Welcome to DeathWish, an exciting and immersive online game built on Web3 technologies, including blockchain, cryptocurrency, and non-fungible tokens (NFTs). By accessing and using the Game, you are entering into a binding legal agreement with Games Media ("we," "us," or "our"). This agreement outlines the terms under which you can interact with the Game, including all its features and functionalities.
Before you begin, it is important that you thoroughly read and understand the Terms of Service (ToS), as these govern your use of DeathWish and all associated services, including the purchase and trade of NFTs, use of cryptocurrency, and participation in in-game economies.
This section will provide an overview of the most important terms and definitions used throughout these Terms. Please take a moment to familiarise yourself with these definitions, as they will apply to your interactions within the Game.
Key Definitions
The following terms and phrases are used throughout these Terms, and understanding them is crucial to fully grasping your rights and obligations while using DeathWish:
"DeathWish" – Refers to the online Web3 game developed, operated, and owned by Games Media, which integrates blockchain technology, NFTs, and cryptocurrency into its gameplay mechanics.
"Account" – Refers to the user account that you create to access and play DeathWish. Your Account is linked to your Web3 wallet and contains all your in-game assets, including NFTs, cryptocurrency, and any virtual goods.
"User" or "You" – Refers to any individual who accesses or uses DeathWish, whether by browsing, playing, or participating in any activities within the Game. By using the Game, you agree to be bound by these Terms.
"Web3 Wallet" – A digital wallet that allows users to interact with blockchain networks. You will need a Web3 wallet (e.g., MetaMask, WalletConnect) to access DeathWish and store, transfer, or manage your NFTs, cryptocurrencies, and other digital assets associated with your Account.
"NFTs" (Non-Fungible Tokens) – A type of digital asset that represents ownership or proof of authenticity of a unique item or collectible within DeathWish. NFTs are stored on the blockchain and are distinct from other tokens, providing verifiable ownership.
"Cryptocurrency" – A digital or virtual currency used for in-game transactions, including purchases of NFTs, virtual goods, and other assets. Cryptocurrency is typically based on blockchain technology, and can include, but is not limited to, Ethereum (ETH), Bitcoin (BTC), or other tokens supported by DeathWish.
"In-Game Assets" – Refers to all items and assets available for use or trade within DeathWish, which may include NFTs, characters, skins, weapons, tokens, and other virtual goods. These assets may hold value, and some may be traded, sold, or exchanged within the Game or on third-party platforms.
"Marketplace" – The in-game platform or third-party platforms (e.g., OpenSea) where users can buy, sell, or trade NFTs and other digital assets. Transactions on these marketplaces are governed by the specific rules and terms of the respective platforms.
"Smart Contracts" – Self-executing contracts with the terms of the agreement between buyer and seller directly written into code. These contracts run on the blockchain and automatically facilitate, verify, or enforce the negotiation or performance of a contract without the need for intermediaries.
"Gas Fees" – The transaction fees required to process and verify blockchain transactions, such as the transfer of NFTs, cryptocurrency, or in-game assets. Gas fees are paid to the blockchain network and are not controlled by Games Media. These fees vary depending on the network congestion and the blockchain being used.
"Token" – A type of cryptocurrency used within the Game, which may serve as in-game currency for purchasing assets, staking, and other activities. Tokens may hold real-world value or be used purely within the Game’s ecosystem.
"Marketplace Fees" – Any fees associated with the buying, selling, or trading of NFTs or digital assets on the DeathWish Marketplace or third-party platforms. These fees may be imposed by Games Media or external platforms hosting the transactions.
"Blockchain" – A distributed and decentralised digital ledger used to record transactions. Each transaction is recorded in a "block" and then added to a "chain" in a way that is secure, transparent, and tamper-proof. DeathWish operates on blockchain technology to store, track, and verify NFTs, cryptocurrency transactions, and other in-game activities.
"Transaction" – Refers to any action that involves the exchange of cryptocurrency, NFTs, or other assets, including purchasing, trading, transferring, or receiving digital goods, tokens, or currency within the Game.
1. Overview of DeathWish and its Web3 Features
DeathWish combines traditional gaming experiences with the innovations of Web3 technologies, providing players with a dynamic and immersive environment where they can engage in gameplay, trade NFTs, and use cryptocurrency. Below is a brief overview of the main features and functionalities of DeathWish:
Blockchain-Powered Gameplay: The core of DeathWish is its integration with blockchain technology, which ensures that all in-game assets (such as NFTs, tokens, and other virtual items) are securely recorded and tracked. By using blockchain, players are given verifiable ownership of their assets, which they can freely trade or sell within the marketplace.
NFT Integration: Each player in DeathWish may own unique NFTs that represent various in-game items, including characters, weapons, skins, collectibles, and more. NFTs are stored on the blockchain and can be bought, sold, or traded between players. These NFTs offer true ownership, meaning you can retain full control of your assets, even outside of the Game.
Cryptocurrency and In-Game Economy: DeathWish uses cryptocurrency as a method of exchange for purchasing in-game assets, rewards, and services. The Game features its own native token, which players can earn through gameplay, transactions, and participation in the Game’s economy. Players may also convert earned tokens into real-world cryptocurrency or use them within the Game’s ecosystem.
Smart Contracts and Transparency: The use of smart contracts ensures that all in-game transactions, whether involving NFTs or cryptocurrency, are executed automatically and transparently. These contracts are stored on the blockchain, ensuring fairness, security, and the decentralisation of the Game’s economic system.
Marketplace and Trade: Players can use the in-game marketplace or third-party platforms to trade, sell, or purchase NFTs, tokens, and other assets. The marketplace supports a free and open economy, allowing players to monetise their digital assets and engage in a global marketplace.
