Notice and Disclaimer
PLEASE READ THE ENTIRETY OF THIS "NOTICE AND DISCLAIMER" SECTION CAREFULLY. NOTHING HEREIN CONSTITUTES LEGAL, FINANCIAL, BUSINESS OR TAX ADVICE AND YOU SHOULD CONSULT YOUR OWN LEGAL, FINANCIAL, TAX OR OTHER PROFESSIONAL ADVISOR(S) BEFORE ENGAGING IN ANY ACTIVITY IN CONNECTION HEREWITH. NEITHER BAG LTD (THE COMPANY), ANY OF THE PROJECT TEAM MEMBERS (THE BAG.WIN TEAM) WHO HAVE WORKED ON THE BAG.WIN ECOSYSTEM (THE ECOSYSTEM) OR PROJECT TO DEVELOP THE BAG.WIN ECOSYSTEM IN ANY WAY WHATSOEVER, ANY DISTRIBUTOR/VENDOR OF $BAG TOKENS (THE DISTRIBUTOR), NOR ANY SERVICE PROVIDER SHALL BE LIABLE FOR ANY KIND OF DIRECT OR INDIRECT DAMAGE OR LOSS WHATSOEVER WHICH YOU MAY SUFFER IN CONNECTION WITH ACCESSING THIS WHITEPAPER, THE WEBSITE AT HTTPS://BAG.WIN (THE WEBSITE) OR ANY OTHER WEBSITES OR MATERIALS PUBLISHED BY THE COMPANY.
Project purpose: You agree that you are acquiring $BAG to participate in the the Ecosystem and to obtain services on the ecosystem thereon. The Company, the Distributor and their respective affiliates would develop and contribute to the underlying source code for the Ecosystem. The Company is acting solely as an arms’ length third party in relation to the $BAG distribution, and not in the capacity as a financial adviser or fiduciary of any person with regard to the distribution of $BAG.
Nature of the Whitepaper: The Whitepaper and the Website are intended for general informational purposes only and do not constitute a prospectus, an offer document, an offer of securities, a solicitation for investment, or any offer to sell any product, item or asset (whether digital or otherwise). The information herein may not be exhaustive and does not imply any element of a contractual relationship. There is no assurance as to the accuracy or completeness of such information and no representation, warranty or undertaking is or purported to be provided as to the accuracy or completeness of such information. Where the Whitepaper or the Website includes information that has been obtained from third party sources, the Company, the Distributor, their respective affiliates and/or the BAG.WIN team have not independently verified the accuracy or completion of such information. Further, you acknowledge that circumstances may change and that the Whitepaper or the Website may become outdated as a result; and neither the Company nor the Distributor is under any obligation to update or correct this document in connection therewith.
Token Documentation: Nothing in the Whitepaper or the Website constitutes any offer by the Company, the Distributor or the Bag.win team to sell any $BAG (as defined herein) nor shall it or any part of it nor the fact of its presentation form the basis of, or be relied upon in connection with, any contract or investment decision. Nothing contained in the Whitepaper or the Website is or may be relied upon as a promise, representation or undertaking as to the future performance of the Ecosystem. The agreement between the Distributor (or any third party) and you, in relation to any distribution or transfer of $BAG, is to be governed only by the separate terms and conditions of such agreement.
The information set out in the Whitepaper and the Website is for community discussion only and is not legally binding. No person is bound to enter into any contract or binding legal commitment in relation to the acquisition of $BAG, and no virtual currency or other form of payment is to be accepted on the basis of the Whitepaper or the Website. The agreement for distribution of $BAG and/or continued holding of $BAG shall be governed by a separate set of Terms and Conditions or Token Distribution Agreement (as the case may be) setting out the terms of such distribution and/or continued holding of $BAG (the Terms and Conditions), which shall be separately provided to you or made available on the Website. The Terms and Conditions must be read together with the Whitepaper. In the event of any inconsistencies between the Terms and Conditions and the Whitepaper or the Website, the Terms and Conditions shall prevail.
