Terms of Service - BTC Draft

Terms and Conditions of Use

Please read these Terms and Conditions of Use carefully before using any part of the BTCDRAFT website, application or any of the BTCDRAFT community features.

1.1 – What is BTCDRAFT Inc. and www.btcdraft.com, www.btcdraft.ca

BTCDRAFT Inc. (“BTCDRAFT” of “BTCDRAFT.com”) is a company that leverages the fluidity and ease of use brought about by crypto-currencies and brings it into your home for your own personal entertainment. BTCDRAFT.com is the 2018 version of an arcade; we aim to host arcade games on our web properties that allow competitors from around the world to compete in games of skill for prizes. Like an arcade we provide a number of different games that users will be able to pay nominal fees to play. Like the classic arcades of old, our games will run on tokens. When you have won a certain number of tokens, you can cash them in for merchandise in our Marketplace. AT THIS TIME, BTCDRAFT.COM and .CA IS CURRENTLY IN BETA TESTING. THERE IS NO EXCHANGE OF CURRENCY, (CRYPTO, FIAT OR OTHERWISE) AT THIS TIME. BETA TESTING IMPLIES THAT USERS OF THIS WEBSITE ACKNOWLEDGE AND ACCEPT THAT THE SERVICES OFFERED HEREIN ARE A WORK IN PROGRESS AND DO NOT REFLECT THE FINAL PRODUCT OF BTCDRAFT.com. USERS AGREE TO USE THE SERVICES OFFERED HEREIN “AS IS” AND AGREE TO HOLD BTCDRAFT HARMLESS IN THE EVENT OF ANY MISCOMMUNICATION, ABNORMALITY OR OTHER UNFORESEEN CIRCUMSTANCE. BTCDRAFT aims to provide a premiere arcade and gaming experience in the long term. Your on-going and continuous cooperation with our BETA testing will ensure that our final product and user-experience is unrivaled.

1.2 Terms of Service Binding

These Terms of Service govern the use of any of the features found on the Website or any of the properties owned by BTCDRAFT Inc. or its affiliates and subsidiaries, including interactive applications (the “Applications”), community features (the “Community”) or Marketplace (unless a separate terms of use or terms and conditions is provided on that particular website, application, community feature or marketplace) by a user (hereafter, “You” or “User”). Collectively, the Website, Applications, Community and Marketplace constitute the “Services” of BTCDRAFT Inc regardless of the stage of development. Use of the Services constitutes your unconditional agreement to be bound by these Terms of Service. If do you agree to the terms contained herein, you may not use the Services. Participation in the Applications, Community and Marketplace requires that a verified user account, outlined further below, be created. The Terms of Service governs both registered and unregistered users. The Services are intended solely for users who are thirteen (13) years of age and older. The BETA version is available to users worldwide. The final Services may not be available to residents of certain regions. Individuals who are under the age of eighteen (18) may access the free-to-play Applications. Users in all jurisdictions are expected to abide by the state, provincial or national laws by which they are governed and respect all age-related restrictions. BETA users MUST register for an account. Failure to register forfeits all rights and access to BTCDRAFT and its associated properties.

1.3 – License to Use

Use of the Services is granted on a non-exclusive, non-transferable, limited right and license to access, use and privately display content for your personal use only, in full compliance with these Terms of Service. Sections of the Services may be “cached” in order to permit faster load times on future use. Any interference with the Services of any kind through bots, DDOS, spamming, phishing, viruses, hacking or otherwise is expressly prohibited and identification of such use or application shall result in a lifetime ban and associated civil or criminal charges. The Services are presented “as-is” and any modification or alteration to any of the Services is strictly prohibited. Users, or licensees, may not reproduce, sell, manipulate, replicate or exploit any of the Services for any commercial purpose.

1.4 – Modification of these Terms

BTCDRAFT Inc. reserves the right, in its sole discretion, to modify, update, add to, discontinue, remove or otherwise change any portion of the Services or the Policies, in whole or in part, at any time. The website shall always include a link to the most recently updated Terms of Service. Substantial, material changes to the Terms of Service shall be communicated to all Registered Users. Continued use after a change to the Terms of Service implies that you have unconditionally consented to and agreed to any and all such amendments or changes. USERS MUST NOTE THAT THESE TERMS GOVERN THE BETA PHASE OF BTCDRAFT ONLY. UPDATED TERMS WILL ACCOMPANY FURTHER UPDATES TO THE SITE.

