Last Updated: July 29, 2022
Welcome to our Gambit Beta Terms of Service (“Terms”). These Terms set forth the terms and conditions of the agreement between you, an individual user (“you” or “User”), and Gambit Network Inc. (“we”, “us”, “our” or “Gambit”) and govern your use of this and our other websites, webpages, platforms, applications, games, products and services (collectively, our “Site”).
OUR SITE IS STILL IN ITS PRE-RELEASE BETA TESTING PHASE AND IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND IS BELIEVED TO CONTAIN DEFECTS. A PRIMARY PURPOSE OF THIS BETA TESTING IS TO OBTAIN FEEDBACK ON PERFORMANCE AND IDENTIFY DEFECTS. ANY DOWNLOADING OR UPLOADING OF MATERIAL TO OR FROM OUR SITE IS DONE AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO ANY COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES. OUR SITE MAY NOT OPERATE CORRECTLY AND MAY BE SUBSTANTIALLY MODIFIED PRIOR TO ITS GENERAL COMMERCIAL RELEASE, NEVER RELEASED, OR WITHDRAWN AFTER RELEASE. THE PROGRESS, DATA, PURCHASES AND DIGITAL ASSETS (DEFINED BELOW) ACQUIRED DURING THIS BETA PERIOD MAY BE ALTERED, REDUCED, DELETED OR INACCESSIBLE WHEN OUR SITE IS FULLY RELEASED. BETA ACCOUNT PROGRESS AND ASSETS MAY ALSO BE RESET AT ANY TIME WITHOUT NOTICE TO ACCOMMODATE TESTING NEEDS.
PLEASE READ THESE TERMS CAREFULLY, AS THEY CONSTITUTE A BINDING, LEGAL AGREEMENT BETWEEN YOU AND US AND CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS, INCLUDING, BUT NOT LIMITED TO, VARIOUS LIMITATIONS AND EXCLUSIONS ON DAMAGES YOU MAY CLAIM AGAINST US AND INDEMNIFICATION OBLIGATIONS YOU OWE TO US. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE OUR SITE.
You may have the opportunity on our Site to earn, buy, trade, donate, exchange and otherwise use various digital currencies, non-fungible tokens and other assets, including assets native to Gambit like Gambit coin and Athlete Token (“Digital Assets”). As with any asset, the value of Digital Assets can go up or down, and there can be a substantial risk that you lose value buying, trading, donating and exchanging Digital Assets. You should carefully consider whether trading or holding Digital Assets is suitable for you in light of your financial condition. Gambit does not offer securities services in any jurisdiction and is not registered with any securities regulator.
Certain portions, features, or functionalities of the Site may be subject to different or additional terms, rules, guidelines or policies (“Additional Rules”), and we may provide such Additional Rules to you via postings, pop-up notices, links, or other means at the time that you access or use the relevant area, feature or functionality. From time to time, such Additional Rules may conflict with this agreement; in the event of such a conflict, the Additional Rules will control.
FOR RESIDENTS OUTSIDE OF CANADA, THIS AGREEMENT CONTAINS A DISPUTE RESOLUTION SECTION, WHICH INCLUDES AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER AND BY AGREEING TO THIS USER AGREEMENT YOU AGREE TO RESOLVE ALL DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION, WHICH MEANS THAT YOU WAIVE ANY RIGHT TO HAVE THE DISPUTE DECIDED BY A JUDGE OR JURY, AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN ANY COLLECTIVE ACTION, WHETHER THAT BE A CLASS ACTION, CLASS ARBITRATION, OR REPRESENTATIVE ACTION.
BY CLICKING “I AGREE TO THE TERMS OF SERVICE”, OR BY USING OR ACCESSING THE SITE, YOU REPRESENT THAT YOU UNDERSTAND, ACCEPT, AND AGREE TO BE BOUND AND COMPLY WITH THESE TERMS AND OUR PRIVACY POLICY, WHICH FORMS AN ESSENTIAL PART OF THESE TERMS. YOU MAY NOT USE THE SITE FOR ANY REASON NOT EXPRESSLY ALLOWED BY THESE TERMS, OR IN ANY WAY THAT CONTRAVENES THESE TERMS AND CONDITIONS.
IF YOU DO NOT AGREE TO THESE TERMS OR THE PRIVACY POLICY OR IF YOU ARE PROHIBITED FROM ACCESSING OR USING THE SITE BY LOCAL LAWS WHICH ARE APPLICABLE TO YOU, YOU MUST NOT ACCESS OR USE THE SITE.
Changes to our Site
We may update our Site often, and the effective date of these Terms will be included at the top of this webpage.
The information and material on our Site, and any portion of the Site itself, may be changed, withdrawn, or terminated at any time in our sole and absolute discretion and without advance notice to you. You acknowledge that this may impact the use, functionality, or value of Digital Assets. You agree that we will not be liable if, for any reason, all or any part of the Site is changed, withdrawn, terminated, restricted to users, or unavailable at any time or for any period or if such restriction or unavailability impacts the use, functionality, or value of the Digital Assets.
