Terms of Service

Last Updated: April 3rd, 2023

1. AGREEMENT TO TERMS

By using the Influence application (“Site”) found at https://game.influenceth.io, you agree to be bound by these Terms. If you do not want to be bound by these Terms, do not use the Site.

2. PRIVACY POLICY

Please review our Privacy Policy, which also governs your use of the Site, for information on how we collect, use and share your information.

3. CHANGES TO THESE TERMS OR THE SITE

We may update the Terms from time to time at our sole discretion. If we do, we will let you know by posting the updated Terms on the Site. It is important that you review the Terms whenever we update them or you use the Site. If you continue to use the Site after we have posted updated Terms, it means that you accept and agree to the changes. If you do not agree to be bound by the changes, you may not use the Site anymore. We may change or discontinue all or any part of the Site at any time, and without notice, at our sole discretion.

4. WHO MAY USE THE SITE?

You may use the Site only if you are at least 18 years old, capable of forming a binding contract with Unstoppable Games, Inc. (“UGI”), and not otherwise barred from using the Site under applicable law.

5. FEEDBACK

We appreciate feedback, comments, ideas, proposals and suggestions for improvements to the Site (“Feedback”). If you choose to submit Feedback, you agree that we are free to use it without any restriction or compensation to you.

6. UGI’S INTELLECTUAL PROPERTY

We may make available through the Site content that is subject to intellectual property rights. We or our licensors, or the third parties who otherwise own the intellectual property rights, retain all rights to that content.

7. GENERAL PROHIBITIONS AND UGI’s ENFORCEMENT RIGHTS(a) Use, display, mirror, or frame in any way the Site or any individual element within the Site, UGI's name, any UGI trademark, logo, or other proprietary information, or the layout and design of any page or form contained on a page, without UGI’s express written consent;

(b) Access, tamper with, or use in any way non-public areas of the Site, UGI’s computer systems, or the technical delivery systems of UGI’s providers;

(c) Attempt to or actually probe, scan, or test in any way the vulnerability of (or lack of vulnerability of) any system or network (collectively, “Systems”), or breach any security or authentication measures, available or accessible through, or related to, the Site;

(d) Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent, in any way, any measure implemented by UGI or any of UGI’s providers or any other third party (including another user) to protect the Site or any element thereof of any;

(e) Attempt to or actually access or search the Site, or download content (or any element thereof) from the Site, using any engine, software, tool, agent, device, or other mechanism (including spiders, robots, crawlers, data mining tools or the like) or modality other than the software and/or search agents expressly provided by UGI or other generally available third-party web browsers;

(f) Access or use the Site, or any portion or element thereof, for any commercial purpose or for the benefit of any third party, or in any other manner not permitted by these Terms;

(g) Attempt to or actually decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Site, or any element thereof, or any of the Systems;

(h) Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site or any Systems;

(i) Impersonate or misrepresent your affiliation with any person or entity, including but not limited to UGI or any representative or agent thereof;

(j) Violate any applicable law or regulation; or

(k) Directly or indirectly encourage or enable any other individual to do any of the foregoing. UGI is not obligated to monitor access to or use of the Site or to review or edit any Site content. However, we have the right to do so for the purpose of operating the Site, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to the Site (or any element or content therein or thereof), at any time and without notice, including, but not limited to, if we, at our sole discretion, consider it objectionable or in violation of these Terms. We have the right to investigate actual and suspected violations of these Terms and other conduct that affects the Site. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

8. LINKS TO THIRD PARTY WEBSITES OR RESOURCES

The Site may allow you to access third-party websites or other resources. We provide access only as a convenience and are not responsible for the content, products, or services on or available from those resources or links displayed on such websites. You acknowledge that you have sole responsibility for, and assume all risk arising from, your use of any third-party resources.

9. TERMINATION

We may suspend or terminate your access to and use of the Site, at our sole discretion, at any time and without notice to you. Upon any termination or discontinuation of the Site or these Terms, the following Sections will survive: 5, 6, 8, 9, 10, 11, 12, 13, 14, and 15.

10. WARRANTY DISCLAIMERS

(a) THE SITE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Site will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, or reliability of any information or content on the Site. Any reliance you place on such information or content is strictly at your own risk.

(b) To the extent the Site enables you to interact with any blockchain protocol (each, a “Protocol”), you understand that your use of any such Protocol is entirely at your own risk. Any such Protocol is available on an “as is” basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, quiet enjoyment, and non-infringement. You assume all risks associated with using any Protocol, and digital assets and decentralized systems generally, including but not limited to, that digital assets are highly volatile; you may not have ready access to assets; and you may lose some or all of your tokens or other assets. You agree that you will have no recourse against UGI for any losses due to your use of any Protocol. For example, these losses may arise from or relate to: (i) lost funds; (ii) server failure or data loss; (iii) corrupted cryptocurrency wallet files; (iv) unauthorized access; (v) errors, mistakes, or inaccuracies; or (vi) third-party activities.

11. INDEMNITY

You will indemnify and hold UGI and its affiliates and their respective officers, directors, employees, and agents, harmless from and against any claims, disputes, demands, liabilities, damages, losses, costs, and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way related to (a) your access to or use of the Site, or (b) your violation of these Terms.

12. LIMITATION OF LIABILITY

(a) TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER UGI NOR ITS SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT UGI OR ITS SERVICE PROVIDERS HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

(b) TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL UGI’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, OR FROM THE USE OF OR INABILITY TO USE THE SITE, EXCEED ONE HUNDRED U.S. DOLLARS ($100).

(c) BY USING THE SITE, YOU ACKNOWLEDGE THAT THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE MATERIAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN UGI AND YOU.

13. GOVERNING LAW AND FORUM CHOICE

These Terms, and any action related thereto, will be governed by the laws of the State of Delaware, without regard to its conflict of laws provisions. The exclusive jurisdiction for all Disputes (defined below) will be the state and federal courts located in the State of Delaware, and you and UGI each waive any objection to jurisdiction and venue in such courts.

14. GENERAL TERMS

(a) Reservation of Rights. UGI and its licensors exclusively own all right, title, and interest in and to the Site, including all associated intellectual property rights. You acknowledge that the Site is protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Site.

(b) Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement between UGI and you regarding use of the Site, and these Terms supersede and replace all prior oral or written understandings or agreements between UGI and you regarding the Site. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. Except where provided by applicable law in your jurisdiction, you may not assign or transfer these Terms, by operation of law or otherwise, without UGI’s prior written consent. Any attempt by you to assign or transfer these Terms absent our consent or your statutory right, without such consent, will be null and void in its entirety. UGI may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and any permitted assigns.

(c) Notices. Any notices or other communications provided by UGI under these Terms will be given by posting to the Site.

(d) Waiver of Rights. UGI’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of UGI. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

15. CONTACT INFORMATION

If you have any questions about these Terms or the Site, please contact UGI at info@unstoppablegames.io