Web3 Terms of use – 8 Ball Magic

ITA Web3 Services are platforms via which you may access certain products or services interacting with blockchain networks including ITA Digital Collectibles (as defined in Article 1.1 below) and made available to you by ITA Group, or any of its subsidiaries or affiliated companies (“We”). These ITA Web3 Terms of Use (the “ITA Web3 Terms”) describe your rights and obligations with respect to any of the ITA features and content accessible to you as part of any ITA Web3 Services (including, without limitation, Digital Collectibles). which you have accepted in our applications/games and which also apply to your use of ITA Digital Collectibles. In case of inconsistency between ITA Web3 Terms and Terms of Use, the first ones will prevail on the second ones. Additional terms and conditions may apply for specific ITA Web3 offers that we can make available to you from time to time. Please make sure to read them carefully. All capitalized terms used but not defined herein shall have the meaning given to them in the Terms of Use. For the avoidance of doubt, all references to “Service(s)” in the Terms of Use shall include ITA Web3 Services and Digital Collectibles.

1. Description & Availability of Digital Collectibles

1.1 Description

ITA may provide various Services that allow you to acquire and use non-fungible tokens (“NFTs”) representing digital items (e.g., in-game cosmetics, collectibles) via transactions conducted through a third-party blockchain network. Such Services are intended to enhance your gaming experience. The details of each Digital Collectible will be visible prior to initiating acquisition; please check the applicable details before claiming or completing the transaction. Each Digital Collectible is unique and may feature a specific serial number.

1.2 Availability

ITA Web3 Services are currently unavailable in the most countries or regions.

Please note that the list of countries or regions is subject to change and that we may offer certain ITA Web3 Services to a more restrictive list of countries or regions.

2. Eligibility

To acquire and use Digital Collectibles through the ITA Web3 Services you must fulfill the following cumulative criteria:

You must be located and residing in one of the regions or countries in which the Services are available.

We will verify your location based on several criteria and we reserve the right to deny access to the ITA Web3 Services and their features if it is determined that you are not located in a country or region where such Services are available.

You must be at least 18 years old (or older if required by applicable law).
You must have a valid ITA Account.

We also reserve the right to disable your access to our ITA Web3 Services should your ITA Account be banned (i) from our game(s); or (ii) at the Account level; or (iii) from the applicable ITA Web3 Service; or should you receive any sanction that would otherwise limit your ability to acquire Digital Collectibles.

Additional eligibility criteria may be applicable to acquire specific Digital Collectibles. If applicable, we will make them available to you on the applicable ITA Web3 Service.

3. Acquiring Digital Collectibles on ITA Web3 Services

Article 7 provides important information regarding services provided by third parties, such as crypto wallets and third-party platforms. Please make sure to read it before using any third-party solution.

3.1 Creation of or connection to your ITA Account

In order to use ITA Web3 Services, you will be asked to either create or connect to an existing ITA Account. Please read our Terms of Use or our dedicated Help article.

3.2 Creation or connection of a crypto-wallet

We do not offer a crypto-asset wallet (“crypto-wallet”) or custody NFTs for our users. In order to acquire Digital Collectibles on ITA Web3 Services or authorized third-party marketplaces, you must have a crypto-wallet compatible with the applicable blockchain network utilized by the applicable ITA Web3 Service. If you already have one, you only need to connect it within the applicable ITA Web3 Service. If you do not, we may create one for your. Where applicable, by clicking on the name of the third-party crypto-wallet providers, you will leave the ITA ecosystem and be redirected to their services to create your crypto-wallet. Once created, you will need to connect it to the applicable ITA Web3 Service. Please note that, once you connect a crypto-wallet, you may be restricted in your ability to switch to another. We will deliver any Digital Collectibles that you acquire on ITA Web3 Services directly to your crypto-wallet.