Your continued use of the Site after the Effective Date constitutes your acceptance of any amended Terms. The amended Terms supersede all previous versions of the Terms. For this reason, we encourage you to review these Terms any time you access or use the Site and to print out a copy of these Terms for your records. If you have any questions about these Terms, please send an email to [email protected].
Your Limited Right to Use Our Site
Subject to these Terms, we grant you permission to use our Site strictly on a non-exclusive, non-transferable, and limited basis for your own personal and noncommercial use. Neither the Site nor any portion of the Site or any Content (defined below) may be reproduced, duplicated, copied, sold, resold or otherwise exploited for any commercial purpose that is not expressly permitted by us in writing, except that where the Site is configured to enable the download of particular Content, you may download one copy of such Content to a single device for your personal, noncommercial home use only, provided that you: (a) keep intact all copyright and other proprietary notices, (b) make no modifications to the Content, and (c) do not use the Content in a manner that suggests an association with any of our products, services, or brands.
In the event that we offer downloads of software from our Site and you download such software, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively the “Software”), are licensed to you by us or third-party licensors for your personal, noncommercial use only. We do not transfer title to the Software to you. You may not distribute or otherwise exploit the Software or decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-readable form.
Account Creation
We will need some information from you to get you set up with an account on our Site, including your name and your contact information, like your mobile phone number, email address and social media and social messaging handles. The information that you provide may be subject to additional verification. You may be able to access the Site by logging in with your social media accounts or linking to other social media platforms, in which case such accounts and platforms may pass such information directly to us. You agree that you will provide us with accurate, true, and complete information about yourself whenever you are prompted to provide us with information, and that you will update such information whenever it changes. Your failure to do so may constitute a breach of these Terms.
You agree that you will maintain the security of all information that you provide to us, and that it is solely your responsibility to keep your username, passwords, devices used to access the Site, and all other materials secure and confidential. We assume that any transaction initiated or activity that takes place through your account using your credentials is authorized by you. If you become aware of any unauthorized access to your account or any transaction made through your account that was not authorized by you, it is your responsibility to let us know immediately by contacting us at [email protected]. It is important that you regularly check your account to ensure that all activity that occurs on it was authorized by you. We are not liable for any damages or losses that you incur due to unauthorized access, unless you have notified us immediately as indicated above. You may not sell or otherwise transfer your account or any portion thereof.
Eligibility
If you access or use our Site, you represent and warrant that (i) you are at least the age of majority in your jurisdiction, (ii) you are a natural person (corporate entities and similar legal organizations are not eligible to use the Site) and you are legally competent and able to be bound by these Terms, (iii) you are not a principal, employee, officer, director, contractor or agent of Gambit, nor are you an immediate family member of any of the foregoing, (iv) you are not a principal, employee, officer, director, contractor or agent of any daily fantasy sports operators in any jurisdiction in which Gambit operates, (v) you are not a professional or amateur athlete whose individual statistics or performance may be used to determine any part of the outcome of a fantasy sports contest, or a sports agent, team employee, referee, or league official associated with an athletic competition that is the subject of fantasy sports contests, (vi) you will establish only one account to participate in our Site, and only you will operate the account, and (vii) you have not been previously banned from using our Site for any reason. If you are unable to make these representations and warranties, and the additional representations and warranties within these Terms, including in Section 8, or don’t agree to any part of our Terms, you may not access or use our Site.
Digital Assets
Digital Assets are designed as an entertainment product and are not intended to be investments or to be used for investment purposes. Like all products similar to the Digital Assets, they can vary in composition, rarity, and the rights associated with them.
Digital Assets are not legal tender and are not backed or insured by any government. Digital Assets have no inherent value and, like physical collectibles, may have a subjective value on secondary markets.
While the Site may provide information about the estimated value of Digital Assets, including Gambit coin and Athlete Token, and may include information about their historical value, the fiat value of all Digital Assets are subject to volatility and change, and Digital Assets could lose their value, both on an individual as well as a network-wide basis. Gambit does not directly control and is not responsible for the value of any Digital Assets and makes no guarantee, express or implied, of their value in fiat. In addition, Digital Assets that you may use on the Site and on the Gambit Network may not be freely tradable or exchangeable outside of the Site or the Gambit Network. You acknowledge and agree that any purchase of or transaction in Digital Assets conducted by you or on your behalf is made voluntarily, willfully, and exclusively at your own risk.
As such, when purchasing Digital Assets you are strongly encouraged to carefully read the contents and terms associated with each Digital Asset before you do so.
In addition, you acknowledge and agree that Gambit does not offer securities-related services in any jurisdiction. You also acknowledge and understand that Gambit is not a money transmitter and works with third party licensed money transmitter and compliance services entities to conduct regulated transactions, if any. Gambit does not provide investment, financial, tax, or legal advice. The information and applications provided in connection with the Site do not constitute investment advice, financial advice, trading advice, or any other sort of advice, and should not be treated by any user as such. Gambit makes no recommendation and, apart from providing estimated value or historical value data in certain circumstances, does not provide any advice about the actual present fiat value of any Digital Asset.
Transactions that involve cryptocurrency or Digital Assets that occur on the Site may be managed, processed, and confirmed by third parties and as such, any such transactions are subject to any applicable provisions of such parties. We reserve the right to change the method by which cryptocurrency currency transactions are processed at any time.