1.5 – Third-Party Websites

Services may contain outbound links to third-party websites or resources, which may not obviously be listed as “Third-Party Websites”. The Services may also contain, images, text, graphics, articles, photographs, designs, music, video or other media that originates from Third-Party Websites. Inclusion of such media DOES NOT represent an endorsement or approval of such media. BTCDRAFT strives to provide relevant content that our Users will find interesting. As such, we will provide links to news stories, software applications, and other services that we think our Users might be interested in. In no way does BTCDRAFT claim to guarantee the accuracy, legitimacy or appropriateness of any Third-Party links or content whatsoever. Users are responsible for reading and understanding the Terms of Service, Privacy Policies and any other such agreements that independently govern the use of Third-Party content or websites.

1.6 – Termination of Account

BTCDRAFT Inc. reverses the unfettered right to terminate User Registrations for any reason whatsoever with or without notice. This includes restricting access to certain or all parts of the Services. Any account balances that remain in a Users account at the time of termination shall be forfeited immediately. Users accept that BTCDRAFT shall have no responsibility or liability whatsoever to you or any other person for any suspension or termination of your access to BTCDRAFT properties.

1.7 – Intellectual Property

All trade-marks, copyright and patents are the sole and exclusive property of BTCDRAFT INC. Any and all derivative trade-marks, copyright or patents that originate as a result of use of the BTCDRAFT services are the sole property of BTCDRAFT. User-generated content, information, and materials of any kind or nature that is generated from Community features is to be considered as “Community Content” and does not form part of the BTCDRAFT intellectual property policy so long as it does not derive from existing BTCDRAFT intellectual property. For example, BTCDRAFT retains the right to register, after the fact, any acronyms, short-forms or slang that are derived from the BTCDRAFT, DRAFTCOIN or other such related intellectual property.

1.8 – Copyright Notices

BTCDRAFT respects the intellectual property of others. As such any and all notifications of copyright infringement in community features or otherwise, shall be properly investigated and dealt with accordingly. This is accordance with the Copyright Act (R.S.C., 1985, c. C-42) and The Digital Millennium Copyright Act (“DMCA”). Copyright complaints should include the following information: Your name, address, telephone number, and email address; A description of the copyrighted work that you claim has been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of such works; The exact URL or a description reasonably sufficient to permit BTCDRAFT to locate where the alleged infringing material is located; A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and A statement by you, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. And shall be sent to admin@btcdraft.com.

1.9 – LIMITATION OF LIABILITY

THE SERVICES AND THE SOFTWARE, IF APPLICABLE, ARE PROVIDED “AS IS” “WITH ALL FAULTS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BTCDRAFT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. BTCDRAFT DOES NOT WARRANT THAT THE AVAILABILITY OF OR THE FUNCTIONS CONTAINED IN THE SERVICES, THE SERVICES MATERIALS, THE COMMUNITY FEATURES OR THE SOFTWARE, WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES, THE SERVER THAT MAKES IT AVAILABLE, OR THE SOFTWARE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES, SOFTWARE OR SERVER DO NOT VIOLATE ANY PATENT OR OTHER INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON. BTCDRAFT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USEOR THE RESULTS OF THE USE OF THE SERVICES, THE COMMUNITY FEATURES OR THE SOFTWARE, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT BTCDRAFT) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THE MATERIAL PROVIDED ON THE SERVICES IS FOR ENTERTAINMENT AND PROMOTIONAL PURPOSES ONLY. INFORMATION AND OPINIONS EXPRESSED IN THE COMMUNITY FEATURES ARE NOT NECESSARILY THOSE OF BTCDRAFT. THE COMPANY IS NOT RESPONSIBLE OR LIABLE FOR ANY LOSS, DAMAGE (INCLUDING, BUT NOT LIMITED TO, ACTUAL, CONSEQUENTIAL OR PUNITIVE), LIABILITY, CLAIM OR OTHER INJURY OR CAUSE RELATED TO OR RESULTING FROM ANY INFORMATION POSTED ON THE SERVICES. UNDER NO CIRCUMSTANCES, SHALL THE COMPANY BE LIABLE FOR DAMAGES OF ANY KIND, WHETHER BASED IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, DIRECT, SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OR RESULTING IN ANY WAY FROM OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE SERVICES, THE COMMUNITY FEATURES, THE SERVICES MATERIALS, OR THE SOFTWARE, OR ANY ERRORS OR OMISSIONS IN ITS TECHNICAL OPERATION OR THE MATERIAL, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WHILE BTCDRAFT TAKES PRECAUTIONS AGAINST SECURITY BREACHES, NO WEBSITE OR INTERNET TRANSMISSION IS COMPLETELY SECURE, AND AS SUCH, THE COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES THAT MAY RESULT FROM UNAUTHORIZED ACCESS, HACKING, DATA LOSS, OR OTHER BREACHES THAT MAY OCCUR. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE COMPANY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICES. BY ACCESSING THE SERVICES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, ANY SUCH PROVINCIAL, STATE OR NATIONAL CLAIMS WITH RESPECT TO DEBTOR AND CREDITOR RELATIONSHIPS.

