light's Verdict Cosmic Shift

PROMOTION TERMS AND CONDITIONS

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING OR USING WEBSITES, MOBILE APPLICATIONS, OR OTHER PRODUCTS OR SERVICES THAT HAVE LINKED TO THESE TERMS AND CONDITIONS, YOU AGREE TO ABIDE BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS, OR IF ANY OF THE REPRESENTATIONS AND WARRANTIES SET FORTH IN THE TERMS AND CONDITIONS IS INACCURATE AS APPLIED TO YOU SHOULD CEASE USE OF OUR WEBSITES, MOBILE APPLICATIONS, OR OTHER PRODUCTS OR SERVICES ACCORDINGLY.

 

When you undertake qualifying actions to participate in the Promotion operated by Gods Unchained Pty Ltd (we, us, our, or Immutable) you must agree to the terms and conditions of use set out in this document (Promotion Terms), which apply to you the user (You or the User). 

Operative clauses

1. General

  • (a) The promoter of the Promotion is us.
  • (b) The Promotion commences 26 September 2022 5PM (Pacific Daylight Time)  and concludes 12 October 2022 5PM (Pacific Daylight Time).  
  • (c) The Promotion is free to enter for all players of Gods Unchained and is being run for the purposes of promoting Gods Unchained and the CosmicShift.Eth Wallet Address.
  • (d) To be eligible to enter you must meet the qualifications to participate in the Promotion (Qualifying Actions) as set out on our Website or advertised through social media (including but not limited to Twitter, Facebook and Instagram) from time to time, which we may in our discretion, change without notice.  
  • (e) During the Promotion, and at times which will not be disclosed in advance, the CosmicShift.Eth Wallet Address will purchase Gods Unchained Assets which are listed for purchase on the Marketplace at the price they are listed for sale.
  • (f) Gods Unchained Assets purchased in connection with the Promotion will have some connection to the theme “Thaeriel’s Corrupting Influence on Eucos”.
  • (g) Gods Unchained Assets will only be considered for purchase in connection with this Promotion if they are listed on the Marketplace for sale in $GODS. 
  • (h) The total value of Gods Unchained Assets purchased under the Promotion will be capped in an amount of $GODS determined by us in our absolute discretion.
  • (i) The total number of Gods Unchained Assets purchased under the Promotion will be limited to a number determined by us in our absolute discretion.
  • (j) Further clues and information to assist users determine which particular Gods Unchained Assets may be purchased in connection with the Promotion may be set out on our Website or advertised through social media (including but not limited to Twitter, Facebook and Instagram) from time to time.
  • (k) The specific Gods Unchained Assets which are purchased as part of the Promotion will not be named until after the Promotion has ended.
  • (l) We provide no guarantee that any specific Gods Unchained Asset will be purchased, or that a particular price will be paid for any specific asset.

2. User Eligibility and Acknowledgements

You acknowledge and agree that:

  • (a) You must meet the (Qualifying Actions) as set out in these Promotion Terms or advertised through social media (including but not limited to Twitter, Facebook and Instagram) from time to time, which we may in our discretion, change without notice; 
  • (b) You are solely responsible for any decision to enter into a transaction in connection with this Promotion, including the evaluation of any and all risks related to any such transaction;
  • (c) A significant degree of IT sophistication is required to safely deal in and store Digital Currency of any kind using a Digital Wallet;
  • (d) We are not a custodian for the purposes of any securities or financial product legislation, and transfers of any $GODS are for transaction purposes only;
  • (e) All transactions entered into and conducted under this Promotion are deemed to have occurred within the Jurisdiction;
  • (f) We are not responsible for any Loss caused by your failure to act in accordance with our policies, procedures or in accordance with our reasonable directions which relate to Qualifying Actions;
  • (g) You engage in Qualifying Actions entirely at your own risk and understanding and we have not made any representations or warranties as to the IT security or ongoing availability of such services or that your access to the Promotion will be uninterrupted, timely or secure at all times;
  • (h) We do not and cannot guarantee there will be any use for, or any particular amount available for any $GODS you may received under this Promotion; and
  • (i) We do not represent or guarantee any outcomes, or any financial return from your participation in the Promotion.

