TRIAL XTREME FREEDOM TERMS OF SERVICE
Date of Last Revision: Nov 21 2024

 

Welcome to Trial Xtreme Freedom!

Gameplay Galaxy Inc. (“Gameplay Galaxy,” “we,” “us,” or “our”) provides our game Trial Xtreme Freedom
(described below), and related content to you through our mobile applications (“Mobile Apps”), website(s)
located at [https://www.gameplaygalaxy.com] (the “Site”), and related services and technologies (our
game Trial Xtreme, our Mobile Apps, the Site, the Marketplace (defined below) and such services and
technologies, including any updated or new features and functionality, collectively, the “Service”). All
access and use of the Service is subject to the terms and conditions contained in these Terms of Service
(as amended from time to time, these “Terms of Service”). The Services may include distributed
application running on one or more blockchain networks), using blockchain mechanisms such as smart
contracts (each, a “Smart Contract”), non-fungible tokens such as users’ digital dirt bike (e.g., a “Trail
Xtreme Bike” and generally referred to herein as “NFTs”), crypto currency and other tokens (“Tokens”,
collectively referred to as “In Game Digital Assets” (as defined below)) that interact with, enhances or
enable the use of our Services or portions thereof. In connection with your use of the Services you may
be able to mint or otherwise obtain certain In-Game Digital Assets, including the Trail Xtreme Bike, as
non-fungible tokens on the blockchain using a digital wallet tied to your Account prior to becoming eligible
to receive such Digital Assets. By accessing, browsing, or otherwise using the Site, Mobile Apps, or any
other aspect of the Service, you acknowledge that you have read, understood, and agree to be bound by
these Terms of Service. If you do not accept the terms and conditions of these Terms of Service, you will
not access, browse, or otherwise use the Service.
We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any
time. If we do this, we will post the changes on this page and will indicate at the top of this page the date
these Terms of Service were last revised. You may read a current, effective copy of these Terms of
Service by visiting the “Terms of Service” link on the Site located at https://www.gameplaygalaxy.com/
license-agreement/ or under the “Legal — Terms of Service” section of our Mobile App. We will also
notify you of any material changes, either through the Service user interface, a pop-up notice or through
other reasonable means. Your continued use of the Service after the date any such changes become
effective constitutes your acceptance of the new Terms of Service. You should periodically visit this page
to review the current Terms of Service so you are aware of any revisions. If you do not agree to abide by
these or any future Terms of Service, you will not access, browse, or use (or continue to access, browse,
or use) the Service.
At Gameplay Galaxy, we respect the privacy of our users. For more information please see our Privacy
Policy, located at https://www.gameplaygalaxy.com/privacy-policy/ and under the Legal — Privacy Policy
section of our Mobile App (the “Privacy Policy”). By using the Service, you consent to our collection, use
and disclosure of personal data and other data as outlined therein.

What is Trial Xtreme Freedom?
Trial Xtreme Freedom is a competitive mobile racing game that allows competitive extreme sports
players to compete, buy, evolve and trade in constantly changing, realistic, exciting and challenging tracks
and environments.

How do I use the Service?
Your Registration Obligations: You may be required to register with Gameplay Galaxy or
provide and verify information about yourself (e.g., name and email address) in order to access and use
certain features of the Service. If you choose to register for the Service, you agree to provide and
maintain true, accurate, current, and complete information about yourself as prompted by the Service’s
registration form. Registration data and certain other information about you are governed by our Privacy
Policy. If you are under 13 years of age, you are not authorized to use the Service, with or without
registering. In addition, if you are under 18 years old, you may use the Service, with or without registering,
only with the approval of your parent or guardian. Upon becoming a registered user, you may be
prompted, or have the ability to, purchase Galaxy Coins (a form of in-game credits as explained below)
using a credit or debit card or other supported payment methods. We work with one or more payment
processors to process your payment to us, and you may be asked to register with the payment
processors and be bound by their terms and conditions, and you agree to do so. All amounts you pay to
purchase Galaxy Coins will become the exclusive property of Gameplay Galaxy. Your Galaxy Coins will
be made available to you as an “account balance” that can be used to purchase In-Game Digital Assets
(defined below). The Galaxy Coins have no cash value and cannot be redeemed for cash, transferred to a
third party, or to make purchases from any other person. By making a purchase

Member Account, Password and Security: You are solely responsible for maintaining the
confidentiality of your password and account details, if any, and are fully responsible for any and all
activities that occur under your password or account. You agree to (a) immediately notify Gameplay
Galaxy of any unauthorized use of your password or account or any other breach of security, and (b)
ensure that you exit from your account at the end of each session when accessing the Service. Gameplay
Galaxy will not be liable for any loss or damage arising from your failure to comply with this paragraph.

Modifications to Service: Gameplay Galaxy reserves the right to modify or discontinue,
temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that
Gameplay Galaxy will not be liable to you or to any third party for any modification, suspension or
discontinuance of the Service.

General Practices Regarding Use and Storage: You acknowledge that Gameplay Galaxy may
establish general practices and limits concerning use of the Service, including the maximum period of
time that data or other content will be retained by the Service and the maximum storage space that will be
allotted on Gameplay Galaxy’s or its third-party service providers’ servers on your behalf. You agree that
Gameplay Galaxy has no responsibility or liability for the deletion or failure to store any data or other
content maintained or uploaded by the Service. You acknowledge that Gameplay Galaxy reserves the
right to terminate accounts that are inactive for an extended period of time, which may result in loss of
any Galaxy Coins associated with the account. You further acknowledge that Gameplay Galaxy reserves
the right to change these general practices and limits at any time, in its sole discretion, with or without
notice.

Service Content: You acknowledge and agree that the Service may contain content or features
(“Service Content”) that are protected by copyright, patent, trademark, trade secret, or other proprietary
rights and laws. Except as expressly authorized by Gameplay Galaxy, you agree not to modify, copy,
frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on the Service or the
Service Content, in whole or in part, except that the foregoing does not apply to your own User Content
(defined below) that you upload to or make available through the Service in accordance with these Terms
of Service. Any use of the Service or the Service Content other than as specifically authorized herein is
strictly prohibited.

