Terms of Service

This Gangster Arena Game Terms and Conditions (this “Agreement” or the “Terms”) is a legally binding agreement by and between any owner of Gangster or GREED (defined below) or user of any of the Services (“you” or “Purchaser”), and Day One Games (BVI) Limited (“The Gangster Arena Developers” or “Company” or “us” or “we”)

The Gangster Arena Developers and each Purchaser may be referred to throughout this Agreement collectively as the “Parties” or individually as a “Party”. By purchasing or otherwise owning a Gangster and participating in Gangster Arena, you acknowledge that you have carefully read and agree to the terms of this Agreement.

Our smart contracts, games, products, services, content, Gangster Arena website, Twitter account, Discord server, and/or other domains or websites operated by us (collectively, the "Services") are provided “as is” and “as available” without warranty of any kind.

We reserve the right to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice and for any reason, in our sole discretion.

By using the Services you are accepting sole responsibility for any and all transactions involving Gangster Arena.

Your purchase from the Company or purchase from any owner of an NFT or Token originally produced by the Company does not constitute a financial investment.

PLEASE BE AWARE THAT WHEN YOU AGREE TO THESE TERMS, YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND US THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT.

1. Agreement to Terms. “Gangster” refers to a non-fungible token (NFT) (i.e., a controllable electronic record recorded on a blockchain) that, as of its genesis issuance, is linked to an image of a Gangster or other character or object as applicable. Furthermore, Gangster is dynamic and modifiable by the Company without permission.

(a) Additional Terms: Gangsters may be available for purchase on one or more third-party platforms, such as Blur (each, a “NFT Marketplace”), which we do not own, control, or operate. The access and use of the NFT Marketplace are subject to the separate terms of the NFT Marketplace. We assume no responsibility for the accuracy or completion of any transaction on an NFT Marketplace.

2. Changes to These Terms. We reserve the right, at our discretion, to change, modify, add, or remove portions of the Terms at any time by posting the amended Terms on our website. If you continue to be a Purchaser and/or otherwise use the Services after the changes are posted, you are agreeing that the changes apply to your continued use of our Services. If you have a dispute with us, the version of the Terms in effect at the time we received actual notice of the dispute will apply to such dispute.

3. Who Can Use Our Services. You may not use our Services if:

- You cannot enter into a binding contract with us for any reason.

- You are not at least 21 years old.

- You are not allowed to receive products, including services or software, from the United States, for example if you are located in a country embargoed by the United States or if you are on the U.S. Treasury Department’s list of Specially Designated Nationals.

4. Ownership; Limited License. The Services are comprised of works (including all data, content, graphics, forms, artwork, images, photographs, functional components, audio clips, video clips, software and software concepts and documentation and other material on, in or made available by us through the Website) that are owned or licensed by the Company, and they are protected by copyright, trademark, trade dress, patent, and other worldwide intellectual property rights and other applicable laws, rules, or regulations unless otherwise stated, such as in the “Ownership of Gangster” section of these Terms (below). All such rights are reserved. These Terms do not grant you or any other party any right, title, or interest in the Services or any content in the Services.

5. Availability of the Services; All Sales are Final. YOU ACKNOWLEDGE THAT WE ARE NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR PURCHASED GANGSTERS FOR ANY REASON.

6. Ownership of Gangster.

(a) When Purchaser acquires a Gangster from the Company, Purchaser owns all personal property rights to that Gangster (e.g., the right to freely sell, transfer, or otherwise dispose of that Gangster). The Gangster Art, however, is free for use by anyone for any purpose without restriction under copyright law. Public domain is the purest form of open and free, since no one owns or controls the material in any way. For avoidance of doubt, the Gangster Arena name and other media produced by the Company is owned by the Company under copyright law, trademark law, and/or other applicable laws.

(b) Purchaser represents and warrants that it will not transfer a Gangster in any subsequent transaction to a Transferee that is (i) located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist-supporting country; or is (ii) listed on any U.S. Government list of prohibited or restricted parties (“Prohibited Transferees”).

7. Fees and Payments

(a) If you elect to purchase a Gangster through the GangsterArena.com website (the “Website”), any financial transactions that you engage in will be conducted solely through the Base network. We will have no insight into or control over these payments or transactions, nor do we have the ability to reverse any transactions. We will have no liability to you or to any third party for any claims or damages that may arise as a result of any transactions that you engage or any other transactions that you conduct via the Ethereum network.

(b) Base requires the payment of a transaction fee (a “Gas Fee”) for every transaction that occurs on the Base network.