1.10 – INDEMNIFICATION

BY USING THE SERVICES YOU AGREE TO INDEMNIFY, DEFEND AND HOLD BTCDRAFT FREE FROM AND AGAINST ANY THIRD PARTY CLAIMS, ALLEGED CLAIMS, DEMANDS, CAUSES OF ACTION, JUDGMENTS, DAMAGES, LOSSES, LIABILITIES, AND ALL COSTS AND EXPENSES OF DEFENSE, INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES, ARISING OUT OF OR RELATING TO: YOUR BREACH OF YOUR REPRESENTATIONS, WARRANTIES, COVENANTS OR AGREEMENTS HEREUNDER; YOUR VIOLATION OF THESE TERMS OR ANY LAW; YOUR USE OF THE SERVICES AND/OR THE MATERIAL IN VIOLATION OF THESE TERMS; INFORMATION OR MATERIAL POSTED OR TRANSMITTED THROUGH YOUR COMPUTER OR REGISTERED ACCOUNT, EVEN IF NOT SUBMITTED BY YOU, THAT INFRINGES ANY COPYRIGHT,TRADEMARK, TRADE SECRET, TRADE DRESS, PATENT, PUBLICITY, PRIVACY OR OTHER RIGHT OF ANY PERSON OR DEFAMES ANY PERSON; ANY MISREPRESENTATION MADE BY YOU; AND/OR BTCDRAFT’S USE OF YOUR INFORMATION. YOU WILL COOPERATE AS FULLY AND AS REASONABLY REQUIRED IN BTCDRAFT’S DEFENSE OF ANY CLAIM. BTCDRAFT RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, AND YOU SHALL NOT IN ANY EVENT SETTLE ANY SUCH MATTER WITHOUT THE WRITTEN CONSENT OF BTCDRAFT.

1.11– DATA / PRIVACY

BTCDRAFT will gather certain information in relation to the performance of BTCDRAFT.com and related properties for the sole purpose of optimizing the BTCDRAFT experience. BTCDRAFT may employ third- party analytics and marketing firms to assist in the optimization of our services. AT NO TIME WILL THIS INFORMATION BE SHARED WITH PARTIES WE DO NOT HAVE A TRUSTED RELATIONSHIP WITH. IN NO CIRCUMSTANCES WILL PERSONAL INFORMATION BE GATHERED OR STORED FOR THE PURPOSE OF THIRD- PARTY COMMERCIAL GAIN. YOUR PERSONAL INFORMATION WILL NEVER BE SOLD, TRANSMITTED OR SHARED TO UNAUTHORIZED THIRD PARTIES. We use cookies to help us to identify account holders and to optimize their experience of our Services. Your IP address will be logged in order to ascertain whether or not our services are allowed to be legally provided in your jurisdiction.

1.12– Severability

If, in any jurisdiction, any provision of these Terms or its application to either party or circumstance is restricted, prohibited or unenforceable, the provision shall, as to that jurisdiction, be ineffective only to the extent of the restriction, prohibition or unenforceability without invalidating the remaining provisions of these Terms and without affecting the validity or enforceability of such provision in any other jurisdiction, or without affecting its application to other parties or circumstances.

1.13 – Governing Law

These terms are made under and shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable in the Province of Ontario.

1.14 – PERSONAL RESPONSIBILITY

You are responsible for keeping your information up to date and obeying local, state, provincial, national or international laws. BTCDRAFT shall assume no responsibility for inaccuracy of information on behalf of the USER.