VIP Terms of Service
PLEASE READ THE TERMS OF THIS POLICY CAREFULLY BEFORE ENGAGING WITH THE VIP CHEAT CODES PRODUCT.
We are Stakester Limited (Stakester, we, us or our), a company incorporated in England with company registration number 11876982 and whose registered office address is Kemp House, 160 City Road, London, United Kingdom, EC1V 2NX. These Terms shall apply to any purchase and use of Stakester VIP Cheat Codes (Stakester VIP).
This VIP Cheat Code – Terms of Service (Terms) sets out the standards and rules that apply when you interact in any way with Stakester’s NFT program, including, but not limited to minting, purchasing, fusing, and selling any NFT offered on or through the Stakester NFT website (collectively the Services) or any NFT marketplace.
STAKESTER IS NOT ENDORSED, SANCTIONED OR IN ANY OTHER WAY ASSOCIATED, DIRECTLY OR INDIRECTLY, WITH ANY GAME PUBLISHER, ITS GAMES, GAMES SERIES OR ITS GROUP COMPANIES.
PURCHASING STAKESTER NFT
- A Stakester NFT may be purchased as advertised on the App or the Site. All purchases of a Stakester NFT must be made in full and are non-refundable.
- The Stakester NFT originates on and is minted on the Stakester NFT website under which these Terms you must operate under.
- There are two types of Stakester NFT:
a. a NFT which allows certain special features and access to the App as advertised (VIP NFT);
b. a NFT which provides all benefits of the VIP NFT, further enhanced special features and access to the App as advertised, and Royalty Share as defined below (Legendary/Genesis NFT).
- Where applicable, Stakester will provide all benefits listed under the VIP NFT and Legendary NFT subject to normal operating circumstances and your adherence to these Terms.
- As a VIP NFT holder you can purchase on the primary or secondary market the same VIP code that can be fused into a Legendary NFT, giving you access to all the additional benefits these holders have, as specified above. Where this is agreed between you and Stakester you will become an owner of a Legendary NFT and all versions of the previous VIP NFTs will be removed and cease to exist.
- Both the VIP NFT and Legendary NFT may be sold to third parties by way of secondary market (Secondary). On a Secondary sale Stakester will receive Royalty Share (Royalty Share) from the sale as agreed between Stakester and the Platform.
- Stakester NFTs are not intended nor designed to constitute securities in any jurisdiction. Should they be designated as such in any jurisdiction, Stakester reserves the right to cease the Royalty Share agreement without notice and shall not be liable to the Legendary NFT owner or any third party for sums claimed as due under this agreement.
PRICES, NETWORK FEES & TAXES
- By buying a Stakester NFT, you agree to pay to us all applicable fees, costs and royalties and authorise us to automatically deduct these amounts directly from your payment. Each payment of transaction fees is final and cannot be subject to any refund, without regard to any event that may negatively affect the underlying transaction.
- All purchases are done on the Ethereum blockchain network.Ethereum requires the payment of a transaction fee (Gas Fee) for every transaction that occurs on the Ethereum network.
- You will be solely responsible to pay the Gas Fee. You agree to hold Stakester harmless for any losses you may incur as a consequence of minting or buying your Stakester NFT. These potential losses include any Gas Fees for failed transactions, any excessive Gas Fees charged due to website or smart contract bugs, and any loss of your Stakester NFT due to website or smart contract bugs.
- Secondary sales are done on third party platforms (Platform) under which terms and conditions you must operate. Stakester has no control over these payments or transactions, nor do we have the ability to reverse any payments or transactions.
- For Secondary sales of Legendary NFTs only all such Royalty Share in one financial quarter shall be recorded by Stakester as a collective total (Revenue) and set aside for Royalty Share (defined below).
- It is your sole responsibility to pay any taxes deriving from the sale of Stakester’s NFTs. If the Stakester is required to pay any taxes on your behalf, you will remit payment to Stakester within thirty days (30) of notification by Stakester.
- 50% of the Revenue shall be divided equally amongst each of the legal owners of the Legendary/Genesis NFTs and will be payable into Stakester’s crypto app (where applicable) within 30 days from the end of each financial quarter as a crypto payment.