8. Transfers. All subsequent transactions of the Gangsters are subject to the following terms: (a) the Gangster transferee (the “Transferee”) shall, by purchasing, accepting, accessing or otherwise using the Gangster or Gangster Art, be deemed to accept all of the terms of this Agreement as a “Purchaser” hereof; and (b) the Gangster transferor (the “Transferor”) shall provide notice to the Transferee of this Agreement, including a link or other method by which the terms of this Agreement can be accessible by the Transferee. Purchaser further acknowledges and agrees that all subsequent transactions of the Gangster will be effected on the blockchain network governing the Gangster, and Purchaser will be required to make or receive payments exclusively through its cryptocurrency wallet.

9. Royalty. You acknowledge and agree that we receive royalties on every subsequent sale of a Gangster (“Royalty”).

10. The Gangster Arena Developers’ Rights and Obligations to the Gangster Art and Gangsters. The Parties acknowledge and agree that we are not responsible for repairing, supporting, replacing, or maintaining the Website or any other website.

11. When Purchasers compete in the game using their Gangsters, they are utilizing skill to make decisions. In other words, Purchasers’ abilities determine the outcome of the skills-based competitions. Games of skill are permitted in most jurisdictions and do not constitute gambling (which generally requires a game of chance, prize, and consideration to play). Some jurisdictions limit games of skill where payments are involved. It is your responsibility to determine whether the jurisdiction in which you are located permits skill-based competitions. When you participate, these Terms shall apply. From time to time, the Company may also run sweepstakes on contests on the Website in which some or all of the Purchasers may participate; no additional purchase will be necessary for a Purchaser to participate in any sweepstakes, and any sweepstakes or contest will be governed by these Terms and any separate rules published in connection with such sweepstakes or contest.

12. User Content. “User Content” means all the data that you upload, transmit, create, or generate on or through the Services. If you post, publish, transmit, or upload User Content on the Services, you agree that it will be:

- accurate;

- not confidential;

- not in violation of law;

- not in violation of contractual restrictions or other parties’ rights, and that you have permission to use the User Content from any other party whose personal or other information or intellectual property is contained within the User Content; and

- free of viruses, adware, spyware, worms, or other malicious code;

Any User Content that you post, publish, or transmit will be considered non-proprietary and non-confidential. You retain all of your ownership rights in your User Content, but, to the extent allowed by applicable laws, you give us a perpetual and irrevocable (other than as provided below), worldwide, royalty free, non-exclusive, license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content and any modified and derivative works thereof, in connection with the Services, including in marketing and promotions. To the extent allowed by applicable laws, you waive any moral rights you may have in any User Content (including but not limited to the right to be identified as the author of the User Content or the right to object to a certain use of that User Content).

We have the right to remove any of your User Content for any reason, especially if it does not comply with these Terms. We also have the right to disclose your identity to any third party who is claiming that any of your User Content constitutes a breach of their intellectual property rights or their right to privacy. We will also disclose your User Content to other third parties or government bodies where we are legally required to do so.

WE ARE NOT RESPONSIBLE FOR ANY OTHER PERSON’S USE OR APPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST, PUBLISH, OR TRANSMIT IN ANY FORUMS, BLOGS, OR CHAT ROOMS.

13. Monitoring Use of Services and User Content. We have no obligation to monitor the Services for inappropriate or illegal User Content or the conduct of other players, and we take no responsibility for such conduct. We also are not responsible for information, materials, products, or services provided by other Purchasers and User Content is not approved by us. By using our Services, you understand that you may be exposed to conduct and content (including but not limited to User Content) that you might find offensive or otherwise objectionable. We do not endorse any User Content posted on the Services, and nor do we guarantee its truthfulness or accuracy. However, if someone is violating these Terms or misusing the Services, please let us know by contacting [e-mail]

14. Your Dealings with Other Purchasers. You are responsible for your interactions with other Purchasers. If you have a problem with another Purchaser, we are not required to get involved, but we can if we desire.

If you have a dispute with another Purchaser, you release us from responsibility, claims, demands, and/or damages (actual or consequential) of every kind and nature, whether known or unknown, resulting from that dispute or connected to that dispute. This includes damages for loss of profits, goodwill, use, or data.

15. Prohibited Uses. You may use the Services only for lawful purposes and in accordance with these Terms. We are under no obligation to enforce the Terms on your behalf against another user. We encourage you to let us know if you believe another user has violated the Terms or otherwise engaged in prohibited or illegal conduct.

You agree not to, and will not assist, encourage, or enable others to use the Services:

- To violate any applicable national, regional, federal, state, local, or international law or regulation.