Web3 Interaction: DeathWish is fully integrated with Web3, meaning that all transactions, ownership of assets, and in-game activities are decentralised and rely on blockchain technology. This integration ensures that players have full control over their digital assets and are empowered to participate in a modern and secure gaming experience.
2. Amendment to Terms
Games Media reserves the right, at its sole discretion, to modify, amend, or update these Terms of Service at any time. Any changes or updates to the Terms will become effective immediately upon posting on our website at www.DeathWish.game or within the Game itself, unless otherwise stated.We encourage all users to regularly review these Terms to stay informed about any modifications. By continuing to access or use DeathWish after such updates are made, you agree to be bound by the revised Terms. If you do not agree to the revised Terms, you must immediately cease using DeathWish and deactivate your Account.
2.1 Notification of ChangesIn cases where material changes are made to these Terms, Games Media will make a reasonable effort to notify you via the contact information you provided when registering your Account, or by providing a prominent notice within the Game or on our website. However, it is ultimately your responsibility to stay informed about any updates to the Terms.
Changes to these Terms may occur due to various reasons, including (but not limited to):
• Updates to the functionality of the Game.
• Modifications in response to legal, regulatory, or compliance requirements.
• Changes in the use of cryptocurrency, NFTs, or blockchain technology in the Game.
• Improvements or alterations to user experience, security, or the Game’s features.
2.2 Effective Date of AmendmentsUnless otherwise specified, any amendments to these Terms will take effect immediately upon being posted on the website or within the Game. You acknowledge that your continued use of DeathWish after such amendments constitutes your acceptance of the revised Terms. It is your responsibility to ensure you are aware of the most current version of the Terms at all times.
If you do not accept the amended Terms, you must discontinue use of the Game and close your Account. In such cases, you may be entitled to a refund or settlement of any balances in accordance with our refund policy, as outlined in these Terms, if applicable.
3. Acknowledgement of Risk
By accessing and using DeathWish, you acknowledge and accept the inherent risks associated with participating in blockchain-based games, including the use of cryptocurrency, non-fungible tokens (NFTs), and other digital assets. You understand that the Game operates on decentralised technologies, and the value of your in-game assets may fluctuate, which can result in financial losses. You agree to bear full responsibility for any risks associated with your participation in DeathWish.
3.1 Cryptocurrency and Market Volatility
Cryptocurrency markets are known for their high volatility and price fluctuations. The value of cryptocurrency, including any tokens or digital currencies used within DeathWish, can change rapidly and unexpectedly. You acknowledge that you may lose the value of any cryptocurrency you hold or use within the Game. Games Media is not responsible for any financial losses incurred due to fluctuations in cryptocurrency values or the volatility of the cryptocurrency market.
3.2 Risk of Loss of Assets
In addition to cryptocurrency, NFTs and other digital assets within DeathWish may fluctuate in value based on supply and demand, market conditions, and external factors. The value of these assets is not guaranteed and may be subject to significant changes, which could result in financial loss. NFTs, once acquired, cannot be returned or refunded except as explicitly stated in these Terms. Games Media does not guarantee the resale value of any NFTs or digital assets purchased or acquired within DeathWish.
3.3 Risk of Technology and Security Vulnerabilities
The Game is built on blockchain technology, and while this technology provides a high degree of security, there are inherent risks associated with decentralised networks. You acknowledge that blockchain networks and associated technologies (such as smart contracts and wallets) can be subject to bugs, exploits, or vulnerabilities that could compromise the security of your assets. You are responsible for ensuring the security of your Web3 wallet, private keys, and account credentials, and you agree that Games Media is not liable for any loss of assets or security breaches due to improper management or exposure of these credentials.
3.4 Transaction and Gas Fees
When engaging in blockchain transactions within DeathWish, you may be required to pay "gas fees," which are transaction fees paid to the blockchain network to process and verify your transactions. Gas fees are not controlled by Games Media and may vary depending on the blockchain network’s congestion or other factors. You acknowledge that these fees may be substantial, and Games Media is not responsible for any costs related to blockchain transactions.
3.5 Potential Regulatory and Legal Risks
Blockchain-based gaming, cryptocurrency, and NFTs are subject to varying degrees of regulation and oversight in different jurisdictions. The regulatory landscape for digital assets is rapidly evolving, and you understand that new laws, regulations, or enforcement actions could affect your ability to access or use DeathWish, or even the value of your digital assets. You agree to comply with all applicable local laws and regulations governing your use of cryptocurrency, NFTs, and blockchain technology.
3.6 Risks of Third-Party Platforms and Services
DeathWish may integrate with third-party platforms or services, including NFT marketplaces and external Web3 wallet providers. These third-party services may have their own risks, including the potential for service interruptions, hacking, or changes to terms of service. You acknowledge that Games Media is not responsible for the actions or reliability of third-party services, and any transactions conducted on these platforms are solely at your own risk.
3.7 Risk of Account Loss and Irreversible Transactions
Once you perform a transaction in DeathWish (such as buying, selling, or transferring NFTs or cryptocurrency), it is generally irreversible. You acknowledge that mistakes or errors in transactions, such as sending assets to the wrong address or making accidental purchases, cannot be undone. Games Media does not offer refunds for these types of transactions, and you are solely responsible for verifying the accuracy of all transaction details before proceeding.
3.8 No Guarantee of Financial Gain
You acknowledge that participation in DeathWish does not guarantee any financial gain. While it is possible to earn or profit from your in-game assets, including NFTs and cryptocurrency, there is no assurance that you will make any profits, and you could experience losses. You participate in DeathWish at your own discretion, understanding that there are risks associated with any form of financial investment or engagement in digital assets.