- The Royalty Share Currency (Currency) will be in Ethereum, however, Stakester might change it to any other available currency at the time of the transfer.
- Stakester reserves the right to deduct any fees, such as, but not limited to, Gas Fees from your share before crediting it to your Stakester crypto wallet.
- For avoidance of doubt, Stakester’s crypto-only app will be made available to the community once Stakester mints a minimum of 10,300 NFTs. We can move up or push back the dates at our sole discretion.
- The person(s) entitled to the Royalty Share shall be the legal owner of the Legendary NFT as of the last day of each financial quarter. If the NFT has been sold to a different owner during the course of the quarter, each person will receive their respective Royalty Share based on how many days that person has been its legal owner.
OWNERSHIP AND IP RIGHTS
- STAKESTER IS NOT ENDORSED, SANCTIONED OR IN ANY OTHER WAY ASSOCIATED, DIRECTLY OR INDIRECTLY, WITH ANY GAME PUBLISHER, ITS GAMES, GAMES SERIES OR ITS GROUP COMPANIES.
- Each Stakester NFT is associated with an NFT on the Ethereum network. When you acquire a Stakester NFT, you own the NFT, not the associated Art or any Third Party IP (as hereinafter defined). This means that you have the right to trade or swap your Stakester NFT, sell it, fuse it, or give it away. Except in cases where we determine that the Stakester NFT has not been rightfully acquired and/or not from a legitimate source, at no point will we seize, freeze, or otherwise modify the ownership of any Stakester NFT.
- “Third Party IP” means any third-party patent rights, copyrights, trade secrets, trademarks, know-how or any other intellectual property rights recognized in any country or jurisdiction in the world.
- Subject to your continued compliance with these Terms, we grant you a limited, worldwide, non-exclusive, non-transferable licence to use, copy, and display the Art for your Purchased Stakester NFT for the purpose of commercialising your own merchandise that includes, contains, or consists of the Art for your Stakester NFT (Commercial Use), provided that such Commercial Use does not:
a. suggest a commercial link with any of our brands (including Stakester),
b. suggest a commercial link with a third party without prior written consent,
c. use other of our IP without our prior written consent,
d. complies with our guidelines which can be found here and may be amended by us from time to time, or
e. result in you earning more than USD 100,000 in gross revenue each year.
THE FOLLOWING DISCLAIMERS MUST BE READ BY, UNDERSTOOD, AND AGREED BY YOU PRIOR TO PURCHASING ANY STAKESTER NFT.
DISCLAIMER OF LIABILITY
To the maximum extent permitted by the applicable laws, regulations, and rules, Stakester shall not be liable for any indirect, special, incidental, consequential, or other losses of any kind, in tort, contract, or otherwise (including but not limited to loss of revenue, income or profits, and loss of use or data), arising out of or in connection with any acceptance of or reliance on any White Paper or representation on our Site or any part thereof by you.
NO REPRESENTATIONS OR WARRANTIES
- Stakester does not make or purport to make, and hereby disclaims, any representation, warranty, or undertaking in any form whatsoever to any entity or person, including any representation, warranty, or undertaking in relation to the truth, accuracy, and completeness of any of the information set out in any White Paper or on our Site;
- By accessing and/or accepting possession of any information in this Terms or such part thereof (as the case may be), you represent and warrant to Stakester as follows:
a. You agree and acknowledge that Stakester NFTs do not constitute securities in any form in any jurisdiction;
b. You agree and acknowledge that any White Paper or representations on our Site does not constitute a prospectus or offer document of any sort and is not intended to constitute an offer of securities in any jurisdiction or a solicitation for investment in securities and you are not bound to enter into any contract or binding legal commitment and no cryptocurrency or other form of payment is to be accepted on the basis of any White Paper or representation on our Site;
c. You agree and acknowledge that no regulatory authority has examined or approved of the information set out in any White Paper or our Site , no action has been or will be taken under the laws, regulatory requirements, or rules of any jurisdiction, and the publication, distribution, or dissemination of any White Paper or our Site to you does not imply that the applicable laws, regulatory requirements or rules have been complied with;
d. You agree and acknowledge that the promise and/or completion of any White Paper or representation on our Site, or future trading of the Stakester NFT on any cryptocurrency exchange, shall not be deemed by you to indicate the value of the Stakester NFT (all as referenced in these terms and conditions, any White Paper or our Site);