- To create, send, knowingly receive, display, transmit, upload, download, use, or reuse any material (including but not limited to User Content) which: Contain any material which is defamatory, obscene, indecent, pornographic, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable; Infringe any patent, trademark, trade secret, copyright, or other intellectual property rights of any other person; Violate or assist in the violation of legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations, or that otherwise may be in conflict with these Terms and/or our Privacy Policy; or is likely to deceive or confuse any person.

- Reverse engineer any portion of the Services.

- Access, retrieve, or index any portion of the Services for purposes of constructing or populating a searchable database.

- Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose.

- Remove, circumvent, disable, damage, or otherwise interfere with any security-related features or other restrictions of the Services.

- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Services is stored, or any server, computer, or database connected to the Services.

- Attack the Services via a denial-of-service attack or a distributed denial-of-service attack.

- Otherwise attempt to interfere with or alter the proper working or normal behavior of the Services, including without limitation: using any techniques to alter or falsify a device’s location (for example through GPS spoofing).

16. Privacy. When you use the Services, the only information we collect from you is your blockchain wallet address, completed transaction hashes, and token identifiers. We do not collect any personal information from you. We do, however, gather information about our Twitter followers and Discord community members that they publicly post, including usernames. We also use third-party services like Google Analytics, which may receive your publicly available personal information. We do not take responsibility for any information you make public on the Ethereum blockchain by taking actions through the front-end interface. We reserve the right to disclose to any governmental agency that so requests it, or pursuant to any legal process compelling such disclosure, any information which we collect regarding any Purchaser. You may contact The Gangster Arena Developers at [e-mail]

17. Warranty Disclaimers and Assumption of Risk. Purchaser represents and warrants that

(a) that Purchaser will use and interact with the Gangster and Gangster Art only for lawful purposes and in accordance with this Agreement, and (c) that Purchaser will not use the Gangster and Gangster Art to violate any law, regulation or ordinance or any right of The Gangster Arena Developers, its licensors or any third party, including without limitation, any right of privacy, publicity, copyright, trademark, or patent. Purchaser further agrees that it will comply with all applicable law.

THE GANGSTERS ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, THE GANGSTER ARENA DEVELOPERS EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON- INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. THE GANGSTER ARENA DEVELOPERS MAKE NO WARRANTY THAT THE GANGSTERS WILL MEET PURCHASER’S REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. THE GANGSTER ARENA DEVELOPERS MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OR CONTENT ON THE GANGSTERS.

THE GANGSTER ARENA DEVELOPERS WILL NOT BE RESPONSIBLE OR LIABLE TO PURCHASER FOR ANY LOSS AND TAKES NO RESPONSIBILITY FOR, AND WILL NOT BE LIABLE TO YOU FOR, ANY USE OF THE GANGSTER, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (I) USER ERROR SUCH AS FORGOTTEN PASSWORDS, INCORRECTLY CONSTRUCTED TRANSACTIONS, OR MISTYPED WALLET ADDRESSES; (II) SERVER FAILURE OR DATA LOSS; (III) CORRUPTED CRYPTOCURRENCY WALLET FILES; (IV) UNAUTHORIZED ACCESS TO THE GANGSTER; OR (V) ANY UNAUTHORIZED THIRD PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION THE USE OF VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK AGAINST BLOCKCHAIN NETWORK UNDERLYING THE GANGSTER.

THE GANGSTERS ARE INTANGIBLE DIGITAL ASSETS. THEY EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED IN THE APPLICABLE BLOCKCHAIN NETWORK. ANY TRANSFER OF TITLE THAT MIGHT OCCUR IN ANY UNIQUE DIGITAL ASSET OCCURS ON THE DECENTRALIZED LEDGER WITHIN SUCH BLOCKCHAIN NETWORK, WHICH WE DO NOT CONTROL. THE GANGSTER ARENA DEVELOPERS DO NOT GUARANTEE THAT GANGSTER ARENA DEVELOPERS CAN EFFECT THE TRANSFER OF TITLE OR RIGHT IN ANY GANGSTERS. PURCHASER BEARS FULL RESPONSIBILITY FOR VERIFYING THE IDENTITY, LEGITIMACY, AND AUTHENTICITY OF ASSETS PURCHASER PURCHASES THROUGH THE NFT MARKETPLACE. NOTWITHSTANDING INDICATORS AND MESSAGES THAT SUGGEST VERIFICATION, WE MAKE NO CLAIMS ABOUT THE IDENTITY, LEGITIMACY, OR AUTHENTICITY OF ASSETS ON THE NFT MARKETPLACE OR ANY PURPORTED SUBSEQUENT TRANSACTIONS.