 

Galaxy Coins, and In-Game Digital Assets

Galaxy Coins and In-Game Digital Assets: As part of your use of the Service, you may earn or
obtain Galaxy Coins, a digital coin that may be used only on the Service, including by completing certain
achievements (e.g., winning a racing event), and you may exchange your Galaxy Coins for in-game
abilities, items or other fungible or non-fungible digital assets, including NFTs (collectively, “In-Game
Digital Assets”) that may be sold, used and traded, subject to these Terms of Service. . You may have the
option to mint certain In-Game Digital Assets, and by minting an In-Game Digital Asset as an NFT, you
agree to comply with any terms, including licenses or payment rights that are embedded within or
otherwise included with any such In-Game Digital Asset. Gameplay Galaxy does not guarantee that In-
Game Digital Assets will be transferable to or have any utility in connection with any other platform.

You are only allowed to purchase In-Game Digital Assets from us or our authorized partners
through the Service, and not in any other way. You must be 18 years of age (or the age of majority in your
state or other jurisdiction in which you reside), or obtain permission from your parent or legal guardian to
purchase In-Game Digital Assets and provide proof of such consent to us upon our request.

In-Game Digital Assets have no cash value and are not redeemable for cash. In-Game Digital Assets that you do
not purchase but may be awarded to you for in-game participation or otherwise, are provided for loyalty,
award, or promotional purposes only.

In-Game Digital Assets may also be purchased directly through the Service via fiat or crypto
payments. Merit Circle and other supported electronic wallets may allow you to store and engage in
transactions using cryptocurrency (either directly via an exchange). Transactions may require the
payment of a transaction fee (“Gas Fee”) for every transaction that occurs on the network. You may need
to pay a Gas Fee for each transaction that occurs on the blockchain or any other similar third party
company that provides an electronic wallet. Gameplay Galaxy neither owns nor controls Your applicable
wallet, exchange or any third party company, product or service that you may access, visit, or use.
Gameplay Galaxy will have no access or control over these payments or transactions, or ability to reverse
any payments or transactions. Gameplay Galaxy will be not liable for acts or omissions of [Merit Circle],
Coinbase, or any other such third parties, nor will Gameplay Galaxy be liable for any damage that you
may suffer as a result of your transactions or any other interactions with any such third parties. In addition
to the Gas Fee, each time you use the Services including its Smart Contract capabilities to conduct a
transaction with another person or entity via the Marketplace or other parts of the Services, you authorize
us to collect a commission based on the total value of that transaction (each, a “Commission”). You
acknowledge and agree that the Commission will be transferred directly to us through the Blockchain as a
part of the applicable transaction. You may be able to use the Services or other compatible wallets to
send and receive In-Game Digital Assets with other users of the Service (as discussed below). Gameplay
Galaxy does not offer any user the ability to exchange one form of currency for any other form of currency
(fiat or digital). In-Game Digital Assets (potentially excluding NFTs) have no cash value. In-Game Digital
Assets that you earn for in-game participation and that you do not purchase are provided for loyalty,
award, and promotional purposes only.

Gameplay Galaxy cannot ensure that any transaction details a user submits via the Services will
be confirmed or processed on the blockchain. You acknowledge and agree that the transaction details
submitted by you via the Services may not be completed or may be delayed by the any blockchain used
to process the transaction. Gameplay Galaxy does not guarantee that the Services can transfer title or
right in any In-Game Digital Asset, and Gameplay Galaxy makes no warranties of title of any kind. Once
transaction details have been submitted to the blockchain, Gameplay Galaxy cannot assist you with
canceling or otherwise modify such transaction or details.

Subject to your continued compliance with these Terms of Service, Gameplay Galaxy grants you
a worldwide, royalty-free license to use, copy, and display the In-Game Content associated with your In-
Game Digital Assets for so long as you own the applicable In-Game Digital Assets, solely for the following
purposes: (i) your use of the Service; (ii) as part of a marketplace that permits the purchase and sale of
your In-Game Digital Asset, provided that the marketplace cryptographically verifies each In-Game Digital
Asset owner’s rights to display the corresponding In-Game Content to ensure that only the actual owner
can display such In-Game Content; or (iii) as part of a third party website or application that permits the
inclusion, involvement, or participation of your In-Game Digital Assets, provided that the website/
application cryptographically verifies each In-Game Digital Asset owner’s rights to display the
corresponding In-Game Content, and provided that such In-Game Content is no longer visible once the
owner of such In-Game Digital Asset leaves the website/application. If you make your In-Game Digital
Assets available to other users hereunder, you acknowledge and accept that such In-Game Digital Assets
shall be governed by these Terms of Service.

We may limit, modify, revalue, or make Galaxy Coins more or less common, valuable, effective,
or functional and may also change, at any time, potential In-Game Digital Assets on the Service or the
requirements to earn such In-Game Digital Assets. In-Game Digital Assets may have limited supplies or
may be offered for a limited period. We may, in our sole discretion, substitute In-Game Digital Assets with
other In-Game Digital Assets of equal or greater value. You agree to comply with all requirements
associated with In-Game Digital Assets, including any third party terms that may apply to the redemption,
activation, or use of such In-Game Digital Assets. Galaxy Coins and In-Game Digital Assets are intended
to be redeemed only on the Service. You understand Galaxy Coins are not currency, are not intended to
substitute for currency, and cannot be used to purchase goods or services from other merchants.

You are solely responsible for redeeming any Galaxy Coins or In-Game Digital Assets within the time specified in
your account or on the Service, and we are not responsible for your inability to use or derive benefit from
any Galaxy Coins or In-Game Digital Assets. You are solely responsible for paying any applicable taxes
related to Galaxy Coins or In-Game Digital Assets that you acquire. No credit or reversal of any Galaxy
Coins or In-Game Digital Assets will be provided once the Galaxy Coins or In-Game Digital Assets are
redeemed.

Gameplay Galaxy may manage, regulate, control, modify or eliminate In-Game Digital Assets at
any time, with or without notice; however, your In-Game Digital Assets (or rights associated with such
assets) may not expire within 5 years from the date of purchase or such longer period as required by
applicable law. Gameplay Galaxy shall have no liability to you or any third party in the event that
Gameplay Galaxy exercises any such rights.

Gameplay Galaxy may limit, in its sole discretion, the number of In-Game Digital Assets you may
purchase in any transaction or in the aggregate. Should there be remaining Galaxy Coins in your account
after a certain period of inactivity or after your account is closed, we may be required to remit the
remaining value to the appropriate state agency. If that occurs, you will be required to contact the relevant
state agency in order to claim your funds.