e. The distribution or dissemination of any White Paper or our Site, any part thereof or any copy thereof, or acceptance of the same by you, is not prohibited or restricted by the applicable laws, regulations, or rules in your jurisdiction, and where any restrictions in relation to possession are applicable, you have observed and complied with all such restrictions at your own expense and without liability to Stakester;
f. You have a basic degree o software systems, cryptocurrency wallets or other related token stof understanding of the operation, functionality, usage, storage, transmission mechanisms, and other material characteristics of cryptocurrencies, blockchain-basedrage mechanisms, blockchain technology, and smart contract technology;
g. You agree and acknowledge that neither Stakester nor the distributor shall be liable for any indirect, special, incidental, consequential, or other damages in tort, contract, or otherwise (including, without limitation, loss of revenue, income or profits, and loss of use or data) arising out of or in connection with your acceptance of or reliance on any White Paper or representation on our Site or any part thereof; and
h. All of the above representations and warranties are true, complete, accurate, and not misleading from the time you obtain and/or accept any White Paper or representation on our Site or part thereof.
CAUTIONARY NOTE ON FORWARD LOOKING STATEMENTS
- All statements contained in any White Paper, on our Site, statements made in press releases, or in any place accessible by the public, and oral statements that may be made by Stakester or their respective directors, executive officers, or employees acting on behalf of Stakester (as the case may be), that are not statements of historical fact, constitute Forward-Looking Statements (Forward-Looking Statements).
- Some of these statements can be identified by Forward-Looking Terms such as “aim”, “target”, “anticipate”, “believe”, “could”, “estimate”, “expect”, “if”, “intend”, “may”, “plan”, “possible”, “probable”, “project”, “should”, “would”, “will” or other similar terms. However, these terms are not the exclusive means of identifying Forward-Looking Statements. All statements regarding Stakester’s financial position, business strategies, plans and prospects, and the future prospects of the industry in which Stakester is in are Forward-Looking Statements.
- These Forward-Looking Statements, including but not limited to statements as to Stakester’s revenue and profitability, prospects, future plans, other expected industry trends, and other matters discussed in any White Paper or our Site regarding Stakester are matters that are not historic facts, but only predictions. THESE FORWARD-LOOKING STATEMENTS INVOLVE KNOWN AND UNKNOWN RISKS, UNCERTAINTIES, AND OTHER FACTORS THAT MAY CAUSE THE ACTUAL FUTURE RESULTS, PERFORMANCE, OR ACHIEVEMENTS OF STAKESTER TO BE MATERIALLY DIFFERENT FROM ANY FUTURE RESULTS, PERFORMANCE, OR ACHIEVEMENTS EXPECTED, EXPRESSED, OR IMPLIED BY SUCH FORWARD-LOOKING STATEMENTS.
- These factors include, amongst others:
a. changes in political, social, economic, and stock or cryptocurrency market conditions, and the regulatory environment in the countries in which Stakester conducts its respective businesses and operations;
b. the risk that Stakester may be unable to execute or implement their respective business strategies and future plans;
c. changes in interest rates and exchange rates of fiat currencies and cryptocurrencies;
d. changes in the anticipated growth strategies and expected internal growth of Stakester;
e. changes in availability and fees paid to distributors in relation to Stakester’s respective business and operations;
f. changes in the availability and salaries of employees who are required by Stakester to operate their respective businesses and operations;
g. changes in preferences of customers of Stakester;
h. changes in competitive conditions under which Stakester operate, and the ability of Stakester to compete under such conditions;
i. changes in the future capital needs of Stakester and the availability of financing and capital to fund such needs;
j. war or acts of international or domestic terrorism;
k. occurrences of catastrophic events, epidemic, pandemic, natural disasters, and acts of God that affect the businesses and/or operations of Stakester;
l. other factors beyond the control of Stakester;
m. any risks and uncertainties associated with Stakester and its business and operations, the Stakester NFT (all referred to in any White Paper or our Site); and
n. changes (addition or removal) to any Token Functionalities at any time. Since the addition of Token Functionalities is not guaranteed, the buyer is aware of the fact that the Stakester NFT may not provide any Token Functionalities at all.