THE GANGSTER ARENA DEVELOPERS ARE NOT RESPONSIBLE ANY KIND OF FAILURE, ABNORMAL BEHAVIOR OF SOFTWARE (E.G., WALLET, SMART CONTRACT), BLOCKCHAINS OR ANY OTHER FEATURES OF THE GANGSTERS. THE GANGSTER ARENA DEVELOPERS ARE NOT RESPONSIBLE FOR CASUALTIES DUE TO LATE REPORT BY DEVELOPERS OR REPRESENTATIVES (OR NO REPORT AT ALL) OF ANY ISSUES WITH THE BLOCKCHAIN SUPPORTING GANGSTERS, INCLUDING FORKS, TECHNICAL NODE ISSUES OR ANY OTHER ISSUES HAVING FUND LOSSES 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.

THE GANGSTER ARENA DEVELOPERS ARE ALSO NOT RESPONSIBLE FOR UNAUTHORIZED ACCESS OF ANY OF THEIR SOCIAL MEDIA ACCOUNTS WHICH RESULTS IN A PURCHASER’S LOSSES.

18. Assumption of Risk. Purchaser accepts and acknowledges all risks associated with the following: (a) Purchaser is solely responsible for determining what, if any, taxes apply to Purchaser’s purchase, sale, or transfer of the Gangsters. The Gangster Arena Developers are not responsible for determining or paying the taxes that apply to such transactions. Unless otherwise indicated on an applicable invoice, amounts due on this Website are exclusive of sale, use, value added or similar Taxes (“Sales Taxes”). This means that Sales Taxes become your sole responsibility.

(b) We do not store, send, or receive cryptocurrency assets. Any transfer of cryptocurrency assets occurs within the supporting blockchain that is not controlled by us. Transactions of the Gangsters may be irreversible, and, accordingly, losses due to fraudulent or accidental transactions may not be recoverable. Some transactions of the Gangsters shall be deemed to be made when recorded on a public blockchain ledger, which is not necessarily the date or time that Purchaser initiated the transaction.

(c) There are risks associated with using an Internet based digital asset, including but not limited to, the risk of hardware, software and Internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to information stored within your Wallet. The Gangster Arena Developers will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when effecting Gangster transactions, however caused.

(d) Digital assets, including blockchain based assets such as the Gangsters, are subject to developing laws and regulations throughout the world.

19. Indemnity. Purchaser shall defend, indemnify, and hold Gangster Arena Developers, its parents, subsidiaries, owners, officers, directors, managers, employees, licensors and affiliates (collectively the “Indemnified Parties”) harmless from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, fines, penalties, settlements, interest, and expenses (including attorneys’ fees) that directly or indirectly arise from or are related to any claim, suit, action, demand, or proceeding made or brought by a third party (including any person who accesses or transacts using the Gangsters whether or not such person personally purchased the Gangsters) against the Indemnified Parties, or on account of the investigation, defense, or settlement thereof, arising out of or in connection with your breach of this Agreement.

20. Limitation of Liability.

(a) TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER THE GANGSTER ARENA DEVELOPERS NOR ITS SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE GANGSTERS WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE GANGSTERS OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE OR INTERACT WITH THE GANGSTERS OR ACCESS THE GANGSTER ART, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE GANGSTER ARENA DEVELOPERS OR ITS SERVICE PROVIDERS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

(b) TO THE MAXIMUM EXTENT PERMITTED BY THE LAW OF THE APPLICABLE JURISDICTION, IN NO EVENT WILL THE GANGSTER ARENA DEVELOPERS’ TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE USE OF OR INABILITY TO USE OR INTERACT WITH THE GANGSTERS OR ACCESS THE GANGSTER ARENA ART EXCEED THE GREATER OF (A) THE AMOUNT YOU ACTUALLY PAID US UNDER THESE TERMS IN THE PRIOR 12 MONTHS, OR (B) $500.

(c) THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THE GANGSTER ARENA DEVELOPERS AND PURCHASER.

21. Governing Law and Forum Choice. This Agreement and any action related thereto will be governed by the laws of the State of Singapore, without regard to its conflict of laws provisions. Except as otherwise expressly set forth in Section 11 “Dispute Resolution,” the exclusive jurisdiction for all Disputes (defined below) that Purchaser and The Gangster Area Developers are not required to arbitrate will be the courts located in Singapore, and Purchaser and The Gangster Arena Developers each waive any objection to jurisdiction and venue in such courts.

