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ToS Doomies

BIG HEAD CLUB LTD.

TERMS AND CONDITIONS

(“DOOMIES”)

Last Updated: January 31, 2023

PLEASE READ THESE TERMS OF USE ("TERMS") CAREFULLY. BY PARTICIPATING IN THE GAME KNOWN AS "DOOMIES” ("DOOMIES” OR THE “GAME”), YOU (ALSO REFERRED TO AS THE “PARTICIPANT” OR “PLAYER”), AGREE TO THESE TERMS AND ALL THE CONDITIONS INCLUDED IN THESE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT PARTICIPATE IN THE GAME.

These Terms dictate the rules, restrictions, obligations, and responsibilities while playing the Game. The Terms affect your legal rights and obligations so if you do not agree with the Terms you may not play the Game.

General

  1. The organizer of Doomies is Big Head Club Ltd. (“we”, “us” or “Big Head”), a corporation formed under the laws of the Province of British Columbia, Canada.

  1. Doomies is a turn-based strategy game. To play a Game, a Player is required to own a digital code on the Ethereum Blockchain known as “Doomies” (each a “Doomies NFT”). There is no utility provided by Big Head Club.

  1. A Doomies NFT cannot be purchased but can be obtained for no consideration to BHC by interacting with the contract or minting on the doomies.xyz site.

(*) – You are responsible for paying transaction fees (known as “Gas Fees”), required by the Ethereum network for every transaction that occurs. The Gas Fees are not paid to Big Head nor do we have over its pricing. You are also solely responsible to pay any and all sales, use, value-added, and other taxes and duties associated with purchasing a Doomies NFT.

  1. Each Doomies NFT allows its holder to play one (1) single game - and only one (1) Game. Once you have played a Game using your Doomies NFT, then that Doomies NFT will not be able to be used to play any other Games.

  1. Big Head has allocated Doomies collection which contains Eight Hundred (800) Doomies NFTs. Big Head does not provide or intend to provide a secondary marketplace for the Doomies NFTs. A Doomies NFT does not constitute ownership of Big Head nor do we guarantee any value to the Doomies NFT in and of itself. After the sale of a Doomies NFT to you, the ownership of the Doomies NFT, is transferred from the digital contracts we’ve developed to enable Participants to connect their wallets to the Game (“Smart Contract”) to the purchaser and concludes the transaction.

Rules of the Game

  1. When a Doomies NFT is created, a set of seven individual stats is randomly generated by the Smart Contract. Five (5) of the stats have a value of One (1) through Ten (10). Two (2) of the stats are always zero (0).

  1. At the beginning of each Game, eight (8) weapons are placed in the center of the board. For each Game, the same weapon type will be placed on its appropriate square. Each weapon has a set of seven (7) individual stats that are randomly generated by the Smart Contract. Each of these stats has a value between -2 and +3. There will always be two (2) stats with a value of zero (0).

  1. When a Player picks up a weapon, for each of the seven stats, the Player stat is added to the weapon stat, which may increase or decrease the total stat value. If the Player's first stat has a value of 5 and the weapon's first stat has a value of +3, the total value of the Player's first stat becomes 8. If the Player's second stat has a value of 1 and the weapon's second stat has a value of -3 the total value of the Player's second stat is zero (it will not decrease below zero). If the Player's third stat is a 5 and the weapon's third stat is  -2 the total value of the Player's third stat is 3.

  1. A Game begins automatically once Sixteen (16) players have joined. The Smart Contract owner can manually start the Game if less than Sixteen (16) players have joined.

  1. There are Sixteen (16) valid starting positions on the outer edges of the 9x9 playing board.

  1. A Player can move once per turn. Each turn lasts 24 hours. A Player can move one direction away from their current position on the board, either up, down, left, right, or diagonally.

  1. If a Player moves onto a position with a weapon, they will pick up that weapon and their stats will be adjusted accordingly.

  1. If a Player is already holding a weapon and moves onto a position with another weapon, they will drop their current weapon, which is deleted from the Game, and pick up the new weapon. Their stats will be adjusted accordingly.

  1. During a turn, as each Player moves, their moves are immediately seen on the board once the blockchain has confirmed the transaction.

  1. At any time, a Player may click on any Player or weapon on the board and view their stats so that they are able to compare those stats with their own.

  1. A battle occurs when a Player moves onto a square already occupied by another Player.

  1. When a battle occurs, the Blockchain automatically executes a number of dice rolls to determine the winner. A Game dice is rolled for each of their stats. The number of sides on the dice they roll is equal to the value of their stat. The Player with the highest number rolled during each round wins that round. If the roll is a tie, [ a re-roll occurs / ] until there is a winner. [ A tie may result if there are two stats with zero values If at the end of all dice rolls the result is a tie, the winner is determined by coin flip. ]

  1. The battle is won by the player with the most successful dice rolls. If there is a tie in the number of dice rolls (due to zero-zero ties), there is a coin flip to randomly determine the winner.

  1. Players continue to make turns, one move every 24 hours, all while strategizing towards how to be the last Doomies NFT standing.

  1. The Game is over when there is only one Player remaining or if, following a turn with a battle, [six] further turns are completed with no battles.

Owning a Doomies NFT

  1. You can mint a Doomies NFT for no consideration payable to us by visiting the mint section of doomies.xyz or interacting with the smart contract directly. You are responsible for paying Gas Fees, required by the Ethereum network for every transaction that occurs. The Gas Fees are not paid by Big Head nor do we have over its pricing. You are also solely responsible to pay any and all sales, use, value-added, and other taxes and duties associated with purchasing a Doomies NFT.

  1. There are no prizes associated with owning a Doomies NFT or playing the Game.

  1. We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to errors in your order, technical problems, or availability of Doomies NFTs. By interacting with the Smart Contract you agree and acknowledge that a sale is final and you do not have any right or possibility to cancel an order, and you waive any rights with respect to cancellation.

Participant

  1. The Participant confirms that she/he: (a) has reached 18 years old or the age from which she/he can participate in this Game according to the legislation of the country of residence (the country in which the Participant is a resident), if a person who does not have the right to participate in the Game, the Terms are considered to be adopted by her/his legal representatives; (b) complies with all laws and requirements of the country of residence; and (c) has the appropriate legal and legal capacity to participate in this Game.

  1. The Participant is responsible for her/his behavior, actions, or omissions in all cases.

  1. The Participant shall release Big Head and any of its affiliates from any claims, costs, or losses, including in respect of property damage, tax claims, violations of intellectual or personal rights, use of personal data, in case of non-compliance by the Participant with these Terms.

Terms of Use

  1. These Terms are accepted by the Participant by performing certain actions, namely, by registering as a Participant and connecting Participant’s wallet. After the Participant agrees to these Terms, the Terms constitute a binding, legally binding agreement between the Participant and Big Head.

  1. These Terms may be updated unilaterally by Big Head. Monitoring the changes in these Terms is the responsibility of the Participant.

  1. Big Head reserves the right to amend these Terms at any time by posting a notice on https://www.doomies.xyz/terms. Any Participant using the Game after an amendment has become effective accepts the Terms as amended. A Participant who does not accept the amended Terms shall cease the use of the Game.

Inherent Risks of Digital Assets

  1. There are risks associated with using digital assets such as non-fungible tokens (“NFTs”) and cryptocurrencies, including, but not limited to, the risk of hardware, software, and Internet connections, malicious software introduction, and the risk of third parties may obtaining unauthorized access to information stored within your cryptographic wallet. You accept and acknowledge that we will not be responsible for any communication failures, disruptions, errors, distortions, or delays you may experience when using the Ethereum blockchain network, no matter the cause of such an issue.

  1. The Game does not itself store, send, or receive NFTs (or other cryptocurrencies). This is because NFTs exist only by ownership record maintained on the Ethereum blockchain network. Any transfer of NFTs occurs within the supporting blockchain in the network, and not on the Game. We do not make any promises or guarantees about the availability of NFTs on any supporting blockchain network, or that it will host your or any other NFTs at any specific location and/or for any specific period of time. Upgrades to the Ethereum blockchain, including a hard fork or similar change to the Ethereum network, a failure or cessation of the Ethereum blockchain or its underlying cryptocurrency, or a change in how transactions are confirmed on the Ethereum blockchain may have unintended, adverse effects on all blockchains using those or similar technologies, including the NFTs. We explicitly hereby make no promises or guarantees related to the Ethereum blockchain network or any other third parties related to the NFTs or the Game (including, but not limited to, any of their respective applications and/or services, as well as to the continued availability of or the protection or storage of any data you provide to those parties). You accept and acknowledge that we will not be responsible for any loss of access to your NFTs due to loss of your private key(s), custodial error, purchaser error, mining attacks, hacking, security weaknesses, fraud, counterfeiting, cyberattacks, and other technological issues or difficulties.

Personal data

  1. We do not collect any personal data of you in connection with participating in the Game. Our Website Privacy Policy found at https://www.doomies.xyz/privacy  describes the way we collect, use, and disclose your personal information in connection with your use of our Website.

Intellectual Property Rights

  1. Any software and the Smart Contracts used by us in connection with the Game are our proprietary property and all source code, database, functionality, software, website design, audio, video, text, photographs, and graphics in the Game (collectively, the "Content") and trademarks, service marks, and logos contained therein (the "Marks") are owned, controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights. No part of the Game, as well as the Smart Contract and no Content or Marks, may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without Big Head’s express prior written permission. Big Head has the right to record and reproduce, distribute, all competitions, including for marketing purposes, which may include references to the Participant’s screen names, wallet address, and/or avatars used in the Game, including for discussing or describing the competitions on social media and in marketing materials. The Participant grants to Big Head a royalty-free, irrevocable, worldwide license to use all such information for such purposes in perpetuity. Participants are permitted to copy and post screenshots or video recordings of the Game but only for their own personal use and not for any commercial purpose.

Disclaimer and Liability

  1. Assumption of risk. The participant accepts and acknowledges that the legal and regulatory frameworks governing blockchain technologies, cryptocurrencies, NFTs, and other digital tokens are uncertain and constantly changing. New laws, regulations, or policies may materially adversely affect the development of the Game’s ecosystem, and therefore the potential utility or value of your NFTs. You accept, acknowledge, and agree that we will not be responsible for the risk of changes to the legal and regulatory frameworks governing blockchain technologies, cryptocurrencies, NFTs, and other digital tokens, including new regulations, unfavorable regulatory intervention in one or more jurisdictions or policies any of which may materially adversely affect the use and value of the NFTs.

  1. Limitation of Liability. BIG HEAD IS NOT LIABLE FOR ANY LOSS OF PROFITS OR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS. FURTHER, TO THE FULL EXTENT PERMISSIBLE BY LAW, BIG HEAD’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS WILL NOT EXCEED 10,000 CANADIAN DOLLARS. THESE LIMITATIONS AND EXCLUSIONS REGARDING DAMAGES APPLY EVEN IF ANY REMEDY FAILS TO PROVIDE ADEQUATE COMPENSATION. NOTHING IN THESE TERMS WILL PREJUDICE THE STATUTORY RIGHTS THAT THE PARTICIPANT MAY HAVE AS A CONSUMER OF THE GAME. THE GAME WILL BE LAUNCHED IN STAGES, AND ITS MECHANICS CAN BE ADJUSTED DEPENDING ON THE BEHAVIOR OF PARTICIPANTS AND THE MARKET ENVIRONMENT. UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY LOSS OR DAMAGE YOU OR ANYONE ELSE INCURS AS A RESULT OF ANY ACTIVITY THAT YOU OR ANYONE ELSE ENGAGES THROUGH THE GAME. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOU ARE TAKING PART IN THE GAME IS AT YOUR SOLE RISK.

  1. Indemnification. You agree to indemnify and hold Big Head, its directors, officers, and employees harmless from and against any claims, causes of action, demands, loss, or damage by reason of any breach of any representation, warranty, or covenant hereunder. You shall comply with all applicable federal, provincial, or local laws, ordinances, codes, and regulations. You agree to notify Big Head promptly, in writing, of any legal claim or action of which you have the knowledge, which is in any way related to these Terms, your NFTs, or the Participant’s obligations hereunder.

  1. Disclaimers. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE AND ACCESS OF THE GAME AND THE SMART CONTRACTS ARE AT YOUR SOLE RISK, AND THAT THE USE OF AND ACCESS TO THE GAME ARE AT YOUR SOLE RISK, AND THAT THE GAME IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.

  1. Termination. If at any time you decide that you no longer wish to be bound by these Terms, you choose to cease participation in the Game; however, you will remain bound by these Terms with respect to your prior participation in the Game. Big Head may, in our sole discretion at any time, for any reason or no reason, and without notice or liability, immediately terminate your access to all or any part of the Game. Termination may include but is not limited to the removal of your access to the Game, and barring any further use of or access to the Game by you.

  1. Limitations Period. You agree that regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of or related to the use of the Game must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Miscellaneous

  1. These Terms shall be governed by, and construed in accordance with, the laws of the Province of British Columbia and the laws of Canada applicable therein (without giving effect to the choice of law principles thereof). Any legal action or proceeding relating to these Terms shall be instituted in a court of competent jurisdiction in the courts of the City of Vancouver, British Columbia, Canada.

  1. The Participant is fully responsible for all expenses incurred by her/him in connection with the Game.

  1. Big Head reserves the right to cancel or suspend the Game at any time for any reason without any obligations or liability, including, but not limited to, due to circumstances beyond the control of Big Head.

  1. Without prejudice to any other right or remedy of Big Head, any Participant may be excluded from participating in the Game or from receiving any prizes or gifts from Big Head if the Participant does not comply with these Terms or, in the reasonable opinion of Big Head, uses the Game opportunities in bad faith.

  1. The Participant may not assign, transfer, or otherwise transfer her/his rights or obligations under these Terms. Big Head may assign, transfer, or otherwise transfer its rights and obligations under these Terms.

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