iGuild Terms Of Service

Terms Of Service

Last Updated: June , 2023

1. Introduction

Welcome to iGaming Guild NFT marketplace, owned and operated by iGaming Guild (“iGaming Guild NFT,” “we,” “us”, or “our”). These Terms of Service (“Terms”) govern your access to and use of the iGaming Guild NFT website(s), our APIs, and any other software, tools, features, or functionalities provided on or in connection with our services; including without limitation using our services to view, explore, and create NFTs and use our tools, at your own discretion, to connect directly with others to purchase, sell, or transfer NFTs on public blockchains (collectively, the “Service”). “NFT” in these Terms means a non-fungible token or similar digital item implemented on a blockchain (such as the Ethereum blockchain), which uses smart contracts to link to or otherwise be associated with certain content or data.

For purposes of these Terms, “user”, “you”, and “your” means you as the user of the Service. If you use the Service on behalf of a company or other entity then “you” includes you and that entity, and you represent and warrant that (a) you are an authorized representative of the entity with the authority to bind the entity to these Terms, and (b) you agree to these Terms on the entity’s behalf.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION AND AFFECT YOUR LEGAL RIGHTS. AS OUTLINED IN SECTION 16 BELOW, THEY INCLUDE A MANDATORY ARBITRATION AGREEMENT AND CLASS ACTION WAIVER WHICH (WITH LIMITED EXCEPTIONS) REQUIRE ANY DISPUTES BETWEEN US TO BE RESOLVED THROUGH INDIVIDUAL ARBITRATION RATHER THAN BY A JUDGE OR JURY IN COURT.BY CLICKING TO ACCEPT AND/OR USING OUR SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL OF THE TERMS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICE.

Because we have a growing number of services, we sometimes need to provide additional terms for specific services (and such services are deemed part of the “Service” hereunder and shall also be subject to these Terms). Those additional terms and conditions, which are available with the relevant service, then become part of your agreement with us if you use those services. In the event of a conflict between these Terms and any additional applicable terms we may provide for a specific service, such additional terms shall control for that specific service.iGaming Guild reserves the right to change or modify these Terms at any time and in our sole discretion. If we make material changes to these Terms, we will use reasonable efforts to provide notice of such changes, such as by providing notice through the Service or updating the “Last Updated” date at the beginning of these Terms. By continuing to access or use the Service, you confirm your acceptance of the revised Terms and all of the terms incorporated therein by reference effective as of the date these Terms are updated. It is your sole responsibility to review the Terms from time to time to view such changes and to ensure that you understand the terms and conditions that apply when you access or use the Service.

2. Accessing the Service

Account Registration: In order to access and use the Service, you are required to create an account ("Account"), which will be associated with your unique blockchain address. To personalize your Account, you have the option to add additional information, such as a profile picture, to give your persona some flair.

Compliance with Applicable Laws: By using the Service, you represent and warrant that you will comply with all applicable laws, including but not limited to local, state, federal, and international laws, regulations, and statutes. It is your responsibility to ensure that your use of the Service does not violate any legal restrictions or embargoes.

Embargoed Jurisdictions and Sanctions: You confirm that you are not located in, ordinarily resident in, or organized under the laws of any jurisdiction that is subject to a comprehensive U.S. Government embargo ("Embargoed Jurisdiction"). Additionally, you are not subject to any sanctions administered by the U.S. Government, any other government, or the United Nations ("Sanctions"). Furthermore, you are not owned or controlled, directly or indirectly, by any person or entity that is subject to Sanctions or is located in, ordinarily resident in, or organized under the laws of any Embargoed Jurisdiction. This representation remains valid throughout the entire duration of this agreement.

Additional Information and Compliance Requests: iGaming Guild reserves the right to request additional information and documents from you under certain circumstances. Such requests may arise from government authorities' inquiries, applicable laws or regulations, or investigations related to a potential violation of these Terms. In such cases, iGaming Guild may, at its sole discretion, temporarily disable your Account and restrict your access to the Service until the requested information and documents are provided and processed.

Service Interruptions: Your access and use of the Service may experience intermittent interruptions for various reasons. These reasons may include equipment malfunctions, periodic updates, maintenance, repairs, or other actions that iGaming Guild may deem necessary in its sole discretion. While iGaming Guild strives to minimize disruptions, they may occur from time to time.