4. Limitation of Liability
You understand and agree that Games Media is not liable for any financial losses, damages, or risks incurred through your use of DeathWish or involvement with blockchain technology, cryptocurrency, NFTs, or other digital assets associated with the Game. By using the Game, you accept full responsibility for any risks and losses associated with your participation, including but not limited to:
• Loss of funds or assets due to market fluctuations.
• Loss of digital assets due to security breaches or fraudulent activities.
• Inability to access or recover your Account or digital assets.
• Unintended transactions or mistakes during blockchain interactions.
5. Account Set-Up and Management
In order to access and participate in DeathWish, you must create an account ("Account"). The creation of an Account enables you to interact with the Game, including purchasing NFTs, earning cryptocurrency, and engaging in other in-game activities. By setting up an Account, you agree to the following terms and conditions related to the account creation process, maintenance, security, and management.
5.1 Eligibility and Account Creation
To create an Account, you must be at least 18 years of age, or the legal age of majority in your jurisdiction, whichever is higher. If you are under the age of 18, you may not create an Account or use DeathWish.
To begin the account creation process, you must follow the instructions provided on the official DeathWish website at www.DeathWish.game or within the Game itself. The steps involved typically include:
• Registration: You will be asked to provide certain personal information, such as your email address, username, and a password.
• Web3 Wallet Integration: In order to access blockchain features, you must link a compatible Web3 wallet (such as MetaMask or WalletConnect) to your Account. This will allow you to manage your digital assets, such as NFTs and cryptocurrency, within the Game.
• Email Verification: After completing your registration, you may be required to verify your email address by clicking a verification link sent to your inbox.
• Wallet Connection: You will need to connect your Web3 wallet to your DeathWish Account, allowing you to securely manage your digital assets, such as NFTs, tokens, and cryptocurrency used in the Game.
Once your Account is created and successfully linked to your Web3 wallet, you will have access to all the features DeathWish offers, including participation in the marketplace, asset management, and in-game purchases.
5.2 Account Security
Your Account is protected by your Web3 wallet, which uses private keys to ensure the security of your assets. As you are responsible for maintaining the security of your wallet, Games Media will not be held liable for any loss or theft of your assets due to the exposure or mishandling of your wallet credentials.
We recommend that you take the following steps to ensure the security of your Account:
• Protect Your Private Keys: Your Web3 wallet's private keys are the keys to your digital assets. Never share these private keys with anyone. Losing your private key may result in the irreversible loss of your digital assets.
• Use Strong Passwords: If you are required to create a password for your Account, ensure that it is strong, unique, and not easily guessable. Avoid using common or easily identifiable information such as your name, birthday, or other personal details.
• Two-Factor Authentication (2FA): While 2FA may not be required for every Account, we strongly encourage enabling any available security features, such as 2FA, to protect your Account and the assets within it.
• Avoid Phishing Scams: Be cautious of phishing attempts and ensure you are accessing the DeathWish platform via legitimate channels (e.g., the official website and trusted sources). Do not share your wallet recovery phrase, private keys, or personal information in response to unsolicited requests.
• Report Suspicious Activity: If you notice any unusual or suspicious activity on your Account, you should contact Games Media support immediately to protect your assets.
5.3 Account Responsibilities
You agree to provide accurate, complete, and up-to-date information when creating your Account. You are solely responsible for maintaining the accuracy and integrity of your Account information.
As the Account holder, you are also responsible for all activities that occur under your Account, including those conducted by third parties who gain access to your Account, either with or without your knowledge or consent. Therefore, it is important that you safeguard your credentials and immediately notify Games Media of any unauthorised access to your Account.
5.4 Account Suspension and Termination
Games Mediareserves the right to suspend or terminate your Account if you violate these Terms of Service or if we suspect any fraudulent, abusive, or illegal activity. This may include, but is not limited to:
• Engaging in hacking, phishing, or scamming activities.
• Using multiple accounts to manipulate or exploit the game’s economy or assets.
• Violating any intellectual property rights, including the unlawful distribution of NFTs or digital assets.
• Engaging in illegal activities, including money laundering, terrorist financing, or the use of stolen cryptocurrency.
If your Account is suspended or terminated, you may lose access to any assets, NFTs, or cryptocurrency associated with your Account, without compensation or refund, unless otherwise required by law or stated in these Terms.
Games Media may also suspend or terminate your Account in the event of security threats, technical issues, or for any reason deemed necessary to protect the integrity of the Game and the security of its users.
5.5 Account Information Management
You are responsible for updating and managing your Account information as necessary. If any information associated with your Account changes (such as your email address or linked Web3 wallet), you must promptly update your Account details.
If you forget your password or encounter any technical issues related to your Account, you can initiate a password recovery process through the DeathWish platform. However, due to the decentralised nature of the Game, we do not have the ability to recover or restore lost private keys or wallet credentials.
5.6 Account Deletion
You may request to delete your Account at any time. To do so, you must contact Games Media customer support with your request. Please be aware that deleting your Account may result in the loss of all in-game assets, NFTs, and cryptocurrency associated with that Account, and such actions are irreversible. Deleting your Account may also result in the termination of any services or features associated with your participation in DeathWish, and Games Media will not be liable for any loss incurred as a result.
Once your Account is deleted, you will no longer have access to the Game or any associated assets. If you decide to rejoin DeathWish after deleting your Account, you will need to create a new Account from scratch, and any previously acquired assets will not be recoverable.
5.7 Account Limitations
Games Media may impose limitations on your Account at its discretion, including limitations on the number of transactions, in-game assets, or purchases. These limitations are designed to protect the integrity of the Game, prevent abuse, and maintain a balanced in-game economy.
For example, there may be restrictions on the purchase of certain high-value NFTs or limits on the frequency of transactions that can be performed within the Game. You acknowledge and accept that these limitations may be adjusted or modified as needed by Games Media to support the Game’s ecosystem.
