BandZaï

Terms of use

BandZai – GameGame and Site Terms and Conditions

These terms govern your access to, use of and interaction with BandZai in your capacity as a user, including any content, functionality, and services offered on or through BandZai. Please read these terms carefully before you start using or playing with BandZai. During your registration, you will be required to accept and to agree to be bound by.

1 - Scope

BandZai accessible at (https://play.bandzai.games) ("The Game") is a PlayAndEarn 100% strategy Game based on blockchain and crypto-asset technologies. The main objective of this Game is to offer a fun and pleasant game to players.
For reaching the Game goals, users must perform some activities during a total of 9 rounds, including, but not limited to: fight their pairs with various characteristics, win Game cards called “Zai(s)”, advance them to the rank of king, win daily and weekly challenges, coach cards, raise alchemy skills, collect the rarest cards and exchange, sell or delegate them, build centers (training center, nursery or laboratory).
Zais are monsters mastering the elements of nature: water, fire, metal, air and stone. Users are required to confront opponents with Zais to gain experience and level up. 
Bzai token is the center of BandZai Game economy. By playing BandZai daily, the User will unlock bonuses. Bzais will allow you to buy Zais and to invest on centers. Users are entitled to both regular rewards (win rewards and daily and weekly challenges rewards) and exceptional rewards, all of those paid in Bzais or in Non-Fungible Tokens (NFT’s) – potions, eggs, tickets.
Structure
BandZai is designed to operate on a fully decentralized basis, thanks to its smart contracts. The aim is to build a structure capable of remaining active even if the founding team becomes unavailable. However, during launch and until the game reaches a comfortable level of maturity, the game will be directed and managed by M00NADEPTS, LDA. (the "Company"). We will update these terms and conditions in the event of any change of control regarding the management of the Game and will notify you accordingly.
BandZai will be governed exclusively by the Company. The application of the rules set out in these terms and conditions or any other legal requirements will be carried out by the Company in accordance with these terms and conditions.
For further instructions on how BandZai Game work, please check our BandZai instructions guide here.

2 - Definitions

BandZai: The trademark and name associated to the BandZai Game.
BZAI(s): The token which is the center of the Game economy
Company: Refers to M00nadepts, Lda.
Digital Assets: All the digital assets that can be created and/or traded in the Game, including, without limitation, cards, nurseries, training centers, laboratories, potions,tickets, which are usually minted and traded as NFT’s.
Members: The Users
Game: The BandZai Game
Site: bandzaigame.com
User(s): Natural living persons that register in the BandZai Game and which plays and interacts in the BandZai .
User(s) Content: As defined in Section 7
Zai(s): The main characters of the Game

3 - Registration requirements

To become a BandZai user, you must:
- Be a living natural person;
- Have more than 18 years (or more, if the legal age of majority in your jurisdiction is higher);
- Have full legal capacity to subscribe these terms;
- Have an active crypto wallet;
- Warrant that all fund or assets used by you have been lawfully obtained in compliance with applicable laws;
- Represent and warrant that you are legally permitted to play and earn with the Game in your jurisdiction, including owning cryptographic tokens;
- Be familiarized with gaming and with crypto activities, and with the risk implied when using these systems (including, but not limited to, assets de-valuation risk and cybersecurity incidents);
- Provide all information required from you in an accurate and truthful manner.

Access to the Game is provided via third party private key manager selected by you (e.g. a Web3 provider, MetaMask, a USB interface for a Ledger Wallet, or other). You and the third party private key manager you select to administer your private key are entirely responsible for security related issues, and all information provided by you to such third-party provider is fully controlled by you or the third-party provider. The Company bears no responsibility for any breach of security or unauthorized access to your account.

You are solely responsible for all activities conducted through your account whether or not you authorize a certain activity. In case of fraud, illegality or other breaching conduct performed by your wallet, if discovered or reported by any member, BandZai may suspend or permanently cancel your account (or accounts) as described in section 11 below.

4 - Transactions

In BandZai, everything is a Non-Fungible Token (NFT): the cards of your characters, training centers, nurseries, laboratories, potions, eggs, etc. Thus, every item you own can be exchanged, sold, given or in any other way transferred. The Company and BandZai have no control over your items, and you are the full owner of such assets.
Transactions that take place in the Game are confirmed and managed via Immutable zkEVM network and blockchain. The Company will have no insight into or control over these payments or transactions, nor does it have the ability to cancel or reverse these transactions. As such, the Company will not assume any liability before your or any third party for any claims or damages that result from any transaction.