Inactive Accounts: If your Account remains inactive for a continuous period of six months or longer, as determined solely by iGaming Guild, it reserves the right to disable your Account or reassign your username or associated URL.

Age Requirement: All users must be at least 18 years old to access and use the Service. If you are between 13 and 18 years old, you may only use iGaming Guild through a parent or guardian's Account with their explicit approval and supervision. The account holder (parent or guardian) is fully responsible for all actions taken using the Account. The Service is strictly prohibited for use by individuals under the age of 13 years.

3. Eligibility and Account Restrictions

Prohibition of Multiple Accounts: Users must understand and adhere to the strict policy of creating multiple accounts on the platform. The creation or possession of multiple accounts by a single user is strictly prohibited.

Suspension of Associated Accounts: Any violation of the single account policy, including the discovery of multiple accounts associated with a single user, will result in the immediate suspension of all related accounts. Upon suspension, access to these accounts will be temporarily revoked, and all assets held within them will be frozen until a comprehensive investigation is conducted.

Confiscation of Illegally Obtained Funds: If any funds on the account are found to be obtained illegally or in violation of the platform's terms and conditions, those funds will be confiscated.

Utilization of Advanced AI Algorithms: Our platform employs advanced AI algorithms that leverage device fingerprints to identify and analyze potential multi-accounts. These sophisticated algorithms use various techniques to assess the uniqueness of each account and detect any breaches of the single account policy.

Deliberate Bypass Attempts: Users should be aware that any deliberate attempts to create multiple accounts with the intent to bypass the platform's restrictions are strictly forbidden. Such actions will be considered a serious violation, and the consequences may include permanent suspension and permanent loss of access to the platform.

Fair and Equitable Environment: The single account policy is in place to ensure a fair and equitable environment for all users. By adhering to this policy, users contribute to the integrity and trustworthiness of the Platform for the benefit of the entire community.

Reporting Violations: If users become aware of any potential violations of the multi-account policy, they are encouraged to report such activities to the platform's support team. Reporting such violations helps maintain a transparent and secure platform for all users.

Acknowledgment and Agreement: By using the platform, users acknowledge that they have read, understood, and agreed to comply with the multi-account rules and the consequences of violating them. The platform reserves the right to take appropriate actions against any user found to be in breach of these rules.

4. Ownership

The Service, including its “look and feel” (e.g., text, graphics, images, logos, page headers, button icons, and scripts), proprietary content, information and other materials, and all content and other materials contained therein, including, without limitation, the iGaming Guild logo and all designs, text, graphics, pictures, data, software, sound files, other files, and the selection and arrangement thereof are the proprietary property of iGaming Guild or our affiliates, licensors, or users, as applicable, and you agree not to take any action(s) inconsistent with such ownership interests. We and our affiliates, licensors, and users, as applicable, reserve all rights in connection with the Service and its content, including, without limitation, the exclusive right to create derivative works.

iGaming Guild name, logo, trademarks, and any iGaming Guild product or service names, designs, logos, and slogans are the intellectual property of iGaming Guild or our affiliates or licensors and may not be copied, imitated or used, in whole or in part, without our prior written permission in each instance. You may not use any metatags or other “hidden text” utilizing “iGaming Guild” or any other name, trademark or product or service name of iGaming Guild or our affiliates or licensors without our prior written permission. In addition, the “look and feel” of the Service constitutes the service mark, trademark or trade dress of iGaming Guild and may not be copied, imitated or used, in whole or in part, without our prior written permission.

All other third-party trademarks, registered trademarks, and product names mentioned on the Service or contained in the content linked to or associated with any NFTs displayed on the Service are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable intellectual property rights holder. Reference to any products, services, processes or other information by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by iGaming Guild.

We welcome feedback, comments, and suggestions for improvements to the Service (“Feedback”). You acknowledge and expressly agree that any contribution of Feedback does not and will not give or grant you any right, title, or interest in the Service or in any such Feedback. You agree that iGaming Guild may use and disclose Feedback in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim. You hereby assign to iGaming Guild any and all right, title, and interest (including, but not limited to, any patent, copyright, trade secret, trademark, show-how, know-how, moral rights and any and all other intellectual property right) that you may have in and to any and all Feedback.