The use or transfer of In-Game Digital Assets is prohibited except where expressly authorized in
the Service. Other than as expressly authorized in the Service, you shall not sell, purchase, redeem or
otherwise transfer In-Game Digital Assets to any person or entity or attempt any of the aforesaid,
including but not limited to Gameplay Galaxy, another user or any third party.

ALL PURCHASES AND REDEMPTIONS OF IN-GAME DIGITAL ASSETS MADE THROUGH
THE SERVICE ARE FINAL AND NON-REFUNDABLE

The provision of In-Game Digital Assets is strictly for your personal, non-commercial use in
Gameplay Galaxy games. This is a service provided by Gameplay Galaxy that commences immediately
upon acceptance by Gameplay Galaxy of your purchase.

You agree to pay all fees and applicable taxes incurred by you or anyone using a Gameplay
Galaxy account registered by you. Gameplay Galaxy may revise the pricing for the In-Game Digital
Assets offered through the Service at any time. YOU ACKNOWLEDGE THAT, TO THE EXTENT
PERMITTED BY LAW, GAMEPLAY GALAXY IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY
REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED
VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY
OR INVOLUNTARY

Risk Assumption: You accept and acknowledge each of the following:

a)   The values of In-Game Digital Assets are subjective. To the extent that you sell your In-Game
Digital Assets, please be aware that the prices of such In-Game Digital Assets are extremely
volatile and fluctuations in the prices of other tokens and NFTs may impact the price of your
In-Game Digital Assets, both positively and negatively. Given the volatility, any In-Game
Digital Assets should not be considered an investment. You assume all risks in that
connection.
b)  You understand that you are responsible for any fees related to use of the Service, including
for actions you take on the blockchain, regardless of whether a successful transaction occurs,
and that such fees are final and irreversible.
c)  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. Gameplay Galaxy is not responsible for determining, withholding, collecting,
reporting, or remitting any taxes that apply to your In-Game Digital Assets or the sale/
purchase of your In-Game Digital Assets.
d)  You assume all risks associated with using an Internet and blockchain-based currency,
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. You accept and acknowledge that Gameplay
Galaxy 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.
e)  There are risks associated with purchasing items associated with content created by third
parties through peer-to-peer transactions, including but not limited to, the risk of purchasing
counterfeit items, mislabeled items, items that are vulnerable to metadata decay, items on
Smart Contracts with bugs, and items that may become untransferable. You represent and
warrant that you have done sufficient research before making any decisions to sell, obtain,
transfer, or otherwise interact with any In-Game Digital Assets or accounts/collections.
f)  NFTs, cryptocurrencies and blockchain technology are relatively new and the regulatory
landscape is unsettled. New regulations or policies may materially adversely affect such
technologies impacting the value and utility of your In-Game Digital Assets and the
development of the Service. You understand and accept all risk in that regard.
g)  We do not have ownership or control of the Smart Contracts deployed by third parties, and
are not responsible and make no guarantees regarding their operation and functionality.
h)  You assume all responsibility for any adverse effects of disruptions or other issues impacting
any blockchain or its platform.
i)  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 Gameplay Galaxy has no ability to reverse any transactions on the blockchain.
j)  In-Game Digital Assets are not considered legal tender, are not issued or backed by any
government, and have fewer regulatory protections than traditional currency. Moreover In-
Game Digital Assets are not insured against theft or loss by any insurance corporation or any
investor protection, including the Federal Deposit Insurance Corporation or the Securities
Investor Protection Corporation.
k)  The Service relies on third-party platforms and/or vendors. For the avoidance of doubt,
Gameplay Galaxy cannot control the performance of third parties.
l) Gameplay Galaxy reserves the right to disable collections, contracts, and items affected by
any of these issues or by other issues. Items you purchase may become inaccessible on
Gameplay Galaxy. Under no circumstances shall the inability to view items on Gameplay
Galaxy or an inability to use the Service in conjunction with the purchase, sale, or transfer of
items available on any blockchains serve as grounds for a claim against Gameplay Galaxy.

Marketplace Terms
Gameplay Galaxy may also provide an online platform through which users can view, offer to purchase
and purchase In-Game Digital Assets or other items that can be used and deployed in one or more
games made available through the Services (the “Marketplace”).

THE MARKETPLACE SERVICES INCLUDE A MARKETPLACE WHICH ALLOWS USERS TO OFFER
TO SELL AND SELL IN-GAME DIGITAL ASSETS TO, AND OFFER TO BUY AND BUY IN-GAME
DIGITAL ASSETS FROM, OTHER USERS. ALL IN-GAME DIGITAL ASSETS AVAILABLE THROUGH
THE MARKETPLACE ARE FURNISHED BY OR ON BEHALF OF SELLERS IN CONNECTION WITH
SUCH SALES. YOU AGREE THAT GAMEPLAY GALAXY SHALL NOT BE A PARTY TO OR HAVE
ANY RESPONSIBILITY OR LIABILITY FOR, ARISING OUT OF, RELATING TO, ASSOCIATED WITH
OR RESULTING FROM ANY DISPUTES BETWEEN YOU AND ANY BUYER OR SELLER OF INGAME
DIGITAL ASSETS IN RESPECT OF THE USE, MISUSE, PROVISION OR FAILURE TO
PROVIDE ANY IN-GAME DIGITAL ASSETS. YOU BEAR FULL RESPONSIBILITY FOR VERIFYING
THE IDENTITY, LEGITIMACY, AND AUTHENTICITY OF IN-GAME DIGITAL ASSETS THAT YOU
PURCHASE. GAMEPLAY GALAXY IS NOT A DIGITAL WALLET PROVIDER, BROKER, DEALER,
FINANCIAL INSTITUTION, EXCHANGE, PAYMENT PROCESSOR, MONEY SERVICES BUSINESS,
OR CREDITOR.