You may find the prices and/or relevant criteria for price fixation in : https://bandzai.gitbook.io/bandzai-rules/economics/initial-prices-setted

Users accept and agree on the transactions fees as follows:
- Gas Fee = which amount will depend on the network activity, and is exclusively defined by the Immutable zkEVM blockchain, paid in IMX token;
- NFT purchase = Eggs, Zai cards, Potions, Centers… which will vary and may be updated by BandZai from time to time, paid in BZAI;

NFTs may be obtained by the User in one of the following ways:
- Private sale (the only sale between the company and users)
- Game performance (and user may win NFT’s)
- Users’ transactions (the Users may trade NFT’s)

When NFTs are purchased in the Game (i.e. between players) the following applies:
- 80 % burn fees when NFTs are bought in the Game, remaining 20% are added to reward pools.
- 20% burn and pool fees when service or NFT are sold by a center owner (nurseries, training center, laboratories), 80% for the center owner.

Fees will be deducted from user wallet when confirming the transaction.
You are solely responsible for determining what, if any, taxes apply to your transactions or to your assets, and to pay such taxes accordingly. Due to decentralized system and the fact that blockchain based systems are still highly unregulated worldwide, the Company cannot and is not responsible for determining the taxes that apply to your transactions, nor to charge them or to act as a withholding tax agent.

BandZai tokenization: all transactions in BandZai are executed with BZAIS.

5 - Use of crypto assets

You acknowledge and agree that crypto assets are in general highly volatile due to many factors including but not limited to popularity, adoption, speculation, regulation, technology and security risks. You also acknowledge and agree that the cost of transacting on such technologies is variable and may increase at any time causing impact to any activities taking place on the Immutable zkEVM blockchain. Neither the Company or the members invite or make any offer to acquire, purchase, sell, transfer or otherwise deal in any crypto asset. You acknowledge and agree these risks and represent that BandZai (The Game), the Company and the members cannot be held liable for changes and fluctuations in value or increased costs.
There are risks associated with using an Internet-based currency, including, but not limited to, the risk of hardware, software and Internet connections failure or problems, 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 the Company will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the Immutable zkEVM network or any sidechain or similar device for processing transactions, however caused.

6 - Intellectual Property (“IP”) of the Site and the Game

All title, ownership and Intellectual Property Rights in and to the Site and the Game tools (excluding the Users Content) are owned exclusively by the Company . BandZai holds these Intellectual Property Rights for the benefit of the BandZai community as a whole. You acknowledge and agree that the Site and the Game contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You agree not to copy, modify, rent, lease, loan, sell, distribute, perform, display or create derivative works based on the site or the Game, in whole or in part. The Company ’s exclusive ownership shall include all elements of the Site and of the Game which are not Users Content, and all Intellectual Property Rights therein. The visual interfaces, graphics (including, without limitation, all art and drawings associated with the Game), design, systems, methods, information, computer code, software, "look and feel", organization, compilation of the content, code, data, and all other elements of the Site and the Game (but excluding the Content submitted by Users) (collectively, the "BandZai Materials") are owned by the Company, and are protected by copyright, trade dress, patent, and trademark laws, international conventions, other relevant intellectual property and proprietary rights, and applicable laws. 
The Company grants all users a restricted, revocable, free and worldwide license to use such BandZai Content exclusively for the purpose of playing the Game. Such license also grants to the user the right to create and mint any digital asset that is created in accordance and for the interest of the Game. When using any BandZai ’s Content, you must follow the rules set forth in BandZai Brand Policy.

All the BandZai Materials are the copyrighted property of the Company, and all trademarks, logos, service marks, and trade names contained in the BandZai Materials are proprietary to the Company . Except as expressly set forth herein, your use of the Site and of the Game does not grant you ownership of or any other rights with respect to any content, code, data, or other materials that you may access on or through the Site and the Game.

For the sake of clarity, you understand and agree: (i) that any "purchase" of Digital Assets, whether via the Game or otherwise, does not give you any rights or licenses in or to the BandZai Materials other than those expressly contained in these Terms or additional terms previously agreed by you and the BandZai ; and (ii) that you do not have the right to commercialize any elements of the BandZai Materials except if within the Game and other BandZai ’s activities.

