wecan.dev
© 2021
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Contact Us:
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For prisoners:
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Welcome to the terms of use (hereinafter – “Terms”) of Prospectors Project (hereinafter – “Prospectors”, “Game” or “We” and its derivatives). These Terms along with Prospectors’s Privacy Policy govern the relationship between You and Prospectors regarding your use of the Game on our website https://prospectors.io/ (hereinafter – “Game”, “Services”), and affect your obligations and legal rights, including, but not limited to waivers of rights and limitation of liability.
Prospectors.io is a desktop project of Wecan Dev Pte. Ltd., a company duly incorporated in Singapore, that runs on blockchain. All game activity happens within the project’s smart contract, and all the assets, owned by a player, are secured to him in the blockchain.
The term “You” refers to You individually or the legal entity on whose behalf Prospectors Project Services are used, as applicable.
You must agree to these Terms and Prospectors’s Privacy Policy before accessing or using the Game. By accessing the Game you agree that you are age 18 or older. IF YOU ARE UNDER THE AGE OF 18, OR THE LEGAL AGE OF MAJORITY WHERE YOU RESIDE IF THAT JURISDICTION HAS AN OLDER AGE OF MAJORITY, THEN YOU AGREE TO REVIEW THESE TERMS WITH YOUR PARENT OR GUARDIAN TO MAKE SURE THAT BOTH YOU AND YOUR PARENT OR GUARDIAN UNDERSTAND AND AGREE TO THESE TERMS. YOU AGREE TO HAVE YOUR PARENT OR GUARDIAN REVIEW AND ACCEPT THESE TERMS ON YOUR BEHALF. IF YOU ARE A PARENT OR GUARDIAN AGREEING TO THE TERMS FOR THE BENEFIT OF A CHILD UNDER 18, THEN YOU AGREE TO AND ACCEPT FULL RESPONSIBILITY FOR THAT CHILD’S USE OF THE APP, INCLUDING ALL FINANCIAL CHARGES AND LEGAL LIABILITY THAT HE OR SHE MAY INCUR.
Prospectors has the right to make changes to these Terms at any time. If you continue to use the Services it will be deemed as confirmation of your acceptance of the updated terms. In addition to these Terms, you agree to abide by any additional policies of the Games, such as policies related to specific services (including without limitation forums, chats) as well as all other related operating rules or policies, each of which is incorporated by reference where applicable.
Prospectors is using WAX and EOS (hereinafter – “Smart Contracts”) in order to interact with users. Users can buy, sell, manage items and profile via the website https://prospectors.io/ (the Site). All user interaction happens via Smart Contracts that allow users to buy, transfer, sell in-game assets.
PLEASE READ THESE TERMS CAREFULLY BEFORE USING OR ACCESSING THE SERVICES, SMART CONTRACTS. THESE TERMS GOVERN YOUR USE OF THE SERVICES, SMART CONTRACTS UNLESS WE HAVE EXECUTED A SEPARATE WRITTEN AGREEMENT WITH YOU FOR THAT PURPOSE. WE ARE ONLY WILLING TO MAKE THE SERVICE, SMART CONTRACTS AVAILABLE TO YOU IF YOU ACCEPT ALL OF THESE TERMS. BY USING THE SERVICES, SMART CONTRACTS OR ANY PART OF THEM, YOU ARE CONFIRMING THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY ALL OF THESE TERMS. IF YOU ARE ACCEPTING THESE TERMS ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE LEGAL AUTHORITY TO ACCEPT THESE TERMS ON THAT ENTITY’S BEHALF, IN WHICH CASE “YOU” WILL MEAN THAT ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT ACCEPT ALL OF THESE TERMS, THEN WE ARE UNWILLING TO MAKE SERVICE, SMART CONTRACTS AVAILABLE TO YOU.
If you do not agree to these Terms, you may not access or use the Services.
