eNDX:GO Fantasy Trading Game - Terms Of Use

  1. Who we are

Welcome to eNDX:GO.  This is an eSports trading game that creates a fantasy market in the players of the interactive video game Counter-Strike:Global Offensive (the Game).  It is operated and run by eNDX:GO Ltd. (eNDX, We, Us, Our) a company registered in the British Virgin Islands (BVI) under company number 2095517 with a registered office at Trinity Chambers, Road Town, Tortola, with a compliance and payment gateway that you will access through MARV Solutions Aps, a company registered in Denmark with a registered office at Rosenørns Allé 31, 2, 1970, Frederiksberg C, Copenhagen, 1970, Denmark.

  1. What we do

We provide an entertainment platform that allows for the purchase and sale of in-game fantasy ‘shares’, which are sold by the teams of professional players of the video game Counter-Strike:Global Offensive (Players) who have signed up to the platform.  Whilst eNDX in-game shares are not real shares, and do not provide any purchaser of them with any ownership or control over a Player, in common with most fantasy sports it is possible to make or lose money trading them (within strict limits - for which see below).  Therefore, and for the sake of our users' (Traders’) certainty and security, every sale is recorded on a proprietary utility blockchain ledger, which provides our Traders with the certainty that they really own and can really trade what they have been sold in-game by Players in the course of playing the Game.  All eNDX in-game shares are virtual assets sold directly on our Platform by the Players that they pertain to, and payment for those virtual shares is therefore to the Players, which is why we refer to them within these terms and our marketing as “In-Game Shares”, “eNDX Virtual Assets” and/or “Player Tokens”.  

  1. What we don’t do

This is not a gambling business, and we do not sell and we do not have custody or control over any of the eNDX Virtual Assets you purchase.  eNDX Virtual Assets are sold by the Players via the Team they pertain to, by means of our Game, on these terms.  eNDX Virtual Assets are held securely on your behalf in a crypto wallet provided for these purposes by our partner OpenFloor Ltd, and may only be traded upon the eNDX:GO Platform.  eNDX Virtual Assets may not leave the Game and are not a form of equity or security, provide you with no rights outside the eNDX:GO game itself and are strictly for use in-game only.  Please review our Frequently Asked Questions for more details.

  1. By playing the Game you accept these terms

PLEASE READ THESE TERMS (“TERMS”) CAREFULLY BEFORE USING THIS MARKETPLACE, THE TERMS CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU, THE PLAYERS, OTHER TRADERS AND eNDX.  BY PLAYING THIS GAME YOU ARE AGREEING TO BE BOUND BY THESE TERMS WHICH PERTAIN TO IT AND WHICH IS IN THE BRITISH VIRGIN ISLANDS.  IF YOU DO NOT AGREE TO THESE TERMS, DO NOT PLAY THE GAME AND WHEN PRESENTED WITH THE OPTION TO “AGREE” OR “DISAGREE” TO THE TERMS YOU MUST CLICK “DISAGREE”. You are also responsible for ensuring that all persons who play the Game through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

  1. Other terms which will apply to you

These Terms refer to the following additional terms, which also apply to your use of Our Game: Privacy Policy, our Cookie Policy, Acceptable Use Policy and the terms of our partners, such as Jumio. Our Acceptable Use Policy is below, and it sets out the permitted uses and prohibited uses of the Trade Pit within our Game. When playing the Game, you must comply with this Acceptable Use Policy.  Our Cookie Policy is described within our privacy policy, and sets out information about the cookies in the Game.  Our eNDX Coin Terms (below and within the Openfloor wallet terms) will apply to the sale, use and redemption of Our eNDX Coins.

  1. IMPORTANT NOTICES

BY USING THE MARKETPLACE, YOU ACKNOWLEDGE THAT: YOU ARE AWARE THAT ANY eNDX SHARES YOU PURCHASE ARE VIRTUAL DIGITAL ASSETS AND THAT THERE ARE THEREFORE NO REFUNDS.  THE VALUE OF eNDX VIRTUAL ASSETS WILL VARY; IF YOU BUY eNDX VIRTUAL ASSETS ON THE MARKETPLACE YOU MAY SELL THEM AT A HIGHER VALUE OR A LOWER VALUE THAN YOU PURCHASED THEM AND YOU MAY SUFFER A LOSS; TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER THE VENDOR OF THOSE eNDX SHARES NOR eNDX OR THE eNDX GROUP SHALL BE LIABLE TO YOU FOR YOUR LOSSES OR ANY ADVERSE OUTCOMES.

ALL eNDX:GO VIRTUAL ASSETS INCLUDING IN-GAME CURRENCY ARE HELD BY OPENFLOOR LTD AND WILL NOT BE TRANSFERRED TO OTHER WALLETS ELSEWHERE. THIS IS A GAME AND AS SUCH THEY MAY BE BOUGHT AND SOLD BY YOU ONLY WITHIN THE GAME.  