6. Privacy and Data Usage
As part of the account registration process, we collect and process your personal data in accordance with our Privacy Policy. Please review the Privacy Policy carefully to understand how your information is used, stored, and shared.
You acknowledge that by linking your Web3 wallet to your DeathWish Account, certain blockchain data (such as transaction history and wallet addresses) may be publicly accessible on the blockchain. While Games Media strives to protect your privacy, we cannot guarantee full anonymity in a decentralised, blockchain-based environment.
By using DeathWish, you acknowledge that you have read, understood, and agree to the collection and use of your information as outlined in this section.
6.1 Information We Collect
We collect both personal and non-personal information from you when you use DeathWish. The types of data we collect may include:
Personal Information: This may include your name, email address, account details, payment information, and other details necessary to access or play the game.
Blockchain Data: As DeathWish integrates with Web3 technology, we may collect data related to your blockchain address, cryptocurrency transactions, and other Web3-related interactions such as NFTs (Non-Fungible Tokens) and token transfers.
Usage Data: This includes details about your interactions with the game, such as gameplay statistics, session information, device type, IP address, and browsing behaviour on our website.
Cookies and Tracking Technologies: We use cookies and other tracking technologies to enhance your user experience, analyse traffic, and gather statistics about how the game is used. These technologies may also track your preferences to provide personalised content.
6.2 How We Use Your Information
The data we collect may be used for the following purposes:
Account Management: To create, manage, and secure your account within DeathWish.
Game Improvement: To improve and develop the game, fix bugs, and provide a more tailored experience.
Transactions: To process payments, manage in-game purchases, and facilitate the use of Web3 assets such as NFTs or tokens.
Communication: To send you important updates, announcements, and support communications related to your account and the game.
Compliance and Legal Obligations: To comply with legal requirements, enforce our Terms of Service, and protect against fraud and other illegal activities.
Advertising and Analytics: To offer customised advertising and collect data for analytics purposes to enhance gameplay and service offerings.
6.3 Sharing Your Information
We do not sell your personal data to third parties. However, we may share your information in the following cases:
With Web3 Partners: We may share your blockchain data (such as your wallet address) with third-party Web3 providers to enable certain game features like token transfers and NFTs.
Service Providers: We may share your information with trusted third-party service providers who assist us in operating the game, providing customer support, and processing transactions.
Legal Compliance: We may disclose your information if required by law or to protect our legal rights, such as in response to subpoenas, court orders, or other legal processes.
6.4 Data Retention
We will retain your personal data for as long as necessary to fulfil the purposes outlined in this Privacy and Data Usage section or as required by law. If you wish to delete your account, you may request the removal of your personal data, though certain data (such as transaction records) may be retained for legal and financial purposes.
6.5 Security of Your Information
We use reasonable security measures to protect your personal and blockchain-related data from unauthorised access, disclosure, or alteration. However, as with any online service, we cannot guarantee the absolute security of your data. You are responsible for ensuring the security of your Web3 wallet and any associated private keys.
6.6 Your Rights
As a user, you have the following rights regarding your personal data:
Access: You can request access to the personal data we hold about you.
Correction: You can request corrections to any inaccurate or incomplete information.
Deletion: You can request the deletion of your personal data, subject to certain legal obligations.
Opt-Out: You may opt-out of receiving marketing communications from us by following the unsubscribe instructions in those communications or adjusting your account settings.
6.7 Changes to This Privacy Policy
We may update this Privacy and Data Usage section from time to time. Any changes will be posted on this page with an updated revision date. It is your responsibility to review this section periodically to stay informed about how we protect your data.
6.8 Contact Us
If you have any questions or concerns about your privacy or this Privacy and Data Usage section, please contact Support via Discord at:
https://discord.gg/playdeathwish
7. Customer Feedback, Queries, Complaints, and Dispute Resolution
We value our players and aim to provide the best possible experience in DeathWish. If you have any feedback, queries, or complaints, we encourage you to get in touch with us. We are committed to resolving any issues fairly and efficiently. This section outlines how we handle customer feedback, queries, complaints, and disputes.
7.1 Customer Feedback and Queries
We welcome your feedback to help us improve DeathWish. If you have any suggestions, concerns, or questions about the game or our services, please contact us using the details provided below. We strive to respond to all customer queries as quickly as possible, typically within 5 business days.
To provide feedback or ask a question, please submit a support ticket on the DeathWish Discord channel, located: https://discord.com/invite/playdeathwish.
Alternatively, you may contact us through our official website at: https://www.DeathWish.game/.
7.2 Complaints
If you are not satisfied with your experience or believe there has been a breach of our terms, you have the right to submit a formal complaint. We take complaints seriously and aim to resolve them promptly.
To file a complaint, please follow these steps:
Step 1: Contact our customer support team via the Discord channel mentioned above.
Step 2: Provide a clear description of the issue, including relevant details such as your account information, the nature of the complaint, and any supporting documentation or evidence.
Step 3: We will acknowledge your complaint and provide you with an estimated timeframe for resolution.
Our team will review the complaint and work with you to reach a fair and reasonable solution. We aim to resolve complaints within 20 business days, but this may vary depending on the complexity of the issue.
7.3 Dispute Resolution
If we are unable to resolve your complaint to your satisfaction, we may enter into a process of formal dispute resolution. In such cases, we recommend that you first attempt to resolve the issue through our customer support channels. If this approach does not lead to a satisfactory outcome, you may consider the following alternative dispute resolution methods:
Mediation: We may propose mediation, where an independent third party will work with both parties to facilitate a mutually agreeable resolution.
