Terms & Conditions

Terms & Conditions

Please read and review these Terms and Conditions (terms, terms and conditions) contained herein carefully before using www.guardiansoftheball.com website (the service) operated by Guardians of the Ball Limited (GUARDIANS OF THE BALL, us, we, our) provided by “Guardians of the Ball, Limited Company”, a company formed and existing under the laws of Malta.

You have read, understood, and accepted all the following Terms, as well as all the terms which are incorporated herein by reference.

These Terms and Conditions (“Terms”) constitute a legally binding agreement between you (“User,”, “Visitors” “you,” or “your”) and GOB, also referred to as “Guardians of the Ball,”, “GOB”, “the Company,” “we,” “us,” or “our.” By accessing, using, or interacting with our platform, website, application, services, or any related content (collectively, the “Services”), you agree to comply with and be bound by these Terms.

For the purposes of this agreement, “User” or “you” refers to any individual or entity accessing or using the Services, including registered account holders and visitors. “GOB” or “the Company” refers to Guardians of the Ball and its affiliates, subsidiaries, directors, officers, employees, contractors, agents, licensors, and successors.

By accessing or using the Services, you confirm that you have read, understood, and agreed to be bound by these Terms in their most current version. You also represent and warrant the following: (i) you are of legal age to enter into a binding agreement; and (ii) if you are acting on behalf of a corporation, governmental organization, or other legal entity, you have the necessary authority and legal capacity to accept these Terms and bind that entity to them.

Your ability to access and use the Services depends entirely on your acceptance of these Terms.

The Company reserves the right to modify these Terms at any time. Changes will take effect 16 (sixteen) days after the updated Terms are published on the Company’s website, except for changes related to new features or legal requirements, which will become effective immediately.

If you do not agree with these Terms, you must refrain from using the Services.

Services

GOB is an authentic, hyper-realistic football metaverse made up of football clubs, leagues, players, fans, artists, legends that is regularly dedicated to immersive experience activities, 3D, Metaverse, Multiverse, Virtual Reality, Mixed Reality, Protometaverse, Virtual World, 3D multiplayer environment, and spatial computing. In this sense, he personalizes experiences related to real football, through the technology offered by him, to bring different clubs closer to their fans, and potential new fans, in a unique environment where they can feel connected and express themselves.

You represent and warrant that the organization and execution of challenges and gameplays within the platform are conducted in full compliance with all applicable laws and regulations. You further agree to indemnify and hold harmless the Company, upon demand, from and against any and all losses, damages, liabilities, penalties, claims, judgments, and expenses (including reasonable legal fees) that may arise from or relate to any breach of this warranty.

GOB will use commercially reasonable efforts to maintain the operation of the Services. However, technical issues, maintenance, or other unforeseen circumstances may occasionally result in bugs, downtime, or temporary interruptions. To the extent permitted by applicable law, the Company reserves the right to modify, suspend, or discontinue any features or functions of the Services at its sole discretion, with or without prior notice. The Company shall not be liable for any interruptions, modifications, discontinuations, or any resulting loss, deprecation, or alteration of scores, levels, points, items, or other assets within the platform.

Conditions of Use

We will provide certain services to you, which are subject to the conditions stated below in this document. Every time you visit this website, use its services or make a purchase, you accept the following conditions. This is why we urge you to read them carefully.

User Account

If you are an owner of an account on this website, you are solely responsible for maintaining the confidentiality of your private user details (username and password). You are responsible for all activities that occur under your account or password. We reserve all rights to terminate accounts, edit or remove content and cancel orders at our sole discretion.

User Registration

The User must provide accurate and complete registration information when creating an account for the Platform. By creating an account, you agree to provide the information requested by GOB (name, email, and password).

Users may also use the service on the Website without registering or creating a user account. However, this may result in limited availability of certain features or functions, at GOB’s sole discretion.

By registering, the User agrees to be fully responsible for all activities conducted under their username and password.

The User is obligated to promptly and unambiguously notify GOB, using the contact details provided in this document, if they believe their personal information, including but not limited to User accounts, access credentials, or personal data, has been compromised, misused, or stolen.