All access and use of the Marketplace is subject to the terms and conditions contained in these
Terms of Service. Pricing and payment terms on the Marketplace, including specific details relating to the
offering of any In-Game Digital Assets, will be set forth at the point of sale. Gameplaxy Galaxy may, in its
sole discretion, limit the use of the Marketplace to the listing and sale of certain In-Game Digital Assets or
collections of In-Game Digital Assets. In-Game Digital Assets listed on the Marketplace are being offered
by the individuals seeking to sell such In-Game Digital Assets (“Sellers”), and the actual contracts for sale
are between the Sellers and the individuals seeking to buy such In-Game Digital Assets (“Buyers”). A user
who has purchased a In-Game Digital Assets on the Marketplace, whether in its initial sale or via
secondary sale, may be able to resell that In-Game Digital Assets on the Marketplace and/or on a thirdparty
marketplace, subject to these Terms and any supplemental terms and conditions. Gameplay Galaxy
is not the Seller of any In-Game Digital Assets listed on the Marketplace and will not provide or deliver
any In-Game Digital Assets. Gameplay Galaxy gas no control over the ability of Sellers to sell or receive
compensation for In-Game Digital Assets, the ability of Buyers to purchase or pay for In-Game Digital
Assets, or that a Buyer and Seller will actually complete a transaction on the Marketplace. Gameplay
Galaxy has no control over the quality, safety, timing, legality, failure to provide, or any aspect whatsoever
of any In-Game Digital Assets advertised or sold by Sellers, or of the integrity, responsibility, or any
actions of any users. Gameplay Galaxy makes no representations about any transactions or interactions,
whether public, private, online or offline, including with regard to the suitability, reliability, timeliness or
accuracy thereof.

To make use of the Marketplace, you must connect your Ethereum-compatible digital wallet on a
supported bridge extension, such as MetaMask, Coinbase, and others that may be supported on the Site.
By connecting your digital wallet to the Site, you expressly represent that you are the lawful and rightful
owner of the digital wallet. Your digital wallet transactions are broadcasted to the Ethereum blockchain
through the applicable third-party bridge extension, which facilitates transactions on your behalf. By using
your digital wallet in connection with the Marketplace, you agree that you are using that wallet lawfully
and under the terms and conditions of the applicable third party-wallet provider. Your digital wallet and all
assets held therein are your personal property, and not the property of Gameplay Galaxy. Gameplay
Galaxy has no responsibility or technical ability to manage, modify, secure, or perform transactions on
behalf of your digital wallet.

Your use of the wallet or the Marketplace and interaction with third parties is entirely voluntary
and optional. If you decide to access or use a third-party service, your activity and use of those third-party
services is governed by their terms and conditions. To be eligible to use the Marketplace, you must be a
resident of a country in which your wallet and the Marketplace are supported and be at least 18 years of
age.

You are solely responsible for the retention and security of your private key. You, and not
Gameplay Galaxy, are solely responsible for keeping your private key access information, as well as your
authentication-related information, secure. Gameplay Galaxy is not responsible, and is not able, to
maintain your private key. Failure to keep your private key secure may result in the loss of control of your
wallet and In-Game Digital Assets associated with your wallet. You acknowledge and agree that we do
not receive or store your wallet authentication information, encrypted private key, or unencrypted private
key associated with your wallet. We cannot modify, recover, or reset your authentication method, and you
accept and acknowledge that if you lose access to or control over any authentication method, or fail to
store a backup of your private key, then you will lose access to the wallet and any digital items or In-
Game Digital Assets associated with the wallet.

You also represent and warrant that you will comply with all applicable laws (e.g., local, state,
federal and other laws) in connection with using the Marketplace. In order to comply with our legal
obligations and keep our users and our Services safe, we may need to restrict, suspend, or terminate
your access to the Marketplace. You acknowledge that Gameplay Galaxy is under no obligation to
disclose the details of its decision to take such action with you.

Without limiting the foregoing, by using the Marketplace, you represent and warrant that: (a) 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”); (b) you are not subject to any
sanctions administered by an agency of the U.S. Government, any other government, or the United
Nations (collectively, “Sanctions”); (c) if you are an entity, you are not owned or controlled, directly or
indirectly, by any person that is subject to Sanctions, or that is located in, ordinarily resident in, or
organized under the laws of, any Embargoed Jurisdiction; (d) if you are an entity, none of your officers,
managers, directors, shareholders or authorized representatives is subject to Sanctions, or is located in,
ordinarily resident in, or organized under the laws of, any Embargoed Jurisdiction, or is owned or
controlled, directly or indirectly, by any person that is subject to Sanctions or that is located in, ordinarily
resident in, or organized under the laws of, any Embargoed Jurisdiction; (e) you have not transacted and
will not transact with any person or entity falling into any of (a)-(d); (f) you have not transacted and will not
transact for the benefit of any person or entity falling into any of (a)-(d). You further covenant that the
foregoing shall be true during the entire period you have an account with us. If you access or use the
Marketplace outside the United States, you are solely responsible for ensuring that your access and use
of the Marketplace in such country, territory or jurisdiction does not violate any applicable laws.

Gameplay Galaxy may require you to provide additional information and documents in certain
circumstances, such as at the request of any government authority, as any applicable law or regulation
dictates, to provide you with a requested service, or to investigate a potential violation of these Terms of
Service. In such cases, Gameplay Galaxy, in its sole discretion, may disable your account and block your
ability to access the Service, including the Marketplace, until such additional information and documents
are processed by Gameplay Galaxy. If you do not provide complete and accurate information in response
to such a request, Gameplay Galaxy may refuse to restore your access to the Service, and the
Marketplace.

Marketplace Payment Terms: Marketplace transactions involving your digital wallet and In-
Game Digital Assets may be subject to commissions, fees, royalties and other charges including, but not
limited to: (1) a 15% royalty commission paid by the seller for any In-Game Digital Assets to be deducted
from the total proceeds]; (2) a standard 2.5% fee paid by the buyer in addition to the sale price for all
types of sales transactions made on the Site to be deducted from the total proceeds; and (3) Gas Fees
paid by each party to the Ethereum blockchain miners in ETH or other cryptocurrency through your digital
wallet as consideration for validating your transactions. The value of Gas Fees changes, often
unpredictably, and is entirely outside of the control of Gameplay Galaxy. Before you pay any fees, you
agree that you have had an opportunity to review and accept the fees that you will be charged. All
Marketplace commissions, fees, and royalties are denominated in ETH or other cryptocurrency or fiat
currency and are non-refundable. Gameplay Galaxy assumes no obligation or duty to provide notice in
advance of changes to the Marketplace fees or other Marketplace settings.