7 - User’s Content and reviews

All title, ownership and Intellectual Property Rights over User’s Content, belong to the creator of such content. Transactions for the sale of User’s Content through the Marketplace will convey said title, ownership and Intellectual Property Rights to the purchaser, excluding any BandZai Content that could be related to such Users Content. Company does not have any Intellectual Property Rights over any Users Content.
You may choose to submit comments, bug reports, ideas or other feedback about the Site or the Game, including without limitation about how to improve the Game (collectively, "Feedback"). By submitting any Feedback, you agree that the Company is free to use such Feedback at the Company’s discretion and without additional compensation to you, and to disclose such Feedback to third parties (whether on a non-confidential basis, or otherwise), including the . You hereby grant the Company with a perpetual, irrevocable, nonexclusive, worldwide license under all rights necessary for the Company to incorporate and use your Feedback for any purpose.

8 - Third party links

The Site and the Game provide, or third parties may provide, links to other World Wide Web or accessible sites, applications or resources. Because the Company has no control over such sites, applications and resources, you acknowledge and agree that the Company is not responsible for the availability of such external sites, applications or resources, and do not endorse and are not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that the Company shall 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 such content, goods or services available on or through any such site or resource.

9 - Restrictions

It is important to BandZai ’s sustainability and efficiency that you play the Game safely, and in accordance with these terms and the law, for the enjoyment of all users. You agree that you will not use BandZai to:
- Decompile, disassemble, reverse engineer, copy, transfer, or otherwise use the Game;
- Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and our Privacy Policy;
- Transmit any material or content that is pornographic, threatening, harassing, libelous, hate-oriented, harmful, defamatory, racist, xenophobic, or illegal;
- Transmit any material or content that is inappropriate for families or otherwise suitable only for adults;
- Transmit any material or content that attempts to falsely state or otherwise misrepresent your identity or affiliation with a person or entity;
- Transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- Transmit material or content that promotes, provides, or relates to instructional information about illegal activities or promotes physical harm or injury against any individual or group;
- Transmit or encourage the transmission of any material that may infringe the intellectual property rights or other rights of third parties, including trademark, copyright, patent, or right of publicity, or which otherwise constitutes or promotes counterfeit materials or goods;
- Use the services in a manner that (a) is likely to interrupt, suspend, slow down or hinder the continuity of BandZai , (b) constitutes an intrusion or attempt to harm the BandZai or its networking systems, (c) will divert of the BandZai system resources, (d) may place a disproportionate load on the infrastructure of the BandZai , and (e) constitutes an attack on security and authentication measures of the BandZai or its computer or networking systems;
- Intrude into a third party’s computer system, engage in any activity that may damage, control, interfere with or intercept all or part of a third party’s computer system and violate its integrity or security, or otherwise transmit any materials or content that is harmful for third party information systems (including but not limited to viruses, worms, Trojans); and/or
- Otherwise use the BandZai for purposes other than those for which they were designed.

10 - Cancelling your account

You have the right to terminate your account at any time simply by disconnecting your wallet from the game, or by removing your access to immutable's Passport.
Bear in mind that any action linked to your wallet address will remain accessible in the blockchain.
The Company may also suspend or cancel your access if you fail to comply with any of the provisions set in these terms. The Company will procure to notify you in advance if that occurs.