22. Dispute Resolution.

(a) Mandatory Arbitration of Disputes. The Parties each agree that any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, or of any Gangsters transaction (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and The Gangster Arena Developers are each waiving the right to a trial by jury or to participate in a class action. Arbitrations are less formal than lawsuits in courts and provide limited opportunities to force the other side to share information relevant to the dispute. The arbitrator can award the same damages and relief on an individual basis that a court can award to an individual, except as limited by these Terms. But, if any party does not like the arbitrator’s decision, the courts only have a limited ability to change the outcome. This arbitration provision shall survive termination of this Agreement.

(b) Exceptions. As limited exceptions to Section 22(a) above: (i) both Parties may seek to resolve a Dispute in small claims court if it qualifies; and (ii) both Parties each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights.

(c) Conducting Arbitration and Arbitration Rules. Singapore International Arbitration Centre (“SIAC”) will administer any arbitration between you and us. The parties agree that SIAC Rules and Procedures, as well as any of its General Rules and Procedures that are applicable, will be used. You can look at New Era’s rules and procedures on their website at https://siac.org.sg/. (This webpage address is potentially subject to change.) If something in these Terms is different from SIAC’s rules and procedures, then the parties agree to follow these Terms instead.

(d) Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the SIAC Rules.

(e) Injunctive and Declaratory Relief. Except as provided in Section 22(b) above, the arbitrator shall determine all issues of liability on the merits of any claim asserted by either party and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. To the extent that you or The Gangster Arena Developers prevail on a claim and seek public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual claims in arbitration.

(f) Class Action Waiver. YOU AND GANGSTER ARENA DEVELOPERS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ Dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void.

(g) Severability. With the exception of any of the provisions in Section 11(f) of this Agreement (“Class Action Waiver”), if an arbitrator or court of competent jurisdiction decides that any part of this Agreement is invalid or unenforceable, the other parts of this Agreement will still apply.

23. Gangsters may accumulate a utility token (“GREED”) through various in-game actions, and Purchasers may accumulate GREED through other community events. GREED has no other functionality other than within the Gangster Arena ecosystem, and it cannot be purchased from The Gangster Arena Developers.

24. No Waiver. If we do not enforce our rights under these Terms, that does not waive our right to do so later. And, if we do expressly waive a provision of these Terms, that does not mean it is waived for all time in the future. If we do waive a default or breach by you, we will only do so in writing, and that will not mean that we will automatically waive any later default or breach by you.

25. General Terms. This Agreement will transfer and be binding upon and will inure to the benefit of the parties and their permitted successors and assigns, in particular any Transferee. This Agreement constitutes the entire agreement, and supersedes any and all prior or contemporaneous representations, understandings and agreements, between the Parties with respect to the subject matter of this Agreement, all of which are hereby merged into this Agreement. Failure to promptly enforce a provision of this Agreement will not be construed as a waiver of such provision. Nothing contained in this Agreement will be deemed to create, or be construed as creating, a joint venture or partnership between the parties. Neither Party is, by virtue of this Agreement or otherwise, authorized as an agent or legal representative of the other Party. Neither Party to this Agreement is granted any right or authority to assume or to create any obligation or responsibility, express or implied, on behalf or in the name of the other party, or to bind such other Party in any manner. Nothing contained in this Agreement will be deemed to create any third-party beneficiary right upon any third party whatsoever. Each of the Parties acknowledges that it has had the opportunity to have this Agreement reviewed or not by independent legal counsel of its choice. If any one or more of the provisions of this Agreement should be ruled wholly or partly invalid or unenforceable, then the provisions held invalid or unenforceable will be deemed amended, and the court or other government body is authorized to reform the provision(s) to the minimum extent necessary to render them valid and enforceable in conformity with the parties’ intent as manifested herein. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services must be filed within one (1) year after such claim or cause of action arose or be forever barred. The headings to Sections of this Agreement are for convenience or reference only and do not form a part of this Agreement and will not in any way affect its interpretation. Neither Party will be afforded or denied preference in the construction of this Agreement, whether by virtue of being the drafter or otherwise. For purposes of this Agreement, the words and phrases “include,” “includes”, “including” and “such as” are deemed to be followed by the words “without limitation”. The Parties have agreed to contract electronically, and accordingly, electronic signatures will be given the same effect and weight as originals. The Company shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of the Company, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond the Company’s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

I agree THAT MY USE OF THE WEBSITE AND SERVICES IS AN ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS.