This Agreement ("Terms") constitutes a legally binding agreement between you, the user of the Services, and Player Owned Gaming Inc. ("Pog Digital Game Developers" or "Company" or "us" or "we"), a Delaware limited liability company. By using any of the Services, including owning any Pog or Pogger Coin, you acknowledge that you have read and agree to be bound by the terms of this Agreement. Throughout this Agreement, "Parties" collectively refers to Pog Digital and each Purchaser or Player, and individually as a "Party".
The Services, including our smart contracts, games, products, content, website, social media accounts, and other domains or websites operated by us, are provided "as is" and "as available" without any warranties of any kind. We reserve the right to modify or discontinue the Services (or any part thereof) with or without notice and for any reason, in our sole discretion. By using the Services, you acknowledge and agree to assume full responsibility for any and all transactions involving Pog digital collectibles. Your purchase of any NFTs from us or any other owner does not constitute a financial investment. Rather, you are acquiring a piece of art that exists on a specific blockchain.
PLEASE NOTE THAT BY AGREEING TO THESE TERMS, YOU ARE AGREEING (WITH LIMITED EXCEPTIONS) TO RESOLVE ANY DISPUTES BETWEEN YOU AND US THROUGH BINDING INDIVIDUAL ARBITRATION, RATHER THAN THROUGH THE COURT SYSTEM.
By accessing or utilizing the Website or Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions. The term "Pog" refers to a non-fungible token (NFT) which is a controllable electronic record recorded on a blockchain and linked to an image. The image linked to a particular Pog is referred to as "Pog Art" and consists of elements of art compiled by or referenced by the underlying smart contract. Please note that the Pog Art is solely digital in nature and is not linked to or sold together with any physical items or representations. Additionally, Pog Art is dynamic and can be subject to change by the Company without notice. Parties acknowledge and agree that the Company is not responsible for repairing, supporting, replacing, or maintaining the Website or any other website. These Terms may be revised or updated at any time and without notice. Your continued use of the Services following any such modification constitutes your agreement to be bound by the modified Terms. It is your responsibility to review the Terms regularly for any changes. If you do not agree to any modified Terms, you must immediately stop using the Services. If you have a dispute with us, the version of the Terms in effect at the time the dispute arises will apply to such dispute. By using our Services, you confirm that: (a) You have the legal capacity to enter into a binding contract with us. (b) You are at least 18 years old or the age of majority in your jurisdiction, whichever is older. (c) You are not prohibited by any applicable laws or regulations from using our Services, including but not limited to laws and regulations related to embargoed countries or individuals identified on sanctions lists maintained by relevant governmental authorities.
The Services and all content and materials available through the Services are owned by or licensed to the Company and are protected by applicable intellectual property laws. Except for the limited right to use the Services in accordance with these Terms, nothing in these Terms grants you any ownership or other rights to the Services or any content or materials available through the Services including Website, data, multimedia content, graphic designs, forms, artwork, images, photographs, audio and video components, software, related documentation, and other materials. All rights not expressly granted to you in these Terms are reserved by the Company. (a) Our Services are provided to you on an "as is" and "as available" basis, with no warranty, express or implied. We are not obligated to provide any refund or compensation for any reason, including loss of your Pogs or any other issues related to your use of the Services, without limitation. (b) Upon acquiring a Pog from the Company or a third party marketplace, you shall be granted all personal property rights to the Pog, which includes the freedom to sell, transfer or dispose of the Pog. However, the Pog Art is protected under copyright and other applicable laws. You are granted a limited license to use the Pog Art solely in connection with use of the Services. All intellectual property rights in the Pog Art are reserved by the Company. No one is authorized to reproduce, modify, distribute, or commercialize the Pog Art without our prior written consent. The Company retains ownership of the Pog Game name and other media produced by the Company under copyright law, trademark law, and/or other applicable laws. (c) You hereby represent and warrant that you will not transfer any Pog to a Prohibited Transferee, which is defined as (i) a person or entity 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 (ii) a person or entity listed on any U.S. Government list of prohibited or restricted parties.
Pogs may be available for purchase on third-party platforms such as OpenSea or Magic Eden, which we don’t own, control, nor operate. Access or use of any NFT Marketplace are subject to the terms and conditions of that marketplace and we are not responsible for the accuracy or completion of any transaction on an NFT Marketplace. Read and understand the terms of the NFT Marketplace before making any transactions. All purchases of Pogs made through the Website are subject to the terms and conditions of the applicable blockchain network. We do not have control over or monitoring capabilities for these transactions, and we cannot reverse any transaction once it is completed. We shall not be held liable for any claims or damages arising from any transactions that you initiate or conduct via any blockchain network. Each transaction made through certain blockchain networks may require the payment of a transaction fee, known as a “Gas Fee,” which is used to fund the network of nodes that run the network. You will be solely responsible for paying the Gas Fee for each transaction. All secondary transactions of any Pog are subject to the following terms: (a) The Recipient acknowledges and agrees that all intellectual property rights associated with the Pog, including but not limited to the Pog Art, shall remain the property of the Company. By purchasing, accepting, accessing, or otherwise using the Pog or Pog Art, the Recipient accepts all of the terms of this Agreement as a "Purchaser" hereof. (b) The Sender must provide notice to the Recipient of this Agreement, including a link or other method by which the terms of this Agreement can be accessible by the Recipient. The Recipient acknowledges and agrees that they are bound by the terms of this Agreement upon the purchase, acceptance, access, or other use of the Pog or Pog Art. (c) All secondary transactions of the Pog will be effected on the blockchain network governing the Pog, and the Recipient will be required to make or receive payments exclusively through their cryptocurrency wallet. The Company shall have no liability to the Recipient nor any third party for any claims or damages that may arise as a result of any transactions conducted by the Recipient via the blockchain network nor service provider. You also acknowledge and agree that the Company is entitled to receive a royalty on every secondary sale of a Pog ("Royalty"). The Royalty percentage is specified in the Company's policies and may vary from time to time. By purchasing a Pog, you agree to pay the Royalty to the Company on any secondary sale of the Pog. To fulfill your obligation to pay the Royalty, you may either (i) use a third-party NFT marketplace that automatically pays the Royalty to the Company, provided such marketplace is approved by the Company; or (ii) send the Royalty to the Company's designated blockchain wallet address. 3yxq4WqKyZoXDXmkHLK7EjKwPYUpoEoHSdHVQCJsfi7G (Solana) and 0x3Ce7D5657012Aee30663546Ebcb232bE875745BD (Ethereum). Additional addresses will be provided. You acknowledge that the Company has the right to collect Royalties on Pog sales indefinitely and may use those funds in any way it sees fit. By purchasing a Pog, you agree to these terms and conditions.
The Pog Game is a skill-based competition in which the abilities of Purchasers and Players determine the outcome of the game. The Company does not consider the Pog Game to be gambling, and it is generally permitted in most jurisdictions. However, some jurisdictions may have laws or regulations that 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. By participating in the Pog Game, you agree to be bound by these Terms and any separate rules published by the Company in connection with the game. The Company may also run sweepstakes or contests on the Website, which may be open to some or all Purchasers. Participation in any sweepstakes or contest will be governed by these Terms and any separate rules published by the Company. No additional purchase will be necessary for a Purchaser to participate in any sweepstakes or contest. However, the Company may require Purchasers to provide certain information or take certain actions to participate in a sweepstakes or contest. Any sweepstakes or contest offered by the Company is subject to the Company's sole discretion, and the Company may modify, suspend, or cancel any sweepstakes or contest at any time and for any reason. By using the Website or participating in any sweepstakes or contest, you represent and warrant that you are legally able to do so in the jurisdiction in which you are located.
The Services may allow you to upload, transmit, create, or generate data, information, or other content ("User Content"). By uploading, transmitting, creating, or generating User Content on or through the Services, you represent and warrant that: (a) It is free of malicious code; (b) It is accurate; (c) It does not violate any applicable laws or regulations; (d) It does not contain any confidential information; (e) It does not infringe upon or violate any intellectual property rights, privacy rights, or other rights of any third party, and that you have obtained all necessary consents and permissions to use and share the User Content in connection with the Services. You retain all ownership rights in your User Content, but by uploading, transmitting, creating, or generating User Content on or through the Services, you grant us a perpetual, 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. 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, but not the obligation, to monitor, review, and remove any User Content that violates these Terms, or that we determine in our sole discretion to be objectionable or inappropriate. 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. You acknowledge and agree that 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. You are solely responsible for your User Content and any consequences that arise from posting, publishing, or transmitting it.
