DISCLAIMER AND RIGHTS
This is not a final document, and it will be updated overtime.
The purpose of this document is to provide selected details about the gameplay and economy of ‘Underground Waifus‘.
The information set out in this document may not be exhaustive and does not imply any element of contractual relationship. Nothing in this document shall be considered a prospectus of any kind or a solicitation of investment. All community contributions to this document may be freely used by the ‘Underground Waifus‘ (Jurval) team, and incorporated into other works, with rights equivalent to ownership. By commenting and providing feedback on this document, you agree that: any contributions you make to this document may be used, reproduced, distributed, publicly performed, publicly displayed, and used to create derivative works, on a non-exclusive basis, throughout the universe, in all media now known or hereafter created, and that the foregoing rights are sub-licensable and transferable. By commenting and giving feedback in this document or in any other related channel (such as Twitter, Telegram or Discord), you allow the ‘Underground Waifus‘ team to include your ideas and concepts in future game features as the development team sees fit.
The game economy is liquid and can vary significantly in line with the evolution and use of ‘Underground Waifus‘. The team (Jurval) may make changes to the economy that directly or indirectly affect the obtaining of LICK, always looking for the welfare of the player.
By using the website, app, game or marketplace you agree that you shall not be entitled to any compensation or claim whatsoever, if any monetary or other damages are suffered as a result of a change made to the tokenomics.
These assets can be displayed both on the website and in the game, which the user can interact with. The Smart Contracts and the Site are collectively referred to in these Terms as the ‘App’. Using the App, users can view their assets and use the Smart Contracts to acquire, trade, fight, build and get pets in collaboration with other users of the App.
The information on the Site, App and Smart Contracts is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or would subject us to any registration requirements in such jurisdiction or country. Therefore, individuals who choose to access the Site and/or the App from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. The Site is intended for users over the age of 18. Individuals under the age of 18 are not authorised to use or register on the Site, the App and Smart Contracts except with the direct supervision of their legal guardians, as long as their legal guardians are the owners of the account being used.
1. INTELLECTUAL PROPERTY RIGHTS
The Site and App, and the Smart Contracts, are our property, unless otherwise stated, as well as all source code, database, functionality, software, website design, audio, video, text, photographs and graphics on the Site and App (‘Content’) and the trademarks, service marks and logos contained therein (the ‘Marks’) are owned, controlled or licensed by us and are protected by copyright and trademark laws, other intellectual property rights and the unfair competition laws of Spain, foreign jurisdictions and international conventions.
Provided that you are eligible to use the Site, the App and Smart Contracts, you are granted a limited license to access and use the Site or to download or print a copy of any portion of the Content that you have properly accessed solely for your personal, non-commercial use.
We reserve all rights not expressly granted to you in and to the Site, the App, the Content and the Marks.
Provided that you own an BEP721 UW asset, you are granted a limited license to create cards utilities and merchandise that may be used commercially as long as you follow the terms set forth herein: Anyone creating ‘Underground Waifus‘ fan art must own the NFT (card and others utilities) they are creating fan art of or receive written permission from the owner of the NFT.
2- Every work of card on related to it must clearly be labelled as ‘Underground Waifus‘ and be referenced to the official website https://waifus.gitbook.io/whitepaper and link directly in the marketplace to the NFT being used as inspiration.
It is accepted the creation of original fanart without monetization, without any licence or property.
2. SERVICE USER STATEMENTS
3. SERVICE USER REGISTRATION
You may be required to register with the Site, the Application, and the Smart Contracts. You understand you need to keep your password completely confidential, and you are responsible for all use of your account and for keeping your password secure. We reserve the right to delete, reclaim or change a username you might select if we determine, at our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
4. BANNED ACTIVITIES
Service users cannot access or use the Site, Application and Smart Contracts for any other purpose than the ones we state and are available on the Site, Applica- tion and Smart Contracts. The Site, Application and Smart Contracts may not be used for any commercial activity except as agreed in a legally binding contract with JUVAR.
Service users are not allowed to perform the following:
- Automatically retrieve data or other content from the Site, the Application, and the Smart Contracts to create or compile, directly or indirectly, a collection, compilation, database, or directory without our written permission.
- Make any unauthorised use of the Site, App and Smart Contracts, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user benefits by automated means or under false pretence.