Arbitration: If mediation is unsuccessful or if both parties agree, we may proceed with binding arbitration. In arbitration, a neutral arbitrator will make a final decision regarding the dispute. The arbitration will be conducted under the rules of St. Vincent and the Grenadines, and the decision will be binding on both parties.
Legal Action: If mediation or arbitration does not resolve the dispute, either party may pursue legal action in the appropriate court, subject to the jurisdiction set out in the "Governing Law and Jurisdiction" section of these Terms.
7.4 Governing Law and Jurisdiction
These Terms of Service, and any disputes arising from or relating to your access to or use of the DeathWish game, are governed by and construed in accordance with the laws of St. Vincent and the Grenadines, without regard to its conflict of laws principles.
By using the DeathWish game, you agree that any legal action, dispute, or proceeding arising out of or related to these Terms of Service shall be submitted to the exclusive jurisdiction of the courts of St. Vincent and the Grenadines.
However, where applicable law allows, Games Media may choose to resolve disputes through arbitration, conducted under the rules of an internationally recognised arbitration organisation, in English, with such arbitration taking place virtually or in a location determined by Games Media.
Nothing in this section shall limit your rights as a consumer under the mandatory laws of your country of residence where such laws are applicable and cannot be waived.
8. Liabilities and Indemnification
8.1 Limitation of Liability
To the fullest extent permitted by applicable law, Games Media and its affiliates, partners, licensors, and service providers shall not be liable to you for any direct, indirect, incidental, special, consequential, punitive, or exemplary damages arising from or in connection with your use of DeathWish, including but not limited to loss of profits, revenue, goodwill, business opportunities, or data, or any other intangible losses (even if we have been advised of the possibility of such damages), regardless of whether the claim is based on contract, tort, negligence, or any other legal theory.
This includes but is not limited to:
Loss of In-Game Assets: Games Media is not responsible for any loss or theft of in-game assets, including blockchain-based tokens, NFTs, or digital goods, whether caused by technical issues, hacking, or user error.
Web3 or Blockchain Disruptions: Games Media is not liable for any issues arising from third-party blockchain networks, including but not limited to delays, errors, or failures in processing transactions, smart contract malfunctions, or issues related to your cryptocurrency wallet.
Service Interruptions: We do not guarantee uninterrupted access to DeathWish and are not liable for any disruptions or downtime caused by maintenance, server failures, or issues with third-party providers (including Web3 infrastructure providers).
Cybersecurity Threats: While we implement reasonable security measures, Games Media is not liable for breaches of security, such as hacking, phishing, or other malicious activities affecting your account or in-game assets.
Our total liability to you for all claims arising out of or relating to these Terms of Sale, whether in contract, tort (including negligence), or otherwise, shall not exceed the amount you have paid for access to DeathWish in the six (6) months preceding the event giving rise to the claim.
8.2 Indemnification
You agree to indemnify, defend, and hold harmless Games Media, its directors, officers, employees, agents, licensors, and affiliates, from and against any and all claims, damages, losses, liabilities, costs, and expenses (including but not limited to legal fees and expenses) arising out of or in connection with:
Breach of Terms: Any violation of these Terms of Sale or the DeathWish Privacy Policy, including any unauthorised use of your account or breach of our conduct guidelines.
Use of Web3 Technology: Any issues arising from your interactions with Web3 technology, including but not limited to blockchain networks, digital wallets, cryptocurrency, NFTs, or any other decentralised technology used within the game.
User-Generated Content: Any content that you upload, submit, post, or otherwise contribute to the game or services, including but not limited to your username, digital assets, or any other content that infringes upon the rights of others, including intellectual property rights or privacy rights.
Infringement of Third-Party Rights: Any claims arising from the use, access, or distribution of DeathWish in a manner that infringes upon the intellectual property, privacy, or other rights of third parties.
Fraudulent or Unlawful Activity: Any fraudulent, unlawful, or harmful activity, including but not limited to the use of bots, cheats, or other third-party software to exploit the game or manipulate transactions.
Loss of Digital Assets: Any claim related to the loss or theft of blockchain-based assets such as NFTs, tokens, or cryptocurrency associated with your account, regardless of cause, including network failures, malicious attacks, or your own actions.
This indemnification obligation applies even if Games Media is found to be partially at fault and survives the termination or expiration of these Terms of Sale.
8.3 No Warranties
DeathWish is provided on an "as-is" and "as-available" basis, without any warranties of any kind, either express or implied. To the fullest extent permitted by applicable law, Games Media disclaims all warranties, including but not limited to:
Implied Warranties: We do not provide any implied warranties of merchantability, fitness for a particular purpose, or non-infringement, and we make no guarantees regarding the game’s compatibility with your device or the accuracy or reliability of any blockchain transactions.
Game Functionality: We do not warrant that DeathWish will be error-free, secure, or free from defects or interruptions. We do not guarantee that the game will meet your expectations or be suitable for your needs.
Blockchain or Web3 Transactions: We cannot guarantee the performance or success of any transactions involving Web3 assets, NFTs, tokens, or cryptocurrency. Games Media is not responsible for any loss or damage arising from blockchain-related errors, including delays, network congestion, or smart contract failures.
Third-Party Services: Games Media is not responsible for the actions or failures of third-party service providers, including blockchain networks, wallet services, or other Web3-related infrastructure.
Any reliance on DeathWish or any content or services provided through the game is at your own risk.
8.4 Force Majeure
Games Media will not be liable for any failure or delay in performing its obligations under these Terms of Sale, where such failure or delay is caused by circumstances beyond our reasonable control, including but not limited to:
Natural disasters, such as earthquakes, floods, or severe weather events.
Acts of terrorism, war, or civil unrest.
Acts of government, regulatory bodies, or authorities, including changes in laws or regulations affecting the game.
Network failures or technological issues, such as server outages or interruptions.
Malicious attacks, including hacking, phishing, or denial-of-service attacks.
Any other event that is outside the reasonable control of Games Media.
If any such event occurs, we will take reasonable steps to mitigate its impact, but we cannot guarantee that service will be restored immediately or at all.
8.5 Governing Law and JurisdictionThese Terms of Sale, including all liability and indemnification provisions, shall be governed by and construed in accordance with the laws of St. Vincent and the Grenadines, without regard to its conflicts of law principles.
You agree that any dispute, claim, or controversy arising out of or relating to this section, or the Terms of Sale generally, shall be resolved in the courts located in [Insert location], unless otherwise agreed upon by both parties in writing. You consent to the exclusive jurisdiction and venue of such courts, and you waive any objections to such jurisdiction or venue.
9. General Provisions
1. Governing Law
These Terms of Service shall be governed by and construed in accordance with the laws of St. Vincent and the Grenadines, without regard to its conflict of law principles.
2. Dispute Resolution
Any disputes or claims arising out of or in connection with these Terms of Service or your use of the Service shall be resolved exclusively through binding arbitration in St. Vincent and the Grenadines. The arbitration shall be conducted by a single arbitrator, and the language of arbitration shall be English.
3. Severability If any provision of these Terms of Service is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.
4. Amendments
We reserve the right to amend or modify these Terms of Service at any time, and such amendments shall become effective immediately upon posting on the platform. By continuing to access or use the Service after such amendments, you agree to be bound by the modified terms.
5. No Waiver
Failure or delay by Games Media to exercise any right, power, or privilege under these Terms of Service shall not be deemed a waiver of such right, power, or privilege.
6.Force Majeure
Games Media shall not be liable for any failure or delay in the performance of its obligations under these Terms of Service due to causes beyond its reasonable control, including but not limited to acts of nature, war, terrorism, or technical failures.
7. Entire Agreement
These Terms of Service, along with any other legal notices and agreements published by Games Media on the Service, constitute the entire agreement between you and Games Media with respect to the use of the Service.
8. Assignment
Games Media reserves the right to assign or transfer its rights and obligations under these Terms of Service, in whole or in part, without restriction. You may not assign or transfer any rights or obligations without the prior written consent of Games Media.
9. Headings
The section titles in these Terms of Service are for convenience only and have no legal or contractual effect.
10.Survival
All provisions of these Terms of Service which, by their nature, should survive termination or expiration of these Terms, shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Appendix 1: E-Signature and Disclosure
1. Electronic Agreement
By accessing or using the DeathWish game or related services (the "Service"), you acknowledge and agree that these Terms of Service, along with any future amendments or modifications, are legally binding agreements between you and Games Media. You further agree that your actions, such as clicking "I Agree" or using the Service, constitute your electronic signature and consent to be bound by these Terms of Service.
2. Consent to Electronic Communications
By using the Service, you consent to receive communications from Games Media electronically, including but not limited to notices, agreements, disclosures, and other information related to your use of the Service. You agree that all such communications provided to you electronically satisfy any legal requirement that such communications be in writing.
3. E-Signature Validity You understand and agree that your electronic signature on these Terms of Service or other documents or forms relating to your use of the Service is as valid, enforceable, and legally binding as a physical signature.
4. Right to Withdraw Consent
You have the right to withdraw your consent to the use of electronic signatures and communications at any time. To do so, you must contact Games Media through the contact details provided in the Service. If you withdraw your consent, your right to use the Service may be terminated, and you may forfeit any access to any features or content.
5. System Requirements
To access and retain electronic communications, you must have a compatible device and internet connection. Games Media is not responsible for any failure to receive or access communications due to technical issues on your part, including but not limited to network outages or device incompatibility.
6. Record Retention
You acknowledge that it is your responsibility to maintain a copy of any agreements, disclosures, or other documents provided to you electronically. You may download or print these documents for your records, and Games Media does not undertake to provide you with paper copies of any electronic communications.
Appendix 2: Arbitration Agreement
1. Agreement to Arbitrate
You and Games Media agree that any disputes, claims, or controversies arising out of or relating to these Terms of Service, your use of the DeathWish game or any associated services, or any other interactions between you and Games Media, shall be resolved exclusively by binding arbitration, rather than in court, except where prohibited by applicable law.
2. Arbitration Rules
The arbitration shall be conducted in accordance with the rules of the [insert relevant arbitration organisation, e.g., the International Chamber of Commerce (ICC) or the Caribbean Dispute Resolution Centre (CDRC)], which are in effect at the time the arbitration is initiated. If you are unable to obtain a copy of such rules, Games Media can provide them upon request.
3. Arbitration Location
The arbitration shall take place in St. Vincent and the Grenadines, unless you and Games Media agree otherwise. The language of the arbitration shall be English, and the decision of the arbitrator shall be final and binding.
4. Arbitrator’s Authority
The arbitrator shall have the authority to hear and resolve claims, including claims for damages or other relief, and to determine the enforceability of this arbitration agreement. However, the arbitrator shall not have the authority to consolidate disputes or to hear any disputes on behalf of a class, and any claims must be arbitrated on an individual basis.
5. Exclusion from Arbitration
Notwithstanding the foregoing, you or Games Media may bring a claim in small claims court if the claim is within the jurisdiction of such court and is brought individually.
6. Costs and Fees
The costs of arbitration, including the arbitrator’s fees, shall be borne equally by both parties, unless otherwise required by the rules of the applicable arbitration organisation or applicable law. You may be entitled to recover reasonable legal fees if you prevail in arbitration, in accordance with the applicable rules.
7. No Class Actions
You agree that any arbitration shall be conducted on an individual basis, and not as a class action, class arbitration, or representative action. You waive any right to participate in any class action, collective action, or representative proceeding in relation to any dispute covered by this arbitration agreement.
8. Opt-Out Right
You may opt out of this arbitration agreement within thirty (30) days of accepting these Terms of Service by sending a written notice to Games Media at the contact address provided in the Service. The notice must include your name, address, and a clear statement that you wish to opt out of this arbitration agreement. If you opt out, you will retain your right to resolve disputes in court, subject to any other applicable terms and conditions.
9. Survival of Agreement
This Arbitration Agreement shall survive the termination or expiration of these Terms of Service, and shall remain in effect even if you stop using the Service or cancel your account.
You and Games Media agree that any disputes, claims, or controversies arising out of or relating to these Terms of Service, your use of the DeathWish game or any associated services, or any other interactions between you and Games Media, shall be resolved exclusively by binding arbitration, rather than in court, except where prohibited by applicable law.
Prohibited Use Policy
By using the DeathWish game and associated services, you agree not to engage in any of the following prohibited activities:
1. Illegal Activities
You agree not to use the Service to engage in any activity that violates any applicable law, regulation, or legal obligation, including, but not limited to, laws regarding intellectual property, privacy, money laundering, or fraud.
2. Impersonation
You must not impersonate any person or entity, including, but not limited to, Games Media staff, community moderators, or other users, or misrepresent your affiliation with any person or entity, including through the use of misleading or false information.
3. Cheating, Hacking, or Exploiting Bugs
You must not engage in any activity that unfairly alters the gameplay experience, including, but not limited to, exploiting bugs or glitches in the game, using third-party software to manipulate or alter the game, or cheating in any manner. This also includes the use of automated scripts, bots, or other means to manipulate the game’s mechanics.
4. Harassment or Abusive Behaviour
You may not harass, threaten, or intimidate other users. This includes abusive language, hate speech, discrimination, or any other behaviour intended to harm, intimidate, or discriminate against others based on race, gender, nationality, disability, sexual orientation, religion, or any other protected characteristic.
5. Spamming or Unsolicited Communications
You must not engage in spamming, including sending unsolicited messages, promotional material, or advertising to other players or through the Service’s communication systems. This includes any attempt to solicit personal information from other users.
6. Fraudulent or Deceptive Practices
You are prohibited from engaging in any fraudulent activity, including but not limited to: deceiving other players, participating in phishing schemes, misrepresenting your identity, or attempting to obtain in-game items, currency, or benefits by dishonest means.
7. Distribution of Malware
You may not upload, distribute, or link to any files, software, or other materials that contain viruses, malware, or any other harmful code that could damage, disable, or impair the Service, the accounts of other users, or the devices of players.
8. Intellectual Property Infringement
You must not upload or share content that infringes the intellectual property rights of others, including but not limited to copyrighted material, trademarks, or patents. All in-game content and intellectual property remain the property of Games Media unless otherwise specified.
9. Buying or Selling Accounts, In-Game Items, or Currency
You may not buy, sell, or trade your account, in-game items, currency, or other virtual goods for real-world money or other considerations, except as explicitly authorised by Games Media. This includes transferring ownership of accounts, characters, or game assets through third-party platforms or outside of official channels.
10. Disrupting the Service
You must not disrupt or interfere with the normal functioning of the game, servers, or any part of the Service, including through excessive load, DDoS attacks, or any activity that might compromise the stability or accessibility of the platform.
11. Exploiting Web3 Technology for Illegitimate Purposes
Any use of blockchain or web3 technology for illegal, unethical, or unauthorised purposes, including but not limited to the creation or distribution of counterfeit tokens, fraudulent transactions, or attempting to manipulate the game's economy, is strictly prohibited.
12. Encouraging or Promoting Prohibited Conduct
You may not encourage or promote any behaviour that violates this Prohibited Use Policy, including facilitating or instructing others on how to engage in any of the activities outlined above.
13. Violation of Community Standards
You agree to respect the integrity of the community and not engage in behaviour that could undermine the enjoyment, safety, or experience of other players. This includes violating the community standards set forth in any official community guidelines, forums, or other user interactions on the platform.
Consequences of Violations
Any violation of this Prohibited Use Policy may result in consequences, including but not limited to:
Temporary or permanent suspension of your account.
Forfeiture of in-game assets, tokens, or other items.
Legal action, including claims for damages or injunctive relief.
Games Media reserves the right to investigate any suspected violations and take appropriate action, at its sole discretion, to protect the integrity of the game and the community.
Privacy Policy
Last Updated: Tuesday 28th January 2025.
At DeathWish by Games Media, your privacy is important to us. This Privacy Policy explains how we collect, use, disclose, and safeguard your information when you interact with the DeathWish game and its associated services (the "Service"). By accessing or using the Service, you consent to the practices described in this policy.
If you have any questions or concerns regarding this Privacy Policy, please contact us using the information provided at the end of this document.
1. Information We Collect
We collect different types of information in order to provide and improve the Service. The information we collect may include the following:
Personal Information: This includes identifiable data that you provide directly to us when registering for an account, interacting with customer support, or engaging with the Service. This may include your full name, email address, phone number, mailing address, and other information necessary to provide the Service or fulfil your requests.
Account Information: This includes data related to your account within the DeathWish platform, such as your username, password, and any preferences or settings you choose.
Payment and Transaction Data: If you make purchases through the game or engage in any blockchain-based transactions, we may collect information related to the payment method (e.g., cryptocurrency wallet addresses, payment provider, transaction IDs), the items purchased, and transaction history. We do not store sensitive payment information (like credit card details), as payments are processed by trusted third-party providers.
Blockchain Data: Since DeathWish operates within the web3 ecosystem, we may collect blockchain-related data such as wallet addresses, token holdings, non-fungible token (NFT) ownership, transaction history, and other blockchain-specific interactions. We do not have access to your private keys.
Usage Data: This includes non-personally identifiable information about your use of the Service, such as IP address, browser type, device information, operating system, and page interactions. We may collect this data through cookies and other tracking technologies to enhance the performance and functionality of the Service.
Cookies and Tracking Technologies: We use cookies, web beacons, and similar technologies to collect information about your use of the Service, such as your preferences, browsing history, and interactions. These technologies help us improve your experience and deliver personalised content and advertisements.
2. How We Use Your Information
We use the information we collect for a variety of purposes, including:
To Provide and Maintain the Service: We use your personal and account information to create and manage your account, provide in-game features, process transactions, and deliver the overall gaming experience.
To Improve the Service: We use usage data to monitor, analyse, and improve the Service’s performance. This includes addressing technical issues, optimising gameplay, and enhancing overall functionality.
To Communicate with You: We may use your contact details to send you service-related communications, such as account updates, in-game notifications, customer support messages, and important alerts regarding the Service. We will only send promotional communications if you have opted in to receive them.
To Personalise Your Experience: We use your preferences and interactions with the Service to provide you with tailored content, advertisements, and offers that we believe may interest you.
For Legal and Security Purposes: We may use your information to comply with legal obligations, enforce our Terms of Service, prevent fraud, investigate suspicious activities, and protect the integrity of the game and our users.
For Blockchain Transactions: If you engage in blockchain-based activities within DeathWish, we use blockchain data (such as wallet addresses and transaction details) to process in-game purchases, trades, NFT transactions, and other web3-related activities.
3. How We Protect Your Information
We take the security of your information seriously and use commercially reasonable measures to protect it from unauthorised access, alteration, or disclosure. These measures include encryption, secure servers, and regular audits of our systems.
However, it is important to understand that no data transmission or storage system can be guaranteed to be 100% secure. While we strive to protect your data, we cannot guarantee the absolute security of your personal information.
You are also responsible for keeping your account login details (including your password and blockchain wallet information) secure. We recommend using strong, unique passwords and enabling any additional security features available, such as two-factor authentication.
4. Sharing Your Information
We do not sell or rent your personal information to third parties. However, we may share your information in the following cases:
Service Providers: We may share your information with trusted third-party service providers that help us operate the Service, process payments, conduct analytics, and manage customer support. These providers are bound by confidentiality agreements and are not permitted to use your information for purposes other than providing services to us.
Legal Compliance: We may disclose your personal information if required by law, in response to a valid legal request such as a subpoena, court order, or government inquiry, or to protect the rights, safety, or property of Games Media, its users, or the public.
Business Transfers: If Games Media undergoes a merger, acquisition, or sale of assets, your personal information may be transferred as part of that transaction. We will notify you of any such transfer and provide you with the opportunity to opt out if applicable.
With Other Users: Some aspects of the game may involve sharing certain information with other players. For example, your username, leaderboard position, or transaction history may be visible to others, depending on your privacy settings and the nature of the interaction.
Third-Party Advertising Partners: We may share anonymised data with advertising partners for the purpose of showing personalised ads. These partners may use cookies or other tracking technologies to deliver relevant ads based on your browsing history and in-game activity. You may be able to opt out of personalised ads through your browser settings or through third-party platforms.
5. Your Rights and Choices
Depending on your location and applicable data protection laws, you may have the following rights:
Access to Your Information: You may request access to the personal information we hold about you, including a copy of your data in a commonly used format. If you believe that any of the information we hold about you is inaccurate or incomplete, you may request corrections.
Data Deletion: You can request the deletion of your account and personal data by contacting us. Please note that some information may need to be retained for legal, security, or operational reasons, and may not be immediately deleted upon request.
Opting Out of Communications: You can opt out of receiving marketing emails or other promotional communications at any time by clicking the “unsubscribe” link in the email or by adjusting your account preferences. Please note that you may still receive essential service-related communications, such as transaction receipts or account updates.
Data Portability: If you are in certain jurisdictions, you may request a copy of your personal information in a machine-readable format and have it transferred to another service provider.
Withdraw Consent: If we process your data based on consent (such as for marketing communications), you can withdraw that consent at any time by contacting us.
6. International Transfers
As our services are global, your personal data may be processed, stored, or transferred to countries outside of your jurisdiction, including St. Vincent and the Grenadines. By using the Service, you consent to the transfer of your personal information across borders.
We ensure that any transfers of personal data comply with applicable data protection laws and take reasonable steps to ensure your data is protected during such transfers.
7. Children’s Privacy
DeathWish is not intended for children under the age of 18. We do not knowingly collect personal information from children. If we learn that we have collected information from a child under the age of 18, we will take steps to delete that information as soon as possible.
8. Changes to this Privacy Policy
We may update this Privacy Policy from time to time to reflect changes in our practices, technologies, or legal obligations. When we update the policy, we will post the revised version on this page and update the "Last Updated" date at the top of the policy.
We encourage you to review this Privacy Policy periodically to stay informed about how we protect your personal data. Your continued use of the Service after any changes to this Privacy Policy constitutes your acceptance of those changes.
9. Contact Us
If you have any questions, concerns, or requests regarding this Privacy Policy or your personal information, please contact our support through our Discord channel: https://discord.com/invite/playdeathwish.Alternatively, you may contact us through our official website at: https://www.DeathWish.game/.
At DeathWish by Games Media, your privacy is important to us. This Privacy Policy explains how we collect, use, disclose, and safeguard your information when you interact with the DeathWish game and its associated services (the "Service"). By accessing or using the Service, you consent to the practices described in this policy.
If you have any questions or concerns regarding this Privacy Policy, please contact us using the information provided at the end of this document.