All game activity happens within the project’s Smart Contract, and all the in-game assets, owned by a User, are secured to him in the blockchain. Within the Game the Users do not send or receive money. Gold is an in-game asset that can be used to buy and sell in-game assets such as Map, Plot, Workers, Buildings, Resources, Materials, Tools, Transport, Speed boost (hereinafter – “Assets”) within the Game. The external representation of gold is PGL. In case of depositing 1 PGL token in the game, a User receives 1 000 of the game Gold. In case of withdrawing 1 000 of game Gold, a User receives 1 PGL.
All Assets are two-sided items that can be owned by User as NFT (Non-fungible token).
Prospectors does not own or control the underlying software protocols which govern the operation of digital currencies. You acknowledge and agree that Prospectors is not responsible for operation of the underlying digital asset protocols and that Prospectors makes no guarantee of their functionality, security, or availability.
Prospectors does not control any private keys. You are solely responsible for maintaining the security of the other two private keys.
You are responsible for maintaining adequate security and control of any and all login IDs, passwords, private keys, personal identification numbers (PINs), and any other codes that you use to access the Account. You will be solely responsible for the private keys that we provide to you or that you generate for your wallets, and maintaining secure back-ups. You will prevent unauthorized access to or use of the Services using your account credentials or private keys, and notify us promptly of any such unauthorized access or use. You must keep your account ID, passwords and any other account credentials confidential and not authorize any third party to access or use the Service on your behalf, unless we provide an approved mechanism for such use.
You may purchase or interact with Assets on the Site, in this case any financial transactions that you engage in will be conducted solely through the supported blockchain network. We will have no control over these payments or transactions, nor do we have the ability to reverse any transactions. Referring to that, we will have no liability to you or to any third party for any claims or damages that may arise as a result of any transactions that you engage in via the Site, or using the Smart Contracts, or any other transactions that you conduct via the blockchain network or wallet.
You will be solely responsible to pay any and all sales, value-added, use and other taxes, duties, and assessments (except taxes on our net income) now or hereafter claimed or imposed by any governmental authority (collectively, “Taxes”) associated with your use of the Site (including, without limitation, any Taxes that may become payable as the result of your ownership, transfer, or acquisition of your Gold). Excluding the income taxes levied on Prospectors, you: (i) will pay or reimburse us for all national, federal, state, local or other taxes and assessments of any jurisdiction, including value added taxes and taxes as required by international tax treaties, customs or other import or export taxes, and amounts levied in lieu thereof based on charges set, services performed or payments made hereunder, as are now or hereafter may be imposed under the authority of any national, state, local or any other taxing jurisdiction; and (ii) shall not be entitled to deduct the amount of any such taxes, duties or assessments from payments made to us pursuant to these Terms.
A User cannot create several player accounts simultaneously, but a User can have one account per every game world. A User cannot provide access to his/her game account to third parties. Using multi-accounts will be punished by blocking the account. A violator will lose all his in-game possessions in favor of the Prospectors. To prevent suspicion in the multi-accounts violation Users should not use the same gadgets with other players.
All rights, title and interest in and to the Game (including without limitation any computer code, titles, themes, objects, characters, names, dialogue, concepts, artwork, animations, audio-visual effects, sounds, musical compositions, documentation, in-game chat transcripts, recording of games played using Prospectors’s game clients) (“Prospectors Property”) are owned by or licensed to Wecan Dev Pte. Ltd., subject to copyright and other intellectual property rights under Singapore laws and international conventions. Prospectors reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with its games and the Service. Except as expressly provided in the Terms, Prospectors does not grant any express or implied rights to the Prospectors Property.
Except as expressly set forth herein, your use of the Site, Smart Contracts 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. We reserve all rights in and to the Prospectors Property not expressly granted to you in the Terms. For the sake of clarity, you understand and agree:
(i) that your “purchase” of an Asset, whether via the Site or otherwise, does not give you any rights or licenses in or to the Prospectors’s Property (including, without limitation, our copyright in and to the art and drawings) other than those expressly contained in these Terms; and (ii) that you do not have the right to reproduce, distribute, or otherwise commercialize any elements of the Prospectors’s Property (including, without limitation, our copyright in and to the art and drawings) in any way without our prior written consent in each case, which consent we may withhold in our sole and absolute discretion.
You may choose to submit comments, bug reports, ideas or other feedback about the Game, including without limitation about how to improve the Game (collectively, “Feedback”). By submitting any Feedback, you agree that we are free to use such Feedback at our discretion and without additional compensation to you, and to disclose such Feedback to third parties (whether on a non-confidential basis, or otherwise). You hereby grant us a perpetual, irrevocable, nonexclusive, worldwide license under all rights necessary for us to incorporate and use your Feedback for any purpose. The Feedback can be sent to [email protected]
You shall have a right to terminate your Account at any time by canceling and discontinuing your access to and use of the Services. We may terminate or suspend all or part of the Services and your access to the Services immediately, without prior notice or liability. You will not receive any refunds if you cancel your Account, or if these Terms are otherwise terminated.
Your use of the Game is strictly tied to your compliance with these Terms. The game and game worlds are created for entertainment and should cause positive emotions only. Prospectors reserves the right to use specific programs and trained personnel to detect any violations of the rules and identify a User in case of a grounded suspicion of the Terms’ violation.
You agree that you will not, under any circumstances:
You acknowledge and agree that you are solely responsible for your actions in the Services and actions made in the Services using your player account or device.
The violation of any rules and obligations can be punished by the immediate temporary blocking or deletion of the game account, depending on the severity of the violation. In the case of detecting the breach, the Prospectors representative will investigate the consequences of such violation in every separate case. A User acknowledges that the representative’s decision is definite. Additionally, a User acknowledges that Prospectors cannot reveal the mechanisms it uses to detect violations since they can be easily circumvented otherwise. Prospectors reserves the right to forbid the subsequent registration in the game after the blocking or deletion of the game account on other game servers.
WITHOUT LIMITING ANY OTHER REMEDIES, PROSPECTORS MAY LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE PLAYER ACCOUNTS OR ACCESS TO THE SERVICES OR PORTIONS THEREOF IF YOU ARE, OR PROSPECTORS SUSPECTS THAT YOU ARE, FAILING TO COMPLY WITH ANY OF THESE TERMS OR FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE SERVICES, WITH OR WITHOUT NOTICE TO YOU. YOU CAN LOSE YOUR USER NAME AND PERSONA IN THE SERVICES AS A RESULT OF ACCOUNT TERMINATION OR LIMITATION, AS WELL AS ANY PRIVILEGES, BENEFITS, EARNED ITEMS AND PURCHASED ITEMS ASSOCIATED WITH YOUR USE OF THE SERVICES, AND PROSPECTORS IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS.
WITHOUT LIMITING OUR OTHER REMEDIES, PROSPECTORS MAY LIMIT, SUSPEND OR TERMINATE THE SERVICES, PROHIBIT ACCESS TO THE SERVICES’ GAMES AND SITES, AND THEIR CONTENT, SERVICES AND TOOLS, DELAY OR REMOVE HOSTED CONTENT, AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT USERS FROM ACCESSING THE SERVICES IF PROSPECTORS BELIEVES THAT THE USERS ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR ACTING INCONSISTENTLY WITHIN THESE TERMS OR OTHER POLICIES. ADDITIONALLY, PROSPECTORS MAY, IN APPROPRIATE CIRCUMSTANCES AND AT ITS SOLE DISCRETION, SUSPEND OR TERMINATE ACCOUNTS OF USERS WHO PROSPECTORS BELIEVES MAY BE REPEAT INFRINGERS OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS.
PROSPECTORS RESERVES THE RIGHT TO TERMINATE ANY ACCOUNT THAT HAS BEEN INACTIVE FOR 180 DAYS.
Termination of your account can include disabling your access to the Services or any part thereof including any content you submitted or others submitted.
You may terminate your account at any time and for any reason by contacting our customer support at [email protected] or by using the in-game “contact support” function available in some games.
“User Content” means any communications, sounds, images, and all the material, data, and information that you upload or transmit to the Services, or that other users upload or transmit, including without limitation, any chat text. By transmitting or submitting any User Content while using the Services, you affirm, represent and warrant that such transmission or submission is (a) accurate and not confidential or misleading; (b) not in violation of any laws, contractual restrictions or other third party rights, and that you have permission from any third party whose personal information or intellectual property is comprised in the User Content; (c) free of viruses, spyware, adware, worms or other malicious code; and (d) you acknowledge and agree that any of your personal information within such content will at all times be processed by Prospectors in accordance with its Privacy Policy.
Prospectors assumes no responsibility for the conduct of any user submitting any User Content, and assumes no responsibility for monitoring the Services for inappropriate content or conduct. Prospectors does not, and cannot, pre-screen or monitor all User Content. Your use of the Services is at your own risk. By using the Services, you may be exposed to User Content that is offensive, indecent or otherwise not in line with your expectations. You bear all risks associated with the use of any User Content available in connection with the Services. At our discretion, our representatives or technology may monitor and/or record your interaction with the Services or communications (including without limitation chat text) when you are using the Service.
By agreeing to these Terms, you hereby provide your irrevocable consent to such monitoring and recording. You acknowledge and agree that you have no expectation of privacy concerning the transmission of any User Content, including without limitation chat text.
Prospectors reserves the right in its sole discretion to review, monitor, prohibit, edit, delete, disable access to or otherwise make unavailable any User Content (including without limitation your User Content) without notice for any reason or for no reason at any time. If at any time Prospectors chooses, in its sole discretion, to monitor the Services, Prospectors nonetheless assumes no responsibility for User Content and assumes no obligation to modify or remove any inappropriate User Content. Prospectors has the right, but not the obligation, in its sole discretion to edit, refuse to post, or remove any User Content.
The Services may include various forums, blogs and chat features where you can post User Content, including your observations and comments on designated topics. Prospectors cannot guarantee that other members will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or don’t want others to use, do not post it on the Services. Prospectors shall have no responsibility to evaluate, use or compensate you for any ideas or information you may choose to submit.
You are solely responsible for the information that you post on, through or in connection with the Services and that you provide to others.
You are solely responsible for your interactions with other users of the Services and any other parties with whom you interact through the Services. Prospectors reserves the right, but has no obligation, to become involved in any way with these disputes. You shall fully cooperate with Prospectors to investigate any suspected unlawful, fraudulent or improper activity.
If you have a dispute with one or more users, you release Prospectors from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
You hereby acknowledge and agree to each of the following:
NOTHING IN THESE TERMS SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY RESULTING FROM GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF PROSPECTORS OR FOR DEATH OR PERSONAL INJURY ARISING FROM ANY NEGLIGENCE OR FRAUD OF PROSPECTORS.
You agree to indemnify, defend and hold Prospectors (and Prospectors’s officers, directors, agents, affiliates, subsidiaries, parent companies, joint ventures and employees) harmless from any claim, demand, damages or other losses, including reasonable attorneys’ fees, asserted by any third-party resulting from or arising out of your use of the Services, or any breach by you of these Terms, however the foregoing does not apply if the infringement of rights is not attributable to your intentional or negligent behavior.
The Game may include hyperlinks to other web sites or resources (hereinafter - “External Sites”), which are provided to our users. We have no control over any External Sites. You acknowledge and agree that we are not responsible for the availability of any External Sites, and that we do not endorse any advertising, products or other materials on or made available from any External Sites. Furthermore, you acknowledge and agree that we are not liable for any loss or damage which may be incurred as a result of the availability or unavailability of the External Sites.
Due to the nature of the blockchain, and our lack of control over user assets, Prospectors is unable to offer refunds on any purchases within the Game.
You understand that the Services are constantly changing and evolving. Prospectors may require that you accept updates to the Services, such as via installing updates to game clients installed on your device. You acknowledge and agree that Prospectors may update the Services, with or without notifying you. You may need to update third party software or your device hardware from time to time in order to access and use the Services.
Prospectors’s use of your personal data is governed by Prospectors Privacy Policy. You approve to the processing of your personal data in accordance with the Prospectors Privacy Policy by downloading, installing, accessing or using the Services.
Prospectors takes measures to prevent unauthorized access to, improper use of and the reasonable accuracy of your personal data submitted to Prospectors via the Services. We use various technologies, including, in certain instances, encryption, to ensure the high security standards. Any data that is stored on Prospectors servers is not generally available to the public. However, the use of internet services always includes security risks.
If a dispute arises between you and Prospectors, we strongly encourage you to first contact our customer support at [email protected] to seek a resolution. All disputes arising out of or in connection with these Terms, including without limitation your access or use of the Site, or the Smart Contracts, or to any products sold or distributed through the Site, or the Smart Contracts, will be referred to and finally resolved by arbitration under the rules of the Singapore International Arbitration Centre. The appointing authority will be the Singapore International Arbitration Centre. The case will be adjudicated by a single arbitrator and will be administered by the Singapore International Arbitration Centre in accordance with its applicable rules. Each party will cover its own fees and costs associated with the arbitration proceedings. The place of arbitration will be Singapore. You may choose to have the arbitration conducted by telephone, based on written submissions. The language of the arbitration will be English. The award of the arbitrator will be final and binding, and any judgment on the award rendered by.
WITH RESPECT TO ANY DISPUTE ARISING OUT OF OR RELATED TO THESE TERMS, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THE SITE, THE SMART CONTRACTS, OR ANY PRODUCTS SOLD OR DISTRIBUTED THROUGH THE SITE, OR THE SMART CONTRACTS: (I) YOU HEREBY EXPRESSLY GIVE UP YOUR RIGHT TO HAVE A TRIAL BY JURY; AND (II) YOU HEREBY EXPRESSLY GIVE UP YOUR RIGHT TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS IN ANY LAWSUIT, INCLUDING BUT NOT LIMITED TO CLASS ACTION LAWSUITS INVOLVING ANY SUCH DISPUTE.
You and Prospectors agree that if any portion of these Terms, Prospectors’s Privacy Policy or any supplemental terms are found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the terms, which shall continue to be in full force and effect.
Prospectors may assign or delegate these Terms, the Prospectors Privacy Policy and/or other applicable policies, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms, the Privacy Policy or other policies without Prospectors’s prior written consent.
These Terms, the Prospectors Privacy Policy and any additional or supplemental policies and any documents expressly incorporated by reference herein, contain the entire understanding of you and Prospectors, and supersede all prior understandings of the parties hereto relating to the subject matter hereof, whether electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and us with respect to the Services.
The failure of Prospectors to require or enforce strict performance by you of any provision of these Terms or the Prospectors Privacy Policy or failure to exercise any right under them shall not be construed as a waiver or relinquishment of Prospectors’s right to assert or rely upon any such provision or right in that or any other instance.
The express waiver by Prospectors of any provision, condition, or requirement of these Terms or the Prospectors Privacy Policy shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
Except as expressly and specifically set forth in these Terms, no representations, statements, consents, waivers, or other acts or omissions by Prospectors shall be deemed a modification of these Terms nor legally binding, unless documented in physical writing, hand signed by you and a duly appointed officer of Prospectors.
We may notify you via the Services or any other communications means to contact information you provide to us. All notices given by you or required from you under these Terms or the Prospectors Privacy Policy shall be sent to: [email protected] Any notices that you provide without compliance with this Section on notices shall have no legal effect.
Prospectors shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Prospectors, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Prospectors’s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.