- Use an automated or semi-automated shopping bot on the Site, App and Smart Contracts
- Use the Site, App and Smart Contracts to advertise, or offer, false or mis leading goods and services with the intention of scamming other users.
- Circumvent, disable, or otherwise interfere with security-related features of the Site, App and Smart Contracts, including features that prevent or restrict the use or the copying of any Content or enforce limitations on the use of the Site, App and Smart Contracts and/or the Content contained therein.
- Participate in the creation of unauthorised links to the Site, the Game and Smart Contracts.
- Cheat, trick or attempt to scam other users, especially with intent to acquire sensitive information such as users’ passwords.
- Misuse our support services or file false reports of abuse or misconduct.
- Participate in any automated use of the system, such as the use of scripts to send comments or messages, or the use of any data mining, robots or similar data gathering and extraction tools, except where this has been validated by the Company.
- Interfering with, disrupting, or creating an undue burden on the Site, the App and Smart Contracts or networks or services connected to the Site.
- Attempt to impersonate another people or service users or use another user’s username.
- Sell or transfer your profile.
- Use any information obtained from the Site, the App and Smart Contracts to harass, abuse or harm other people.
- Use the Site, Application and Smart Contracts as part of any effort to compete with us, or use the Site, Application and Smart Contracts and/or Content for any revenue-generating effort or commercial enterprise.
- Decrypt, decompile, disassemble, or apply reverse engineering to any of the software that makes up (or somehow forms) part of the Site, the App and Smart Contracts.
- Attempt to circumvent any measures on the Site, designed to prevent or restrict access to the Site, or any part of the Site, the App and Smart Contracts.
- Harass, intimidate, or threaten any of our employees or agents engaged in supplying any part of the Site, the App and Smart Contracts to service users.
- Remove copyright or other proprietary rights notices from any Content.
- Upload or transfer (or attempt to upload or transfer) viruses such as trojan horses virus, or other material, including excessive use of all capital letters and spam (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or game or that modifies, impairs, disrupts, interrupts, alters or interferes with the use, features, functions, operation or maintenance of the Site, game and Smart Contracts.
- Upload or transfer (or attempt to upload or transfer) any material that acts as a passive or active information gathering or transmission mechanism, including, without limitation, any formatting or other similar devices (sometimes referred to as ‘spyware’, ‘passive collection mechanisms’ or any potentially harmful files).
5. FEES AND PAYMENTS
‘Underground Waifus‘ has a FREEMIUM option game. However, if you choose to purchase, trade items, create digital estate, breed pets or build robots, it is important to remember that any financial transactions that take place will only take place through the blockchain via a wallet such as Meta Mask or Trust Wallet. We will have no knowledge or control over these payments or transactions, nor do we have the ability to reverse any transactions. Bearing this in mind, we shall have no liability to you or any third party for any claims or damages that may arise as a result of any transaction you make through the Site and/or the App or using the Smart Contracts; or any other transactions you conduct through the networks used by ‘Underground Waifus‘, which are your sole responsibility.
The networks where ‘Underground Waifus‘ is launched require the payment of a transaction fee (a ‘Gas Fee’) for each transaction that takes place on the network. The Gas Fee funds the network of computers that run a decentralised network, that is, you will have to pay a Gas Fee for each transaction that runs through the application. ‘Underground Waifus‘ has been optimised to reduce these costs to a minimum, being only required on the off-game side and for incoming and outgoing NFTS and digital as- sets from the game.
In addition to the Gas Fee, each time you use a Smart Contract to transact with another service users through the off-game marketplace and in-game marketplaces, you are authorizing us to charge a 10% fee (in the terms expressed in this WP) of the total value of that transaction (‘Commission’). You acknowledge and agree that the Commission will be transferred directly to the JUVAR portfolio as part of the transaction.
You shall be solely responsible for paying any and all sales, use, value added and other taxes, fees and levies (other than taxes on our net income) now or hereafter claimed or imposed by any governmental authority (collectively, ‘Taxes’) related to the use of the game (including, without limitation, any taxes that may be payable as a result of your ownership, transfer or reproduction of any of your Axes).