3. User Warranties

You warrant and assure us that in participating in the Promotion and performing the Qualifying Actions:

  • (a) You have complied and will continue to comply with the terms and conditions and privacy policy set out on the Website;
  • (b) You have adequate knowledge and expertise of distributed ledger/blockchain technologies, rewards, accounts, keys, and details of earning rewards; including sufficient experience in dealing with and storing Digital Currency using a Digital Wallet;
  • (c) You have all necessary experience, resources, certificates, licences, permits and approvals to procure or receive $GODS in Your Jurisdiction, and that any transactions under this Promotion will be legal under the applicable laws of Your Jurisdiction; 
  • (d) All information you supply is true and accurate as at the time it is given, and that any Digital Wallet address you provide to us has been generated in accordance with best practice security measures and no other party, other than you or your authorised representative, has used, or has access to, the seed phrases, private keys or analogous passwords required to effect transfers from, the Digital Wallet;
  • (e) You hold or have held no Gods Unchained Assets which were derived from any illegal or unlawful activity;
  • (f) You are the lawful owner of any Digital Wallet nominated for delivering $GODS and each Digital Wallet is owned and operated solely for your benefit, and no person has any right, title or interest in your nominated Digital Wallet; and
  • (g) You have had the opportunity to obtain independent legal advice in relation to the nature and effect of these Promotion Terms.

4. Continuous Warranties

You represent and warrant to us that:

  • (a) Each of the User Warranties is true and accurate, and not misleading or deceptive as at the date of these Promotion Terms and, except as expressly stated, will be true, accurate and not misleading or deceptive each time you perform Qualifying Actions; and 
  • (b) In the event that any of the User Warranties cease to be true and accurate, you will immediately cease your eligibility to participate in the Promotion.

5. Indemnity

  • (a) You agree to indemnify us and our Personnel and will keep us and our Personnel indemnified at all times to the fullest extent permitted by law in respect of any Loss or Claim which we or our Personnel may suffer, sustain or incur arising from, or connected with, a breach of a User Warranty without limitation.
  • (b) In addition, you must indemnify us and our Personnel and keep us and our Personnel indemnified at all times to the fullest extent permitted by law in respect of any Claim which we or our Personnel may suffer, sustain or incur arising from, or connected with, any breach of these Promotion Terms, other than a breach of a User Warranty, or any breach of all applicable laws, reduced to the extent of the Loss in respect of the Claim was caused by the negligent act or omission of us or our Personnel.

6. Limitation of Liability

  • In the absence of a material breach of these Promotion Terms by us, we will not be liable to you on account of anything done, omitted or suffered by us acting in good faith when providing any $GODS to you pursuant to these Promotion Terms, including in respect of a Force Majeure Event. 

7. Third-party Services

  • We will not be liable for the performance, errors or omissions of unaffiliated, nationally or regionally recognised third parties or decentralised networks such as, by way of example and not limitation: blockchain networks (whether private/permissioned or public), courier companies, national postal services and other delivery, telecommunications and other companies not under our reasonable control, and third parties not under our reasonable control providing services to the blockchain industry generally, such as, by way of example and not limitation, companies and other entities providing processing and payment or transaction services (including “Layer 2” or similar “roll-up” or optimisation services), banking partners, custody services, market making services and/or third party pricing services and decentralised blockchain networks.

8. Compliance with Laws – No Monitoring Responsibilities

  • (a) We will have no liability or responsibility for your compliance with laws or regulations governing the use of Digital Currency. Further, you are solely responsible for compliance with all applicable requirements of any laws, rules, and regulations of governmental authorities in Your Jurisdiction. 
  • (b) You further acknowledge that neither we nor any of our Personnel is, and will not be, by virtue of providing the delivery of any $GODS to you, an advisor or fiduciary to you.

9. No liability for Consequential Loss

  • Neither party will be liable to the other for any Loss or Claim in the nature of consequential or indirect loss, including without limitation loss of profits, loss of chance, loss of expectations, or loss or opportunity.