Deemed Representations and Warranties: By accessing the Whitepaper or the Website (or any part thereof), you shall be deemed to represent and warrant to the Company, the Distributor, their respective affiliates, and the Bag.win team as follows:
in any decision to acquire any $BAG, you have shall not rely on any statement set out in the Whitepaper or the Website;
you will and shall at your own expense ensure compliance with all laws, regulatory requirements and restrictions applicable to you (as the case may be);
you acknowledge, understand and agree that $BAG may have no value, there is no guarantee or representation of value or liquidity for $BAG, and $BAG is not an investment product nor is it intended for any speculative investment whatsoever;
none of the Company, the Distributor, their respective affiliates, and/or the Bag.win team members shall be responsible for or liable for the value of $BAG, the transferability and/or liquidity of $BAG and/or the availability of any market for $BAG through third parties or otherwise; and
you acknowledge, understand and agree that you are not eligible to participate in the distribution of $BAG if you are a citizen, national, resident (tax or otherwise), domiciliary and/or green card holder of a geographic area or country (i) where it is likely that the distribution of $BAG would be construed as the sale of a security (howsoever named), financial service or investment product and/or (ii) where participation in token distributions is prohibited by applicable law, decree, regulation, treaty, or administrative act (including without limitation the United States of America, Canada, New Zealand, People's Republic of China (but not including the special administrative regions of Hong Kong and Macau, and the territory of Taiwan), Thailand, and the Socialist Republic of Vietnam); and to this effect you agree to provide all such identity verification document when requested in order for the relevant checks to be carried out.
The Company, the Distributor and the Bag.win team do not and do not purport to make, and hereby disclaims, all representations, warranties or undertaking to any entity or person (including without limitation warranties as to the accuracy, completeness, timeliness or reliability of the contents of the Whitepaper or the Website, or any other materials published by the Company or the Distributor). To the maximum extent permitted by law, the Company, the Distributor, their respective affiliates and service providers shall not be liable for any indirect, special, incidental, consequential or other losses of any kind, in tort, contract or otherwise (including, without limitation, any liability arising from default or negligence on the part of any of them, or any loss of revenue, income or profits, and loss of use or data) arising from the use of the Whitepaper or the Website, or any other materials published, or its contents (including without limitation any errors or omissions) or otherwise arising in connection with the same. Prospective acquirors of $BAG should carefully consider and evaluate all risks and uncertainties (including financial and legal risks and uncertainties) associated with the distribution of $BAG, the Company, the Distributor and the Bag.win team.
Informational purposes only: The information set out herein is only conceptual, and describes the future development goals for the Ecosystem to be developed. In particular, the project roadmap in the Whitepaper is being shared in order to outline some of the plans of the Bag.win team, and is provided solely for INFORMATIONAL PURPOSES and does not constitute any binding commitment. Please do not rely on this information in deciding whether to participate in the token distribution because ultimately, the development, release, and timing of any products, features or functionality remains at the sole discretion of the Company, the Distributor or their respective affiliates, and is subject to change. Further, the Whitepaper or the Website may be amended or replaced from time to time. There are no obligations to update the Whitepaper or the Website, or to provide recipients with access to any information beyond what is provided herein.
Regulatory approval: No regulatory authority has examined or approved, whether formally or informally, of any of the information set out in the Whitepaper or the Website. No such action or assurance has been or will be taken under the laws, regulatory requirements or rules of any jurisdiction. The publication, distribution or dissemination of the Whitepaper or the Website does not imply that the applicable laws, regulatory requirements or rules have been complied with.