- All Forward-Looking Statements made by or attributable to Stakester are expressly qualified by these factors.
- Given the risks and uncertainties that may cause the actual future results, performance, or achievements of Stakester to be materially different from that expected, expressed, or implied by the Forward-Looking Statements in any White Paper or our Site, undue reliance must not be placed on these statements.
- These Forward-Looking Statements are applicable only as of the date of this White Paper or the date of publication on our Site.
- STAKESTER DOES NOT REPRESENT, WARRANT, AND/OR GUARANTEE THAT STAKESTER’S ACTUAL FUTURE RESULTS, PERFORMANCE, OR ACHIEVEMENTS WILL BE CONSISTENT WITH THOSE DISCUSSED IN THESE FORWARD-LOOKING STATEMENTS. STAKESTER’S ACTUAL RESULTS, PERFORMANCE, OR ACHIEVEMENTS MAY DIFFER MATERIALLY FROM THOSE ANTICIPATED IN THESE FORWARD-LOOKING STATEMENTS. STAKESTER’S ACTUAL RESULTS, PERFORMANCE, OR ACHIEVEMENTS MAY DIFFER MATERIALLY FROM THOSE ANTICIPATED IN THESE FORWARD-LOOKING STATEMENTS.
- Nothing contained in any White Paper or our Site is or may be relied upon as a promise, representation, or undertaking as to the future performance or policies of Stakester.
- Further, Stakester disclaims any responsibility to update any of those Forward-Looking Statements or publicly announce any revisions to those Forward-Looking Statements to reflect future developments, events, or circumstances, even if new information becomes available or other events occur in the future.
MARKET AND INDUSTRY INFORMATION
- Any White Paper and or our Site includes market and industry information and forecasts that have been obtained from internal surveys, reports, and studies, where appropriate, as well as market research, publicly available information, and industry publications. Such surveys, reports, studies, market research, publicly available information, and publications generally state that the information that they contain has been obtained from sources believed to be reliable, but there can be no assurance as to the accuracy or completeness of such included information.
- No person, other than the directors, officers, and employees of Stakester, has consented to the inclusion in any White Paper or our Site of his or her name and/or other relevant information attributed or deemed to be attributed to such person, and no representation, warranty or undertaking is made or claimed to be made by such person as to the accuracy or completeness of such information, and such person is under no obligation to provide any updated information. While Stakester has taken reasonable actions to ensure that the information is extracted accurately and in its proper context, Stakester has not conducted any independent review of the information extracted from third-party sources, verified the accuracy or completeness of such information, or ascertained the underlying economic assumptions relied upon therein.
- During this period, Stakester has not conducted any independent review of information extracted from third-party sources, nor has it verified the accuracy or completeness of such information or determined the underlying economic assumptions relied upon therein. Accordingly, none of Stakester’s directors, officers or employees acting on their behalf make any representations or warranties as to the accuracy or completeness of such information, nor are they obligated to provide any updates to such information.
In order to facilitate a better understanding of the Stakester tokens purchased, and the business and operations of Stakester, certain technical terms and abbreviations are used in any applicable White Paper, our Site and, in some cases, their descriptions. These descriptions and designations should not be taken as definitive in their meaning and may not conform to standard industry meanings or usage.
None of the information in any White Paper or our Site should be construed as commercial, legal, financial, or tax advice in relation to Stakester, the Stakester NFT (each as referred to in any White Paper or our Site). You should consult your legal, financial, tax, or other professional advisers about Stakester and its respective business and operations, the Stakester NFT (as referred to in any White Paper or our Site). You should be aware that you may be required to bear the financial risk of any Stakester tokens for an indefinite period of time.
NO FURTHER INFORMATION OR UPDATE
- No person has been or is authorised to give any information or representation not contained in any White Paper or our Site in connection with Stakester and their respective businesses and operations, the Stakester NFT, and, if given, such information or representation must not be relied upon as having been authorised by or on behalf of Stakester.