In order to provide our Services, we may collect and use limited information from you, including your blockchain wallet address, completed transaction hashes, and token identifiers. However, we do not collect any personal information from you. We may collect publicly available information that you post on social media platforms such as Twitter or Discord, including usernames and email addresses. We also use third-party services such as Google Analytics, which may receive your publicly available personal information. Please note that any information you make public on the selected blockchain by taking actions through our front-end interface is your responsibility. We may disclose information we collect regarding any Purchaser to any governmental agency that requests it or pursuant to any legal process compelling such disclosure. If you have any questions or concerns about your privacy, please contact us at firstname.lastname@example.org
Pogs and Pog Art are provided on an "as is'' basis and without warranty. While using the Pogs, the Purchaser assumes all associated risks. We make no warranty that the Pogs will be available without interruption, securely, or free of errors. The Purchaser acknowledges and agrees that the Pogs and Pog Art are intangible digital assets that exist only on the ownership record maintained within the relevant blockchain network, which we do not control. We do not guarantee the transfer of title or right in any Pog or Pog Art, and the Purchaser bears full responsibility for verifying the identity, legitimacy, and authenticity of assets purchased through any NFT marketplace. We are not responsible for any kind of failure or abnormal behavior of software, blockchains, or any other features of the Pogs or Pog Art. We are not responsible for reports of any issues with the blockchain supporting the Pogs or Pog Art, including forks, technical node issues, or any other issues that result in fund losses. Purchasers should note that the exclusion of implied warranties in contracts with consumers may not apply in some jurisdictions. We are not responsible for unauthorized access to any of our social media accounts, which results in a Purchaser's losses.
By using the Pogs and Pog Art, you acknowledge and accept all risks associated with the following: (a) Taxes: You are solely responsible for determining what taxes apply to your purchase, sale, or transfer of the Pogs and Pog Art. The Company is not responsible for determining or paying any taxes that apply to such transactions. This means that Sales Taxes become your sole responsibility. (b) Transactions: 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 Pogs and Pog Art may be irreversible, and accordingly, losses due to fraudulent or accidental transactions may not be recoverable. Some transactions of the Pogs and Pog Art shall be deemed to be made when recorded on a public blockchain ledger, which is not necessarily the date or time that you initiated the transaction. (c) Regarding Gameplay, if disconnection occurs during an ongoing Pog Game, all Players will have the opportunity to complete their turn and finish the round of the match in which the disconnection happens. At that point, assets will be accounted for, and all flipped Pogs will be allocated to the Player responsible for their flip. All unflipped Pogs will be returned to the originating Players. Each Player acknowledges and agrees that the Company will not be held responsible for any disconnection or resulting loss of Pogs. As a Player, you accept full responsibility for their internet connection and accept all resulting allocations of Game Pieces and assets based on the Game results and subsequent blockchain transaction. No blockchain transactions are reversible. By playing any Pog Game, you accept these terms and responsibility. (d) Internet-based Digital Asset: 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 Company will not be responsible for any communication failures, disruptions, errors, distortions, or delays that you may experience when effecting Pog transactions, however caused. (e) Developing Laws and Regulations: Digital assets, including blockchain-based assets such as the Pogs and Pog Art, are subject to developing laws and regulations throughout the world. If we do not enforce our rights under these Terms, that does not waive our right to do so later. Any express waiver by us of any provision, condition, or requirement of these Terms will not constitute a waiver of any future obligation to comply with such provision, condition, or requirement. All waivers by us must be in writing to be effective. You agree to indemnify, defend, and hold harmless the Company, its affiliates, licensors, and their respective employees and agents (collectively, the "Indemnified Parties'') from and against any and all claims, damages, losses, liabilities, costs, and expenses, including reasonable attorneys' fees and expenses, arising out of or related to any breach of this Agreement by you or any third party using your account, including without limitation any claim, suit, action, demand, or proceeding made or brought by a third party arising out of or in connection with your use of the Pogs or Pog Art. The Indemnified Parties reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will cooperate in asserting any available defenses.