Cautionary Note on forward-looking statements: All statements contained herein, statements made in press releases or in any place accessible by the public and oral statements that may be made by the Company, the Distributor and/or the Bag.win team, may constitute forward-looking statements (including statements regarding intent, belief or current expectations with respect to market conditions, business strategy and plans, financial condition, specific provisions and risk management practices). You are cautioned not to place undue reliance on these forward-looking statements given that these statements involve known and unknown risks, uncertainties and other factors that may cause the actual future results to be materially different from that described by such forward-looking statements, and no independent third party has reviewed the reasonableness of any such statements or assumptions. These forward-looking statements are applicable only as of the date indicated in the Whitepaper, and the Company, the Distributor as well as the Bag.win team expressly disclaim any responsibility (whether express or implied) to release any revisions to these forward-looking statements to reflect events after such date.
References to companies and platforms: The use of any company and/or platform names or trademarks herein (save for those which relate to the Company, the Distributor or their respective affiliates) does not imply any affiliation with, or endorsement by, any third party. References in the Whitepaper or the Website to specific companies and platforms are for illustrative purposes only.
English language: The Whitepaper and the Website may be translated into a language other than English for reference purpose only and in the event of conflict or ambiguity between the English language version and translated versions of the Whitepaper or the Website, the English language versions shall prevail. You acknowledge that you have read and understood the English language version of the Whitepaper and the Website.
No Distribution: No part of the Whitepaper or the Website is to be copied, reproduced, distributed or disseminated in any way without the prior written consent of the Company or the Distributor. By attending any presentation on this Whitepaper or by accepting any hard or soft copy of the Whitepaper, you agree to be bound by the foregoing limitations.
Warranty
1. Bag.win will provide services with diligence and care in accordance with Bag.win rules. However, Bag.win cannot guarantee that services will:
be compatible with any specific hardware or software a customer uses;
be available without interruption either planned or unplanned;
be defect free, or possess any type of computer virus or malware, or free of issues deriving from hardware malfunctions;
meet the user’s expectations and requirements.
User compliance with law
2. The user must adhere to the laws applicable in the jurisdiction where they are resident, domiciled, and/or located. Bag.win are in no way responsible for providing any advice to users regarding tax and any other legal matters.
If a user wants to get advice on tax and legal matters, they will be advised to contact the authorities in their jurisdiction.
Non-reliance
3. Information available from the services is only for general information purposes and not intended to meet a user’s requirements. Any commentary, tips and materials posted through the services by Bag.win or a third party are not intended to amount to recommendation, advice or endorsement on which reliance should be placed.
No liability for inaccuracies or incompleteness
4. The User acknowledges, understands and agrees that Bag.win cannot guarantee that their products, services and website will always be accurate and current. If the user detects or is aware of any errors or incompleteness, they shall:
not take any advantage whatsoever thereof;
not disclose confidential information or any error or incompleteness;
notify Bag.win by emailing support@bag.win.
5. Bag.win accepts no liability for any crypto transactions through any 3rd party system.
6. Bag.win will not acknowledge or accept any liability for damage and/or losses to an Ethereum Wallet owner, or a Bag.win Account Holder and/or a third party caused directly and/or indirectly due to the Ethereum Wallet owner / Bag.win Account Holder:
No liability for actions of users
7. The user acknowledges and agrees that Bag.win is not liable in any way permitted by law for any derogatory, defamatory, offensive or illegal behaviour or conduct of any other customer, wallet owner, account holder or user of the Services or Website provided by Bag.win.
No liability for any software or hardware failures
8. Bag.win will not be held to account and will not be deemed responsible for any interruptions due to a failure of third party telecommunications or any other data transmission system or any computer system (including without limitation all Bag.win products), where by the User is prevented from continuing to use the services after he or she has placed a bet/wager or started a game.
Without guaranteeing resolution, Bag.win will take steps to ensure that its computer systems enable users to resume the User’s participation in the Game or Services. If this is not so then Bag.win will:
ensure that any and all games are terminated;
refund the amount of any bet or wager to the registered or relevant Ethereum wallet address.
9. Where the User’s participation in the Services is interrupted by a failure on all or part of Bag.win's systems, hardware or software, Bag.win shall:
refund the amount currently wagered in the Service, and if the wallet owner, or Bag.win account holder has accrued funds at the time of the failure, credit the monetary value of the fund to the Account Holder’s Ethereum wallet address or Bag.win Account Or if the user no longer has access to their Ethereum wallet address, or that their Bag.win account no longer exists, by paying it to the Wallet owner, or Account holder, in the form of the currency that supplied the account in the first instance;
inform BAG Limited of the incident with a description of the occurrence along with details of any financial losses incurred by the user;
pause any operations or functions where further users are likely to be affected by the same failure.
10. Except as set out above, Bag.win do not accept any liability for delays, losses or damage suffered or incurred by an Ethereum wallet owner or a Bag.win account holder and/or any third party caused directly and/or indirectly due to:
any failure of Bag.win’s software or hardware solutions except where such failure arise from Bag.win’s failure to provide products and services with a reasonable level of care and skill;
any failure of the device used by the user to access Bag.win produces and services;
any failure arising in Bag.win products and services which arise from incompatibility of the computer or device used by the user;
any failure of any 3rd party telecommunications or any other system that sends or received data;
any problem or failure of the internet or the Blast, Polygon, and Ethereum blockchains;
any virus attack, hack, malware or malicious act that can be traced to the Bag.win systems, except where such failure arises from Bag.win’s negligence or failure to supply the games and services with an industry accepted level of care and skill.
11. Games and services provided by Bag.win may include 3rd party content and links to external content not under control or management by Bag.win.
12. Bag.win gives no warranties and accepts no responsibility for any third party content.
13. Links to external websites and services are not endorsements. The User agrees that Bag.win are not responsible for the content or availability of any such websites or services. Bag.win recommends users read the terms and conditions, privacy policies and disclaimers of those entities to ensure they accept them.
Gaming disclaimer
14. The user accepts that any similarity of names, circumstances or conditions used, depicted, described or suggested in the games operated is entirely unintended and coincidental.
15. In the interest of combating addiction, Bag.win provides certain tools allowing players to restrict their own play. These include:
Self Exclusion / Time Out - allowing players to put their account on temporary (reversible) hiatus.
Reality Check - a pop-up is triggered at certain time intervals to remind players to take a break / stop playing.
Time Limits - used for setting strict time limits on playing sessions.
Deposit Limits / Account Tracker - used for enforcing a limit on deposits.
Permanent Account Closure - lets players close their account cut off all contact from the operator.
16. Bag.win commits to prevent those who are not appropriately-aged from participating in gaming activities by requiring all users to confirm they are 18+.
17. All Bag.win games are open source, meaning anyone can look at the source code to ensure that the games are fair.
General exclusion of liability
18. Bag.win does not acknowledge or accept liability for losses to an Ethereum wallet holder, an Account Holder and/or a third party caused directly and/or indirectly due to any:
mistake, misinterpretation, mishearing, misreading, mistranslation, spelling mistake, fault in reading, transaction error, technical failure of any kind, user registration error, cancellation of a game for any reason;
any unforeseeable circumstances that prevent Bag.win from fulfilling their obligations;
violation of the Bag.win Rules by an Ethereum Wallet owner, Bag.win Account Holder or third party;
collusion by the Account Holder or third party;
criminal actions by the Account Holder or third party;
advice or recommendations provided by Bag.win via the games, applications or website;
advice from any third party via the games, applications or website;
any market fluctuations, including variances in exchange rates.
Limitation of liability
19. Bag.win’s total liability to an Ethereum Wallet owner, or Bag.win Account Holder in respect of all losses coming under or in connection with any bet placed by the Ethereum Wallet owner, or Bag.win Account Holder shall in no circumstances exceed the amount of the relevant bet placed by the Ethereum Wallet owner, or Bag.win Account Holder that caused the claim.
20. Nothing in these terms will limit or exclude Bag.win’s liability for any liability where it would be unlawful for Bag.win to block or hold back liability.
Policy for circumventing restrictions
22. If a user is discovered to have attempted or has circumvented restrictions on IP enforced by Bag.win, their account will be immediately closed and their address will be blocked from creating any new accounts.
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