Terms of Service
2. CHANGE AND PURCHASE OF HASHING POWER
3. RISK DISCLOSURE
1. GENERAL RISK
2. ACCOUNT ABUSE
3. RISK OF HACKING
4. CONNECTION RISK
5. HASHING POWER TECHNICAL RISK
6. HASHING POWER PROFITABILITY RISK
3. GAMES FROM SPACE ACCOUNT
4. RIGHTS AND OBLIGATIONS
5. COMMUNICATION AND SUPPORT
6. GAMES FROM SPACE MINING SOFTWARE LICENSE
7. INTELLECTUAL PROPERTY
TERMS OF SERVICE
PLEASE READ THESE TERMS OF SERVICE (“Terms”) CAREFULLY BEFORE USING THE SERVICES AND SOFTWARE DESCRIBED HEREIN. BY SELECTING “I AGREE”, USING OUR SERVICES OR DOWNLOADING OR USING GAMES FROM SPACE MINING SOFTWARE, YOU ARE ACKNOWLEDGING THAT YOU HAVE READ THESE TERMS AND YOU ARE AGREEING TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE OUR SERVICES OR DOWNLOAD OR USE THE GAMES FROM SPACE MINING SOFTWARE.
Games from Space operates as an intermediate service for providing a software to use hashing power from graphics cards providers in change of computer games. Games from Space app is a software product developed by Games from Space / Pythonic Media GmbH. These Terms and any terms expressly incorporated herein apply to your access and use of the Games from Space Websites, Games from Space software/app and mobile applications provided by Games from Space as well as your use of Games from Space services and software.
2. CHANGE AND PURCHASE OF HASHING POWER
The user or hashing power providers agree to sell and Games from Space agrees to proceed hashing power buyers’ payments for the provided hashing power on the hashing power marketplace, on the Terms set forth herein. According to the applicable principle get-paid-per-valid-share (pay as you go principle) hashing power providers will be “paid” only for completely validated hashing power provision and will then received the ordered product in the Games from Space software. In some cases, hashing power provides interrupt the power for loading a game. In these cases, hashing power providers are not paid for such hashing power. All payments including any fees will be processed in cryptocurrency and then changed in the ordered product.
3. RISK DISCLOSURE
If you choose to use Games from Space services, it is important that you remain aware of the risks involved, that you have adequate technical resources and knowledge to bear such risks.
You understand that Games from Space services, blockchain technology, Bitcoin, all other cryptocurrencies and crypto tokens, proof of work concept and other associated and related technologies are new and untested and outside of Games from Space control. You acknowledge that there are major risks associated with these technologies. In addition to the risks disclosed below, there are risks that Games from Space cannot foresee and it is unreasonable to believe that such risk could have been foreseeable. The performance of Games from Space obligation under these Terms will terminate if market or technology circumstances change to such an extent that (i) these Terms clearly no longer comply with Games from Space expectations, (ii) it would be unjust to enforce Games from Space obligations in the general opinion or (iii) Games from Space obligation becomes impossible.
3b. ACCOUNT ABUSE
You acknowledge that there is risk associated with the Games from Space Account abuse and that you have been full informed and warned about it. The funds stored in the Games from Space Dashboard may be disposed by third party in case the third party obtains the Account holder’s login credentials. The Account holder shall protect his login credentials and his electronic devices where the login credentials are stored against unauthorized access.
3c. RISK OF HACKING
You acknowledge that there is risk associated with hacking Games from Space Services and Games from Space Profiles and that you have been fully informed and warned about it. Hacker or other groups or organizations may attempt to interfere with Games from Space Services or Games from Space Profiles in any way, including without limitation denial of services attacks, Sybil attacks, spoofing, smurfing, malware attacks, mining attacks or consensus-based attacks.
3d. CONNECTION RISK
You acknowledge that there are risks associated with usage of Games from Space Services which are provided through internet including, but not limited to, the failure of hardware, software, configuration and internet connections and that you have been fully informed and warned about it. You acknowledge that Games from Space will not be responsible for any configuration, connection or communication failures, disruptions, errors, distortions or delays you may experience when using Games from Space, howsoever caused.