Marketplace Restrictions: You cannot use or allow others to use the Marketplace for any type of
illegal economic activity. You are forbidden from engaging in any type of transaction for the purpose of
illegally concealing economic activity, laundering money, violating U.S. sanction, or financing terrorism. In
furtherance of the foregoing, you agree to report any suspicious activity related that they become aware
of.
The Marketplace depends on the honest and lawful participation of all its users. In addition to ensuring
compliance with applicable law and comporting with general principles of fairness and honest, a the
Conditions of Access and Use set forth below, you understand and agree that:
a) You are forbidden from engaging in any behavior, whether on or off of the Marketplace, with the
intent to artificially devalue, inflate, or otherwise deceptively influence, misrepresent, or cause to
be misrepresented the actual or apparent price or value of any In-Game Digital Asset(s).
b) You are forbidden from bidding on, purchasing, making offers on, or attempting to influence the
price of any In-Game Digital Asset(s) that you already own or control though any of your digital
wallets, whether or not the digital wallet is a registered user of the Services.
c) You are forbidden from participating in, facilitating, assisting, or knowingly transacting with any
pool, syndicate or joint account organized for the purpose of unfairly or deceptively influencing the
market price of any In-Game Digital Asset(s).
d) You are forbidden from marketing or promoting any In-Game Digital Asset(s) as investment
products, securities, assets intended solely for resale, or otherwise in any manner that would
suggest that any In-Game Digital Asset will appreciate in value.
e) You are forbidden from infringing or violating the intellectual property rights or any other rights of
others.
f) You are forbidden from displaying, purchasing, or selling illegal content, such as content that may
involve child sexual exploitation.
g) You are forbidden from displaying In-Game Digital Assets or other items that promote suicide or
self-harm, incite hate or violence against others, or dox another individual.
h) You are forbidden from using the Marketplace with the proceeds of unlawful activity or with a
wallet used to engage in unlawful activity.
i) You are forbidden from using the Marketplace in any manner that could interfere with, disrupt,
negatively affect or inhibit other users from fully enjoying the Marketplace.

Conditions of Access and Use

User Conduct: You are solely responsible for all code, video, images, information, data, text,
software, music, sound, photographs, graphics, messages, and other materials (collectively, “content”)
that you make available to Gameplay Galaxy, including by uploading, posting, publishing, or displaying
(hereinafter, “upload(ing)”) via the Service or by emailing or otherwise making available to other users of
the Service (collectively, “User Content”). The following are examples of the kinds of content and/or uses
that are illegal or prohibited by Gameplay Galaxy. Gameplay Galaxy reserves the right to investigate and
take appropriate legal action against anyone who, in Gameplay Galaxy’s sole discretion, violates this
provision, including removing the offending content from the Service, suspending or terminating the
account of such violators, and reporting the violator to law enforcement authorities. You agree to not use
the Service to:
a) transmit or otherwise upload any content that (i) infringes any intellectual property or other
proprietary rights of any party; (ii) you do not have a right to upload under any law or under
contractual or fiduciary relationships; (iii) contains software viruses or any other computer
code, files or programs designed to interrupt, destroy, or limit the functionality of any
computer software or hardware or telecommunications equipment; (iv) poses or creates a
privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising,
promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,”
“pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is
unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory,
vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, discriminatory,
or otherwise objectionable; or (vii) in the sole judgment of Gameplay Galaxy, is objectionable
or which restricts or inhibits any other person from using or enjoying the Service, or which
may expose Gameplay Galaxy or its users to any harm or liability of any type;
b) interfere with or disrupt the Service or servers or networks connected to the Service, or
disobey any requirements, procedures, policies, or regulations of networks connected to the
Service;
c) violate any applicable local, state, national, or international law, or any regulations having the
force of law;
d) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation
with a person or entity;
e) solicit personal information from anyone under the age of 18;
f) harvest or collect email addresses or other contact information of other users from the
Service by electronic or other means for the purposes of sending unsolicited emails or other
unsolicited communications;
g) advertise or offer to sell or buy any goods or services for any business purpose that is not
specifically authorized;
h) further or promote any criminal activity or enterprise or provide instructional information about
illegal activities;
i) obtain or attempt to access or otherwise obtain any content or information through any
means not intentionally made available or provided for through the Service;
j) circumvent, remove, alter, deactivate, degrade, or thwart any of the content protections in or
geographic restrictions on any content (including Service Content (as defined below))
available on or through the Service, including through the use of virtual private networks; or
k) engage in or use any data mining, scraping, or similar data gathering or extraction methods.
If you are blocked by Gameplay Galaxy from accessing the Service (including by blocking
your IP address), you agree not to implement any measures to circumvent such blocking
(e.g., by masking your IP address or using a proxy IP address or virtual private network).

Mobile Services and Software

Mobile Services: The Service includes certain services that are available via a mobile device,
including (i) the ability to upload content to the Service via a mobile device, (ii) the ability to browse the
Service and the Site from a mobile device, and (iii) the ability to access certain features and content
through Mobile Apps (collectively, the “Mobile Services”). To the extent you access the Service through a
mobile device, your wireless service carrier’s standard charges, data rates, and other fees may apply. In
addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your
carrier, and not all Mobile Services may work with all carriers or devices.

Telephonic Communications Services: By using the Service and providing us with your
telephone number(s), you are consenting to be contacted by Gameplay Galaxy or its affiliates or partners
by telephone (including on a recorded line), automated calling, automated telephone dialing system
calling, automated system calling, artificial voice or pre-recorded calling, text message, SMS and/or MMS
message, fax, or other telephonic or electronic means for marketing, solicitation, informational or another
purposes, even if your telephone number(s) is registered on the National Do Not Call List, a state Do not
Call List, or the internal Do Not Call List of Gameplay Galaxy or its affiliates or partners. You may be
required to respond to an initial call or message as instructed to complete your registration and confirm
enrollment to receive such calls, texts or other telephonic communications. You do not have to consent to
receive calls or text messages from Gameplay Galaxy or its affiliates or partners for marketing or
solicitation purposes to purchase Gameplay Galaxy’s products or services. In the event you no longer
wish to receive such calls, text messages or other telephonic communications, you agree to notify
Gameplay Galaxy or its affiliates or partners, as applicable, directly. In the event you change or deactivate
your telephone number, you agree to promptly update your Gameplay Galaxy account information to
ensure that your messages are not sent to a person that acquires your old telephone number.
There is no additional charge for telephonic communications, but your carrier’s standard
message and data rates apply to any calls, text messages, SMS or MMS messages you send or receive.
Your carrier may prohibit or restrict certain mobile features and certain mobile features may be
incompatible with your carrier or mobile device. We are not liable for any delays in the receipt of, or any
failures to receive, any calls, text messages, SMS or MMS messages, as delivery is subject to effective
transmission by your mobile carrier and compatibility of your mobile device. Please contact your mobile
carrier if you have any questions regarding these issues or your mobile data and messaging plan.
By reply to any text, SMS or MMS message you receive from us, you may text “STOP” to cancel
or “HELP” for customer support information. If you choose to cancel text, SMS or MMS messages from
us, you agree to receive a final message from us confirming your cancellation.
You can also invite others to use the Service through the Communication Services by providing
the numbers of those you want to invite or by selecting the individuals you want to invite from your
contacts list (if you have uploaded one), and taking the actions to send those individuals an invitation
message. By inviting others to use the Service, you represent to us that those you invite consent to
receive the invitation messages and that you are authorized to convey that consent to us.

