Terms of service

Special Terms

Checkmate Live Play Testing Terms and Conditions

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Introduction of Services

Welcome to Checkmate Live. The platform is currently in the Play Testing stages, designed for testing and feedback. The services provided during these stages ("Alpha Services" and "Beta Services") are intended for testing and evaluation purposes only.

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Acceptance of Terms

By using the Checkmate Live platform during these testing phases, you acknowledge and agree to these Terms and Conditions. Participation is voluntary and users are encouraged to actively engage with the platform to identify potential improvements.

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Confidentiality and Non-Disclosure

As a play tester, you agree not to share screenshots of the platform or stream, share login codes or test addresses during the testing phase. Public comments about the platform's features or experiences without prior consent from Checkmate Live are also prohibited.

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In-game Currency and DLC
Issued for testing purposes only and will not carry over to the live version of Checkmate Live.

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Prohibited Financial Transactions
Users should not enter their credit card details or make any purchases of in-game currency during the play testing phase. Play testers will be issued in-game currency for testing purposes; these credits are not redeemable in the live version of Checkmate Live. If a user makes a purchase of in-game currency, they accept full liability for this purchase.

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Redemption of Prizes
Prizes awarded during the testing phase will be redeemable only in the live version and should not be redeemed until the platform transitions from UAT to live production.

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Public Release Information
Play testers should be aware that the public release date will be clearly advertised. Features currently avail.able in the play testing version may not be available at the time of public release. The inclusion of any feature in the final version is at the sole discretion of Checkmate Live, based on testing feedback and development progress

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Age and Territory Restrictions
If a service is restricted based on age or territory, Checkmate Live will exchange the nominal value of the restricted service for in-game currency. It is the responsibility of the play tester to ensure they understand the restrictions of each service before participating.

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Data Handling and Risk of Loss

Due to the nature of the testing environment within a closed ecosystem, all user data generated during the Alpha and Beta phases may be reset or lost when transitioning to live production. Checkmate Live is not liable for any loss, deletion, or corruption of data during these phases. Users should be prepared for potential data resets when the platform shifts from testing to live production.

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Data Handling and Risk of Loss

Due to the nature of the testing environment within a closed ecosystem, all user data generated during the Alpha and Beta phases may be reset or lost when transitioning to live production. Checkmate Live is not liable for any loss, deletion, or corruption of data during these phases. Users should be prepared for potential data resets when the platform shifts from testing to live production.

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Changes and Discontinuation of Services

Checkmate Live reserves the right to modify, suspend, or discontinue any part of the Services at any time without notice. This may include major adjustments to features, services, and the user interface.

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No Liability for Early Access Services

Checkmate Live disclaims all liability for any harm, loss, or damage arising from the use of the platform during the play testing phases, including issues related to data integrity, service functionality, or personal data exposure.

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Feedback and Contribution

User feedback is highly valued and essential for the development of Checkmate Live. Users are encouraged to report any issues, suggestions, or comments through the designated feedback channels.

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Promotional Codes and Prizes

Promotional codes and prizes offered during these phases are intended for the public release. These are non-exchangeable for cash or other compensation and must be redeemed within the specific terms outlined at issuance. Once redeemed, they are considered fully utilized regardless of the extent of use.

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Governing Law and Dispute Resolutions

These Terms and Conditions are governed by the laws of New South Wales, Australia. All disputes arising under these terms will be resolved exclusively through final and binding arbitration, conducted in English, in New South Wales.

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Amendment of Terms

Checkmate Live reserves the right to amend these Terms and Conditions at any time. Users will be notified of any significant changes through their registered email or via notification on the platform dashboard.

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Pro Pass Play Testing and Subscription Terms and Conditions
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1. Introduction of Services

The Checkmate Live platform offers the Pro Pass, combining a monthly subscription with a battle pass that offers progressive rewards. This service is tailored to enhance your competitive gaming experience by providing exclusive content, events, and tiered rewards.
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2. Pro Pass Services and Access

• Redemption of a Pro pass issued during Play Testing must be completed within three months of service availability. 'Service availability' refers to the date when the service is publicly advertised as available, excluding any early access or pre-order offers.
• Monthly Subscription: Access to premium services requires an active subscription, crucial for enjoying ongoing Pro Pass benefits.
• Battle Pass Rewards: These rewards are structured seasonally, with each season introducing new challenges and enhancements to enrich the gaming experience.
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3. Activation and Usage