3e. HASHING POWER TECHNICAL RISK
Hashing power rigs as hardware could be subject of damage, errors, electricity outage, misconfiguration, connection or communication failures and other malfunctions. Games from Space will not be responsible for operation of Hashing power rigs and graphic cards. By submitting a new game order you agree to Games from Space no-refund policy – all shares forwarded to Games from Space mining pool are final and non-refundable.
3f. HASHING POWER PROFITABILITY RISK
You acknowledge that there is risk associated with the profitability of the hashing power provision and that you have been fully informed and warned about it. There is risk that your Hashing power rig would not produce desired hashing power quantity and quality and that your produced hashing power would differentiate from the hashing power produced by our Hashing power rigs set up in the test environments. There is risk that your Hashing power rigs would not be as profitable as our Hashing power rigs set up in the test environments or would not be profitable at all.
Games from Space Services are provided on “AS IS” and “AS AVAILABLE” basis and with all faults and defects. To the maximum extent permitted by applicable law, Games from Space makes no representations and warranties and you waive all warranties of any kind. Particularly, without limiting the generality of the foregoing, the Games from Space makes no representations and warranties, whether express, implied, statutory or otherwise regarding Games from Space Services or other services related to Games from Space Services and provided by third parties, including any warranty that such services will be uninterrupted, harmless, secure or not corrupt or damaged, meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, meet any performance or error free or that any errors or defects can or will be corrected. Additionally Games from Space makes no representations and warranties, whether express, implied, statutory or otherwise of merchantability, suitability, reliability, availability, timeliness, accuracy, satisfactory quality, fitness for a particular purpose or quality, title and non-infringement with respect to any of the Games from Space Services or other services related to Games from Space Services and provided by third parties, or quiet enjoyment and any warranties arising out of any course of dealing, course of performance, trade practice or usage of Games from Space Services including information, content and material contained therein.
You acknowledge that you do not rely on and have not been induced to accept the Games from Space Services according to these Terms on the basis of any warranties, representations, covenants, undertakings or any other statement whatsoever, other than expressly set out in these Terms that neither the Games from Space or any of its respective agents, officers, employees or advisers have given any such warranties, representations, covenants, undertakings or other statements.
Games from Space and their respective officers, employees or agents will not be liable to you or anyone else, to the maximum extent permitted by applicable law, for any damages of any kind, including, but not limited to, direct, consequential, incidental, special or indirect damages (including but not limited to lost profits, trading losses or damages that result from use or loss of use of Games from Space Services) even if Games from Space has been advised of the possibility of such damages or losses, including, without limitation, from the use or attempted use of Games from Space Services or other related websites or services.
Games from Space will not be responsible for any compensation, reimbursement, or damages arising in connection with: (i) your inability to use the Games from Space Services, including without limitation as a result of any termination or suspension of the Games from Space Website or these Terms, power outages, maintenance, defects, system failures, mistakes, omissions, errors, defects, viruses, delays in operation or transmission or any failure of performance, (ii) the cost of procurement of substitute goods or services, (iii) any your investments, expenditures, or commitments in connection with these Terms or your use of or access to the Games from Space Services, (iv) your reliance on any information obtained from Games from Space, (v) Force Majeure Event, communications failure, theft or other interruptions or (vi) any unauthorized access, alteration, deletion, destruction, damage, loss or failure to store any data, including records, private key or other credentials, associated with Games from Space Services.
You will defend, indemnify, and hold Games from Space harmless and all respective employees, officers, directors, and representatives from and against any claims, demand, action, damage, loss, liabilities, costs and expenses (including reasonable attorney fees) arising out of or relating to (i) any third-party claim concerning these Terms, (ii) your use of, or conduct in connection with, Games from Space Services, (iii) any feedback you provide, (iv) your violation of these Terms, (v) or your violation of any rights of any other person or entity. If you are obligated to indemnify us, we will have the right, in our sole discretion, to control any action or proceeding (at our expense) and determine whether we wish to settle it. If we are obligated to respond to a third-party subpoena or other compulsory legal order or process described above, you will also reimburse us for reasonable attorney fees, as well as our employees’ and contractors’ time and materials spent responding to the third-party subpoena or other compulsory legal order or process at reasonable hourly rates.
Games from Space Services and the information, products, and services included in or available through Games from Space Website may include inaccuracies or Games from Space may make improvements or changes on the Games from Space Website at any time. No information provided to you by Games from Space shall be considered or construed as advice.
6. GAMES FROM SPACE ACCOUNT
The registration of the Games from Space Account is made through the Games from Space Website or Application, where you are required to enter your email address and password in the registration form.
When you create Games from Space Account, you agree to (i) create a strong password that you change frequently and do not use for any other website, (ii) implement reasonable and appropriate measures designed to secure access to any device which has access to your email address associated with your Games from Space Account and your username and password for your Games from Space Account, (iii) maintain the security of your Games from Space Account by protecting your password and by restricting access to your Games from Space Account; (iv) promptly notify us if you discover or otherwise suspect any security breaches related to your Games from Space Account so we can take all required and possible measures to secure your Games from Space Account and (v) take responsibility for all activities that occur under your Games from Space Account and accept all risks of any authorized or unauthorized access to your Games from Space Account, to the maximum extent permitted by law.
7. RIGHTS AND OBLIGATIONS
In the event of disputes with you, Games from Space is obliged to prove that the Games from Space service which is the subject of the dispute was not influenced by technical or other failures.
When accessing or using the Games from Space Services, you agree that you will not violate any law, contract, intellectual property or other third-party right or commit a tort, and that you are solely responsible for your conduct while using Games from Space Services.
As a condition of your use of the Games from Space Services you warrant to Games from Space that you will not use the Games from Space Services for any purpose that is unlawful or prohibited by these Terms. You may not use the Games from Space Services in any manner that could damage, disable, overburden, or impair the provision of Games from Space Services or interfere with any other party's use and enjoyment of the Games from Space Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided to you or public through the Games from Space Services.
We may, in our sole discretion, at any time, for any or no reason and without liability to you, with prior notice and with notice period of 30 days (i) terminate all rights and obligations between you and Games from Space derived from these Terms, (ii) suspend your access to all or a portion of Games from Space Services, Games from Space Dashboard and its related services or any portion thereof and delete or deactivate your Games from Space Account and all related information and files in such account (iii) modify, suspend or discontinue, temporarily or permanently, any portion of Games from Space Services or (iv) provide enhancements or improvements to the features and functionality of the Games from Space Services, which may include patches, bug fixes, updates, upgrades and other modifications. Any such change may modify or delete certain portion, features or functionalities of the Games from Space Services. You agree that Games from Space has no obligation to (i) provide any updates, or (ii) continue to provide or enable any particular portion, features or functionalities of the Games from Space Services to you. You further agree that all changes will be (i) deemed to constitute an integral part of the Games from Space Services, and (ii) subject to these Terms.
In the event of your breach of these Terms, including but not limited to, for instance, in the event that you breach any term of these Terms, due to legal grounds originating in anti-money laundering and know your client regulation and procedures, or any other relevant applicable regulation, all right and obligations between you and Games from Space derived from these Terms terminate automatically if you fail to comply with these Terms within the notice period of 8 days after you have been warned by Games from Space about the breach and given 8 days period to cure the breaches. Games from Space reserves the right to keep these rights and obligations in force despite your breach of these Terms.
Technical information about the hashing power transactions, including information about chosen server locations, algorithms used, selected mining pools, your business or activities, including all financial and technical information, specifications, technology together with all details of prices, current transaction performance and future business strategy represent confidential information and trade secrets. Games from Space shall, preserve the confidentiality of all before mentioned information and shall not disclose or cause or permit to be disclosed without your permission any of these information to any person save to the extent that such disclosure is strictly to enable you to perform or comply with any of your obligations under these Terms, or to the extent that there is an irresistible legal requirement on you or Games from Space to do so; or where the information has come into the public domain otherwise than through a breach of any of the terms of these Terms. Games from Space shall not be entitled to make use of any of these confidential information and trade secrets other than during the continuance of and pursuant to these Terms and then only for the purpose of carrying out its obligations pursuant to these Terms.
8. COMMUNICATION AND SUPPORT
You agree and consent to receive electronically all communications, agreements, documents,, notices and disclosures that Games from Space provides in connection with your Games from Space Account or use of the Games from Space Services. You agree that Games from Space may provide these communications to you by posting them via the Games from Space Account or by emailing them to you at the email address you provide. You should maintain copies of electronic communications by printing a paper copy or saving an electronic copy.
It is your responsibility to keep your email address updated in the Games from Space Account so that Games from Space can communicate with you electronically. You understand and agree that if Games from Space sends you an electronic communication but you do not receive it because your email address is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive electronic communications, it will be deemed that you have been provided with the communication. You can update your Games from Space Account preferences at any time by logging into your Games from Space Account. If your email address becomes invalid such that electronic communications sent to you by Games from Space are returned, Games from Space may deem your account to be inactive and close it, and you may not be able to use the Games from Space Services until Games from Space does not receive a valid, working email address from you.
You may give Games from Space a notice under these Terms by sending an email to email@example.com or contact Games from Space through support located on the Games from Space website. All communication and notices pursuant to these terms must be given in English or German language.
9. GAMES FROM SPACE SOFTWARE LICENSE
Games from Space Software whether on disk, in read only memory, or any other media or in any other form is licensed, not sold, to you by Games from Space for use only under these Terms. Games from Space retains ownership of the Games from Space Software itself and reserve all rights not expressly granted to you.
Subject to these Terms, you are granted a limited, non-transferable, non-exclusive and a revocable license to download, install and use the Games from Space Software. You may not distribute or make the Games from Space Software available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute, assign, sublicense host, outsource, disclose or otherwise commercially exploit the Games from Space Software or make it available to any third party.
There is no license fee for the Games from Space Software. Games from Space reserves the right to change the license fee policy according to the provisions to change these Terms any time and for any reason, including to decide to start charging the license fee for the Games from Space Software. You are responsible for any and all applicable taxes.
You may not, and you agree not to or enable others to, copy, decompile, reverse engineer, reverse compile, disassemble, attempt to derive the source code of, decrypt, modify, or create derivative works of the Games from Space Software or any services provided by the Games from Space Software, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of open-sourced components included with the Games from Space Software).
If you choose to allow automatic updates, your device will periodically check with Games from Space for updates and upgrades to the Games from Space Software and, if an update or upgrade is available, the update or upgrade will automatically download and install onto your device and, if applicable, your peripheral devices.
You agree that Games from Space may collect and use technical and related information, including but not limited to technical information about your computer, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the Games from Space Software and to verify compliance with these Terms. Games from Space may use this information, as long as it is in a form that does not personally identify you, to improve our Games from Space Services.
10. INTELLECTUAL PROPERTY
Games from Space retains all copyright and other intellectual property rights, including inventions, discoveries, know how, processes, mark's, methods, compositions, formulae, techniques, information and data, whether or not patentable, copyrightable or protectable in trademark, and any trademarks, copyrights or patents based thereon over all content and other materials contained on Games from Space Website or provided in connection with the Games from Space Services, including, without limitation, the Games from Space logo and all designs, text, graphics, pictures, information, data, software, source code, as well as the compilation thereof, sound files, other files and the selection and arrangement thereof. These material is protected by German and international copyright laws and other intellectual property right laws. These Terms shall not be understood and interpreted in a way that they would mean assignment of copyright or other intellectual property rights, unless it is explicitly defined so in these Terms.