(a) To the extent permitted by law, the Company, its affiliates, and their respective employees and agents will not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or in connection with the use of the Pog platform or any related services, regardless of the legal theory under which such damages are sought, and even if we have been advised of the possibility of such damages. (b) To the extent permitted by law, in no event will our total liability arising out of or in connection with these terms or the use of the Pog platform exceed the greater of (i) the amount you paid us for the use of the Pog platform, or (ii) $300. (c) The limitations of liability set forth in this section shall apply even if any limited remedy set forth in these terms is found to have failed its essential purpose. (d) Nothing in these terms shall limit or exclude liability for any matter for which it would be illegal or unlawful to limit or exclude liability. (e) Purchaser acknowledges and agrees that the limitations of liability set forth in this section are essential to this agreement. The parties agree that any dispute, claim or controversy arising out of or related to this Agreement, the Pogs or any transaction between the parties shall be resolved exclusively through binding arbitration. The arbitrator’s decision will be final and binding, and limited rights of appeal exist. The arbitrator may award the same damages and relief on an individual basis that a court can award to an individual. But any relief must be individualized to you and shall not affect any other purchaser. The parties agree that any arbitration will be conducted on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, the parties waive any right to a jury trial. The parties agree that any claim or dispute will be resolved solely by arbitration and will not be joined or consolidated with any other arbitration or other proceeding. The American Arbitration Association (AAA) will conduct any arbitration under its Consumer Arbitration Rules. The parties agree to these rules. The parties will share the cost of the arbitration equally. If you cannot afford to pay your share of the costs, we will pay for your share of the arbitration fees, but in no event will we pay for your attorney's fees. Each party will bear the cost of their own attorneys' fees incurred in connection with the arbitration. The arbitration will take place in the United States county where you live or work or any other location we mutually agree to. Notwithstanding the parties' agreement to resolve all disputes through arbitration, the following disputes may be resolved in a court of competent jurisdiction: (i) any claim related to actual or threatened infringement or misappropriation of our intellectual property rights, (ii) any claim seeking injunctive or other equitable relief. If any portion of this Agreement is found to be unenforceable or illegal, such portion shall be severed from this Agreement and the remainder of the Agreement shall continue in full force and effect. The failure of the Company to enforce any right or provision of this Agreement will not be deemed a waiver of such right or provision. This arbitration provision shall survive termination of this Agreement. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org.
Users may earn a utility token called Pogger Coin through various in-game actions, and may also receive Pogger Coin through actively staking their Founding Pogs on the Solana blockchain. Pogger Coin, on any blockchain, is solely functional within the Pog Gaming ecosystem and has no other purpose. We reserve the right to increase the supply of Pogger Coin at any time.
This Agreement is governed in accordance with the laws of the state of Delaware, without giving effect to any principles of conflicts of law. The parties hereby consent to the exclusive jurisdiction of the state and federal courts located in Delaware for any action arising out of or relating to this Agreement. This Agreement may not be assigned or transferred by the Purchaser without the prior written consent of the Company. We may freely assign or transfer this Agreement without consent. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect. The parties agree that any provisions that, by their nature, should survive termination of this Agreement will survive. This Agreement, together with any additional terms to which the Purchaser agrees when using particular elements of the Pog Game, constitutes the entire agreement between the parties and supersedes all prior or contemporaneous communications and proposals, whether oral, written or electronic, between the parties with respect to the Pog Game. Any rights not expressly granted herein are reserved. All parties acknowledge that they have had the opportunity to seek independent legal counsel before agreeing to this Agreement. If any provision of this Agreement is deemed wholly or partly invalid or unenforceable, the court or other government body may amend the provision(s) to the minimum extent necessary to make them valid and enforceable in accordance with the Company’s intent as expressed in this Agreement. Any claim or cause of action related to the use of the Services must be filed within one (1) year after the claim or cause of action arises, or it will be barred forever, regardless of any contrary statute or law. The headings of the sections in this Agreement are for convenience and do not affect the interpretation of the Agreement. The words "include," "includes," "including," and "such as" are deemed to be followed by the words "without limitation." The Company is not liable for any delay or failure to perform resulting from events beyond its control, such as acts of God, war, terrorism, riots, embargoes, civil or military authorities, fire, floods, accidents, pandemics, strikes, shortages of transportation facilities, fuel, energy, labor, or materials.