Account Suspension and Termination

• GOB reserves the right, at its sole discretion, to suspend or delete User accounts at any time and without prior notice if it deems them inappropriate, offensive, or in violation of these Terms.

• The suspension or deletion of User accounts does not entitle Users to any claim for compensation, damages, or refunds. The User acknowledges that GOB shall not be held liable for any loss, liability, data loss, economic damages, loss of information, or costs of any kind incurred by the User.

• Suspension or termination of accounts due to reasons attributable to the User does not exempt the User from paying any applicable fees or charges owed to third parties.

Communications

All communication with us is electronic. Every time you send us an email or visit our website, you are going to be communicating with us. You hereby consent to receive communications from us. If you subscribe to the news on our website, you are going to receive regular emails from us. We will continue to communicate with you by posting news and notices on our website and by sending you emails. You also agree that all notices, disclosures, agreements and other communications we provide to you electronically meet the legal requirements that such communications be in writing.

Comments, Reviews, and Emails

Visitors may post content, if so allowed, if it is not obscene, illegal, defamatory, threatening, infringing on intellectual property rights, invasive of privacy or injurious in any other way to third parties. Content must be free of software viruses, political campaigns, and commercial solicitation.

We reserve all rights (but not the obligation) to remove and/or edit such content. When you post your content, you grant GUARDIANS OF THE BALL non-exclusive, royalty-free and irrevocable right to use, reproduce, publish, modify such content throughout the world in any media.

GOB community rules

To uphold respect, honor, and order within the Gob community and to better protect the platform, these rules have been established in accordance with applicable laws and regulations.

THE GOB COMMUNITY INCLUDES ALL USERS, WEBSITE VISITORS, AND APPLICATION USERS.

Any information published in Gob, or the use of its services must comply with relevant local laws and regulations. You may not use our services to:

1. Endanger national security, disclose state secrets, or harm national honor and interests.
2. Spread rumors, disrupt social order or stability, or harm any member of the platform’s value chain, including Clubs, Players, Civil Associations, and Private Companies.
3. Disseminate obscene or pornographic material.
4. Insult or defame others or infringe upon their legitimate rights and interests.
5. Act on behalf of illegal civil organizations.
6. Engage in harassment, distribute advertisements or spam, or share content containing sexual or sexually explicit material (SEE ANTI-SPAM POLICY).
7. Spread false rumors or misinformation.
8. Use abusive language, whether verbal or written.
9. Create or support any content that violates public order, social morals, or ethical standards.

Access to the Service and Availability

Subject to your compliance with these terms and conditions, GOB will make the Services available to you in accordance with the terms of this Agreement and solely for the User’s internal business needs.

GOB shall: (a) Make commercially reasonable efforts to ensure the online Services are available 24 hours a day, 7 days a week, except for: (b) Scheduled downtime (for which GOB will provide prior electronic notice), (c) Emergency maintenance that is reasonably unforeseeable and necessary to maintain the integrity or operation of the Services, regardless of the notice provided by GOB, and (d) Any unavailability caused by circumstances beyond GOB’s reasonable control, including but not limited to acts of God, acts of government, floods, fires, earthquakes, civil unrest, acts of terrorism, strikes, or other labor issues (excluding those involving GOB employees), failure or delay of internet service providers, third-party integrated applications, or denial-of-service attacks, and (e) Provide the Services in compliance with applicable laws and governmental regulations governing GOB’s provision of Services to its Users generally (i.e., without regard to the User’s specific use of the Services), and subject to the User’s use of the Services in accordance with the Agreement, Documentation, and applicable Order Form.

Your rights to access and use the Services are subject to all terms set forth in this Agreement.

Updates and Support

GOB will maintain, support, update, and provide bug fixes for the Services to the same extent as it does for its Users generally. Ultimately, you are responsible for the timely integration and deployment of the Services.

GOB shall not be liable for any damages resulting from the User’s failure to implement improvements or updates to the Services if GOB has notified the User via email of such improvement or update.

All support requests must be directed to GOB’s support team via email at [email protected].