Mobile App License: Subject to these Terms of Service, Gameplay Galaxy hereby grants to you
a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to (a) install the Mobile
App on one mobile device and (b) use the Mobile App for your own personal use solely to access and use
the Service. For clarity, the foregoing is not intended to prohibit you from installing the Mobile App on
another device on which you also agreed to these Terms of Service. Each instance of these Terms of
Service that you agree to in connection with downloading a Mobile App grants you the aforementioned
rights in connection with the installation and use of the Mobile App on one device.

Ownership; Restrictions: The technology and software underlying the Service or distributed in
connection therewith are the property of Gameplay Galaxy, its affiliates, and its licensors (including the
Mobile Apps, the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer,
reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, or
otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by
Gameplay Galaxy.

Special Notice for International Use; Export Controls: Gameplay Galaxy is headquartered in
the United States. Whether inside or outside of the United States, you are solely responsible for ensuring
compliance with the laws of your specific jurisdiction. Software available in connection with the Service
and the transmission of applicable data, if any, is subject to United States export controls. No Software
may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export
laws. Downloading, accessing or using the Software or Services is at your sole risk.

Payment Processing: Gameplay Galaxy may decide that certain payment processing and
related services (e.g., digital wallet management, card acceptance, merchant settlement) for the Services
will be performed by Gameplay Galaxy ’s third-party dApp providers, such as Metamask ( a “dApp
Provider”). Your use of the Services and the payment processing and related services provided by a dApp
Provider is subject to your agreement(s) with such dApp Provider for such Services and payment
processing and related services, as may be modified by the dApp Provider from time to time (collectively,
“dApp Provider Agreement”). As a condition of using the dApp Provider’s payment processing and related
services, you must provide accurate and complete information, and you authorize us to share this
information with the dApp Provider and to charge your payment method for all amounts that may become
due under this Agreement. Your use of the dApp Provider’s payment processing and related services is
conditioned upon your compliance with the dApp Provider Agreement, and if the dApp Provider
Agreement is terminated by the dApp Provider, you may not be able to use the Services, or you may have
your use of the Services suspended or terminated. We may change or add other payment processing
services at any time upon notice to you, which may be subject to additional terms or conditions. We will
have no control over the dApp Provider’s payment processing and related services and cannot reverse or
refund any transactions

Third-Party Distribution Channels: Gameplay Galaxy offers Software that may be made
available through the Apple App Store, the Google Play Store, or other distribution channels (“Distribution
Channels”). If you obtain such Software through a Distribution Channel, you may be subject to additional
terms of the Distribution Channel. These Terms of Service are between you and us only, and not with the
Distribution Channel. To the extent that you utilize any other third-party products and services in
connection with your use of the Service, you agree to comply with all applicable terms of any agreement
for such third-party products and services.

Apple-Enabled Software: With respect to Mobile Apps that are made available for your use in
connection with an Apple-branded product (the “Apple-Enabled Software”), in addition to the other terms
and conditions set forth in these Terms of Service, the following terms and conditions apply:

• Gameplay Galaxy and you acknowledge that these Terms of Service are concluded between
Gameplay Galaxy and you only, and not with Apple Inc. (“Apple”), and that as between Gameplay
Galaxy and Apple, Gameplay Galaxy, not Apple, is solely responsible for the Apple-Enabled
Software and the content thereof.

• You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent
with the Usage Rules set forth for Apple-Enabled Software in, or otherwise be in conflict with, the
Apple Media Services Terms and Conditions.

• Your license to use the Apple-Enabled Software is limited to a non-transferable license to use the
Apple-Enabled Software on an iOS product that you own or control, as permitted by the “Usage
Rules” set forth in the Apple Media Services Terms and Conditions, except that such Apple-
Enabled Software may be accessed and used by other accounts associated with the purchaser
via Apple’s Family Sharing or volume purchasing programs.

• Apple has no obligation whatsoever to provide any maintenance or support services with respect
to the Apple-Enabled Software.

• Apple is not responsible for any product warranties, whether express or implied by law. In the
event of any failure of the Apple-Enabled Software to conform to any applicable warranty, you
may notify Apple, and Apple will refund the purchase price for the Apple-Enabled Software, if any,
to you; and, to the maximum extent permitted by applicable law, Apple will have no other warranty
obligation whatsoever with respect to the Apple-Enabled Software, or any other claims, losses,
liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty,
which will be Gameplay Galaxy’s sole responsibility, to the extent it cannot be disclaimed under
applicable law.

• Gameplay Galaxy and you acknowledge that Gameplay Galaxy, not Apple, is responsible for
addressing any claims of you or any third party relating to the Apple-Enabled Software or your
possession and/or use of that Apple-Enabled Software, including: (a) product liability claims; (b)
any claim that the Apple-Enabled Software fails to conform to any applicable legal or regulatory
requirement; and (c) claims arising under consumer protection, privacy, or similar legislation.

• In the event of any third-party claim that the Apple-Enabled Software or your possession and use
of that Apple-Enabled Software infringes that third party’s intellectual property rights, as between
Gameplay Galaxy and Apple, Gameplay Galaxy, not Apple, will be solely responsible for the
investigation, defense, settlement, and discharge of any such intellectual property infringement
claim.

• You represent and warrant that (a) you are not 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; and (b) you are not listed on any U.S. Government list of prohibited or
restricted parties.

• If you have any questions, complaints, or claims with respect to the Apple-Enabled Software, they
should be directed to [email protected]/.

• You must comply with applicable third-party terms of agreement when using the Apple-Enabled
Software, e.g., your wireless data service agreement.

• Gameplay Galaxy and you acknowledge and agree that Apple, and Apple’s subsidiaries, are
third-party beneficiaries of these Terms of Service with respect to the Apple-Enabled Software,
and that, upon your acceptance of the terms and conditions of these Terms of Service, Apple will
have the right (and will be deemed to have accepted the right) to enforce these Terms of Service
against you with respect to the Apple-Enabled Software as a third-party beneficiary thereof.

Google-Sourced Software: The following applies to any Mobile App you download from the
Google Play Store (“Google-Sourced Software”): (a) you acknowledge that these Terms of Service are
between you and Gameplay Galaxy only, and not with Google, Inc. (“Google”); (b) your use of Google-
Sourced Software must comply with Google’s then-current Google Play Terms of Service; (c) Google is
only a provider of Google Play where you obtained the Google-Sourced Software; (d) Gameplay Galaxy,
and not Google, is solely responsible for Gameplay Galaxy’s Google-Sourced Software; (e) Google has
no obligation or liability to you with respect to Google-Sourced Software or these Terms of Service; and (f)
you acknowledge and agree that Google is a third-party beneficiary to these Terms of Service as it relates
to Gameplay Galaxy’s Google-Sourced Software.

Intellectual Property Rights

Trademarks: The Gameplay Galaxy name and logos are trademarks and service marks of
Gameplay Galaxy (collectively the “Gameplay Galaxy Trademarks”). Other products, service names and
logos used and displayed via the Service may be trademarks or service marks of their respective owners
who may or may not endorse or be affiliated with or connected to Gameplay Galaxy. Nothing in these
Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise,
any license or right to use any of Gameplay Galaxy Trademarks displayed on the Service, without our
prior written permission in each instance. All goodwill generated from the use of Gameplay Galaxy
Trademarks will inure to our exclusive benefit.

Third-Party Material: Under no circumstances will Gameplay Galaxy be liable in any way for any
content or materials of any third parties (including users), including for any errors or omissions in any
content, or for any loss or damage of any kind incurred as a result of the use of any such content. You
acknowledge that Gameplay Galaxy does not pre-screen content, but that Gameplay Galaxy and its
designees will have the right (but not the obligation) in their sole discretion to refuse or remove any
content that is available via the Service. Without limiting the foregoing, Gameplay Galaxy and its
designees will have the right to remove any content that violates these Terms of Service or is deemed by
Gameplay Galaxy, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate,
and bear all risks associated with, the use of any content, including any reliance on the accuracy,
completeness, or usefulness of such content.

User Content: You represent and warrant that you own all right, title and interest in and to such
User Content, including all copyrights and rights of publicity contained therein. You hereby grant
Gameplay Galaxy and its affiliated companies, successors, and assigns a non-exclusive, worldwide,
royalty-free, fully paid-up, transferable, sublicensable (directly and indirectly through multiple tiers),
perpetual, and irrevocable to copy, display, upload, perform, distribute, store, modify, and otherwise use
your User Content, in any form, medium or technology now known or later developed, (a) in connection
with the operation of the Service, (b) to develop and improve the Service and other Company offerings,
(c) for the promotion, advertising or marketing of the foregoing; and (d) as otherwise set forth in our
Privacy Policy. You assume all risk associated with your User Content and the transmission of your User
Content, and you have sole responsibility for the accuracy, quality, legality and appropriateness of your
User Content.
You hereby authorize Gameplay Galaxy and its third-party service providers to derive statistical and
usage data relating to your use of the Service (“Usage Data”). We may use Usage Data for any purpose
in accordance with applicable law and our Privacy Policy.
Any questions, comments, suggestions, ideas, feedback, reviews, or other information about the Service
(“Submissions”), provided by you to Gameplay Galaxy are non-confidential and Gameplay Galaxy will be
entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or
otherwise, without acknowledgment, attribution, or compensation to you.
You acknowledge and agree that Gameplay Galaxy may preserve User Content and may also disclose
User Content if required to do so by law or in the good faith belief that such preservation or disclosure is
reasonably necessary to: (a) comply with legal process, applicable laws, or government requests; (b)
enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties;
or (d) protect the rights, property, or personal safety of Gameplay Galaxy, its users, or the public. You
understand that the technical processing and transmission of the Service, including your User Content,
may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical
requirements of connecting networks or devices.

Third-Party Services and Websites

The Service may provide links or other access to services, sites, technology, and resources that are
provided or otherwise made available by third parties (the “Third-Party Services”). Additionally, you may
enable or log in to the Service via various online Third-Party Services, such as social media and social
networking services like Discord, Facebook, or Twitter. Your access and use of the Third-Party Services
may also be subject to additional terms and conditions, privacy policies, or other agreements with such
third party, and you may be required to authenticate to or create separate accounts to use Third-Party
Services on the websites or via the technology platforms of their respective providers. Some Third-Party
Services will provide us with access to certain information that you have provided to third parties,
including through such Third-Party Services, and we will use, store and disclose such information in
accordance with our Privacy Policy. For more information about the implications of activating Third-Party
Services and our use, storage and disclosure of information related to you and your use of such Third-
Party Services within the Service, please see our Privacy Policy. Gameplay Galaxy has no control over
and is not responsible for such Third-Party Services, including for the accuracy, availability, reliability, or
completeness of information shared by or available through Third-Party Services, or on the privacy
practices of Third-Party Services. We encourage you to review the privacy policies of the third parties
providing Third-Party Services prior to using such services. You, and not Gameplay Galaxy, will be
responsible for any and all costs and charges associated with your use of any Third-Party Services.
Gameplay Galaxy enables these Third-Party Services merely as a convenience and the integration or
inclusion of such Third-Party Services does not imply an endorsement or recommendation. Any dealings
you have with third parties while using the Service are between you and the third party. Gameplay Galaxy
will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be
caused by or in connection with use of or reliance on any Third-Party Services.