5. Ownership of Rights in Content.

The Content remains the sole and exclusive property of iGaming Guild or its Licensors (defined below). These retained rights include intellectual property and intangible rights, such as trademark, character rights, copyright, neighboring rights, graphic design, industrial design, rights of personality, rights of publicity, rights of privacy, and the digital file constituting a copy of the Content. The purchaser of a Token acquires no ownership of the Content with which that Token is associated. User shall not alter, seek to avoid, or interfere with the technology embodying or linking to the Smart Contract associated with a Token.

6. Limited Right to Commercialize Token; Contract Rights of Licensors.

In most cases, the Token links to Content that contains the intellectual property rights of a third parties who have licensed such Content to iGaming Guild (“Licensors”). Other than the right to sell the Token, User may not make any commercial use of the Content associated with a Token. This prohibition is intended to be interpreted broadly. User may not use the Content to suggest any affiliation, sponsorship, approval, endorsement, or other relationship between User and the subject matter of the Content or the owner/Licensor of the intellectual property rights in the Content. User shall not create any products, provide services, adopt as a social media handle, use as the name of a social media account, use as a trademark or trade name, or otherwise use or exploit any intellectual property associated with Content. User shall not display the Content in a context that may embarrass, or bring into disrepute, or enmesh in controversy, the Content or the owner of the intellectual property rights in the Content (by way of example, displaying the Content in connect with personal attacks, harassment, discrimination, pornography, cruelty, sex, guns, alcohol, hate speech, or politics). Some Licensors require, as a condition of User’s purchase of a Token that directs to Content licensed to iGaming Guild by Licensor, that User also accept Licensor’s terms of service, or license agreement, or other contract terms in addition to these Terms (“Licensor Terms”). Licensor Terms are set by Licensor, are a contract between Licensor and User, and are enforceable by the Licensor. With respect to Tokens purchased from iGaming Guild that relate to Content licensed to iGaming Guild by a Licensor, in the event of any conflict between these Terms and Licensor Terms, the provisions of Licensor Terms shall control.

7. User Conduct

You agree that you will not violate any law, contract, intellectual property or other third-party right, and that you are solely responsible for your conduct and content, while accessing or using the Service. You also agree that you will not:

Use or attempt to use another user’s Account without authorization from such user;
Pose as another person or entity, or use a wallet to engage in a transaction on iGaming Guild that is owned or controlled, in whole or in part, by any other person;
Claim an iGaming Guild username for the purpose of reselling it, confusing others, deriving others’ goodwill, or otherwise engage in name squatting;
Access the Service from a different blockchain address if we’ve blocked any of your other blockchain addresses from accessing the Service, unless you have our written permission first;
Distribute spam, including through sending unwanted NFTs to other users;
Use the Service – including through disseminating any software or interacting with any API – that could damage, disable, overburden, or impair the functioning of the Service in any manner;
Bypass or ignore instructions that control access to the Service, including attempting to circumvent any rate limiting systems by using multiple API keys, directing traffic through multiple IP addresses, or otherwise obfuscating the source of traffic you send to iGaming Guild;
Use our Service for commercial purposes inconsistent with these Terms or any other instructions;
Use any data mining, robot, spider, crawler, scraper, script, browser extension, offline reader, or other automated means or interface not authorized by us to access the Service, extract data, or otherwise interfere with or modify the rendering of Service pages or functionality;
Reverse engineer, duplicate, decompile, disassemble, or decode any aspect of the Service, or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any service, area, or code of the Service;
Sell or resell the Service or attempt to circumvent any iGaming Guild fee systems;
Use the Service or data collected from our Service for any advertising or direct marketing activity (including without limitation, email marketing, SMS marketing, and telemarketing);
Use the Service for or in connection with money laundering, terrorist financing, or other illicit financial activity, or in any way in connection with the violation of any law or regulation that applies to you or to iGaming Guild;
Use the Service, directly or indirectly, for, on behalf of, or for the benefit of, (a) any natural or legal person that is the subject of Sanctions; (b) any natural or legal person located in, ordinarily resident in, or organized under the laws of, any Embargoed Jurisdiction; or (c) any legal person owned or controlled, directly or indirectly, by any natural or legal person located in, ordinarily resident in, or organized under the laws of, any Embargoed Jurisdiction.
Use the Service to carry out any financial activities subject to registration or licensing, including but not limited to creating, offering, selling, or buying securities, commodities, options, or debt instruments;
Use the Service to engage in price manipulation, fraud, or other deceptive, misleading, or manipulative activity;
Use the Service to buy, sell, or transfer stolen items, fraudulently obtained items, items taken without authorization, and/or any other illegally obtained items;
Infringe or violate the intellectual property rights or any other rights of others;
Create or display illegal content, such as content that may involve child sexual exploitation;
Create or display NFTs or other items that promote suicide or self-harm, incites hate or violence against others, or doxes another individual;
Use the Service for any illegal or unauthorized purpose, including creating or displaying illegal content, such as content that may involve child sexual exploitation, or encouraging or promoting any activity that violates the Terms of Service;
Use the Service in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Service.