11 - Disclaimer

You acknowledge and agree that your registration, access, play and transaction within BandZai are at your own risk. BandZai is provided “as is”, without warranties of any kind, either express or implied, including, without limitation, implied warranties of rewarding, merchantability, valuation, fitness for a particular purpose or reaching certain expectations.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITE AND GAME. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE SITE AND GAME MAY NOT BE SECURE AND MAY BE INTERCEPTED OR LATER ACQUIRED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE AND GAME IS AT YOUR OWN RISK. YOU ACKNOWLEDGE AND AGREE THAT THE TOOLS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. RECOGNIZING SUCH, YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER THE COMPANY , NOR THE COMPANY OR MEMBERS WILL BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR OTHER DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER TANGIBLE OR INTANGIBLE LOSSES OR ANY OTHER DAMAGES BASED ON CONTRACT, TORT, STRICT LIABILITY, INFRINGEMENT OF INTELLECTUAL PROPERTY OR THEFT OR MISAPPROPRIATION OF PROPERTY OR ANY OTHER THEORY (EVEN IF THE COMPANY HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE SITE OR GAME; THE USE OR THE INABILITY TO USE THE SITE OR GAME; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; STATEMENTS, CONTENT OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR TOOLS; ANY ACTIONS THE COMPANY TAKES OR FAILS TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND; HUMAN AND MACHINE ERRORS; TECHNICAL MALFUNCTIONS; OMISSIONS, INTERRUPTIONS, LATENCY, DELETIONS OR DEFECTS OF ANY DEVICE OR NETWORK, PROVIDERS, OR SOFTWARE (INCLUDING, BUT NOT LIMITED TO, THOSE THAT DO NOT PERMIT PARTICIPATION IN THE TOOLS); ANY INJURY OR DAMAGE TO COMPUTER EQUIPMENT; INABILITY TO FULLY ACCESS THE SITE OR TOOLS OR ANY OTHER WEBSITE; THEFT, TAMPERING, DESTRUCTION, OR UNAUTHORIZED ACCESS TO, IMAGES OR OTHER CONTENT OF ANY KIND; DATA THAT IS PROCESSED LATE OR INCORRECTLY OR IS INCOMPLETE OR LOST; TYPOGRAPHICAL, PRINTING OR OTHER ERRORS, OR ANY COMBINATION THEREOF; OR ANY OTHER MATTER RELATING TO THE SITE OR TOOLS.

12 - Limitation of Liability
To the maximum extent permitted by applicable law, in no event and under no legal theory, whether in tort (including negligence), contract, or otherwise, unless required by applicable law (such as deliberate and grossly negligent acts) or agreed to in writing, shall the Company be liable before you for damages, including any direct, indirect, special, incidental, or consequential damages of any character arising as a result of the launching, promotion or in any way making the Game available (including but not limited to damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses) .

13 - Entire Agreement

These Terms (and any additional terms, rules and conditions of participation that the Company may post on the Site or on the Game) constitute the entire agreement between you and the Company with respect to the Game and supersedes any prior agreements, oral or written, between you and the Company. In the event of a conflict between these Terms and the additional terms, rules and conditions of participation, the latter will prevail over the Terms to the extent of the conflict. These Terms do not and are not intended to confer any rights or remedies upon anyone other than the members and the Company.

14 - Waiver and Severability of Terms

The failure of the Company to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.

15 - Change in this Terms and Conditions

The Company may change this terms and conditions. The Company will give its members a reasonable notice of the changes.

16 - Distance Contracts and Smart Contracts

The distance contract for the sale of goods or services between the Company and a member will be evidenced through a smart contract which will be all times accessible for both the Company and the User. If any of the transactions executed in BandZai are in any way qualified as at distance contracts (e.g. the private launch), the User acknowledges and accepts that once any item of the Game is delivered to the User, the contract is performed in full, and therefore the user forfeits his/her right of withdrawal. 
For the avoidance of doubt, the Company hereby excludes any responsibility over the management of the assets (tokens, NFTs) deposited by the User in the smart contracts referred to in paragraph above.
For the purpose of the preceding paragraph, the Company shall not exercise, at any time, any form of control over such assets (tokens, NFTs) once the smart contracts have been deployed.

17 - Game Applicable law and jurisdiction

Any use of blockchain aims to be decentralized. This means that in most cases it will be very difficult for the Company to control where their members are located. However, if any conflict arise that requires the intervention of an arbitrator or of a court, and to the maximum extent permitted by applicable law, the members or the injured third party will submit such conflict to the courts of your residence, which shall assess the case in accordance with the laws of your country of residence.

18 - Online Dispute Resolution
If the member resides in the EEA (the 27 EU member states, Iceland, Lichtenstein and Norway), then the member can access the European Commission´s online dispute resolution platform at https://ec.europa.eu/consumers/odr. The Company is not committed nor obligated to use an alternative dispute resolution entity to resolve disputes with the members. If the member is not residing in the EEA, these terms, any contracts formed in accordance with them, and any disputes will be governed by and determined according to the laws of Portugal.

BandZai CryptoGame

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Terms of use