- The NFT sale (as referred to in any White Paper or our Site) shall not, under any circumstances, constitute a continuing representation or create any suggestion or implication that there has been no change, or development reasonably likely to involve a material change in the affairs, conditions, and prospects of Stakester or in any statement of fact or information contained in any White Paper or our Site since the date hereof.
RESTRICTIONS ON DISSEMINATION OR DISTRIBUTION
The distribution or dissemination of any White Paper or information on our Site or any part thereof may be prohibited or restricted by the laws, regulatory requirements, and rules of any jurisdiction. In the case where any restriction applies, you are to inform yourself about and to observe, any restrictions which are applicable to your possession of any White Paper or information on our Site or such part thereof (as the case may be) at your own expense and without liability to Stakester.
NO OFFER OF SECURITIES OR REGISTRATION
- This Site or any White Paper does not constitute a prospectus or offer document of any sort and is not intended to constitute an offer of securities or a solicitation for investment in securities in any jurisdiction. No person is bound to enter into any contract or binding legal commitment and no cryptocurrency or other form of payment is to be accepted on the basis of this Site or any White Paper.
- Any agreement in relation to any sale and purchase of the Stakester NFT (as referred to in any White Paper) is to be governed by only these terms and conditions and no other document. In the event of any inconsistency between these terms and conditions and any White Paper, these Terms shall prevail. No such action has been or will be taken by us under the laws, regulatory requirements, or rules of any jurisdiction. The publication, distribution, or dissemination of this white paper does not imply compliance with applicable laws, regulatory requirements, or rules.
RISKS AND UNCERTAINTIES
- YOU UNDERSTAND THERE ARE RISKS ASSOCIATED WITH NFT TRANSACTIONS INCLUDING, BUT NOT LIMITED TO, THE EFFECTS OF VARYING LAWS AND REGULATIONS, THE RISK OF HARDWARE, OPERATING SYSTEM AND INTERNET CONNECTIONS, THE RISK OF VIRUS INTRODUCTION, AND THE RISK THAT THIRD PARTIES MAY OBTAIN UNAUTHORISED ACCESS TO YOUR PERSONAL INFORMATION. BY PURCHASING AND SELLING STAKESTER NFTS YOU ARE ACCEPTING SOLE RESPONSIBILITY FOR ANY AND ALL TRANSACTIONS INVOLVING STAKESTER NFT DIGITAL COLLECTIBLES.
- Prospective purchasers of Stakester NFTs (as referred to in any White Paper or our Site) should carefully consider and evaluate all risks and uncertainties associated with Stakester’s business and operations, the Stakester NFT (each as referred to in any White Paper or our Site), all information set out in any White Paper or our Site and these terms and conditions prior to any purchase of the Stakester NFT.
- If any of such risks and uncertainties develop into actual events, the business, financial condition, results of operations, and prospects of Stakester could be materially and adversely affected. In such cases, you may lose all or part of the value of the Stakester NFT.
- These Terms represent the complete agreement between you and Stakester concerning the purchase and use of the Stakester NFTs and replace all prior agreements and representations, warranties, or understandings between you and Stakester concerning the same subject matter.
- These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by and construed in accordance with the laws of England.
- We reserve the right to make amendments to these Terms (“Amendments“) at any time at our sole discretion by posting such updated documents on our website(s) or by informing the Stakester NFT owner community directly. The Amendments are effective from the date they are published, or the different date as communicated by Stakester. If you do not agree with the Amendments, you may terminate your contractual relationship with Stakester (provided that there are no outstanding obligations on your side to be performed by you to the benefit of the Company or Company’s beneficiaries) but you must stop using any features and do not access the website or use any related services. Your continued use of your Stakester NFT(‘s) after the Amendments have been published shall be deemed to be your acceptance of such Amendments.
- If any provision of these Terms is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and the remaining provisions of these Terms shall remain in full force and not be affected.
- The Company may at any time assign, transfer, charge, or subcontract all or some of its rights or obligations under these Terms without giving notice to you or obtaining your consent.
If you have any questions concerning these Terms, you may contact us at firstname.lastname@example.org.
Last Updated: 27th April 2022