8. Communication Preferences

By creating an Account, you consent to receive electronic communications from iGaming Guild (e.g., via email, push notification, text messages, or other types of messages). These communications may include notices about your Account (e.g., transactional information) and are part of your relationship with us. We may also send you promotional communications via email we think will be of interest to you. You understand that you are not required to provide this consent as a condition of using the Service and you may opt out of these communications through the Service or through your mobile device’s operating system (with the possible exception of important service announcements and administrative messages) by following the unsubscribe instructions provided.

9. BONUSES POLICY

9.1. Iguild Cashback Bonus

Bonus Definition

"Iguild Cashback Bonus" is a special bonus provided to players of the Iguild project who play at our partner casino. The bonus represents a cashback of 100% of the funds lost in the partner casino within 24 hours from the start of the promotion.

Participation in the Promotion

To participate in the "Iguild Cashback Bonus" promotion, players must:

Register on our website
Follow the link provided in the promotion terms to register at the partner casino.
Deposit funds into their gaming account at the partner casino using the available deposit methods.
Play with their deposited funds at the partner casino within 24 hours from the start of the promotion.
Provide your login on the

The promotion is valid for the first 100 users who make a deposit in the casino. This promotion cannot be combined with other promotions and bonuses offered by the partner casino.

Calculation and Allocation of the Bonus

After 24 hours from the start of the promotion, we receive data on the players' lost funds from the partner casino. We calculate the cashback bonus for each player, returning 100% of their lost funds, up to a maximum of $100. The cashback bonus is allocated to players' personal accounts on our portal in the form of an NFT from the iGuild Cash Vault collection. The allocation is made in an equivalent amount to the lost funds, but not less than the amount lost. The bonus is allocated within 10 business days from the receipt of loss data from the partner casino.

Use and Withdrawal of the Bonus

The received NFT from the iGuild Cash Vault collection is a bonus that users can claim. The claimed NFT can be converted into funds in the user's account in the form of USDT.

Dispute Resolution

In case of any disputes, players can contact our support team. Please use the live chat on our website to get in touch with our support team.

Promotion Conduct

Promotions such as "Iguild Cashback Bonus" are conducted periodically at our discretion. Information about the start of the promotion with cashback bonuses and all unique details will be posted on the social media platforms of the Iguild project and sent to Iguild project participants via email. Each launch of the promotion may have additional unique details, which will be described in detail on social media and sent via email.

General Terms

All decisions and actions related to the "Iguild Cashback Bonus" promotion are made by us based on our own rules and in accordance with the rules of the partner casino. We reserve the right to verify compliance with the promotion terms by players and take appropriate measures, including the cancellation of the bonus, in case of violation of the promotion rules or the general rules of our portal and the partner casino. This bonus policy is part of our general terms of use and is subject to change without prior notice.

10. Indemnification

By agreeing to these Terms and accessing the Service, you agree, to the fullest extent permitted by applicable law, to indemnify, defend, and hold harmless iGaming Guild, and our respective past, present, and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors, and assigns (individually and collectively, the “iGaming Guild Parties”), from and against all actual or alleged claims, damages, awards, judgments, losses, liabilities, obligations, taxes, penalties, interest, fees, expenses (including, without limitation, attorneys’ fees and expenses), and costs (including, without limitation, court costs, costs of settlement, and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract, or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of the Service, content, NFTs, or content linked to or associated with any NFTs (b) any Feedback you provide, (c) your violation or breach of any term of these Terms or applicable law, and (d) your violation of the rights of or obligations to a third party, including another user or third-party, and (e) your negligence or wilful misconduct. You agree to promptly notify iGaming Guild of any Claims and cooperate with the iGaming Guild Parties in defending such Claims. You further agree that the iGaming Guild Parties shall have control of the defense or settlement of any Claims. THIS INDEMNITY IS IN ADDITION TO, AND NOT IN LIEU OF, ANY OTHER INDEMNITIES SET FORTH IN A WRITTEN AGREEMENT BETWEEN YOU AND iGaming Guild.

11. Disclaimers

YOUR ACCESS TO AND USE OF THE SERVICE IS AT YOUR OWN RISK. YOU UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND iGaming Guild EXPRESSLY DISCLAIMS WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. iGaming Guild (AND ITS SUPPLIERS) MAKE NO WARRANTY OR REPRESENTATION AND DISCLAIM ALL RESPONSIBILITY FOR WHETHER THE SERVICE: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE. iGaming Guild DISCLAIMS ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. iGaming Guild WILL NOT BE LIABLE FOR ANY LOSS OF ANY KIND FROM ANY ACTION TAKEN OR TAKEN IN RELIANCE ON MATERIAL OR INFORMATION, CONTAINED ON THE SERVICE. WHILE iGaming Guild ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE SERVICE SAFE, iGaming Guild CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICE, CONTENT, CONTENT LINKED TO OR ASSOCIATED WITH ANY NFTS, OR ANY NFTS YOU INTERACT WITH USING OUR SERVICE OR OUR SERVICE PROVIDERS’ SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE CANNOT GUARANTEE THE SECURITY OF ANY DATA THAT YOU DISCLOSE ONLINE. NO ADVICE OR INFORMATION, WHETHER ORAL OR OBTAINED FROM THE iGaming Guild PARTIES OR THROUGH THE SERVICE, WILL CREATE ANY WARRANTY OR REPRESENTATION NOT EXPRESSLY MADE HEREIN. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND WILL NOT HOLD iGaming Guild RESPONSIBLE FOR ANY BREACH OF SECURITY.

WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS AND TAKE NO RESPONSIBILITY FOR, AND WILL NOT BE LIABLE TO YOU FOR, ANY USE OF NFTS, CONTENT, AND/OR CONTENT LINKED TO OR ASSOCIATED WITH NFTS, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES, OR CLAIMS ARISING FROM: (A) USER ERROR, INCORRECTLY CONSTRUCTED TRANSACTIONS, OR MISTYPED ADDRESSES; (B) SERVER FAILURE OR DATA LOSS; (C) UNAUTHORIZED ACCESS OR USE; (D) ANY UNAUTHORIZED THIRD-PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION THE USE OF VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK AGAINST THE SERVICE OR NFTS.

NFTS EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED IN THE ASSOCIATED BLOCKCHAIN (E.G., ETHEREUM NETWORK). ANY TRANSFERS OR SALES OCCUR ON THE ASSOCIATED BLOCKCHAIN (E.G., ETHEREUM). iGaming Guild AND/OR ANY OTHER iGaming Guild PARTY CANNOT EFFECT OR OTHERWISE CONTROL THE TRANSFER OF TITLE OR RIGHT IN ANY NFTS OR UNDERLYING OR ASSOCIATED CONTENT OR ITEMS.

NO iGaming Guild PARTY IS RESPONSIBLE OR LIABLE FOR ANY SUSTAINED LOSSES OR INJURY DUE TO VULNERABILITY OR ANY KIND OF FAILURE, ABNORMAL BEHAVIOR OF SOFTWARE (E.G., WALLET, SMART CONTRACT), BLOCKCHAINS OR ANY OTHER FEATURES OF THE NFTS. NO iGaming Guild PARTY IS RESPONSIBLE FOR LOSSES OR INJURY DUE TO LATE REPORTS BY DEVELOPERS OR REPRESENTATIVES (OR NO REPORT AT ALL) OF ANY ISSUES WITH THE BLOCKCHAIN SUPPORTING THE NFTS, INCLUDING FORKS, TECHNICAL NODE ISSUES OR ANY OTHER ISSUES HAVING LOSSES OR INJURY AS A RESULT.

Some jurisdictions do not allow the exclusion of implied warranties in contracts with consumers, so the above exclusion may not apply to you.

12. Assumption of Risk

You accept and acknowledge:

The value of an NFTs is subjective. Prices of NFTs are subject to volatility and fluctuations in the price of cryptocurrency can also materially and adversely affect NFT prices. You acknowledge that you fully understand this subjectivity and volatility and that you may lose money.
A lack of use or public interest in the creation and development of distributed ecosystems could negatively impact the development of those ecosystems and related applications, and could therefore also negatively impact the potential utility of NFTs.
The regulatory regime governing blockchain technologies, non-fungible tokens, cryptocurrency, and other crypto-based items is uncertain, and new regulations or policies may materially adversely affect the development of the Service and the utility of NFTs.
You are solely responsible for determining what, if any, taxes apply to your transactions and to withhold, collect, report, and remit the correct amounts of taxes to the appropriate tax authorities. iGaming Guild is not responsible for determining, withholding, collecting, reporting, or remitting the taxes that apply to your NFTs.
We do not control the public blockchains that you are interacting with and we do not control certain smart contracts and protocols that may be integral to your ability to complete transactions on these public blockchains. Additionally, blockchain transactions are irreversible and iGaming Guild has no ability to reverse any transactions on the blockchain.
There are risks associated with using Internet and blockchain based products, including, but not limited to, the risk associated with hardware, software, and Internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to your third-party wallet or Account. You accept and acknowledge that iGaming Guild will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the Service or any Blockchain network, however caused.
If you have a dispute with one or more users, YOU RELEASE US FROM CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. IN ENTERING INTO THIS RELEASE YOU EXPRESSLY WAIVE ANY PROTECTIONS (WHETHER STATUTORY OR OTHERWISE) THAT WOULD OTHERWISE LIMIT THE COVERAGE OF THIS RELEASE TO INCLUDE THOSE CLAIMS WHICH YOU MAY KNOW OR SUSPECT TO EXIST IN YOUR FAVOR AT THE TIME OF AGREEING TO THIS RELEASE.

13. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT IN NO EVENT WILL iGaming Guild OR ITS SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM THESE TERMS OR THE SERVICE, PRODUCTS OR THIRD-PARTY SITES AND PRODUCTS, OR FOR ANY DAMAGES RELATED TO LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, AND WHETHER CAUSED BY STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE AND EVEN IF iGaming Guild OR ITS SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR (B) FOR ANY OTHER CLAIM, DEMAND, OR DAMAGES WHATSOEVER RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF THE DELIVERY, USE, OR PERFORMANCE OF THE SERVICE. ACCESS TO, AND USE OF, THE SERVICE, PRODUCTS OR THIRD-PARTY SITES, AND PRODUCTS ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA RESULTING THEREFROM.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF iGaming Guild ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS, THE ACCESS TO AND USE OF THE SERVICE, CONTENT, NFTS, OR ANY iGaming Guild PRODUCTS OR SERVICES EXCEED THE GREATER OF (A) $100 OR (B) THE AMOUNT RECEIVED BY iGaming Guild FOR ITS SERVICE DIRECTLY RELATING TO THE ITEMS THAT ARE THE SUBJECT OF THE CLAIM. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. Some jurisdictions also limit disclaimers or limitations of liability for personal injury from consumer products, so this limitation may not apply to personal injury claims.

14. Privacy Policy

Please refer to our Privacy Policy for information about how we collect, use, and share personal data about you. By submitting personal data through our Service, you agree to the terms of our Privacy Policy and you expressly consent to the collection, use, and disclosure of your personal data in accordance with the Privacy Policy.