10. Disputes Resolution and Class Action Waiver

  • (a) Any dispute, claim or controversy (Dispute) arising out of or relating to any of these Promotion Terms or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Sydney before one arbitrator. The arbitration shall be administered by the Resolution Institute pursuant to the Resolution Institute’s Arbitration Rules 2020. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking urgent interlocutory or provisional remedies in aid of arbitration from a court of appropriate jurisdiction. 
  • (b) If permitted by applicable law, each party waives the right to litigate in court or an arbitration proceeding any Dispute as a class action, either as a member of a class or as a representative, or to act as a private attorney general. 

11. Confidentiality

  • Each party must keep confidential, all information relating to the subject matter of a Dispute as disclosed during or for the purposes of dispute resolution under this clause 6, unless that party is compelled by a regulatory or government authority, court or tribunal to disclose that information. 

12. Miscellaneous

  • (a) Governing law and jurisdiction
  • These Promotion Terms are governed by the laws of the Jurisdiction. The parties irrevocably submit to the exclusive jurisdiction of the courts of the Jurisdiction and the courts of appeal from them.
  • (b) Amendment 
  • We reserve the right to amend these Promotion Terms from time to time in our absolute discretion. Amendments will be effective as soon as such changes are notified to you in writing from time to time.  
  • (c) Precedence
  • Where there is inconsistency between these Promotion Terms and other content displayed on the Website concerning the Promotion Terms, the content of these Promotion Terms will prevail to the extent of any inconsistency 
  • (d) Force Majeure
  • We will not be liable for any delay or failure to perform our obligations under these Promotion Terms if such delay is due to any circumstances beyond our reasonable control (including but not limited to epidemics, pandemics, blockchain congestion or attacks, Government sanctions or orders, whether known or unknown at the time the parties enter into these Promotion Terms) (Force Majeure Event).
  • (e) Severance
  • If any provision of these Promotion Terms are void, voidable, unenforceable, illegal, prohibited or otherwise invalid in a jurisdiction, in that jurisdiction the provision must be read down to the extent it can be to save it but if it cannot be saved by reading it down, words must be severed from the provision to the extent they can be to save it but if that also fails to save it the whole provision must be severed.  That will not invalidate the remaining provisions of these Promotion Terms nor affect the validity or enforceability of that provision in any other jurisdiction where it is not invalid.
  • (f) Entire agreement
  • These Promotion Terms constitute the entire agreement of the parties in respect of the subject matter of these Promotion Terms and supersedes all prior discussions, representations, undertakings and agreements.
  • None of our agents or representatives are authorised to make any representations, conditions or agreements not expressed by us in writing nor are we bound by any such statements.
  • (g) Definitions
  • In these Promotion Terms:
  • Claim includes a claim, notice, demand, action, proceeding, litigation, investigation, however arising whether present, unascertained, immediate, future or contingent, whether based in contract, tort or statute and whether involving a third party or a party to these Promotion Terms and where and to the extent the context permits, includes all associated Loss;
  • CosmicShift.Eth Wallet Address means the wallet address CosmicShift.eth 0x7a15DDd9ae02F28b8957bb25A68eA21e670f958c;
  • Digital Currency means a cryptographically secured virtual currency or virtual asset which we identify as an acceptable means, transacting with us and can include the $GODS token;
  • Digital Wallet means the applicable digital wallet location, public key or wallet address, account or storage device which you use for $GODS;
  • Gods Unchained means the Gods Unchained game available at the Website.
  • Gods Unchained Assets means items earned in-game or purchased on the Marketplace which may include cards, card packs and other items
  • $GODS is the governance token operating as part of the in-game Gods Unchained economy
  • Jurisdiction means Sydney, NSW, Australia;
  • Loss includes any loss, damage, cost, charge, liability or expense (including legal costs and expenses);
  • Marketplace means the marketplace for Gods Unchained Assets at https://godsunchained.com/marketplace
  • Personnel means any employee, contractor, subcontractor, agent, partner, shareholder, ultimate beneficial owner, director or officer of a party;
  • Promotion means the promotional purchase of certain Gods Unchained Assets from the Marketplace as set out in these Promotion Terms
  • User Warranties means the warranties set out in clause 3;
  • Your Jurisdiction means the country or state where you are ordinarily resident or from which you enter into any agreement with us; and
  • Website means the website available at https://godsunchained.com/ or any other website as may be made available by us from time to