Terms of Service
Last updated 13 November 2024
Terms of Service
This Fishing Frenzy Game Terms and Conditions (this “Agreement” or the “Terms”) is a legally binding agreement by user of any of the Services (“you” or “Purchaser”), and Infinity Games LC (“The Fishing Frenzy Developers” or “Company” or “us” or “we”)
The Fishing Frenzy Developers and each Purchaser may be referred to throughout this Agreement collectively as the “Parties” or individually as a “Party”. By purchasing or otherwise owning Fishing Frenzy onchain assets such as Chests, Rods, or more, and participating in Fishing Frenzy, you acknowledge that you have carefully read and agree to the terms of this Agreement.
Our smart contracts, games, products, services, content, Fishing Frenzy website, X account, Discord server, and/or other domains or websites operated by us (collectively, the "Services") are provided “as is” and “as available” without warranty of any kind.
We reserve the right to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice and for any reason, in our sole discretion.
By using the Services you are accepting sole responsibility for any and all transactions involving Fishing Frenzy.
Your purchase from the Company or purchase from any owner of an NFT or Token originally produced by the Company does not constitute a financial investment.
PLEASE BE AWARE THAT WHEN YOU AGREE TO THESE TERMS, YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND US THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT.
Agreement to Terms. “Fishing Frenzy onchain assets”, or "Fishing Frenzy Assets" refers to a non-fungible token (NFT) (i.e., a controllable electronic record recorded on a blockchain) that, as of its genesis issuance, is linked to an asset in Fishing Frenzy that offers utility in the game. These assets are dynamic and modifiable by the Company without permission.
(a) Additional Terms: Fishing Frenzy Assets may be available for purchase on one or more third-party platforms, such as Blur (each, a “NFT Marketplace”), which we do not own, control, or operate. The access and use of the NFT Marketplace are subject to the separate terms of the NFT Marketplace. We assume no responsibility for the accuracy or completion of any transaction on an NFT Marketplace.
Changes to These Terms. We reserve the right, at our discretion, to change, modify, add, or remove portions of the Terms at any time by posting the amended Terms on our website. If you continue to be a Purchaser and/or otherwise use the Services after the changes are posted, you are agreeing that the changes apply to your continued use of our Services. If you have a dispute with us, the version of the Terms in effect at the time we received actual notice of the dispute will apply to such dispute.
Who Can Use Our Services. You may not use our Services if:
You cannot enter into a binding contract with us for any reason.
You are not at least 21 years old.
You are not allowed to receive products, including services or software, from the Cayman Island, for example if you are located in a country embargoed by the Cayman Island or if you are on the Cayman Islands' list of Specially Designated Nationals.
Ownership; Limited License. The Services are comprised of works (including all data, content, graphics, forms, artwork, images, photographs, functional components, audio clips, video clips, software and software concepts and documentation and other material on, in or made available by us through the Website) that are owned or licensed by the Company, and they are protected by copyright, trademark, trade dress, patent, and other worldwide intellectual property rights and other applicable laws, rules, or regulations unless otherwise stated, such as in the “Ownership of Fishing Frenzy Assets” section of these Terms (below). All such rights are reserved. These Terms do not grant you or any other party any right, title, or interest in the Services or any content in the Services.
Availability of the Services; All Sales are Final. YOU ACKNOWLEDGE THAT WE ARE NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR PURCHASED FISHING FRENZY ASSETS FOR ANY REASON.
Ownership of Fishing Frenzy Assets.
(a) When Purchaser acquires a Fishing Frenzy asset from the Company, Purchaser owns all personal property rights to that asset (e.g., the right to freely sell, transfer, or otherwise dispose of that asset). The Fishing Frenzy asset Art, however, is free for use by anyone for any purpose without restriction under copyright law. Public domain is the purest form of open and free, since no one owns or controls the material in any way. For avoidance of doubt, the Fishing Frenzy name and other media produced by the Company is owned by the Company under copyright law, trademark law, and/or other applicable laws.
(b) Purchaser represents and warrants that it will not transfer a Fishing Frenzy asset in any subsequent transaction to a Transferee that is (i) located in a country that is subject to a Cayman Island Government embargo, or that has been designated by the Cayman Island Government as a terrorist-supporting country; or is (ii) listed on any Cayman Island Government list of prohibited or restricted parties (“Prohibited Transferees”).
Fees and Payments
(a) If you elect to purchase a Fishing Frenzy asset through the FishingFrenzy.co website (the “Website”) or Telegram app (@fishingfrenzy_bot), any financial transactions that you engage in will be conducted solely through the Base network. We will have no insight into or control over these payments or transactions, nor do we have the ability to reverse any transactions. 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 or any other transactions that you conduct via the Base network.
(b) Base requires the payment of a transaction fee (a “Gas Fee”) for every transaction that occurs on the Base network.
Transfers. All subsequent transactions of the Fishing Frenzy Asset are subject to the following terms: (a) the Fishing Frenzy Asset transferee (the “Transferee”) shall, by purchasing, accepting, accessing or otherwise using the Fishing Frenzy Asset or Asset Art, be deemed to accept all of the terms of this Agreement as a “Purchaser” hereof; and (b) the Fishing Frenzy Asset transferor (the “Transferor”) shall provide notice to the Transferee of this Agreement, including a link or other method by which the terms of this Agreement can be accessible by the Transferee. Purchaser further acknowledges and agrees that all subsequent transactions of the Fishing Frenzy Asset will be effected on the blockchain network governing the Fishing Frenzy Asset, and Purchaser will be required to make or receive payments exclusively through its cryptocurrency wallet.