Indemnification

To the extent permitted under applicable law, you agree to defend, indemnify, and hold harmless
Gameplay Galaxy, its affiliates, and its and their respective officers, employees, directors, service
providers, licensors, and agents (collectively, the “Gameplay Galaxy Parties”) from any and all losses,
damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind, and injury
(including death) arising out of or relating to your use of the Service, any User Content, your connection
to the Service, your violation of these Terms of Service, or your violation of any rights of another.
Gameplay Galaxy will provide notice to you of any such claim, suit, or proceeding. Gameplay Galaxy
reserves the right to assume the exclusive defense and control of any matter which is subject to
indemnification under this section, and you agree to cooperate with any reasonable requests assisting
Gameplay Galaxy’s defense of such matter. You may not settle or compromise any claim against the
Gameplay Galaxy Parties without Gameplay Galaxy’s written consent.

Disclaimer of Warranties

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS”
AND “AS AVAILABLE” BASIS. THE GAMEPLAY GALAXY PARTIES EXPRESSLY DISCLAIM ALL
WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE,
AND NON-INFRINGEMENT.
THE GAMEPLAY GALAXY PARTIES MAKE NO WARRANTY THAT (A) THE SERVICE WILL MEET
YOUR REQUIREMENTS; (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR
ERROR-FREE; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL
BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES,
INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE
SERVICE WILL MEET YOUR EXPECTATIONS.
CERTAIN IN-GAME DIGITAL ASSETS MAY BE 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). GAMEPLAY GALAXY AND/OR ANY OTHER GAMEPLAY GALAXY PARTY CANNOT
AFFECT OR OTHERWISE CONTROL THE TRANSFER OF TITLE OR RIGHT IN ANY NFTS OR
UNDERLYING OR ASSOCIATED CONTENT OR ITEMS, INCLUDING IN-GAME DIGITAL ASSETS.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE GAMEPLAY GALAXY PARTIES WILL NOT
BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY
DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING DAMAGES FOR LOSS OF
GOODWILL, USE, OR DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE GAMEPLAY GALAXY
PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON
CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, RESULTING FROM: (A) THE
USE OR THE INABILITY TO USE THE SERVICE; (B) THE COST OF PROCUREMENT OF
SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR
SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED
INTO THROUGH OR FROM THE SERVICE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF
YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE
SERVICE; OR (E) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL THE
GAMEPLAY GALAXY PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR
CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID GAMEPLAY GALAXY IN THE LAST
SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN
WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH
ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE
DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE,
YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
IF YOU ARE A USER FROM NEW JERSEY, THE FOREGOING SECTIONS TITLED
“INDEMNIFICATION”, “DISCLAIMER OF WARRANTIES” AND “LIMITATION OF LIABILITY” ARE
INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW
JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF
THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION WILL NOT AFFECT THE
VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.

Termination

You agree that Gameplay Galaxy, in its sole discretion, may suspend or terminate your account (or any
part thereof) or use of the Service and remove and discard any content within the Service, for any reason,
including for lack of use or if Gameplay Galaxy believes that you have violated or acted inconsistently
with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive, or illegal activity that
may be grounds for termination of your use of the Service, may be referred to appropriate law
enforcement authorities. Gameplay Galaxy may also in its sole discretion and at any time discontinue
providing the Service, or any part thereof, with or without notice. You agree that any termination of your
access to the Service under any provision of these Terms of Service may be effected without prior notice,
and acknowledge and agree that Gameplay Galaxy may immediately deactivate or delete your account
and all related information and files in your account and/or bar any further access to such files or the
Service. Further, you agree that Gameplay Galaxy will not be liable to you or any third party for any
termination of your access to the Service, or revoking any benefits, privileges, earned Virtual Items, and/
or purchases associated with your Gameplay Galaxy account, including Galaxy Coins. If we terminate
your account or restrict your access or use of the Service, you retain ownership of your In-Game Digital
Assets. If applicable, you may still access your In-Game Digital Assets through public blockchains and
other web3 wallets, platforms, and/or websites.

User Disputes

You agree that you are solely responsible for your interactions with any other user in connection with the
Service, and Gameplay Galaxy will have no liability or responsibility with respect thereto. 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, TO THE EXTENT
PERMITTED BY LAW, 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. Gameplay Galaxy reserves the right, but has no obligation, to
become involved in any way with disputes between you and any other user of the Service.

General

These Terms of Service constitute the entire agreement between you and Gameplay Galaxy governing
your access and use of the Service, and supersede any prior agreements between you and Gameplay
Galaxy with respect to the Service. You also may be subject to additional terms and conditions that may
apply when you use Third-Party Services, third-party content or third-party software. These Terms of
Service will be governed by the laws of the State of California without regard to its conflict of law
provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and
Gameplay Galaxy submit to the personal and exclusive jurisdiction of the state and federal courts located
within [San Francisco, California]. The failure of Gameplay Galaxy to exercise or enforce any right or
provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision
of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties
nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in
the provision, and the other provisions of these Terms of Service remain in full force and effect. 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 Service or these Terms of Service must be filed within one (1) year after such claim or cause
of action arose or be forever barred. A printed version of these Terms of Service and of any notice given in
electronic form will be admissible in judicial or administrative proceedings based upon or relating to these
Terms of Service to the same extent and subject to the same conditions as other business documents
and records originally generated and maintained in printed form. You may not assign these Terms of
Service without the prior written consent of Gameplay Galaxy, but Gameplay Galaxy may assign or
transfer these Terms of Service, in whole or in part, without restriction. The section titles in these Terms of
Service are for convenience only and have no legal or contractual effect. As used in these Terms of
Service, the words “include” and “including,” and variations thereof, will not be deemed to be terms of
limitation, but rather will be deemed to be followed by the words “without limitation.” Notices to you may
be made via either email or regular mail. The Service may also provide notices to you of changes to these
Terms of Service or other matters by displaying notices or links to notices generally on the Service.
Gameplay Galaxy will not be in default hereunder by reason of any failure or delay in the performance of
its obligations where such failure or delay is due to civil disturbances, riot, epidemic, hostilities, war,
terrorist attack, embargo, natural disaster, acts of God, flood, fire, sabotage, fluctuations or unavailability
of electrical power, network access or equipment, or any other circumstances or causes beyond
Gameplay Galaxy’s reasonable control.

                                                                                      *    *    *