• Activation: The Pro Pass is activated upon redemption. Users must enter their Pro Pass code to start their subscription and to begin accruing rewards.
• Battle Pass Seasons: Access to battle pass progressive rewards may extend beyond the initial Pro Pass period issued. Continued access requires an active subscription for the full duration of the battle pass season.
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4. Non-Exchangeable Nature

All passes, subscriptions, and promotional codes are non-exchangeable for cash. They are valid only within the Checkmate Live platform and are non-transferable.
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5. Non-Redeemable Assets

In-game currencies or assets provided through the Pro Pass are designed to enhance the gaming experience on Checkmate Live and are not redeemable for cash.
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6. Service Availability

Pro Pass services begin with each season's start, detailed in announcements made on the platform. Start dates and detailed season information will be communicated through users' registered emails and visible on the platform’s dashboard.
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7. Changes in Services and Pricing

Features, content, and pricing of the Pro Pass are subject to changes. These adjustments will be communicated to users in a timely manner as the platform progresses from alpha to full operational status.
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8. Cancellation and Redemption Policy

Subscriptions may be cancelled at any user's discretion through the account settings on Checkmate Live. Cancellation of a subscription activated by a redemption code or as a prize will be regarded as fully utilized, regardless of the actual use.
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9. No Liability for Early Access Services

During the alpha and beta phases, and until the official platform launch, Checkmate Live does not guarantee the continuous or error-free operation of the Pro Pass services. No liability will be assumed for any disruptions or issues that may arise during these early access phases.

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Checkmate Live Voucher Code Terms and Conditions

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1. Issuance and Scope
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This document sets forth the terms under which you, the recipient ("you" or "your"), may use the Voucher Code.
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2. Requirements for Redemption

Vouchers can be redeemed by entering the relevant code in the 'Promo Code' section located within the in-game wallet in your user account.
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To redeem the Voucher Code, you must:
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• Access the Checkmate Live platform via our website.
• Have a registered account with Checkmate Live.
• Maintain a reliable internet connection.

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3. Account Requirements
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To register an account with Checkmate Live, you agree to:

• Accept the Checkmate Live Terms of Service.
• Adhere to these Voucher Code Terms and Conditions.
• Follow our Privacy Policy.
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Comply with applicable Software Usage Terms.

• These documents collectively form the "Terms", available for review on this page.
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4. Age Restrictions and Supervision
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If under 18 years, a parent or legal guardian ("Responsible Adult") must:

• Register their own account with Checkmate Live.
• Agree to the Terms on your behalf.
• Supervise your use of the Checkmate Live platform.
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5. Voucher Code Use
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Voucher Codes:

• Are redeemable solely on the Checkmate Live platform.
• Cannot be used on other platforms or services.
• Are specific to the country of issuance; consider this when gifting.
• Are valid for a single use and will not be replaced if lost, stolen, damaged, or used without permission.
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6. Fraudulent Activity
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If a Voucher Code is suspected of being fraudulently obtained and used, we may:

• Suspend affected accounts temporarily or permanently.
• Request alternative forms of payment.
• Take further actions as detailed in our Terms of Service.
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7. Content and Restrictions

Content accessed via Voucher Codes may carry additional restrictions, including age-appropriate ratings and territorial limitations. Responsible Adults are expected to ensure that minors do not access inappropriate content.
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8. Subscription Continuation

Subscriptions activated through Voucher Codes continue until cancelled. We automatically charge ongoing fees and provide advance notification of these charges. Comprehensive instructions for subscription cancellation are available on our website.
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9. Legal and Dispute Resolution

• These Terms and Conditions are governed by the laws of New South Wales, Australia. All disputes arising under these terms will be resolved exclusively through final and binding arbitration, conducted in English, in New South Wales.

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10. Customer Support

For additional support or questions regarding the use of Voucher Codes, please refer to our community discord channel

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Fees and Transaction

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1. Transactions on the Ethereum Network: In Checkmate, all transactions for buying, selling, or trading are currently exclusively processed via the Ethereum network using MetaMask. We have no visibility or control over these transactions and cannot reverse them. Consequently, we bear no liability for any claims or damages arising from your transactions in the app, Smart Contracts, or the Ethereum network.
2. Fee Allocation: 10% of fees from Alpha Pack secondary sale royalties is split between Checkmate and the Checkmate Treasury; royalties associated with the Alpha pass are solely retained by Checkmate

1. Ethereum and USDC Gas Fees: Transactions on the Ethereum network require a Gas Fee, which is necessary for network maintenance. This fee is your responsibility for each transaction
2. Commission on Transactions: For transactions in Checkmate using Smart Contracts, we collect a commission on specific events like buying, selling, or trading. This commission is part of your payment transferred through the Ethereum network.

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TERMS OF SALE OF NON-FUNGIBLE TOKENS (NFTs)

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1. Acceptance of NFT Terms: Your purchase or acquisition of NFTs for Checkmate signifies agreement to these NFT Terms, which also apply to subsequent owners.
2. NFT Purchases and Pre-Sales: NFT pre-sales are final and non-refundable. Full payment is required at the time of purchase or pre-purchase. You must provide a Digital Wallet for NFT delivery. We endeavour to deliver pre-purchased NFTs by the specified date but note that dates may change.
3. Secondary Sales of NFTs: Reselling your NFT may involve third-party platforms and incur additional fees. We are not responsible for these transactions.
4. Title and Risk in NFTs: Risk and title transfer to you upon NFT purchase. Loss of access to your Digital Wallet means loss of access to your NFTs.
5. Refunds in Digital Currency: Refunds, when applicable, are in the original form of Digital Currency or in Australian dollars, based on the value at the original transaction date.
6. Gameplay with NFTs: NFTs are usable in Checkmate gameplay, governed by additional terms. Access to Checkmate is not guaranteed to be uninterrupted.
7. Intellectual Property Licence: Purchasing an NFT grants a licence for personal, non-commercial use of the associated 2D Art. This Licence is transferable under these NFT Terms.
8. Termination of Licence: Immediate termination of the Licence and these NFT Terms can occur if you breach any terms or warranties. Obligations accrued prior to termination remain.
9. Warranties and Acknowledgements: You warrant having the legal right and experience for NFT transactions and acknowledge the inherent risks, including potential value volatility.

10. Indemnity: You indemnify us against losses or claims due to your breach of warranties or these NFT Terms.

11. Limitation of Liability: Our liability is limited, excluding material breach or gross negligence cases. We are not liable for consequential losses or third-party services.

12. Tax Responsibilities: Taxes on transactions in Checkmate are your responsibility.

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ACKNOWLEDGE-MENTS

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You acknowledge and agree that:

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1. we provide NFTs solely on a proprietary basis for use with Checkmate, and if we transact with you, we do so solely on a bilateral basis;
2. NFTs are not intended for speculative use, are not sold or represented to be a financial product, and nothing we publish is in any way financial advice to you or any other person;
3. NFTs may experience or may have extreme price volatility, including being worthless in the future;
4. we are not providing and will not provide any fiduciary, advisory, brokerage, exchange or other similar services to you or any other person;
5. you are solely responsible for any decision to enter into a transaction subject to these NFT Terms, including the evaluation of any and all risks related to any such transaction;
6. a significant degree of IT sophistication is required to safely deal in and store NFTs of any kind using a Digital Wallet;
7. we are not a custodian for the purposes of the Corporations Act, and transfers of any NFTs are for transaction purposes only;
8. all transactions entered into and conducted under these Terms are deemed to have occurred within the jurisdiction of New South Wales, Australia;
9. we are not responsible for any loss caused by your failure to act in accordance with our policies, procedures or in accordance with our reasonable directions;

 10. you purchase NFTs entirely at your own risk and understanding, and we have not made any representations or warranties as to the IT security or ongoing availability of such NFTs or that your access to use your NFTs in Checkmate or in any other way will be uninterrupted, timely or secure at all times;

 11. you understand and acknowledge that your ownership of NFTs remains contingent upon you remaining in control of the seed phrases and private key(s) associated with your Digital Wallet and that we will not store any information in connection with your Digital Wallet beyond that required for the sale of NFTs or the interaction of your Digital Wallet with Checkmate;

 12. we do not and cannot guarantee there will be any use for, or any particular price available for any NFT you purchase from us, and

13. we do not represent or guarantee any outcomes or any financial return from your acquisition of any NFT from us, save the ability to use the NFT within Checkmate for such time as we choose to support on and off Checkmate, and such access to Checkmate may be subject to further terms and conditions, including payment of subscription fees.

ASSIGNMENT OF RIGHTS AND OBLIGATIONS:

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1. We reserve the comprehensive right to assign, transfer, or declare a trust over our rights, interests, and obligations under this Agreement, either in whole or in part, to any third party. This includes, but is not limited to, all Intellectual Property Rights and any legal claims or choses in action that Checkmate lawfully possesses.
2. Such an assignment or transfer may occur at Checkmate's sole discretion and without the necessity of obtaining your consent or providing you with prior notice. This clause ensures Checkmate has the flexibility to adapt to evolving business needs and strategies, including the potential reassignment of rights and obligations to different entities as part of our operational evolution.
3. It is important for users to understand that this assignment may happen at any time and under any circumstances deemed appropriate . This flexibility is crucial for our ongoing management and strategic planning, allowing us to respond effectively to changing market conditions, corporate restructuring, or other business considerations.

LIMITATION OF LIABILITY

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1. Limitation of liability

      1. In the absence of a material breach of these NFT Terms by us or the gross negligence, fraud or wilful misconduct by us when providing NFTs to you under these NFT Terms, we will not           be liable to you on account of anything done, omitted or suffered by us acting in good faith when providing NFTs to you pursuant to these NFT Terms, including in respect of a Force

2. Majeure Event.

     1. Third-party services

     2. We will not be liable for the performance, errors or omissions of unaffiliated, nationally or regionally recognised third parties or decentralised networks such as, by way of example and not          limitation, blockchain networks (whether private/permissioned or public) courier companies, national postal services and other delivery, telecommunications and other companies not          under our reasonable control, and third parties not under our reasonable control providing services to the blockchain industry generally, such as, by way of example and not limitation,         companies and other entities providing processing and payment or transaction services (including “Layer 2” or similar “roll-up” or optimisation services), banking partners, custody         services, market making services and/or third party pricing services and decentralised blockchain networks such as, by way of example and not limitation, the blockchain(s) upon which        any NFT depends or forks of those blockchain(s).

3. Compliance with laws – No monitoring responsibilities

      1. We will have no liability or responsibility for your compliance with laws or regulations governing the transfer and use of NFTs. Further, you are solely responsible for compliance with all           applicable requirements of any laws, rules, and regulations of governmental authorities in Your Jurisdiction.

     2. You further acknowledge that neither we nor any of our Personnel is, and will not be, by virtue of providing NFTs to you, an advisor or fiduciary to you.

3. No liability for Consequential Loss

   1. Neither party will be liable to the other for any Loss or Claim like consequential or indirect loss, including without limitation loss of prizes, loss of chance, loss of expectations, or loss of     opportunity.

4.   Liability Cap

      1. Our total liability to you under any circumstances is limited to

         1.1 the amount for which an NFT was originally sold by us; or
         1.2 the amount of Commission we received for buying, selling or trading fees

      2. and we shall not be liable for any amount above these sums.

5. Tax

1. The price for any transaction in Checkmate (including the Purchase Price) will be considered inclusive of any applicable Sales Tax.
2. If any additional Sales Tax is applicable by virtue of any law under Your Jurisdiction, you agree to pay such amount as is payable on behalf of us and inform us of that payment forthwith.
3. Any reference to a cost or expense incurred by a party in these Terms excludes any amount of Sales Tax forming part of the relevant cost or expense when incurred by the party for which the party can claim an input tax credit.
4. Each party is solely responsible for any taxation resulting from dealing in the NFTs, including capital gains or income tax. No party shall have a Claim for any Loss against the other in respect of any taxation amounts however arising.

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SECONDARY MARKET SALES AND  PRE-SALE PARTICIPATION

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When engaging in secondary market sales outside of Checkmate's control, it is important to understand that:
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• Secondary Market Responsibility: Transactions conducted on secondary markets are entirely the responsibility of the user. Checkmate has no control over these transactions and is not liable for any issues that may arise from them.
• Pre-Sale Allow List and Token Gating: Users interested in participating in pre-sales must join an allow list through token gating. However, inclusion on the pre-sale allow list does not guarantee successful purchase due to competition from other users.
• Dynamic Nature of Advertised Benefits: The benefits and features advertised during pre-sales or other promotional activities are subject to change. Checkmate reserves the right to amend these benefits as necessary to align with business goals, legal compliance, or market conditions.

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