15. Modifications to the Service

We reserve the right in our sole discretion to modify, suspend, or discontinue, temporarily or permanently, the Service (or any features or parts thereof) at any time and without liability as a result.

16. Dispute Resolution; Arbitration

Dispute Resolution. Please read the following arbitration agreement in this Section (“Arbitration Agreement”) carefully. It requires you to arbitrate disputes with iGaming Guild and limits the manner in which you can seek relief from us. This section does not govern disputes between users or between users and third parties. iGaming Guild does not provide dispute resolution services for such disagreements and the parties must resolve those disputes directly.
Applicability of Arbitration Agreement. You agree that any dispute, controversy, or claim relating in any way to your access or use of the Service, to any products sold or distributed through the Service, or to any aspect of your relationship with iGaming Guild, will be resolved by binding arbitration, rather than in court, including threshold questions of the arbitrability of such dispute, controversy, or claim except that (1) you or iGaming Guild may assert claims in small claims court, but only if the claims qualify, the claims remain only in such court, and the claims remain on an individual, non-representative, and non-class basis; and (2) you or iGaming Guild may seek injunctive or equitable relief in a court of proper jurisdiction if the claim relates to intellectual property infringement or other misuse of intellectual property rights.
Dispute resolution process. You and iGaming Guild both agree to engage in good-faith efforts to resolve disputes prior to either party initiating an arbitration, small claims court proceeding, or equitable relief for intellectual property infringement. You must initiate this dispute resolution process by sending an email describing the nature of your claim and desired resolution to: info@iguild.io. Both parties agree to meet and confer personally, by telephone, or by videoconference (hereinafter “Conference”) to discuss the dispute and attempt in good faith to reach a mutually beneficial outcome that avoids the expenses of arbitration or, where applicable, litigation. If you are represented by counsel, your counsel may participate in the Conference as well, but you agree to fully participate in the Conference. Likewise, if iGaming Guild is represented by counsel, its counsel may participate in the Conference as well, but iGaming Guild agrees to have a company representative fully participate in the Conference. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the informal dispute resolution process and Conference required by this paragraph. If the parties do not reach agreement to resolve the dispute within thirty (30) days after initiation of this dispute resolution process, either party may commence arbitration, file an action in small claims court, or file a claim for injunctive or equitable relief in a court of proper jurisdiction for matters relating to intellectual property infringement, if the claims qualify.

17. Governing Law and Venue

These Terms and your access to and use of the Service shall be governed by and construed and enforced in accordance with the laws of the Malta (without regard to conflict of law rules or principles of the Malta, or any other jurisdiction that would cause the application of the laws of any other jurisdiction). Any dispute between the parties shall be resolved in the state or federal courts of Malta.

18. Termination

If you breach any of the provisions of these Terms, all licenses granted by iGaming Guild will terminate automatically. Additionally, notwithstanding anything contained in these Terms, we reserve the right, with or without notice and in our sole discretion, to suspend, disable, terminate, or delete your Account and/or your ability to access or use the Service (or any part of the foregoing) at any time and for any or no reason, and you acknowledge and agree that we shall have no liability or obligation to you in such event and that you will not be entitled to a refund of any amounts that you have already paid to us.

19. Severability

If any term, clause, or provision of these Terms is held invalid or unenforceable, then that term, clause, or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause, or provision, or any other term, clause, or provision of these Terms.

20. Injunctive Relief

You agree that a breach of these Terms will cause irreparable injury to iGaming Guild for which monetary damages would not be an adequate remedy and iGaming Guild shall be entitled to equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security, or proof of damages.

21. Survival

All sections which by their nature should survive the termination of these Terms shall continue in full force and effect subsequent to and notwithstanding any termination of these Terms by iGaming Guild or you. Termination will not limit any of iGaming Guild other rights or remedies at law or in equity.

22. Miscellaneous

These Terms constitute the entire agreement between you and iGaming Guild relating to your access to and use of the Service. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of iGaming Guild, and iGaming Guild failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for reference only and shall not be read to have any legal effect.

The Service is operated by us in the United States. Those who choose to access the Service from locations outside the United States do so at their own initiative and are responsible for compliance with applicable local laws. You and iGaming Guild agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply to the interpretation or construction of these Terms.

Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity.