V.1.2

ATTENTION: PLEASE READ CAREFULLY THESE TERMS AND CONDITIONS AS THEY AFFECT YOUR OBLIGATIONS AND LEGAL RIGHTS, INCLUDING, BUT NOT LIMITED TO WAIVERS OF RIGHTS AND LIMITATION OF LIABILITY. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS DO NOT PROCEED WITH REGISTRATION AT POCKETARENA GAMES UNDER EMOJIGAMES.IO (“PA”) AND PA WALLET. ALSO WE REQUIRE YOU TO ACCEPT AND AGREE TO OUR PRIVACY POLICY IN ORDER TO CREATE AN ACCOUNT AT PA PLATFORM AND USE PA SERVICES.

TERMS AND CONDITIONS

 

1. Agreement

This is a contract between you and Emoji Games GmbH, a private limited company incorporated in Lucerne, Switzerland GmbH (CHE- 331.810.628) (“Company”) and that holds the rights to Pocket Arena platform, Pocket Arena Wallet, the website www.pocketarena.com, Pocket Arena dAPPs such as www.emojigames.io/service and any associated decentralised applications runs on Pocket Arena platform (these are collectively called “PA Services” or “Platform Services”). By signing up to use an account at the PA platform (“PA Account”), you agree that you are eligible for use of the PA Services and that you have read, understood, and accept these Terms and conditions, as well as our Privacy Policy.

We work constantly to improve our PA Services and develop new features to make the services better for you and our community. As a result, we may need to update these Terms from time to time to accurately reflect our services and practices. Unless otherwise required by law, we will notify you (for example, by email or through our Products) before we make changes to these Terms and give you an opportunity to review them before they go into effect. Once any updated Terms are in effect, you will be bound by them if you continue to use our PA Services.

 

2. Eligibility

You are allowed to use the PA Services if you are eligible in accordance with the law of your residence. The Company has no obligation or capability to verify whether you are eligible to use the PA Services and bears no responsibility for your use of the PA Services. The Company reserves a right to block your PA Account on the PA platform if we have any doubts with regard to your eligibility. PA Services are for the use only of the registered account holder. You agree that the information you provide to the Company during account creation and any subsequent identity verification processes is accurate and complete, and will be updated as necessary to keep it so. If you are under 16 years of age, you are not authorized to use PA Services.

It is at the sole discretion of the Company whether it will approve the opening of accounts. Additionally, the Company reserves the right to suspend accounts temporarily or permanently, including where required or recommended by applicable governmental, regulatory, or law enforcement requirements.

 

3. Services

3.1. You may use your PA Account under these Terms and conditions and receive the following services (“Platform Services”):

a) PA Games that you can simply play single mode and(or) multiplayer mode on your mobile phone or on your PC. By playing PA Games, you get rewards of POC and the POC will be stored at PA Wallet.

b) Electronic wallet (“PA Wallet”) that allows you to store, track, transfer (this “transfer” function is currently disabled and it might be enabled later time) and manage your Pocket Arena Token (“Token” or “ POC”) cryptocurrency, the Tokens that you receive for free or purchase for the sole purpose of accessing Pocket Arena Platform;

c) Decentralized in-game item exchange that allows you buying or selling tokenized game item via Tokens and also allows another cryptocurrency or exchanging them to other Tokens.(once implemented)

3.2. The Company grants you a limited non-exclusive, non-transferable and revocable license to use the Platform Services via your PA Account free of charge.

 

4. PA Account

4.1. To start using PA Account and PA Wallet you shall register at the Platform by providing your email address and your name and accepting these Terms and conditions, the Privacy Policy and receiving all legal notices including risk statements and disclaimers.
You shall ensure safety and confidentiality of your password and bear all risks related to the disclosure of your password to third parties. The Company or any affiliated person is not in possession of your password and at no event shall bear any liability in case of loss of the password or its disclosure to a third party.

We hope that you will continue using our Platform Services, but if you do not agree to our updated Terms and no longer want to be a part of Pocket Arena community, you can delete your account at any time by sending email to service@pocketarena.com. However, please note and acknowledge that your Tokens stored on PA Wallet will be deleted permanently. Once your confirmation of deleting your account, you agree that you will forfeit your right for any POC stored at your PA Wallet upon deleting your account. We can not restore your account again once you have confirmed to delete your account.

4.2. PA reserves the right to suspend any account discretionally that are not active (no activities and no actions) for 30 days after registration at the PA account. Upon suspension, PA shall reclaim all the provided POC in the account of the inactive user.

 

5. Pocket Arena (PA) Wallet

You may store Pocket Arena Tokens (“POC”) at PA Wallet, receive them from the Company and utilise POC for buying in-game items and for enjoying other various benefits within PA platform. The Company does not store your password of your PA Account. The Company assumes no responsibility and liability in connection to any attempt to use PA Wallet for any other cryptocurrencies apart from POC.

 

6. Risk warning

By accepting these Terms and Conditions, you also acknowledge that you have been warned of the following risks:

6.1. New Technology.
You understand that POC is an gaming utility token and cryptocurrency based on Stellar Lumens networks which is suited for micro transactions www.stellar.org. This Pocket Arena Token POC and PA Wallet are new and these can be outside of your or the Company’s control and adverse changes in market forces or the technology, broadly construed, will excuse the nonperformance by the Company under this Agreement including temporary interruption or permanent termination of your access to the PA Services.

6.2. Loss of funds.
The risk of loss in your PA wallet can be substantial. Therefore, you should carefully consider whether trading or holding POC is suitable for you in light of your financial condition. The Company is not responsible for such loss of value of Tokens and bears no responsibility for any loss incurred by you while using the Platform or in any direct or indirect connection to the Platform.

6.3. Unfavorable regulatory environment.
Blockchain technologies have been the subject of scrutiny by various regulatory bodies around the world. The functioning of the PA Platform could be impacted by one or more regulatory inquiries or actions, including but not limited to restrictions of use of cryptocurrencies.

6.4. Risk of theft and hacking.
Hackers or other groups or organizations may attempt to interfere with your PA Account or the Platform performance in any number of ways, including without limitation denial of service attacks, Sybil attacks, spoofing, smurfing, malware attacks, or consensus-based attacks.

6.5. Risk of security weaknesses of the Platform.
There is a risk that the Platform may unintentionally include weaknesses or bugs in the source code interfering with the use of or causing the loss of Tokens.

6.6. Internet transmission risks.
You acknowledge that there are risks associated with using the Platform including, but not limited to, the failure of hardware, software, and internet connections. You acknowledge that the Company shall not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the Platform, howsoever caused.

 

7. Your warranties and representations

7.1. By entering these Terms and conditions you warrant and represent that:

a) You are have full capacity to contract under applicable law;

b) You will only be transacting on the Platform with legally-obtained funds that belong to you;

c) You will not be furthering, performing, undertaking, engaging in, aiding, or abetting any unlawful activity through your relationship with us or through your use of the Platform;

d) You will not use the Platform for illegal purposes, including money laundering of criminal proceeds, transfer or receipt of payment for planning, preparation or commitment of crime, for financing the terrorism and illegal trade;

e) You will not use the Platform for any purpose prohibited by these Terms or in any manner that could damage, disable, overburden, or impair the Company;

f) You will be complying with and obeying all applicable laws, including but not limited to securities and capital market legislation, anti-money laundering and counterfeiting terrorism, consumer protection laws, financial promotion.

 

8. No Warranties; Exclusion of Liability; Indemnification

8.1. The PA Platform and its components such as the PA Wallet, The Platform and its components are under development, the Company cannot guarantee that all program functions will be available for any period in the future or that the functionality of the Platform will not change dramatically. The Company and its affiliates make no representations or warranties of any kind, whether express, implied, statutory or otherwise regarding the Platform, including any warranty that the Platform will be uninterrupted, error free or free of harmful components, secure or not otherwise lost or damaged. Except to the extent prohibited by law, the Company and its affiliates disclaim all warranties, including any implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, non-infringement, or quiet enjoyment, and any warranties arising out of any course of dealings, usage or trade.

8.2. The Company shall not have any liability or responsibility for any errors or omissions in performance of the Platform, for your action or inaction in connection with our Platform or for any damage to your computer or data or funds or any other damage you may incur in connection with the Platform. Your use of the Platform is at your own risk. In no event shall the Company be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with the use of the Platform, the delay or inability to use the Platform or otherwise arising in connection with our Platform whether based on contract, tort, strict liability or otherwise, even if advised of the possibility of any such damages.