Please note that:

crypto-wallets are provided by third parties and not by us. The terms applicable to your use of the crypto-wallet are the ones provided by such third parties.
your crypto-wallet public address will be made publicly visible whenever you engage in a transaction of Digital Collectibles,
third-party providers of crypto-wallets may charge you fees for the service they provide to you,
we will not be liable to you for any loss that results from your use of crypto-wallets,

3.3 Acquiring Digital Collectibles

Provided that:

you fulfill all eligibility criteria,
there are remaining Digital Collectibles available to acquire, and
any deadline to acquire your Digital Collectible has not passed yet,

Simply follow the steps to acquire your Digital Collectible. Depending on the ITA Web3 Service, you may have to wait for the claim period to end before the Digital Collectible is added to your crypto-wallet.

Should you want to acquire a Digital Collectible through a third-party Marketplace (as defined below), please make sure to read all eligibility criteria applicable to said Digital Collectible before finalizing your acquisition.

4. Use of Digital Collectibles

4.1. Enhancing your gaming experience

Digital Collectibles are designed to enhance your gaming experience by granting you access to unique items that you can use in the applicable game or experience.

Digital Collectibles are intended for consumer enjoyment, use and consumption only. You represent and warrant that you are not acquiring Digital Collectibles for any other purpose, including but not limited to, for speculative and/or investment purposes, use as a substitute for currency or medium of exchange, resale or redistribution and that you are not acquiring any equity or other ownership or profit-sharing interest in ITA, its affiliates or any game or experience associated with the Digital Collectibles as a result of your acquisition Digital Collectibles. You also recognize that the Digital Collectibles are not financial instruments nor regulated digital assets.

You warrant and covenant that you will not portray the Digital Collectibles as an opportunity to gain an economic benefit or profit, or as an investment, equity, or any other ownership or profit-sharing interest in ITA, its affiliates or any game or experience associated with the Digital Collectibles.

4.2. Transfer your Digital Collectibles

If you no longer want to keep any of your Digital Collectibles, unless otherwise specifically mentioned in the dedicated game or experience FAQ, you can decide to transfer them to other marketplaces (the “Marketplaces”), in the cryptocurrencies compatible with such Marketplaces. Please make sure to review the applicable information on transferring your Digital Collectibles, as limitations on transferring may apply.

You acknowledge and agree that:

any transfer must comply with any applicable terms of the applicable Marketplace and any applicable laws, regulations, regulatory guidance, and rules.
we, or our designees, may take a fee based on the total value of the transaction for each transfer of a Digital Collectible that you make through any Marketplace. If so, it may be deducted from the purchase price received by the seller via a smart contract. Marketplaces may also charge you fees for the service they provide to you.
we do not guarantee the future value of the Digital Collectibles you acquire; such value is independent from us, inherently subjective and may be impacted by factors outside of our control.
the Digital Collectibles are available only on the blockchain applicable to each ITA Web3 Service. You will not be able to transfer your Digital Collectible to any crypto-wallet that is not compatible with that applicable blockchain. In the event that you inadvertently transfer a Digital Collectible to a crypto-wallet that is not compatible with the applicable blockchain, your Digital Collectible may be lost or destroyed.

5. Ownership & License granted

For the purpose of this Article 5:

“Visual Representation” means any art, drawing, design, video or other form of visual representation, and any associated Intellectual Property Rights, that may be associated with a given Digital Collectible, including its in-game representation and the video collectible.

5.1 You own the NFT

When you acquire a Digital Collectible on a ITA Web3 Service or through the Marketplaces, you become the owner of the underlying that asset. This ownership is ensured and verified by a specific protocol (smart contract) on the applicable blockchain network. We make no guarantee or promise with respect to smart contracts, we have no control over your ownership of the asset and cannot modify it. You hereby acknowledge and agree that the NFT/Asset is separate from the Visual Representation. When you acquire a Digital Collectible, the underlying NFT/Asset is transferred to you and, by owning the NFT/Asset, you receive a license to the Visual Representation through the NFT/Asset, as set forth in Article 5.3 below and subject to these ITA Web3 Terms. For clarification purposes, you do not become the owner of the Visual Representation associated with the Digital Collectibles you acquired.

5.2 We own the Visual Representation/Items of the Digital Collectible & ITA Web3 Services

You acknowledge that all Intellectual Property Rights and other right, title and interest in and to all elements of the ITA Web3 Services we make available to you, including but not limited to all Intellectual Property Rights on such websites, the website content, on the Digital Collectibles and on the Visual Representations of the Digital Collectibles or Items, are owned by us and/or our licensors.

5.3 We grant to you a license on the Visual Representation on ingame Items

Subject to your compliance with these ITA Web3 Terms, we grant to you a limited, non-exclusive, worldwide, revocable license to access, perform and display the Visual Representation of your Digital Collectible or Items, solely for the following purposes:

for your own personal, non-commercial use, as part of the applicable ITA experience this Digital Collectible is associated to (when applicable); and to hold in your crypto-wallet,
to transfer or otherwise dispose of your Digital Collectible through the Marketplaces.

Such license granted to you continues as long as you continue to own the NFT/Asset, unless otherwise provided in these ITA Web3 Terms. If, at any time, you decide to transfer or otherwise dispose of the Digital Collectible for any reason, the license granted to you with respect to the associated Visual Representation/ingame-item will immediately end without notice.

The rights not expressly granted are reserved to us and/or our licensors.

5.4 Restrictions on the license

You do not have the right to, directly or indirectly:

modify, or create any derivative works based on, the item Representation of your Digital Collectible in any way, including, without limitation, the shapes, designs, drawings, attributes, characteristics or colors,
use the Visual Representation of your Digital Collectible to advertise, market, or sell any third-party product or service,
use the item Representation of your Digital Collectible in videos or any other forms of media,
sell, distribute or otherwise commercialize merchandise that includes, contains, or consists of the item Representation of your Digital Collectible,
otherwise use the item Representation of your Digital Collectible for your or any third party’s commercial benefit,
attempt to trademark, copyright, or otherwise acquire additional Intellectual Property Rights in the item Representation of your Digital Collectible,
create, sell, or attempt to create or sell, fractionalized interests in the NFT or the item Representation or the Digital Collectible, or
separate, unlink, or decouple the item Representation from the NFT/Asset with which it is associated.

6. Taxes and Withdrawals

You are solely responsible to pay any and all taxes now or hereafter claimed or imposed to you by any governmental authority associated with your use of ITA Web3 Services (including, without limitation, taxes that may become payable as the result of your acquisition, ownership or transfer of Digital Collectible).

Withdrawals. Subject to these Terms and any applicable Product Terms, and provided that you have sufficient balance on your ITA Account and the relevant Digital Assets are not on hold in your ITA Account in connection with any ITA Service, you may give Instructions to ITA to transfer Digital Assets to an external wallet address by submitting a withdrawal request on the Platform. Upon receipt of the withdrawal request, ITA will: (i) deduct your ITA Account balance; and (ii) initiate an on-chain transfer to an external wallet designated by you. ITA may not process a withdrawal request if, in our reasonable opinion, we consider that Applicable Law prevents the execution of the relevant withdrawal. ITA may also suspend withdrawals at such time deemed appropriate by ITA to resolve any incidents on the Platform. Once such incidents have been resolved, ITA will resume withdrawals.

7. Disclaimers

7.1 DISCLAIMERS; LIMITATION OF LIABILITY

FORCE MAJEURE. WE WILL NOT BE LIABLE FOR ANY DELAY OR FAILURE TO PERFORM AS REQUIRED BY THESE TERMS TO THE EXTENT THE DELAY OR FAILURE IS CAUSED BY A FORCE MAJEURE EVENT.

NOTHING IN THESE ITA WEB3 TERMS RESTRICTS, EXCLUDES OR MODIFIES, OR PURPORTS TO RESTRICT, EXCLUDE OR MODIFY ANY STATUTORY CONSUMER RIGHTS UNDER ANY APPLICABLE LAW.