Except for income taxes imposed on the ‘Underground Waifus‘, you will: (i) pay or reimburse us for all national, federal, state, local or other taxes and levies of any jurisdiction, including value added taxes and taxes required by international tax treaties, customs or other import or export taxes, as well as amounts collected in lieu thereof based on charges assessed, services rendered or payments made hereunder, now or hereafter imposed by the authority of any national, state, local or other taxing jurisdiction; and (ii) you will not be entitled to deduct the amount of any such taxes, duties or levies from payments made to us in accordance with these Terms.
6. SUBMISSIONS: LEGAL RIGHTS
You acknowledge and agree that any questions, comments, suggestions, ideas, suggestions, or other information relating to the Site, the game and the Smart Contracts (‘Submissions’) that you provide to us, are non-confidential and become our direct property.
We own exclusive rights, including all intellectual property rights, and are entitled to the unrestricted use and dissemination of these Service users Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation. You hereby waive any moral rights in such Submissions, and warrant that such Submissions are original, nor that you have any vested rights.
You agree that there shall be no recourse or claim against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions, as you are assigning them without expectation of any consideration by handing such Submissions to us.
We allow advertisers to display their advertisements and other information in certain areas of the Site and the game, for example, on sidebar advertisements or banner ads on the web. Or in-game, for example, fixed advertisements on the planetary surface or in the daily galactic newspaper. If you are an advertiser, you must assume full responsibility for the advertisements you place on the Site and/ or the game, as well as for the services provided on the Site and/or the game, or for the products sold through such advertisements. You will also ensure that the information is truthful and correct.
In addition to all this, as the advertiser, you warrant and represent that you have all rights and authority to place advertisements on the Site and/or the game, including the intellectual property rights, publicity rights and contractual rights, among others. We merely provide the space to place such advertisements and have no other relationship with advertisers other than the mere business relationship, of such sale or rental of advertising placements.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your real, false or borrowed name; or under the name of a third party, even if you may be acting on behalf of that third party. Furthermore, we reserve the right to take legal actions that might include civil, criminal, and precautionary actions.
9. APPLICABLE LAW
10. CONFLICT RESOLUTION
10.1 Informal Negotiations
10.2 Binding Arbitration
If a Party is unable to resolve a Dispute through informal negotiations, Disputes (except for Disputes expressly excluded below) shall be ultimately and exclusively resolved by binding arbitration. With that said, YOU DECLARE THAT YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be initiated and conducted in accordance with the Commercial Arbitration Rules of the Blockchain Arbitration Society (BAS) and, if applicable, the Supplementary Procedures of the Spanish Regulation for Consumer Related Disputes. The arbitration fees and the compensation part of the arbitration shall be governed by the BAS Consumer Rules and, where applicable, shall be limited by the same body. Except as otherwise provided, the Parties may litigate in court to compel arbitration, to stay proceedings pending arbitration; or to confirm, modify, vacate; or award the award rendered by the arbitrator. If, for any reason, a dispute is submitted to a court rather than to arbitration, the dispute shall be commenced or heard in the state courts located in SPAIN and the Parties agree and waive all defences of lack of personal jurisdiction and forum non-conveniens with respect to the seat and jurisdiction of such state courts.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR ACCESS TO THE SITE AND THE USE OF THE SITE, THE APPLICATION, THE GAME AND THE SMART CONTRACTS IS AT YOUR OWN RISK, AND THAT THEY ARE PROVIDED ‘AS IS’ AND ‘AS AVAILABLE’ WITHOUT GUARANTEES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE, ALONG WITH OUR SUBSIDIARIES, AFFILIATES AND LICENSORS, OFFER NO EXPRESS WRITTEN GUARANTEE AND HEREBY DISCLAIM ALL IMPLIED GUARANTEES RELATING TO THE SITE, THE APP, THE GAME AND THE SMART CONTRACTS, THE GAME AND SMART CONTRACTS AND ANY PART THEREOF (INCLUDING, WITHOUT LIMITATION, THE SITE, ANY APP, GAME OR SMART CONTRACT OR ANY EXTERNAL WEBSITE), INCLUDING THE IMPLIED GUARANTEES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, CORRECTNESS, ACCURACY OR RELIABILITY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE, ALONG WITH OUR SUBSIDIARIES, AFFILIATES AND LICENSORS, DO NOT REPRESENT OR GUARANTEE TO YOU THAT: (I) YOUR ACCESS TO OR USE OF THE SITE, APP AND SMART CONTRACTS WILL MEET YOUR NEEDS; (II) YOUR ACCESS TO OR USE OF THE SITE, APP, GAME AND SMART CONTRACTS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (III) USAGE DATA PROVIDED THROUGH THE SITE OR APP; (IV) THE SITE, APP, GAME AND SMART CONTRACTS OR ANY CONTENT, SERVICES OR FEATURES AVAILABLE ON OR THROUGH THE SITE, APP, GAME AND SMART CONTRACTS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (V) ANY DATA YOU DISCLOSE WHEN USING THE SITE, APP, GAME AND SMART CONTRACTS IS SECURE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN CONSUMER CONTRACTS, SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
YOU ACCEPT THE SECURITY RISKS INHERENT IN PROVIDING INFORMATION AND TRANSACTING ONLINE OVER THE INTERNET AND AGREE THAT WE HAVE NO LIABILITY FOR ANY BREACH OF SECURITY, UNLESS IT IS DUE TO GROSS NEGLIGENCE ON OUR PART.