Restrictions: You must comply with all applicable laws when implementing, configuring, and using the Services. Except as expressly permitted under these Terms, you may not, and shall not allow anyone else to:

(a) Make the functionality of the Services available to any third party through any means, including but not limited to hosting, application service providers, service bureaus, or any other type of service;

(b) Use any automated tools (e.g., bots, spiders) to access or use the Services;

(c) Rent, lease, or sublicense your access to the Services to another person;

(d) Circumvent or disable any digital rights management, usage rules, or other security features of the Services, or attempt to gain unauthorized access to the Services or their related systems or networks;

(e) Use the Services in a manner that overloads or threatens the integrity, performance, or availability of the Services;

(f) Remove, alter, or obscure any proprietary notices (including copyright and trademark notices) on any part of the Services;

(g) Transmit material containing software viruses, worms, Trojan horses, or other harmful computer codes, files, scripts, agents, or programs; or

(h) Use the Services in connection with any application or website directed to children under 18 years of age without employing the appropriate configuration within GOB to limit the collection of data from such children in accordance with applicable law.

If you have questions about using these configurations or have any reason to believe that these resources may not address your particular use case, please contact GOB’s support team via email at [email protected].

Notwithstanding any contrary provision in the Agreement, the User’s use of the Services in violation of the above restrictions, as determined by GOB, which threatens the integrity, performance, availability, or security of the Services, may result in the immediate suspension or limitation of the User’s access to the platform and its services.

Security

Reminder:

• GOB will implement reasonable measures to protect the security of information collected from users and to ensure the integrity and confidentiality of such data.

• Appropriate technical and organizational measures will be adopted to safeguard the platform against unauthorized access, misuse, unauthorized disclosure, or alteration of the collected information.

• GOB will strive to use industry-standard security practices, such as data encryption, firewalls, and malware protection measures, to secure user information.

• Despite the security measures implemented, it is important to note that no system is completely secure, and the platform cannot guarantee the absolute security of information transmitted or stored through it.

Therefore, users must take additional precautions to protect their personal information and are SOLELY RESPONSIBLE for maintaining the confidentiality of their account credentials. Users must promptly notify the platform upon noticing any errors in their account or unauthorized use. Failure to do so may result in GOB pursuing the relevant judicial claims against the user.

Privacy Policy

Before you continue using our website, we advise you to read our privacy policy regarding our user data collection. It will help you better understand our practices.

Minors

Our Site, App and services are not intended to be used by any person under the age of sixteen (16) and therefore We will never intentionally collect any Personal Data from such persons. If You are under the age of consent, please consult and get Your parent’s or legal guardian’s permission to use the site, App and any of Our other services. We shall consider that any Personal Data of any persons under the age of sixteen (16) received by Us, shall be sent with the proper authority from the holder of parental responsibility over the child and that the sender can demonstrate such authority at any time, upon Our request.

Payments

See Market.

Furthermore, payments in the metaverse may be made through the integration of the wallet or via FIAT currency.

Payments, Gas Fees, and Taxes

(i) Financial Transactions in the Application: All financial transactions conducted within the application are exclusively processed through the POLYGON network. We do not have control over these payments and cannot reverse transactions. No refunds will be provided for purchases made within the application, including but not limited to Moments, Packs, or other items.

(ii) Gas Fees: Each transaction on the Flow network requires the payment of a transaction fee (“Gas Fee”). You are solely responsible for covering these fees for any transactions initiated through the application.

(iii) Tax Responsibility: You are solely responsible for paying any and all taxes associated with your use of the application, including but not limited to sales taxes, value-added taxes, or other applicable taxes.

Purchase, Exchange, and Display of Experiences

(i) Experiences: The application allows users to purchase, earn, create, exchange, collect, and showcase experiences (each, an “Experience”) within the Metaverse.

(ii) Characteristics of Experiences: Experiences encompass a broad and diverse range of activities, including but not limited to: purchasing an NFT, photographs of one or more players within the GOB universe, children’s access to the field on match day, dinners with players from respective clubs or GOB legends, playing matches in stadiums with signed agreements with GOB, official photographs with a GOB ambassador or legend, and other experiences discoverable in the Metaverse. It is important to note that each Experience has a defined set of attributes, including scarcity, which may affect its potential resale value.