YOU NOW RELEASE US FROM ALL CLAIMS, DEMANDS, AND DAMAGES OF ALL KINDS ON AN ONGOING BASIS THAT ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH PLAYING ENDX GAMES. IN ENTERING INTO THIS RELEASE YOU EXPRESSLY WAIVE ANY PROTECTIONS (WHETHER STATUTORY OR OTHERWISE) THAT WOULD OTHERWISE LIMIT THE COVERAGE OF THIS RELEASE TO INCLUDE CLAIMS WHICH YOU MAY KNOW OR SUSPECT TO EXIST IN YOUR FAVOUR AT THE TIME OF AGREEING TO THIS RELEASE.

YOU ACKNOWLEDGE THAT THIS IS A GAME AND THAT IT IS INTENDED TO BE FUN, YOU ACCEPT THAT eNDX VIRTUAL ASSETS ARE NOT SHARES OR SECURITIES AND YOU ACKNOWLEDGE THAT BY PURCHASING AN ASSET YOU WILL NOT IN ANY WAY OWN A SHARE IN A COMPANY OR A PLAYER NOR HAVE ANY VOTING RIGHTS OR CONTROL OR ANY RIGHT TO A PROFIT-SHARE, REVENUE OR ANY DIVIDEND FROM eNDX ITSELF OR ANY OF THE PLAYERS ON eNDX:GO. IF YOU HAVE ANY QUESTIONS ABOUT THESE TERMS AT ALL THEN YOU SHOULD DIRECT THEM TO ops@eNDX.gg AND WE WILL ENDEAVOUR TO PROVIDE YOU WITH CLARITY.

  1. Changes to Terms

We amend these terms from time to time.  Every time you wish to play the Game, please check these terms to ensure you understand the terms that apply at that time, as by accessing the Game you agree to these terms as updated. These terms were most recently updated on 9 May 2023.

  1. We may transfer this agreement to someone else

We may transfer some or all of our rights and obligations under these terms to another company within the eNDX group of companies or an organisation outside the eNDX group. If this happens we will include a prominent notice within these terms.

  1. Territory

This Game is located, operated and run within the BVI.  All eNDX Virtual Assets sold for use in the Game are minted within the BVI and held in a wallet, by OpenFloor on your behalf, with the intention that only you may direct them to be traded exclusively on the eNDX:GO platform.  For both practical and security reasons, neither the eNDX Coins nor eNDX Virtual Assets may leave your OpenFloor wallet and so it follows, will never leave the BVI.  You accept that your purchase of eNDX Coins, eNDX Virtual Assets and any exchange or trade in those eNDX Virtual Assets therefore necessarily exclusively happens within the BVI in that jurisdiction. 

  1. Jurisdictions not Targeted

WARNING: THIS GAME IS NOT DIRECTED TO PEOPLE RESIDING IN ANY COUNTRY SUBJECT TO US, UK or EU SANCTIONS (SEE BELOW).   If you are a resident in or you are located in any of those jurisdictions you are not permitted and should not ever play the Game, directly or indirectly.  Neither should you play the Game if you are resident in (or are currently within) a country prohibited by any applicable export control and sanctions laws and regulations by the US, UK or the EU, including, without limitation: (i) Afghanistan, Belarus, Burundi, Central African Republic, Cuba, Democratic Republic of the Congo, Egypt, Eritrea, Iran, Lebanon, Libya, Mali, Syria, Republic of Guinea, Republic of Guinea-Bissau, North Korea, Russia, Somalia, South Sudan, Sudan, Tunisia, Venezuela Yemen, Zimbabwe and the region of Crimea, or (ii) anyone on the EU Sanctions list or the U.S. Treasury Department's list of Specially Designated Nationals or other sanctions lists.

  1. Suspension of the Game or of certain eNDX Virtual Assets

We will continually strive to improve and upgrade our products, and we may apply those changes to the Game at our own discretion. Such upgrades and updates may not include all of the existing features and/or may incorporate new features.  We do not guarantee that the Game, or any of eNDX Virtual Assets on it, will always be available or will be uninterrupted.  We may suspend or withdraw or restrict the availability of all or any part of the Game, or access to the Game in or from certain jurisdictions, for business or operational reasons, without notice to you.  We may suspend or withdraw or restrict the availability of certain eNDX Virtual Assets on the Game for the same reasons, or additionally because we consider that our Trading Rules have been breached either by Traders or Players. 

  1. Your eNDX Account

In order to access any Game run by the eNDX group of companies, including the eNDX:GO Game, You must apply for an account with Us (eNDX Account).  In order to do this you must provide your legal name, a valid email address and a password.  This is I.D. Level 1 and provides you with basic access to the Game.  In order to purchase eNDX Coins and use them to purchase eNDX Virtual Assets you will need to reach I.D. Level 2 which requires you to go through the full Jumio I.D. verification process, all of which data will be handled in accordance with our Privacy Policy and you will be obliged to agree to any and all terms which Jumio and its partners may demand.

  1. Your Eligibility

To play the Game at all you will need to be eligible and, if so, will have to accept these Terms.  In order to be eligible you must: (i) be at least 18 years old; (ii) be legally capable of agreeing to these Terms; (iii) not have an eNDX account already; (iv) not ever have been suspended or forbidden from using any other eNDX facilities; (v) not be resident within the United States or China or another jurisdiction not targeted; and, (vi) ensure that your use of Our Game will not violate any and all laws or regulation applicable to you.  eNDX may refuse in its sole discretion to open an eNDX Account for you, without explanation.  You must provide accurate and complete information when opening an account with us, which you must keep up to date on an ongoing basis.

  1. Identification Investigation

The eNDX Group take their responsibility to identify their Users very seriously, we do all that we reasonably can in order to ensure that We comply with any and all relevant regulations and guidelines for the prevention of money laundering and the funding of terrorism.  We may be obliged by law to ensure that we have adequately verified your identity, therefore you permit Us to conduct such investigations as we consider necessary, either ourselves or by means of a third party, in order to verify your identity.   Such due diligence is intended to fulfil our anti-money laundering obligations and to try to protect you, other Users and Ourselves from fraud or other financial crime.  By your registration to play the Game, and without further notice, you permit Us to take any and all actions reasonably necessary to carry out such investigations, and to investigate whether or not you may have breached these terms and conditions, and that any and all evidence as we find including any personal information may be disclosed to credit bureaus and agencies in order to assist in the prevention of fraud and financial crimes.

  1. Account security

You must keep your password, and any other information particular to our security procedures, completely confidential and secure. Your account is particular to you and only you may access and use your account.  We have the right to disable any user account or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.  In such circumstances we will hold your eNDX Virtual Assets, eNDX Coins and any monies in your account securely until such time as we can be certain that either your account is secure and we are able to provide you access OR that you are in breach of our Terms in which case your account will be cancelled.  We will not be responsible for any change in eNDX Share value for the duration of that time and you hereby indemnify us against any such difference.  If you know or suspect that anyone other than you has accessed your account, or knows your password, you must promptly notify us at ops@eNDX.gg.

  1. Account Cancellation

You may wish to terminate your agreement with us and have us cancel your eNDX Account.  Should you request that we do so OR should you breach these Terms, or should we be obliged by law or by a legal or regulatory authority, or by a Court, to terminate your ability to use this Game, your account will be locked and We will immediately liquidate your positions (on all of our Games that you are engaged in) at the current best available price, and if we are permitted by law, then we will transfer the eNDX Coin sale value together with any other eNDX Coins back into your fiat wallet at the then current value.  You accept that we may be prevented by law from doing this, and furthermore if we suspect there has been money laundering you also accept we may not be able to communicate with you about the issue, or at all.  Should your eNDX Account be terminated, to the extent that we are required to retain transactional (and any other) information in order to meet data retention standards, we shall do so in accordance with our Privacy Policy.  Should you request that the information within your eNDX Account be forgotten (in accordance with GDPR or other equivalent regulations) that request will also be managed in accordance with our Privacy Policy.  Should we suspect, or be advised by an authority that you have been laundering money, or some other illegal activity, and we are not permitted to return your funds to you, those funds will be held in your fiat wallet until the issue has been completely resolved and you are able to provide adequate evidence of such resolution to Us, that is acceptable to us in Our sole discretion.  Until such an incident is completely settled We will not be involved.  You hereby agree that We shall have no responsibility nor any liability to You for your inability to withdraw funds or play the Game until that time.

  1. Your use of our Game

We only permit use of our Game if ALL of the following provisions are followed, if you do not follow them in their entirety then you should not ever have had access to the Game – you therefore hereby agree you will comply with the following provisions (“Acceptable Use Policy”).  Your use and continued use of our Game and of any eNDX eNDX Virtual Assets shall at all times:

  1. only be used for domestic and private use that is personal to you.  Our Game is intended to improve your enjoyment of the sport, and is provided to you for entertainment use only, and You agree not to play the Game for any commercial, speculative or business purposes, and we have no liability to you for any loss of profit, loss of business, loss of revenue, loss of goodwill or reputation, business interruption, or loss of business opportunity or any other indirect consequential loss or damage;
  2. be in accordance with the requirements of all of the laws and regulations applicable to you, these Terms (as they may be amended and updated), and any correspondence with or guidance We may provide you;
  3. not infringe our or any third-parties intellectual property rights;
  4. not be against public interests, public morality, or the concerns or legitimate interests of others, including any actions that would interfere with, disrupt, negatively affect other Users;
  5. be used in a manner which is intended to affect any market in any real-world asset, share, bond, derivative, currency, cryptographic instrument or otherwise, other than the Game itself for the purposes that it was intended in accordance with these Terms;
  6. never be used, bought or sold, directly or indirectly, on any market outside the Game;
  7. avoid market manipulation of any sort (including but not limited to, front running, pumping and dumping, and refrain from any form of fake or disingenuous commentary or recommendation);
  8. deposit monies within your Account that have been fraudulently, or illegally acquired;
  9. not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to the Game or any services provided via, or in relation to, the Game.  This includes using (or permitting, authorising or attempting the use of):
  1. Any "robot", "bot", "spider", "scraper" or other automated device, program, tool, algorithm, code, deep linking, script, or methodology to access, obtain, copy, monitor, republish, replicate or bypass any portion of the Game or any data, or content, or the navigational structure or presentation of information accessed via the same;
  2. Any automated or machine learning or AI method or technique intended to analyse digital content on the Game in order to track patterns, trends and correlations.

The provisions in this clause should be treated as an express reservation of our rights in this regard, including for the purposes of Article 4(3) of Digital Copyright Directive ((EU) 2019/790).

  1. not try to obtain access to any part or function of the Game without our express authorization, or gain access to the Game by hacking, password mining or any other illegal or prohibited means, or to otherwise interfere with the normal operation of the Game;
  2. not test the vulnerabilities of the Game or any computer on any linked network, whether owned by the eNDX group of companies or not, nor to violate any security or authentication measures put in place to keep the Game secure;
  3. not be framed on any other website, nor linked to any part of the Game other than the home page, not establish a link to the Game in any website that is not owned by you, not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists, nor damage our reputation or take advantage of it.
  4. ensure that you abide by your local laws in relation to your usage of our Game in your local jurisdiction as well as other laws and regulations that may be applicable.
  5. take account of their local laws all aspects of taxation, including particularly the  reporting of any profits that may have been made and ensuring that such tax as may be payable on those monies is remitted to the appropriate tax authorities.  

  1. eNDX In-Game Shares

  1. The eNDX Blockchain: eNDX Coins and all of eNDX Virtual Assets within your OpenFloor wallet, as well as the details of their purchase and sale are recorded upon a proprietary eNDX Ethereum blockchain (the Blockchain).  eNDX Virtual Assets are digital assets that may be collected and stored in your wallet OR traded on the Game in accordance with these Terms and every eNDX Coin and each eNDX Share that is minted and traded, and the details of every transaction, are irrevocably and immutably recorded on that Blockchain.  In common with all in-game virtual assets nothing leaves the game.
  2. eNDX Virtual Assets: Each eNDX Share is an in-game Blockchain-based virtual asset, and represents a tradable in-game unit, commensurate with the value that Traders on the Game perceive each Player to have.  Every Player selling eNDX Virtual Assets on the Game has either directly or by means of their team entered into a formal agreement with eNDX in order to do so.
  3. Your Wallet: All of eNDX Virtual Assets are minted and are securely held by OpenFloor Ltd in the BVI (OpenFloor) by means of a cryptographic electronic game wallet, which is particular to you and which will allow you to store, and engage in transactions.  Please note that whilst you may direct that eNDX Virtual Assets that you have invested in be purchased or sold by OpenFloor, which is reflected upon the eNDX:GO Game (and whilst you will make either a very real a profit or a loss on such trades) eNDX:Go eNDX Virtual Assets are in-game only and therefore are particular to and may therefore not be used outside eNDX:Go and eNDX Coins may not be used outside eNDX  Games (but may be used across them in accordance with the eNDX Coin terms below). Neither eNDX Virtual Assets nor eNDX Coins will ever leave the OpenFloor nor the BVI.  For the avoidance of doubt, eNDX Virtual Assets are a Utility Crypto, and whilst they have been sold on the instructions of the Players they pertain to, are not compatible with any other digital wallet and you will not be able to demand, and eNDX is  not permitted, to provide you with eNDX Virtual Assets outside the bounds of the Game.
  4. Player Authorisation: Every eNDX Share that is minted and traded on the Game has been created and is used with the explicit prior written permission of the CS:GO Player that it pertains to, and who has agreed that eNDX Virtual Assets in his name represent his perceived value by Traders on the eNDX:GO Game.  
  5. Fixed Limit to eNDX Virtual Assets: There are a strictly limited number of eNDX Virtual Assets that are minted in relation to each Player which will never ever change, though they will each only be sold to the market as they are purchased by means of new money within the Game.  Once the maximum number of eNDX Virtual Assets has been minted in respect of each Player no more shall be minted.
  6. Splits: In certain circumstances We may decide in Our sole discretion that eNDX Virtual Assets should be ‘split’ in which case, the price would halve but You will be awarded with twice the number of additional eNDX Virtual Assets in order to ensure that they represent precisely the same value within your eNDX Account.
  7. Wallet Limits: The Game is for your entertainment only, therefore we keep strict wallet limits in place and you will only be able to deposit E$250 within your eNDX Account per day, you may not transfer more than $999 in one transaction and there is a wallet maximum deposit size of E$1500, although if you are successful within the game you wallet could hold more (similarly if you are unsuccessful it will hold less than you deposited).

  1. Buying and Selling eNDX In-game Shares

Once you have purchased the in-game currency you will be able to use those Coins to buy fantasy stocks / eNDX In-game Shares from the Players issuing eNDX Virtual Assets within the game. eNDX Coins that have not previously been used to purchase anything on the Game will purchase eNDX Virtual Assets directly from the Players themselves.  Each time you buy or sell eNDX Virtual Assets there will be a small Platform Fee (see below) to cover our costs of running and to pay for your use of the Game:

  1. Buying and Selling: Whenever you wish to buy or sell a eNDX Share (a Trade), your account will be promptly updated to reflect the Trade you are proposing, and your Trade will be included in eNDX’s in-game order book to match the Trade’s proposed by other Traders playing the Game.  Unless you have made a Limit Order (see below) if one of your Trades fully or partially matches another Trader’s Trade, (by means of a third-party matching engine) eNDX will procure that exchange (a Transaction) at the best price that is available, for as many eNDX Virtual Assets as are available. eNDX will then fulfil a Transaction at the next best price available until the Trade that you have proposed is completed to the extent that is possible, or the order book is empty.  If the order book is emptied before your Trade has been completely filled the remainder of your Trade will be cancelled.  For the avoidance of doubt if your Trade has been completed at two or more different prices, then the price at which you will have been deemed to have executed that Transaction shall be the blended price pro rata the number of eNDX Virtual Assets sold at each price. Once the Transaction is executed, your Trader Account will be updated to reflect that the Trade has been fully executed and closed, or the Trade has been partially executed (a “Market Trade”). Such Trades will either be executed as above, fully or partially filled, or cancelled under paragraph c) below. You accept that in some market conditions, you may find it difficult or impossible to sell your eNDX Virtual Assets. This may occur for a number of reasons, including but not limited to as a result of insufficient market liquidity or technical issues on the eNDX:Go Game or within OpenFloor where your eNDX Virtual Assets and eNDX Coins are securely held.  We do not permit multiple trades at the same time and currently limit your trades to a single trade per second, but this trade rate may vary. eNDX DOES NOT GUARANTEE THAT ANY TRADE WILL BE EXECUTED, ACCEPTED, RECORDED OR WILL REMAIN OPEN.  You may be required to hold onto your eNDX Virtual Assets indefinitely.  We reserve the right to place or procure the placement of Trades on the Game Ourselves but will only do so: (i) in order to ensure that the Market has sufficient liquidity to operate; and, (ii) in a manner which means that any Trade (or series of Trades) is ultimately not profitable to Us.
  2. Limit Trades: Trades may either be handled on the Market Trade basis above or may be placed on a limit order basis, "at the limit" (a “Limit Order”).  Limit Orders are set and then will run until you turn them off, they will remain on your trade book until cancelled by you.  Unless you turn a Limit Order off – it will continue to try and trade, so you must be careful when setting them.  A Limit Order or series of Limit Orders will assist with the automation of your trading, allowing you to set a maximum or minimum price at which you are willing to buy or sell eNDX Virtual Assets, and allowing the system to trade for you.
  3. Cancelling Trading: You may only cancel a Trade before that Trade has been matched with another Trader’s Trade.  As soon as your Trade has been matched with another Trader’s Trade you may not revoke, cancel or amend the Trade, and you hereby waive any right you may otherwise have had to do so inter alia on the basis that these are digital assets.  For any partially matched Trade, you may cancel the unmatched part of the Trade unless such portion has been matched.  We reserve the right to reject any cancellation request related to the Trade you have submitted.  If your Trader Account does not have sufficient amount of eNDX Coins to complete a Transaction, We may decide at our option to cancel the entire Trade, or execute part of the Trade using only the eNDX Coins remaining in your wallet.
  4. Platform Fees: Every time you buy or sell a eNDX Share you will pay a small amount to Us for facilitating the sale and to cover any and all costs of recording it upon the Blockchain (the Platform Fee).  The Platform Fee for Market and Limit Orders shall be calculated as 1% of the value of the total Transaction value.
  5. TOKEN DATA NOTICE: YOU AGREE THAT TO THE EXTENT PERMISSIBLE BY LAW WE WILL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR RELATING TO: (A) ANY INACCURACY, ERRORS OR OMISSION IN PLAYER TOKEN DATA, (B) ANY ERROR OR DELAY IN THE TRANSMISSION OF SUCH OF PLAYER TOKEN DATA (C) ANY INTERRUPTION IN ANY OF PLAYER TOKEN DATA OR (D) REGULAR OR UNSCHEDULED MAINTENANCE CARRIED OUT BY US OR AN eNDX GROUP COMPANY OR ONE OF OUR THIRD PARTY SUPPLIERS AND OR SERVICE INTERRUPTION AND ANY CHANGE RESULTING FROM SUCH MAINTENANCE.

  1. eNDX Coins

In order to purchase eNDX Virtual Assets, you will first be required to top-up your eNDX Account by purchasing in-game currency, our eNDX Coins or ‘E$’ (an “eNDX Coin”).  

  1. Game for eNDX Virtual Assets: eNDX Coins may only be used to purchase eNDX Virtual Assets they may only be used on the eNDX:GO marketplace, and for securities sake they will not leave your OpenFloor wallet unless you spend them on a eNDX Share or you change them back into fiat money.  Unlike eNDX:GO eNDX Virtual Assets however eNDX Coins may be used on all of our Games - not just the eNDX:GO marketplace.  
  2. Pegged to the Dollar: The value of each eNDX Coin is linked intrinsically to the US dollar.  Every eNDX Coin that you wish to buy will cost you a dollar and for every eNDX Coin that you would like to convert back to fiat currency - it will always be worth one US dollar.  eNDX Coins are created to be used exclusively upon the eNDX Games.  You accept therefore that you bear an exchange rate risk if you are using another currency to purchase eNDX Coins and you purchase them at a time that your currency is stronger against the dollar than when you sell back your eNDX Coins.  You accept that in purchasing an eNDX Coin, you have simply purchased a cryptographic digital asset and for so long as you hold that digital asset no interest shall be paid to you and that the asset in question may only be used to purchase eNDX Virtual Assets.
  3. Redemption: eNDX Virtual Assets’ values are displayed upon the Game in eNDX Coins, and when you sell your eNDX Virtual Assets you will have that amount of eNDX Coins deposited within your eNDX Account minus our standard Platform Fee.

  1. eNDX Account Limitations

Your use of your eNDX Account is subject to the following strict limitations:

  1. There is a e$250 limit to the number of eNDX Coins you may purchase and/or transfer back into your fiat currency on any given GMT day;
  2. You may not make any in-game transaction larger than e$999; and,
  3. You may not deposit more than E$1,500 in eNDX Coins, in your eNDX Account wallet.

These limitations may be amended at any time should we be required to amend them by law, or by any regulatory body or because we deem it appropriate in our sole discretion.  Limitations apply only to your use of eNDX Coins and not to the value of eNDX Virtual Assets in your eNDX Account which we accept will go up and down in value.

  1. Intellectual Property Rights

We either own or we license all of the intellectual property rights incorporated within the Game, including particularly the copyright within the text, images, user interfaces, visual interface, software, photos, and graphics published on it, together with the design, structure, look and feel, and layout of the Game – as well as all of the data that the activity of eNDX Traders have created upon it (Game Data).  Those works are protected by copyright laws and treaties around the world.  All such rights are reserved.  If you copy, download, share, print off or repost any part of the Game in breach of these terms of use, your right to play the Game will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.  You may also face a claim for injunctive relief and infringement of those rights by us or by our licensors, and until such time any and all such rights to bring such claims should be considered reserved.

  1. Copyright Notice

By these Terms We hereby provide you notice that We own the copyright in our software and the Game Data and within our Trade Mark(s).  You may not copy, modify, replicate, duplicate, download, store, transmit, disseminate, disassemble, broadcast, publish, remove or alter any copyright statement or label, or license, sub-license, sell, mirror, design, rent, lease, private label, or create their derivative works or otherwise take advantage of our software or the Game Data and that it will be considered an infringement of that proprietary copyright to do so, including particularly to create:

  1. data feeding, streaming or bulletin board, or trading services playing the Game data; or,
  2. other services, websites or apps that charge for or otherwise profit from (including through advertising or referral fees) by the inclusion of or reference to Game Data; or,
  3. any other forms of commercial exploitation or other use of our Game Data.

  1. Trade Mark Notice

eNDX is a registered trade mark of eNDX Technologies Ltd use of which is provided to the eNDX Group under licence.  You are not permitted to use it without approval.  Any goodwill produced by any use by anyone of the eNDX trade mark(s) shall automatically vest with or be assigned by these Terms back to eNDX Technologies Ltd.  The trade marks of the teams that are featured on the platform belong to each of those teams, eNDX make no claim to those marks and the use of those marks is strictly in accordance with the terms of our licences with the teams.  Any and all goodwill associated with the use of those team marks shall vest automatically with the relevant teams.

  1. Uploading content to the Game

Whenever you make use of a feature that allows you to upload content to the Game, or to make contact with other Users of the Game, you must comply with the content standards set out in our Acceptable Use Policy.  You warrant that any such contribution (which becomes User Generated Content) complies with all of those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we or our other Users suffer as a result of your actions which breach that warranty.  You should note that any content you upload to the Game will be considered non-confidential and non-proprietary.  You will retain all of your ownership rights in your content, but you are required to grant us a limited licence to use, store and copy that content and to distribute and make it available to third parties. We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to the Game constitutes a violation of their intellectual property rights, or of their right to privacy.  You are solely responsible for securing and backing up your content.  We do not store terrorist content.

  1. User-generated content is not approved by Us

The Game may include information and materials uploaded by other Users of the Game, including to bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other Users on the Game do not represent our views or values, and we do not monitor content that is uploaded to our site, but when notified or should we find such content ourselves, we have the right to remove any posting you make on the Game if, in our sole opinion, your post does not comply with the content standards set out in our Acceptable Use Policy.

  1. How to complain about content uploaded by other Users

If you wish to complain about content uploaded by other Users, please promptly contact us on: ops@eNDX.gg.

YOU HEREBY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMISSIBLE BY LAW WE WILL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR RELATING TO: ANY DAMAGES INCURRED BY OTHER USERS’ ACTIONS, OMISSIONS OR VIOLATION OF THESE TERMS, AND OR ANY DAMAGE CAUSED BY ILLEGAL ACTIONS OF OTHER THIRD PARTIES INVOLVING THE EXCHANGE OR eNDX Virtual Assets.

  1. Rights you are giving us to use material you upload

When you upload or post content to the Game, you grant Us and the other companies in the eNDX Group the following rights to use that content: a worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform that user-generated content in connection with the service provided by the website and across different media including to promote the Game, in perpetuity.

  1. Our responsibility for loss or damage suffered by you

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation. HOWEVER TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW YOUR ACCESS TO AND ANY USE BY YOU OF THE EXCHANGE AND ANY eNDX VIRTUAL ASSETS ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE THEREFORE EXPRESSLY DISCLAIM, AND TO THE EXTENT PERMISSIBLE YOU WAIVE, ANY AND ALL OTHER WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR PURPOSE, REASONABLE SKILL OR CARE, NON-INFRINGEMENT, OR WARRANTIES ARISING FROM A COURSE OF DEALING.  THIS DISCLAIMER OF IMPLIED WARRANTIES MAY NOT APPLY IF AND TO THE EXTENT IT IS PROHIBITED BY THE APPLICABLE LAW OF THE JURISDICTION WITHIN WHICH YOU RESIDE.

  1. Limitation of Liability for Consequential Losses

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE, OR ANY OTHER COMPANY WITHIN THE eNDX GROUP, NOR THE RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, AGENTS, REPRESENTATIVES, SUPPLIERS OR CONTRACTORS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES OR LIABILITIES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA, INFORMATION, REVENUE, PROFITS OR OTHER BUSINESSES OR FINANCIAL BENEFITS) ARISING OUT OF YOUR USE OF THE EXCHANGE EXCEPT TO THE EXTENT OF A FINAL JUDICIAL DETERMINATION THAT SUCH DAMAGES WERE A RESULT OF eNDX’S GROSS NEGLIGENCE, FRAUD, WILLFUL MISCONDUCT OR INTENTIONAL VIOLATION OF LAW.  TO THE EXTENT THAT YOUR JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

  1. No Viruses

We do not guarantee that the Game will be completely secure or free from errors, bugs or viruses. You are responsible for configuring your computer system, computer programmes and platform to access the Game.  You must use your own virus protection software.  You must not misplay the Game by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not try to gain unauthorised access to the Game, the server on which the Game is stored, or any server, computer or database connected to the Game, or anywhere within the ENDS group.  You must not attack the Game via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to play the Game will cease immediately.

  1. eNDX Competition and Promotion Terms and Conditions

From time to time we may invite you to enter competitions relating to our Games and in such circumstance the following terms and conditions will apply to you:

TRADING COMPETITION TERMS AND PROMOTIONS

  1. No purchase is necessary to enter or to win the Competition and any purchase made will not increase the chance of winning.

  1. A Competition will run for a “Competition Period” which shall be defined where the Competition is announced, and will close when stated with the principal terms (the “Closing Date”).

  1. By entering the Competition you are deemed to have accepted these competition terms and conditions (“T&Cs”) and the principal terms.

  1. The details of the Competition in the announcement form part of the T&Cs.

  1. Any breach of these T&Cs may result in any prize being forfeited, at our sole discretion.

  1. To participate in the Competition, entrants must not be ENDX employees, third parties involved in the Competition, their families, agents or anyone else in any way professionally connected with this Competition, and must meet the following requirements (the “Eligibility Criteria”):

a. reside in a geographic location that is permitted to play eNDX; and,

b. be at least 18 years of age or older; and,

c. have access to the internet; and,

d. have a valid and active eNDX account.

THE PRIZE

  1. Will be as described within the Competition announcement.

HOW TO ENTER

  1. Every person who meets the Eligibility Criteria (“Entrant”) shall be entitled during the Competition Period, to follow the steps described within the Competition announcement in order to enter the Competition, it may not be entered on behalf of anyone else.

  1. No bulk, software-generated, automatic, or third-party entries shall be accepted. If a false name is used, that Entry will be disqualified.

  1. Only entries that have been completed in full will be entered into the competition. ENDX does not accept any responsibility for late, lost, delayed or damaged entries and cannot be held responsible for any inability to submit entries as a result of computer service, systems and/or server failure, error, interruption, defect or delay or any other technical malfunction.

  1. Any Prize is non-transferable and no cash or other alternatives will be offered. If the Prize is no longer available due to circumstances beyond ENDX’ control, a prize of equal or greater value will be provided. The Prize is only redeemable by the named Winners. It must not be sold on.

CONTACTING THE WINNER

  1. ENDX will make reasonable efforts to notify the Winner of the Prize by means of replying directly to the winning comment of the social media account used to submit the winning Entry. ENDX is not responsible for any contact details which recorded incorrectly or security settings of the Instagram account prohibiting personal messaging.

         PROMOTIONS

ENDX will occasionally offer Traders ENDX currency as part of a promotion. To qualify for withdrawal of this promotional currency, Traders must not only use it within the active trading market, but must also achieve a total trading volume of shares equal to at least three times the value of the promotional funds received. Specifically, Traders must purchase and then sell shares that are actively trading. Shares in IPO, Proxy, or any other non-trading state do not qualify for this requirement. The primary intention behind this promotion is to motivate Traders to engage in substantial and active trading. Thus, before any promotional funds can be withdrawn as cash, they must have been used in the active trading market to meet the specified trading volume requirement.

Warning: If ENDX believes, for any reason and in its sole discretion, that Traders are taking unfair advantage of promotions, such as engaging in minimal trading just to withdraw promotional funds, operating in concert with other players, using or controlling more than one account, or acting in any other devious or cynical manner rather than genuinely playing the game, ENDX reserves the right to liquidate all of a player's positions and all of the accounts linked to the same IP address. In such cases, ENDX will return to the Trader accounts only the money that was deposited within the game to date.

Similarly, if ENDX gifts promotional in-game shares to Traders, these shares must be sold, and the proceeds must be used to purchase other actively trading shares. Only after achieving the requisite trading volume of three times the value of the promotional shares can the funds derived from these promotional shares be withdrawn.

  1. eNDX Scratch Card Terms and Conditions

ENDX Scratch Cards can only be redeemed for ENDX In-game Coins ‘Coins’ online at www.endx.gg (and are subject to these terms and conditions).  Scratch cards cannot be redeemed against Coins that have already been purchased for cash.  Scratch cards are valid for 6 months from the date of the last use - after which the remaining balance may be deducted. You may only upload the whole amount from your Scratch Card.  

Look after your Scratch Card. ENDX will not accept liability for lost, stolen or damaged cards. ENDX reserves the right to refuse to accept a Scratch Card which it deems to have been tampered with, duplicated, damaged or which otherwise is suspected to be affected from fraud.

ENDX reserves the right to amend these terms at any time without notice and to take action, including the cancellation of a card, if it deems such action necessary.

  1. Not an agent

We provide the Game independently of you and not in association with, or by way of a joint venture, partnership, or franchise between you and us.  Whilst funds from the sale of Player tokens are provided to the Players and their teams, they are minted by OpenFloor and END:GO simply provides you with a means to direct their movement on that Game and not on behalf of or at the behest of any Player or team.

 

  1. Force Majeure

You agree that you will not hold us liable for any delay or inability to perform as required by these Terms because of any force majeure event, or series of events, beyond Our reasonable control.

  1. Severability

If any provision of these Terms is out of date, invalid, illegal or unenforceable, it shall be deemed amended to the extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted.  Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the Terms.

  1. Entire Agreement

These Terms apply to the exclusion of any and all different terms or conditions and you agree that you have relied upon them exclusively when deciding whether to play the Game.

  1. Waiver

Any failure by Us to enforce any aspect of these Terms of recover any monies owed by you to us, shall not constitute a waiver thereof and we may at any time avail ourselves of the remedies open for any breach of them.

  1. Dispute Resolution

These eNDX Terms of Use, their subject matter and their formation, are governed by the BVI and, in accordance with clause 3 and clause 8 of these terms, the Courts of the BVI shall have exclusive jurisdiction over any and all disputes that may arise as a result or in connection with your use of the Game of any eNDX Share that has been issues by OpenFloor.  Any and all claims arising as a result of your use of Our Game must first be raised directly as a complaint with Us and then if We are not able to resolve the issue between us, may only then be resolved by arbitration in accordance with the BVI Arbitration Act 2013.  The Parties agree that the arbitration, and its existence, shall be kept confidential and not disclosed to any entity beyond that directly involved in the Arbitration itself, which both parties shall seek to resolve as quickly as possible.  By your use of the Game and or purchase of eNDX Virtual Assets you also agree to waive any right for such claims to be brought, heard, or arbitrated as a class or collective to the extent permissible by applicable law.

  1. Withdrawals

Timing of Withdrawals: Users may request the withdrawal of funds from their endx.gg account at any time, subject to the provisions set forth herein. While ENDX endeavours to process and complete withdrawal requests promptly, users acknowledge and agree that withdrawals may take up to forty-eight (48) hours to be processed. Withdrawal times may vary based on the verification process and other factors.

Minimum and Maximum Withdrawal Limits: ENDX reserves the right to set minimum and maximum withdrawal limits on a daily basis. These limits are subject to change and may be influenced by factors including but not limited to network fees, transaction fees charged by third-party service providers, and market conditions. Users will be informed of these limits through their account interface or via notification.

Review of Documentation: Users acknowledge that prior to processing any withdrawal request, endx.gg reserves the right to review the user’s documentation and verify the user’s identity in accordance with Know Your Customer (KYC) regulations and endx.gg’s internal policies and procedures. This review process may impact the timing of the withdrawal.

Review of Trading Activity: In addition to the KYC review, endx.gg may, at its sole discretion, review the user's trading activity to ensure compliance with applicable laws, regulations, and ENDX’s policies and procedures. This may include but is not limited to reviewing transactions for indications of money laundering or other illicit activities.

Completion of Withdrawals: Withdrawals will only be completed after the successful conclusion of the aforementioned reviews to the satisfaction of ENDX. ENDX reserves the right, at its sole discretion, to decline a withdrawal request should the user fail to satisfy the KYC requirements or if there are concerns related to the user’s trading activity or compliance with applicable laws and regulations.

Fees: Users acknowledge that withdrawal transactions may be subject to fees imposed by endx.gg or third-party service providers. Such fees may vary and will be disclosed at the time of the withdrawal request.

Communication: ENDX will endeavour to communicate the status of the withdrawal request to the user at various stages of the process. However, the user agrees not to hold ENDX liable for any lack of communication or delay in the processing of the withdrawal that may arise due to necessary reviews, imposition of withdrawal limits, fee assessments, or other processes as required by law or ENDX’s internal policies and procedures.

Changes to Withdrawal Policies: ENDX reserves the right to amend, modify, or update the withdrawal policies and procedures at any time. Continued use of the ENDX platform constitutes acceptance of the revised terms and conditions.