WE WILL NOT BE LIABLE FOR ANY LOSS INCURRED AS A RESULT OF YOUR USE OF THE BLOCKCHAIN NETWORKS USED IN THE GAME, MARKETPLACE AND THE META MASK ELECTRONIC CURRENCY SITE OR ANY LINKED CURRENCY.
THIS INCLUDES ANY LOSS, DAMAGE OR CLAIM ARISING FROM THE FOLLOWING: (A) USER ERRORS, SUCH AS FORGOTTEN PASSWORDS OR SMART CONTRACTS OR MISINTERPRETED TRANSACTIONS; (B) SERVER FAILURES OR LOSS OF DATA; (C) CORRUPTED WALLET FILES; (D) UNAUTHORISED ACCESS OR ACTIVITIES BY THIRD PARTIES, INCLUDING, THE USE OF VIRUSES, PHISHING, BRUTE FORCE OR OTHER MEANS OF ATTACK AGAINST THE APPLICATION, NETWORKS OR ELECTRONIC WALLETS, AMONG OTHERS.
NFTs ARE INTANGIBLE DIGITAL ASSETS THAT EXIST SOLELY BY VIRTUE OF THE PROPERTY REGISTRY HELD IN THE BLOCKCHAIN ASSOCIATED WITH THE GAME. ALL SMART CONTRACTS ARE CONDUCTED AND OCCUR IN THE DECENTRALISED MAJOR BOOK WITHIN THE ASSOCIATED NETWORKS. JURVAL, NOR ANY OF ITS SUBSIDIARIES, HAS ANY CONTROL OVER THE SMART CONTRACTS AND MAKES NO WARRANTIES OR PROMISES WITH RESPECT THEREOF.
JURVAL AND ‘UNDERGROUND WAIFUS‘, NOR ANY OF ITS SUBSIDIARIES, HAS CONTROL OVER THE SMART CONTRACTS AND MAKES NO WARRANTIES OR PROMISES WITH RESPECT THEREOF. JURVAL IS NOT RESPONSIBLE FOR LOSSES TO BLOCKCHAIN OR ANY OTHER FEATURE OF THE NETWORKS USED, ELECTRONIC CURRENCIES INCLUDING, BUT NOT LIMITED TO, LATE NOTIFICATION BY THE DEVELOPERS OR REPRESENTATIVES (OR LACK OF NOTIFICATION) OF ANY PRO- BLEMS WITH THE BLOCKCHAIN SUPPORTING THE GAME, INCLUDING FORKS, NODE TECHNICAL PROBLEMS, OR ANY OTHER PROBLEM
12. LIMITATION OF LIABILITY
YOU UNDERSTAND AND AGREE THAT WE, ALONG WITH OUR SUBSIDIARIES, AFFILIATES AND LICENSORS, SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY: INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT YOU MAY INCUR, REGARDLESS OF WHAT CAUSED THESE DAMAGES AND UNDER ANY THEORY OF LIABILITY. THESE INCLUDE ANY LOSS OF PROFITS (WHETHER INCURRED DIRECTLY OR INDIRECTLY), LOSS OF GOODWILL OR BUSINESS REPUTATION, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR ANY OTHER INTANGIBLE LOSS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE AND ACKNOWLEDGE THAT OUR TOTAL AND AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR ACCESS TO OR USE OF (OR YOUR INABILITY TO ACCESS OR USE) ANY PART OF THE SITE, THE APP, THE GAME AND THE SMART CONTRACTS, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, IS LIMITED TO THE GREATER OF THE FOLLOWING AMOUNTS: (A) THE AMOUNTS YOU ACTUALLY PAID TO US UNDER THESE TERMS IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE DATE THE CLAIM AROSE; OR (B) ONE HUNDRED (100) U.S. DOLLARS.