(iii) Acquiring Experiences: You can acquire Experiences through the application’s marketplace (the “Marketplace”). Various types of packages are available, and we reserve the right to modify the types, prices, and quantities of packages at our discretion.

(iv) Eligibility for Experiences: You understand and agree that you may not be eligible to acquire certain Experiences.

(v) Exchanging Experiences: You can exchange Experiences with other users through the application’s interface.

Land use

You may purchase Lands in this Metaverse. You are allowed to use the Land according to these Terms and must comply with the laws of Malta. Moreover, you are not allowed to use the Land for promoting any content that is pornographic, harassing, hate-oriented, harmful, defamatory or racist. Any content which is compliant with these Terms, the law or puts the reputation of the Company (Gob) at risk may be deleted by GOB without any prior notice.

Third-Party content

The Platform or Site may include hyperlinks to other websites or resources (collectively, “External Sites”), which are provided solely for the convenience of our Users. GOB has no control over any External Sites. The Services may also display or include links to third-party products, services, and websites. Payments by Users will be processed through Mercado Pago, STRIPE, PayPal, and CryptoMate; GOB disclaims all liability in connection with these transactions.

• Mercado Pago Terms and Conditions: https://www.mercadopago.com.ar/ayuda/terminos-y-politicas_194
• STRIPE Terms and Conditions: https://stripe.com/gb/legal/ssa/no
• PayPal Terms and Conditions: https://www.paypal.com/ar/legalhub/paypal/home?country.x=AR&locale.x=en_AR
• CryptoMate terms and Conditions: https://cryptomate.me/terms

Any opinions, advice, statements, services, offers, or other information constituting part of the content expressed, written, or made available by other Users or third parties on or through the Services, or accessible via the Services (collectively, “Third-Party Content”), belong solely to their respective authors or producers and not to GOB or its shareholders, directors, officers, employees, agents, or representatives.

GOB does not control Third-Party Content and does not guarantee its accuracy, completeness, or quality. GOB is not responsible for the performance, does not endorse, and disclaims any liability for any Third-Party Content or materials available through such Third-Party Content. By using GOB’s Services, you or your end users may encounter content that is offensive, indecent, or objectionable. GOB shall not be held responsible, directly or indirectly, for any damage or loss caused to you or a third party by the use of or reliance on goods, services, or information available on or through Third-Party Services or Content. It is your responsibility to evaluate the information, opinions, advice, or other content available through our Services.

If the Sites contain links to other websites and resources provided by third parties, these links are provided solely for your convenience. This includes links in advertisements, banners, or sponsored links. GOB has no control over the content of those websites or resources and assumes no responsibility for them or any loss or damage arising from your use of them. Accessing any third-party websites linked to the Sites is at your own risk and subject to the terms and conditions of those websites.

GOB reserves the right to withdraw linking permissions without prior notice. Additionally, GOB is not responsible for or in control of any emails, account creation processes, or the downloading of the application related to External Sites.

By using the Platform, you acknowledge and accept these limitations and responsibilities regarding third-party content and links.

Links to Websites and Social Media Futures

You may link to our homepage, if you do so in a fair and lawful manner that does not damage our reputation or take unfair advantage of it. However, you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express prior written consent.

We recommend that you contact us beforehand to avoid any potential disputes.

Intellectual Property Rights

Content published on this website (digital downloads, images, texts, graphics, logos) is the property of GUARDIANS OF THE BALL and/or its content creators and protected by international copyright laws. The entire compilation of the content found on this website is the exclusive property of GUARDIANS OF THE BALL, with copyright authorship for this compilation by GUARDIANS OF THE BALL.

You acknowledge and agree that the Services are the property of the Company or its licensors. Subject to your compliance with these Terms, GOB grants you a limited, non-exclusive, non-transferable, revocable right to access and/or use the Services. This license is strictly limited to the conditions set forth herein and does not grant you any ownership, title, or additional rights to the Services, their underlying software, or any associated intellectual property.