TO THE EXTENT PERMITTED BY LAW, THE DIGITAL COLLECTIBLES, INCLUDING THE ASSOCIATED VISUAL REPRESENTATION OR CRYPTO ASSETS, IS PROVIDED TO YOU ON AN “AS IS” BASIS, AND WE EXPRESSLY DISCLAIM ANY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL ITA (AS DEFINED BELOW) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR OTHER NON-DIRECT DAMAGES OF ANY KIND, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

WHILE ITA (AS DEFINED BELOW) ATTEMPTS TO MAKE YOUR USE OF DIGITAL COLLECTIBLES AND NFTS SAFE, ITA CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THEDIGITAL COLLECTIBLES ANDNFTS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE DIGITAL COLLECTIBLES AND NFTS. ITA WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS OR MALFUNCTION OF DIGITAL COLLECTIBLES AND/OR NFTS, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (A) USER ERROR SUCH AS FORGOTTEN PASSWORDS, INCORRECTLY CONSTRUCTED TRANSACTIONS, OR MISTYPED ADDRESSES; (B) SERVER FAILURE OR DATA LOSS; (C) CORRUPTED CRYPTO-WALLET FILES; (D) UNAUTHORIZED ACCESS TO APPLICATIONS; OR (E) ANY UNAUTHORIZED THIRD PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION THE USE OF VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK AGAINST ITA WEB3 SERVICES OR THE ASSOCIATED BLOCKCHAINS.

OUR MAXIMUM AGGREGATE LIABILITY (AND OUR AFFILIATES’ MAXIMUM AGGREGATE LIABILITY) FOR ALL DAMAGES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND AS LISTED IN THIS ARTICLE 7.1 AND ARTICLES 7.2, 7.3 AND 7.4 BELOW, MAY NOT EXCEED THE PRICE YOU HAVE PAID FOR THE SERVICE DURING THE TWELVE (12) MONTHS PRIOR TO THE OCCURRENCE OF THE DISPUTE.

AS WITH ANY ASSET, THE VALUE OF DIGITAL ASSETS CAN FLUCTUATE SIGNIFICANTLY AND THERE IS A MATERIAL RISK OF ECONOMIC LOSS WHEN BUYING, SELLING, HOLDING OR INVESTING IN DIGITAL ASSETS. YOU SHOULD THEREFORE CONSIDER WHETHER TRADING OR HOLDING DIGITAL ASSETS IS SUITABLE FOR YOU IN LIGHT OF YOUR FINANCIAL CIRCUMSTANCES.

FURTHER INFORMATION ON THE RISKS ASSOCIATED WITH USING THE ITA WEB3 SERVICES IS SET OUT IN OUR RISK WARNING, WHICH MAY BE UPDATED FROM TIME TO TIME. YOU SHOULD READ THE RISK WARNING CAREFULLY, HOWEVER IT DOES NOT EXPLAIN ALL OF THE RISKS THAT MAY ARISE, OR HOW SUCH RISKS RELATE TO YOUR PERSONAL CIRCUMSTANCES.

IT IS IMPORTANT THAT YOU FULLY UNDERSTAND THE RISKS INVOLVED BEFORE MAKING A DECISION TO USE THE ITA WEB3 SERVICES.

WE ARE NOT YOUR BROKER, INTERMEDIARY, AGENT OR ADVISOR AND WE HAVE NO FIDUCIARY RELATIONSHIP OR OBLIGATION TO YOU IN CONNECTION WITH ANY TRANSACTIONS OR OTHER ACTIVITIES YOU UNDERTAKE WHEN USING THE ITA WEB3 SERVICES. WE DO NOT PROVIDE INVESTMENT OR CONSULTING ADVICE OF ANY KIND AND NO COMMUNICATION OR INFORMATION THAT WE PROVIDE TO YOU IS INTENDED AS, OR SHOULD BE CONSTRUED AS, ADVICE OF ANY KIND.

IT IS YOUR RESPONSIBILITY TO DETERMINE WHETHER ANY INVESTMENT, INVESTMENT STRATEGY OR RELATED TRANSACTION IS APPROPRIATE FOR YOU ACCORDING TO YOUR PERSONAL INVESTMENT OBJECTIVES, FINANCIAL CIRCUMSTANCES AND RISK TOLERANCE AND YOU ARE RESPONSIBLE FOR ANY ASSOCIATED LOSS OR LIABILITY. WE DO NOT RECOMMEND THAT ANY DIGITAL ASSET SHOULD BE BOUGHT, EARNED, SOLD OR HELD BY YOU. BEFORE MAKING THE DECISION TO BUY, SELL OR HOLD ANY DIGITAL ASSET, YOU SHOULD CONDUCT YOUR OWN DUE DILIGENCE AND CONSULT YOUR FINANCIAL ADVISOR. WE ARE NOT RESPONSIBLE FOR THE DECISIONS YOU MAKE TO BUY, EARN, SELL OR HOLD DIGITAL ASSETS BASED ON THE INFORMATION PROVIDED BY US, INCLUDING ANY LOSSES YOU INCUR ARISING FROM THOSE DECISIONS.

7.2 Regulatory evolutions

By using ITA Web3 Services and acquiring Digital Collectibles, you understand and acknowledge that the regulatory regimes in areas pertaining to blockchain-based services, cryptocurrencies and crypto-assets could be subject to change and new regulations or policies are likely to rapidly evolve. New or changing regulations or interpretation of existing laws and regulations may materially adversely affect the qualification and/or transfer and/or viability and/or value of the Digital Collectibles in the future and the future developments of ITA Web3 Services. We, as well as our parent company ITA Entertainment S.A., its affiliates and our respective officers, directors and employees (altogether “ITA”), will not be held responsible for any losses you may incur as a result of such potential evolutions and the consequences it may have on ITA Web3 Services, the Digital Collectibles and/or their potential utility and value.

7.3 Use of blockchain

Any transaction of Digital Collectibles you engage in will be conducted through the applicable blockchain network, which is still a nascent technology that may involve risks and over which we have no control; therefore, you are informed that:

ITA has no ability to reverse or cancel transactions,
ITA has no liability to you or to any third-party for any claims or damages that may arise as a result of any use of the applicable blockchain network, payments or transactions you engage in, including but not limited to (a) any loss, damages or claims arising from any malfunction, unintended function or unexpected functioning of the applicable blockchain network that may cause your Digital Collectibles to malfunction or function in an unexpected or unintended manner; or (b) any bugs or vulnerabilities in the smart contracts or their functioning.
the applicable blockchain network may be subject to specific weaknesses, which make them possibly targets for specific cybersecurity threats,
ITA has no liability in the risks implied by the use of this new technology, and you are solely responsible for secure storage of private keys for your crypto-wallet.

7.4 Use of services provided by third party

You further understand, acknowledge and agree that, in order to acquire, hold, use or transfer Digital Collectibles, you will need to use certain networks, services and/or platforms – such as but not limited to the applicable blockchain network, smart contracts, crypto-wallets, third party platforms or exchanges and the Marketplaces – provided by third parties (the “Third-Party Services”).

ITA Web3 Services may contain links to such Third-Party Services. ITA provides these links only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to these Third-Party Services.

Whether or not integrated into ITA Web3 Services, these Third-Party Services are provided under the terms, agreements or policies of the providers who offer them. Please make sure to read those terms and conditions carefully.

Those third parties may ask you to create an account and pay service and/or transaction fees.

They are solely responsible for their Third-Party Services. ITA will not be held responsible or liable to you for any act or omission of third parties offering their services, the accuracy or availability of such Third-Party Services and/or for any claims, damages or losses arising from your use of services provided by such third parties, including but not limited to forgotten password, incorrectly construed smart contracts or transactions, server failure, data loss, corrupted files, viruses, unauthorized access and/or use by third parties, late (or the absence of) reports by developers or representatives of issues affecting the applicable blockchain network, etc.).

7.5. THE DIGITAL COLLECTIBLES ARE INTENDED FOR CONSUMER ENJOYMENT, USE AND CONSUMPTION ONLY. THEY ARE NOT “SECURITIES,” AS DEFINED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED, THE INVESTMENT COMPANY ACT OF 1940, AS AMENDED, OR UNDER THE SECURITIES LAWS OF ANY U.S. STATE OR ANY OTHER SIMILAR REGULATIONS OF OTHER COUNTRIES.

8. Personal Data

We may collect and process your personal information (such as your crypto-wallet public address and information relating to the transactions you operate on the Digits to provide the services available to you on ITA Web3 Services. We may combine this information with other personal data we hold about you, including information from your ITA Connect account, for example to assess your eligibility to use the ITA Web3 Services. Some of your personal information (including your crypto-wallet public address) will be embedded into the Digital Collectibles and will be stored for as long as the underlying blockchain technology operates. To learn more about the processing of your personal data and how to exercise your privacy rights, please refer to ITA Privacy Policy.

9. Revision of these ITA Web3 Terms & Modification of ITA Web3 Services

You acknowledge and agree that the version of ITA Web3 Terms that is binding is the one that is online and accepted by you when you register for the Service. We may update ITA Web3Services and/or revise all or any portion of these ITA Web3 Terms, temporarily or permanently, at any time and for any reason at our sole discretion, changes to be effective as indicated, without any liability to you. We will notify by any means and with reasonable notice before the changes to the ITA Web3 Terms are effective. Your continued use of ITA Web3 Services after the changes are effective will be considered as an acceptance of said new version of the ITA Web3 Terms. Please stop using ITA Web3 Services if you do not agree with these changes.

10. Consequences of Game shutdown or Termination of one or all ITA Web3 Services

As set forth in the Terms of Use, we do not warrant that we will operate ITA Web3 Services and/or any game or experience, in whole or in part, for a specific period of time. If we decide to stop operating ITA Web3 Services and/or any game or experience, we will provide you with a prior notice.

Even if we decide to stop operating ITA Web3 Services and/or any game or experience featuring Digital Collectibles, you will continue owning your acquired NFTs, as they are stored on the applicable blockchain network, which is decentralized and completely independent from our infrastructure.

This means your NFTs will live on beyond ITA Web3 Services or any applicable game or experience, and you will still be able to transfer them through available Marketplaces in accordance with these ITA Web3 Terms.

However, this also means that the license granted to you under Article 5.3 will partially cease as you will no longer be able to use your Digital Collectible(s) as in-game content(s) or within the applicable experience, without any liability to ITA.

11. Breach & its consequences

We reserve the right to cancel, suspend, terminate or otherwise limit your ability to access all or part of ITA Web3 Services (including your ability to acquire Digital Collectibles) at any time if we suspect fraudulent, abusive, or unlawful activity, and/or activity that is otherwise contrary to the Terms of Use, these ITA Web3 Terms or any other terms between you and ITA and/or any applicable law or regulation.

In addition, please note that if we suspend or terminate your ITA Account or your access to the applicable game per the Terms of Use (or if you decide to close your ITA Account), you will no longer be able to access ITA Web3 Services and/or use your Digital Collectible(s)(s) as in-game content(s) or as part of the applicable experience, without any liability to ITA. You will however retain the Digital Collectible(s) you already acquired and be able to transfer them through the applicable Marketplaces.

12. APPLICABLE LAW & JURISDICTION; DISPUTE RESOLUTION AND CLASS ACTION WAIVER

PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.