YOU AGREE AND ACKNOWLEDGE THAT WE HAVE MADE THE WEBSITE, THE APP, THE GAMES AND THE SMART CONTRACTS AVAILABLE TO YOU AND THAT WE HAVE ENTERED INTO THESE TERMS AND CONDITIONS ON THE BASIS OF THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET OUT HEREIN, WHICH REFLECT A REASONABLE AND FAIR ALLOCATION OF RISKS BETWEEN THE PARTIES AND CONSTITUTE A REASONABLE AND FAIR BASIS FOR OUR AGREEMENT TO THE TERMS AND CONDITIONS. REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN THE PARTIES AND FORM AN ESSENTIAL BASIS OF THE ESSENTIAL BASIS OF THE BARGAIN BETWEEN US. WE WOULD NOT BE ABLE TO PROVIDE THE SITE, THE APP, THE GAME AND THE SMART CONTRACTS TO YOU WITHOUT THESE LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND SOME JURISDICTIONS ALSO LIMIT THE EXCLUSIONS OR LIMITATIONS OF LIABILITY FOR PERSONAL INJURY FOR CONSUMER PRODUCTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO PERSONAL INJURY CLAIMS.
13. ASSUMPTION OF RISK
You agree and acknowledge each of the following: A. Digital asset prices are extremely volatile. Fluctuations in the price of other digital assets could materially and adversely may affect the value of LICK, which may also be subject to significant price volatility. We cannot guarantee that Underground Waifus´s purchasers will not lose money. B. You are solely responsible for determining what taxes apply, if any, to your Underground Waifus-related transactions. ‘Underground Waifus‘ is not responsible for determining the taxes that apply to your transactions on the App, the Gaming Sites or the Smart Contracts. C. There are risks associated with the use of a cryptocurrency, including, but not limited to, the risk of hardware, software and internet connections, the risk of introduction of malicious software and the risk that third parties may gain unauthorised access to the information stored in your wallet. You agree and acknowledge that JURVAL and therefore ‘Underground Waifus‘ shall not be liable for any communication failures, interruptions, errors, distortions or delays that you may experience, whatever their cause is. D. Lack of use or public interest in the creation and development of distributed ecosystems could negatively impact the development of the ‘Underground Waifus‘ ecosystem, and thus the potential utility or value of the ASSOCIATED NFTs. E. The regulatory regime governing blockchain technologies, cryptocurrencies and tokens is uncertain, and new regulations or policies could negatively impact the development of the ‘Underground Waifus‘ and therefore the potential utility or value.
You agree to defend us, indemnify us and release us from liability (including our subsidiaries, affiliates and all of our respective officers, agents, partners and employees) as well as from any loss, damage, liability, claim or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of
(1) your use of the Site;
(4) your violation of any third party’s rights, including, without limitation, intellectual property rights; or
(5) any manifestly harmful act towards any other use of the Site, the App, the game and Smart Contracts to which you have connected through the Site, the App, the game and the Smart Contracts.
Without limiting the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which we are required to indemnify you. You also agree to cooperate, at your expense, with our defence of any such claims. We will use reasonable efforts to notify you of any claim, action or proceeding subject to this indemnification as soon as we become aware of it.
15. SERVICE USER DATA
We will maintain certain data that you transmit to the Site, App, game and Smart Contracts for the purpose of managing the performance of the Site, App, game and Smart Contracts, as well as data relating to your use of the Site, App, game and Smart Contracts. Although we periodically back up data, you are solely responsible for all data that you transmit or that arises from any activity you have undertaken using the Site, the App, the game and Smart Contracts. You agree that we shall have no liability to you for any loss or corruption of such data, and you hereby waive any right of action against us arising out of any loss or corruption of such data.