GOB retains all rights, title, and interest in and to all copyrights, trademarks, trade secrets, patents, and other proprietary rights related to the Services, including their software and application programming interfaces (APIs), and all content within. You warrant that your use of any names, logos, images, colors, or other intellectual property provided or licensed by the Company will not infringe the rights of any third party.

You further agree to fully indemnify and hold harmless the Company from and against any and all losses, damages, liabilities, penalties, suits, judgments, and expenses (including reasonable legal costs) arising out of or related to any breach of this warranty.

Limitation of Liability

In no event will the Company, its officers, shareholders, employees, agents, directors, subsidiaries, affiliates, successors, assigns, suppliers, or licensors be liable for any loss or damages, including without limitation, direct, indirect, special, consequential, or punitive loss or damages, arising from or related to Your use of the Services, whether in an action of contract, tort or otherwise, and regardless of whether such damages were foreseeable and whether or not The Company was advised of the possibility of such damages.

Without limiting the generality of the foregoing, the Company takes no responsibility for and will not be liable for any financial or other loss or damages arising from or related to the use of the Services, including, without limitation, to any of the following:

a. loss of or inability to access or transact data, cryptocurrencies or digital assets; b. technical failure, malfunction or shutdown; c. server failure, hacks or unavailability; d. data loss; e. stolen, lost, or unauthorized use of Your means of authorization; f. errors calculating network fees; g. corrupted data on The Company’s servers; h. incorrectly constructed transactions or mistyped wallet addresses; i. failure to update or provide correct information; j. phishing or other websites masquerading as The Company; k. delays, interruption or loss of services; l. loss or deprecation of scores, levels, points, items or assets within the Platform; m. loss of business or goodwill; n. procedure for executing challenges or game plays without the required authorization.

The Services support or are integrated with third party services. The Company takes no responsibility for any third party services and will not be liable for any loss or damages caused by such third party services.

The Services are provided on an “as is” and “as available” basis without any representation or warranty of any kind, whether express or implied, to the maximum extent permitted by applicable laws. The Company disclaims any implied warranties of title, merchantability, fitness for a particular purpose and/or non-infringement.

Severability and Waiver

Unless as otherwise stated in these Terms, should any provision of these Terms be held totally or partially invalid or unenforceable, such invalidity or unenforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of these Terms, and the application of that provision shall be enforced to the extent permitted by applicable laws.

The failure of the Company to exercise or enforce any of the rights or provisions of these Terms shall not be considered as a waiver of The Company’s rights to do so.

Indemnity

You agree to defend, indemnify, and hold harmless GOB, its affiliates, licensors, and service providers, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or related to your violation of these Terms of Use or your use of the Websites, including, but not limited to, any use of the content, services, and products of the Websites other than as expressly authorized in these Terms of Use or your use of any information obtained from the Websites.

Termination

The Company reserves the right to terminate these Terms or suspend Your access to the Services at any time, including but not limited to instances of alleged or actual misuse of the Services or violation of these Terms.

Modifications to the terms and conditions agreement

GOB reserves the right to modify or amend the Terms at any time and at its sole discretion. GOB will notify Users of these changes by updating the revised Terms on the website and changing the “[Last Updated: 10-12-24]” date on this page. Any and all modifications or amendments to these Terms shall become effective immediately upon being posted on the website or communicated to Users.

Continued use of GOB’s services constitutes acceptance of the modified agreement and rules. If you do not agree to any changes to these Terms, you must cease using the Services.

GOB STRONGLY RECOMMENDS THAT YOU FREQUENTLY REVIEW THE TERMS AND CONDITIONS TO ENSURE YOU UNDERSTAND THEM FULLY.

Governing Law and Jurisdiction

These Terms are subject for all purposes by the Civil Code and for the settlement of any dispute between THE PARTIES arising out of the creation, interpretation, execution and/or termination hereof, the Parties submit to the Court of Arbitration at the Malta Arbitration Centre, in accordance with the Malta Arbitration Act (Chapter 387 of the Laws of Malta).

Contacts

If You have any questions regarding these Terms, please contact us via our e-mail: [email protected]