AND LICENSORS, DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, AND RELIABILITY. WE DO NOT GUARANTEE THAT YOUR ACCESS TO THESE SERVICES WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT THE PROVIDED USAGE DATA WILL BE ACCURATE. WE CANNOT ENSURE THAT THE SERVICES OR ANY CONTENT, FEATURES, OR SERVICES OFFERED THROUGH THEM WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR DATA DISCLOSURE WHEN USING THESE SERVICES MAY NOT BE SECURE. SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES, SO THESE EXCLUSIONS MAY NOT APPLY TO YOU.

2. YOU ACKNOWLEDGE THE INHERENT SECURITY RISKS OF ONLINE INFORMATION PROVISION AND TRANSACTIONS OVER THE INTERNET. WE ARE NOT LIABLE FOR BREACHES OF SECURITY UNLESS RESULTING FROM OUR GROSS NEGLIGENCE.

3. WE ARE NOT RESPONSIBLE FOR ANY LOSSES INCURRED THROUGH YOUR USE OF THE NETWORK CHAIN OR CHOSEN ELECTRONIC WALLET SERVICE. THIS INCLUDES LOSSES DUE TO USER ERRORS, SERVER FAILURES, DATA LOSS, UNAUTHORIZED ACCESS BY THIRD PARTIES, OR ANY OTHER MEANS OF ATTACK.

4. 21BJ NFTS ARE DIGITAL ASSETS EXISTING SOLELY BASED ON OWNERSHIP RECORDS WITHIN THE BLOCKCHAIN. SMART CONTRACTS OPERATE WITHIN THE DECENTRALIZED LEDGER OF THE NETWORK. WE HAVE NO CONTROL OVER OR GUARANTEES REGARDING SMART CONTRACTS, LOSSES DUE TO BLOCKCHAINS, OR FEATURES OF THE POLYGON NETWORK OR YOUR CHOSEN ELECTRONIC WALLET SERVICE. THIS INCLUDES POTENTIAL LOSSES RESULTING FROM ISSUES SUCH AS LATE OR NONEXISTENT REPORTS BY DEVELOPERS OR REPRESENTATIVES CONCERNING BLOCKCHAIN SUPPORT FOR THE CHOSEN NETWORK, TECHNICAL NODE PROBLEMS, FORKS, OR OTHER ISSUES LEADING TO FUND LOSSES.

LIMITATION OF LIABILITY

1. YOUR UNDERSTANDING AND AGREEMENT EXTEND TO THE FACT THAT NEITHER WE, OUR SUBSIDIARIES, AFFILIATES, NOR LICENSORS WILL BE HELD LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES THAT MAY ARISE, REGARDLESS OF THE CAUSE AND UNDER ANY LEGAL THEORY OF LIABILITY. THIS INCLUDES, WITHOUT LIMITATION, ANY LOSS OF PROFITS (WHETHER INCURRED DIRECTLY OR INDIRECTLY), LOSS OF GOODWILL, IMPAIRMENT OF BUSINESS REPUTATION, LOSS OF DATA, COSTS ASSOCIATED WITH OBTAINING SUBSTITUTE GOODS OR SERVICES, OR ANY OTHER INTANGIBLE LOSSES, EVEN IF WE HAVE BEEN INFORMED OF THE POTENTIAL FOR SUCH DAMAGES.

2. YOU ACKNOWLEDGE AND ACCEPT THAT OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM THESE TERMS OR YOUR USE OF OR INABILITY TO ACCESS ANY PART OF THE WEBSITE, THE MOBILE APPLICATION, THE GAME, AND THE SMART CONTRACTS, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, IS CAPPED AT THE GREATER OF EITHER (A) THE ACTUAL AMOUNTS YOU PAID US UNDER THESE TERMS IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED (100) US DOLLARS.

3. IT IS UNDERSTOOD AND AGREED THAT THE AVAILABILITY OF THE WEBSITE, THE MOBILE APPLICATION, THE GAME, AND THE SMART CONTRACTS, AS WELL AS THE ESTABLISHMENT OF THESE TERMS, HAVE BEEN BASED ON THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY OUTLINED HEREIN. THESE PROVISIONS REPRESENT A REASONABLE AND EQUITABLE DISTRIBUTION OF RISK BETWEEN THE INVOLVED PARTIES AND FORM A FUNDAMENTAL CORNERSTONE OF OUR AGREEMENT. WITHOUT THESE LIMITATIONS, WE WOULD BE UNABLE TO OFFER THE WEBSITE, THE MOBILE APPLICATION, THE GAME, AND THE SMART CONTRACTS TO YOU.

4. IN CERTAIN JURISDICTIONS, THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES MIGHT NOT BE PERMITTED, AND SOME JURISDICTIONS MAY IMPOSE RESTRICTIONS ON DISCLAIMERS OR LIMITATIONS OF LIABILITY FOR PERSONAL INJURY RESULTING FROM CONSUMER PRODUCTS. THEREFORE, THE AFOREMENTIONED LIMITATIONS MIGHT NOT APPLY TO CLAIMS RELATED TO PERSONAL INJURY.

RISK ACCEPTANCE

You acknowledge and agree with each of the following points:

(a) The prices of blockchain assets exhibit significant volatility. Fluctuations in the values of other digital assets could substantially impact the worth of your 21BJ NFTs, which themselves are also susceptible to considerable price fluctuations. We cannot guarantee that purchasers of 21BJ NFTs will avoid losses.

(b) You bear sole responsibility for determining the applicability of any taxes to your transactions involving 21BJ NFTs. We do not assume responsibility for ascertaining the tax obligations associated with your transactions on the Game, the Mobile Application, the Website, or the Smart Contracts.

(c) The Game does not store, transmit, or receive 21BJ NFTs. These NFTs derive their existence solely from the ownership record upheld on the Game's supporting blockchain within the chosen Blockchain. Any transfer of 21BJ NFTs exclusively takes place within the relevant blockchain network.

(d) The Smart Contracts you engage with might encompass security vulnerabilities, errors, failures, glitches, or economic vulnerabilities that could be exploited by external parties. Interacting with these Smart Contracts falls entirely under your responsibility and liability, as we are not party to these contractual agreements.

(e) Your access to 21BJ NFTs or your cryptocurrency assets might be suspended, terminated, or subject to delays at any given time. Such actions could lead to diminished cryptocurrency asset values or render you unable to interact with Smart Contracts, the Game, the Mobile Application, or the Website. Suspension or termination of the Game or the Mobile Application, for any reason or no reason, may curtail your cryptocurrency asset accessibility.

(f) The use of internet-based currency entails risks, encompassing hardware, software, and internet connectivity vulnerabilities, as well as the possibility of malicious software intrusion and unauthorized access by third parties to your stored information. You acknowledge that we hold no responsibility for any communication breakdowns, disruptions, errors, distortions, or delays that you may encounter while utilizing the chosen blockchain, regardless of the cause.

(g) Given that 21BJ NFTs are built on blockchain technology, any malfunction, breakdown, or abandonment of the relevant blockchain network could profoundly affect the 21BJ NFTs you possess. Furthermore, technological advancements like quantum computing or cryptographic breakthroughs might jeopardize 21BJ NFTs, the underlying digital assets, or the associated blockchain network by compromising the cryptographic consensus mechanism. The evolution of cryptography and security remains highly uncertain.

(h) The control and disposal of 21BJ NFTs stored in your digital wallet, vault, or other storage mechanism necessitate possession of a private key or combination of private keys. Consequently, misplacing or losing the requested private key(s) linked to such storage mechanisms could lead to 21BJ NFT loss. Moreover, unauthorized access to your private key(s), including through acquired login credentials of a hosted wallet service, could result in the misappropriation of your 21BJ NFTs. Such losses are beyond our responsibility.

(i) Hackers, malicious groups, or organizations may endeavor to disrupt 21BJ NFTs, the Smart Contracts, the Game, the Mobile Application, or the Website using various methods, including malware attacks, denial of service attacks, consensus-based attacks, Sybil attacks, smurfing, and spoofing, which could result in your incurred losses.

(j) A lack of use or public interest in the creation and advancement of distributed ecosystems could adversely impact the development of the Game ecosystem, consequently affecting the potential utility or value of 21BJ NFTs.

(k) The regulatory framework governing blockchain technologies, cryptocurrencies, and tokens remains uncertain. New regulations or policies could potentially impede the development of the Game ecosystem and thus influence the potential utility or value of 21BJ NFTs.

(l) An upgrade, hard fork, or alteration in transaction confirmation methods on the pertinent blockchain network may inadvertently harm all blockchains utilizing NFT token standards, including the Game ecosystem.

(m) Cryptographic tokens like 21BJ NFTs represent a novel and untested technology. Beyond the outlined risks, additional uncertainties associated with creating, holding, and utilizing 21BJ NFTs may arise, some of which we may not predict. Such risks may manifest in unexpected variations or combinations of the risks addressed herein.

RESPONSIBILITY AND COMPENSATION

You hereby agree to safeguard, indemnify, and absolve us, including our subsidiaries, affiliates, and all officers, agents, partners, and staff members, from and against any and all losses, damages, liabilities, claims, or demands, inclusive of reasonable legal fees and costs, raised by a third party as a result of or linked to:

1. Your utilization of the Mobile Application and Website;

2. Your violation of these Terms;

3. Any breach of the representations and assurances you've provided in these Terms;

4. Your infringement upon the rights of a third party, encompassing but not confined to intellectual property rights;

5. Any overt detrimental actions against other users of the Website, the Mobile Application, the Game, and the Smart Contracts with whom you've interacted via the Website, the Mobile Application, the Game, and the Smart Contracts.

However, it is important to note that we retain the right, at your cost, to take over the exclusive defense and management of any matter for which you are obligated to indemnify us. In such cases, you are obliged to collaborate, at your own expense, in our defense against such claims. We will make reasonable efforts to notify you upon becoming aware of any claim, action, or proceeding that falls within the scope of this indemnification.

USER INFORMATION

Certain data that you transmit to the Website, the Mobile Application, the Game, and the Smart Contracts will be retained to facilitate the proper functioning of these platforms, as well as to record information about your interactions with them. Despite our regular data backup procedures, you bear full responsibility for any data you send or generate during your usage of the Website, the Mobile Application, the Game, and the Smart Contracts. You acknowledge that we hold no liability for any loss or corruption of such data, and you hereby relinquish any claims against us arising from such occurrences.

OTHER CONSIDERATIONS

1. These Terms, along with any policies or operational guidelines published by us on the Website, the Mobile Application, the Game, and the Smart Contracts, collectively constitute the entire agreement between you and us.

2. Our failure to enforce any right or provision in these Terms does not relinquish that right or provision. These Terms are enforceable to the maximum extent allowed by law.

3. We may transfer our rights and responsibilities to others at any time.

4. We are not liable for any losses, damages, delays, or failures caused by circumstances beyond our reasonable control.

5. Should any provision or portion of a provision in these Terms be deemed unlawful, void, or unenforceable, that specific provision or portion shall be separable from these Terms, without affecting the validity and enforceability of the remaining provisions.

6. These Terms do not establish a joint venture, partnership, employment, or agency relationship between you and us as a result of your use of the Website.

7. You agree not to construe these Terms against us based solely on the fact that we drafted them.

8. By accepting these electronic Terms, you waive any defenses based on their electronic format and the absence of physical signatures from the parties involved in agreeing to these Terms.