Royalty. You acknowledge and agree that we receive royalties on every subsequent sale of a Fishing Frenzy Asset (“Royalty”).
The Developers’ Rights and Obligations to the Fishing Frenzy Asset Art and Fishing Frenzy Asset. The Parties acknowledge and agree that we are not responsible for repairing, supporting, replacing, or maintaining the Website or any other website.
When Purchasers compete in the game using their Fishing Frenzy Asset, they are utilizing skill to make decisions. In other words, Purchasers’ abilities determine the outcome of the skills-based competitions. Games of skill are permitted in most jurisdictions and do not constitute gambling (which generally requires a game of chance, prize, and consideration to play). Some jurisdictions 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. When you participate, these Terms shall apply. From time to time, the Company may also run sweepstakes on contests on the Website in which some or all of the Purchasers may participate; no additional purchase will be necessary for a Purchaser to participate in any sweepstakes, and any sweepstakes or contest will be governed by these Terms and any separate rules published in connection with such sweepstakes or contest.
User Content. “User Content” means all the data that you upload, transmit, create, or generate on or through the Services. If you post, publish, transmit, or upload User Content on the Services, you agree that it will be:
accurate;
not confidential;
not in violation of law;
not in violation of contractual restrictions or other parties’ rights, and that you have permission to use the User Content from any other party whose personal or other information or intellectual property is contained within the User Content; and
free of viruses, adware, spyware, worms, or other malicious code.
The Developers’ rights to your User Content. You hereby grant us a perpetual, irrevocable, worldwide, fully paid, non-exclusive license and right to reproduce, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially use and exploit in any manner your User Content for the purpose of providing and promoting the Services. You represent and warrant that you have, and will continue to have, all necessary rights to grant the licenses granted in this Section.
Code of Conduct and Prohibited Activities. When you access or use the Services, you agree that you will not:
Transmit any User Content that: (i) is false, misleading, unlawful, abusive, tortious, defamatory, libelous, disparaging (including disparaging of the Company), obscene, pornographic, vulgar, or that promotes or encourages violence, racism, discrimination, hatred, harassment, or harm against any individual or group; or (ii) infringes our or any third party’s intellectual property rights, privacy rights, rights of publicity, or other personal or proprietary rights.
Engage in any activity that could interfere with, disrupt, or negatively affect the functioning of the Services or any other computer, server, or network.
Engage in any fraudulent activity, including but not limited to using fake or stolen identities, creating fake or unauthorized accounts, or attempting to deceive others for personal gain.
Use or attempt to use another user’s account without authorization from that user and the Company.
Prohibited Use of Bots, Multi-Accounts, and Sybils. You may not use, and will not assist, encourage, or enable others to use, any automated means or processes, including but not limited to, bots, scripts, or any other automated programs, to access or use the Services. Additionally, managing or using multiple accounts (multi-accounting) or Sybils (creating fake identities) to gain an unfair advantage, manipulate the Services, or for any other purpose, is strictly prohibited.
User Responsibility:
It is the responsibility of each user to ensure they do not engage in botting or sybil attacks, or own multi accounts
Users are encouraged to report any suspicious activity they encounter within the game.
Consequences for Violation:
The company reserves the right to take necessary actions in response to suspected multi accounting and sybils, including but not limited to:
Immediate suspension or termination of any and all accounts involved.
Forfeiture of any in-game assets or leaderboard rewards associated with the prohibited accounts.
Permanent ban from using the Services.
Legal action for damages or other relief as deemed necessary by the Company (if required)
The company's decision in the event of suspected use of multi accounts, bots and sybils is final
Disclaimers and Limitation of Liability. The Services are provided on an “as is” and “as available” basis without warranties of any kind, either express or implied. We do not warrant that the Services will be uninterrupted or error-free, nor do we make any warranty as to the results that may be obtained from the use of the Services.
To the fullest extent permitted by law, the Company disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
In no event shall the Company be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to, loss of profits, data, use, goodwill, or other intangible losses, resulting from (a) your access to or use of or inability to access or use the Services; (b) any conduct or content of any third party on the Services; (c) any content obtained from the Services; and (d) unauthorized access, use, or alteration of your transmissions or content.
Indemnification. You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, and agents, from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney’s fees and costs, arising out of or in any way connected with (a) your access to or use of the Services; (b) your violation of these Terms; (c) your User Content; and (d) your violation of any rights of another.
Dispute Resolution. Any dispute, controversy, or claim arising out of or relating to these Terms, including but not limited to the validity, invalidity, breach, or termination thereof, shall be resolved by arbitration in accordance with the Arbitration Rules of the London Court of International Arbitration. The number of arbitrators shall be one. The seat, or legal place, of arbitration shall be Cayman Island. The language to be used in the arbitral proceedings shall be English.
Governing Law and Jurisdiction. These Terms shall be governed by and construed in accordance with the laws of the Cayman Island, without regard to its conflict of law principles. Any legal action or proceeding arising under these Terms shall be brought exclusively in the courts located in the Cayman Island, and the Parties hereby irrevocably consent to the personal jurisdiction and venue therein.
Miscellaneous. These Terms constitute the entire agreement between you and the Company regarding the use of the Services and supersede all prior or contemporaneous understandings regarding such subject matter. If any provision of these Terms is deemed invalid, void, or unenforceable, the remaining provisions shall remain in full force and effect. The failure of the Company to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
I agree THAT MY USE OF THE WEBSITE AND SERVICES IS AN ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS.
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