8.3. You agree to defend, indemnify and hold the Company harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Platform.

8.4. The Company makes no representation that Platform Services can be received are applicable or appropriate for use in all jurisdictions.

 

9. Third-Party Websites and content

The Platform may contain links to websites owned or operated by parties other than the Company. Such links are provided for your reference only. The Company does not monitor or control outside the Platform and is not responsible for their content. The inclusion of links to third party resources does not imply any endorsement of the material on the Platform or, unless expressly disclosed otherwise, any sponsorship, affiliation or association with its owner, operator or sponsor, nor does such inclusion of links imply that the Company is authorized to use any trade name, trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the linked website. The Company does not control the third party content including the content posted by you or other users of the Platform or monitor it for compliance with any requirement (e.g. truthfulness, integrity, legality). Accordingly, the Company does not bear any liability arised in connection with your access or use of the third party content.

 

10. Taxes

The Company bears no liability for determining whether taxes apply to any of your transactions, or for collecting, reporting, or remitting any taxes arising from any transaction.

 

11. Assignment

You may not transfer or assign these Terms and Conditions or any rights or obligations you have under these Terms and Conditions without our prior written consent. The Company reserves the right to freely assign or transfer these Terms and Conditions and the rights and obligations under these Terms and Conditions to any third party at any time without prior notice or consent. If you object to such transfer or assignment, you may stop using the Platform and terminate these Terms and Conditions by contacting us.

 

12. Jurisdiction, applicable law

12.1. The Terms and conditions and any legal relationship between the Parties arising out of or in connection with them shall be governed by and construed in accordance with the laws of Switzerland without regard to its conflict of laws rules. The Parties settle all their disputes arising out of or in connection with the Terms and conditions in accordance with the laws of Switzerland.

12.2. The Parties agree to try in good faith to settle through negotiations any dispute, disagreement or claim arising out of or in connection with execution, termination or rescission of these terms and conditions. The claiming party shall send a message with its claim to the other party. The message in question shall contain the essentials of the claim and evidence supporting such claim.

12.3. In the absence of a reply to the claim within 30 working days since the sending date, or if the Parties have failed to reach an amicable settlement, the dispute shall be brought and heard exclusively in appropriate court at the location of the Company determination.

 

13. Miscellaneous

13.1. The Parties agree to use electronic signatures while delivering all necessary documents or claims. The Parties confirm that documents and claims signed by electronic signature have the legal effect and are to be accepted and considered by the Parties. The Parties confirm that all emails sent from the authorized email addresses are deemed to be sent and signed by the Parties.

13.2. Notices sent by email in accordance with these Terms and conditions shall be deemed to be sent on the date on which the e-mail is confirmed as being sent provided that day is a working day.

13.3. Your authorized email is the email that you entered during the registration at the Platform. The authorized email of the Company is available on the Platform.

13.4. All communications and documents to be made or given pursuant to this Agreement must be in the English language.

13.5. Until one Party advises the other one of the fact of the breach of security in respect of its authorized email, all actions and documents done and sent from the authorized email of one of the Parties, even if these actions and documents have been done and sent by third parties, are considered to be done and sent by the owner of the authorized email. In that case the owner of the authorized email acquires all rights and incurs all obligations, as well as bears the liability arising out of these facts.

13.6. These terms and conditions constitute the entire agreement and understanding of the Parties and supersedes any previous agreement between the Parties relating to the subject matter of these terms and conditions.

13.7. If at any time any one or more of the provisions of these terms and conditions is or becomes illegal, invalid or unenforceable in any respect under any law of any jurisdiction neither the legality, validity or enforceability of the remaining provisions of these terms and conditions nor the legality, validity or enforceability of such provision under the law of any other jurisdiction shall be in any way affected or impaired as a result.

13.8. Headings are inserted for the convenience of the parties only and are not to be considered when interpreting this Agreement. Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa.
If you have any questions about PA Services or about this Terms and Conditions, please contact us in writing at Emoji Games GmbH ATTN: Pocket Arena Service, Hirschengraben 31, 6003, Luzern, Switzerland or email to service@pocketarena.com