DUE TO THE NATURE OF BLOCKCHAIN TECHNOLOGY, WE DO NOT HAVE ANY CONTROL OVER ANY CRYPTOCURRENCY OR DIGITAL ASSET TRANSACTIONS THAT ARE MADE ON OUR SITE. YOU ACKNOWLEDGE THAT IT IS NOT TECHNOLOGICALLY POSSIBLE FOR US TO REVERSE TRANSACTIONS AND AS SUCH, YOU ACKNOWLEDGE AND AGREE THAT WE WILL NOT PROVIDE REFUNDS OR EXCHANGES FOR ANY PURCHASE THAT YOU MAKE ON THE SITE.
Fiat currency transactions that occur on the Site, if any, will be managed, processed, and confirmed by third party processors and as such, any such transactions are subject to any applicable provisions of such parties’ terms of service. We reserve the right to change the method by which we process fiat currency transactions at any time. THERE ARE NO REFUNDS FOR FIAT CURRENCY TRANSACTIONS CONDUCTED ON THE SITE.
Transactions; Limitations
You will be able to engage with Athlete Token and Gambit coin on the Site, including to build fantasy teams of athletes and interact with the Gambit community. You may be eligible to participate in rewards programs that will enable you to earn Digital Assets based on your activities on the Site. In addition, depending on your place of residence, you may be able to engage in gameplay loops and skill-based contests offered on the Site.
You will be able to purchase Athlete Token through the Site and may have the opportunity to use Athlete Token to purchase or redeem other Digital Assets, or engage in various transactions with mainnet protocols. You may be charged fees for certain transactions, and if so, such fees will be disclosed to you in advance. In addition, you may be required to provide information prior to the completion of a transaction for purposes of identity verification and detection and prevention of fraud, money laundering, terrorist financing and other financial crimes. Gambit reserves the right to cancel or reject any transaction for which you provide incomplete or incorrect information, or that you do not confirm within a reasonable time following your initiation of the transaction.
You may be able to bring Digital Assets, including Gambit coin and sRLY from your mainnet cryptocurrency wallet to the Site. You may also be able to move your Gambit coin and sRLY from your Site account to your mainnet cryptocurrency wallet.
PLEASE NOTE: Your ability to use all features on the Site may be limited, depending on your place of residence. Because of jurisdictional restrictions, you may not be able to participate in all elements of gameplay and contests. In addition, while you may be able to purchase Gambit coin and Athlete Token, move your sRLY from the mainnet to the Site, and otherwise interact with the Site, you may be restricted from certain other transactions, including exiting your Gambit coin or sRLY to the mainnet, and, accordingly, any value you hold or acquire on the Site will be locked. Please contact [email protected] for further information.
Third Party Services and Websites
Certain third party services may be required for you to transact on our Site and to use our products and services. You represent that you are legally competent and able to agree to the terms and conditions of such third party service providers as such terms and conditions may be updated and amended from time to time. The Site may also contain links to third-party websites and services, including social media (collectively, “Linked Sites”). Linked Sites are not under our control, and we take no responsibility for any information or materials on, or any communications or transmissions received from, any Linked Site. By including a link on our Site to the Linked Site, we are not endorsing the Linked Site. We provide links to Linked Sites for your convenience only, and your access Linked Sites is done at your own risk
Gambit will partner with third party cryptocurrency exchange partners, transaction and payment processors, payment services providers and compliance services providers to manage transactions on the Site. Such third party services providers may charge certain transaction fees. You agree that you will provide us with all the information that we reasonably request, and that if you register with a third party services provider designated by us, you will provide all information required by such third party services provider in order to process payments or transactions. It is your responsibility to ensure that all information provided to us and to any third party services provider is accurate, true and complete. In addition, you agree that your account with any third party services provider is subject to all terms, conditions and privacy policies of such provider. You agree that you are solely responsible for payment of the fees, costs and expenses of a third party services provider in connection with your transaction that may be incurred by you and, in some cases, deducted from your payments. We are not responsible for any delay, failure, damage, or liability caused by a third party services provider, any other third party, a force majeure, or your failure to timely or properly provide us with requested information, or, with respect to third party services provider, your failure to timely or properly set up an account with the payment services provider or otherwise provide requested information for completion of a transaction. If Gambit believes that fraud or attempted fraud, circumvention of any of these Terms or the Gambit Privacy Policy, or any violation of law or regulation is taking place with respect to any payment or transaction, we may take action to withhold, delay, or cancel the transaction, or seek repayment of payments associated with such fraud or violations, in our sole discretion.
Ownership
If you earn, buy and otherwise receive Athlete Token or Gambit coin on the Site, such Athlete Token and Gambit coin are owned by you. Gambit will record these Athlete Token and Gambit coin in your account for your benefit, and Gambit will have no title or ownership rights over such Athlete Token or Gambit coin. As the owner of the Athlete Token and Gambit coin, you will bear all risk of loss with respect to such tokens. Gambit will have no liability for any change or fluctuation in the value of any Athlete Token and Gambit coin.