OUR RIGHT. WE MAY AT ANY TIME MODIFY OR DISCONTINUE, TEMPORARILY OR PERMANENTLY, ANY PORTION OR FEATURE OF THE ITA SERVICES. IN PARTICULAR, WE MAY:

12.1 REFUSE TO COMPLETE OR BLOCK, CANCEL, OR, WHERE PERMITTED BY APPLICABLE LAW, REVERSE ANY TRANSACTION YOU HAVE AUTHORISED;

12.2 TERMINATE, SUSPEND, OR RESTRICT YOUR ACCESS TO ANY OR ALL OF THE ITA SERVICES;

12.3 TERMINATE, SUSPEND, CLOSE, HOLD OR RESTRICT YOUR ACCESS TO ANY OR ALL OF YOUR ITA ACCOUNT(S);

12.4 REFUSE TO TRANSMIT INFORMATION OR INSTRUCTIONS TO THIRD PARTIES (INCLUDING BUT NOT LIMITED TO THIRD-PARTY WALLET OPERATORS); AND/OR

12.5 TAKE WHATEVER ACTION WE CONSIDER NECESSARY, IN EACH CASE WITH IMMEDIATE EFFECT AND FOR ANY REASON INCLUDING, BUT NOT LIMITED TO WHERE:

A. YOU ARE NOT, OR ARE NO LONGER, ELIGIBLE TO USE ONE OR MORE ITA SERVICES;

B. WE REASONABLY SUSPECT THAT:

I. THE PERSON LOGGED INTO YOUR ITA ACCOUNT IS NOT YOU, OR WE SUSPECT THAT THE ITA ACCOUNT HAS BEEN OR WILL BE USED FOR ANY ILLEGAL, FRAUDULENT, OR UNAUTHORISED PURPOSES;

II. THE PERSON LOGGED INTO YOUR CORPORATE ITA ACCOUNT IS NOT A PERMITTED USER, OR WE SUSPECT THAT THE CORPORATE ITA ACCOUNT HAS BEEN OR WILL BE USED FOR ANY ILLEGAL, FRAUDULENT, OR UNAUTHORISED PURPOSES;

III. MORE THAN ONE NATURAL PERSON HAS ACCESS TO AND/OR TRANSACTS USING THE SAME ITA ACCOUNT, OR WE SUSPECT THAT ITA ACCOUNT HAS BEEN OR WILL BE USED FOR ANY ILLEGAL, FRAUDULENT, OR UNAUTHORISED PURPOSES;

IV. INFORMATION PROVIDED BY YOU IS WRONG, UNTRUTHFUL, OUTDATED, OR INCOMPLETE;

C. WE HAVE REASONABLE CONCERNS IN RELATION TO YOUR CREDITWORTHINESS OR FINANCIAL STATUS, INCLUDING:

I. IN THE EVENT THAT YOU ARE AN INDIVIDUAL, YOU BECOME BANKRUPT, OF UNSOUND MIND, COMMIT AN ACT OF BANKRUPTCY, OR HAVE ACTION TO PLACE YOU IN BANKRUPTCY COMMENCED AGAINST YOU;

II. IN THE EVENT THAT YOU ARE ACTING ON BEHALF OF A PARTNERSHIP, ANY OF THE PARTNERS DIE OR BECOME BANKRUPT OR OF UNSOUND MIND, COMMIT AN ACT OF BANKRUPTCY, OR HAVE ACTION TO PLACE ANY OF THE PARTNERS IN BANKRUPTCY COMMENCED, OR IF ACTION IS COMMENCED TO DISSOLVE AND/OR ALTER THE PARTNERS OR THE CONSTITUTIONS OF THE PARTNERSHIP;

III. IN THE EVENT THAT YOU ARE ACTING ON BEHALF OF A CORPORATION, THE CORPORATION IS UNABLE TO PAY ITS DEBTS AS AND WHEN THEY ARE DUE, OR ACTION IS COMMENCED TO PLACE THE CORPORATION IN INSOLVENCY, JUDICIAL MANAGEMENT, RECEIVERSHIP, ADMINISTRATIVE MANAGEMENT, OR ANY SIMILAR OR ANALOGOUS PROCEEDINGS;

IV. YOU CONVENE A MEETING OF YOUR CREDITORS OR PROPOSE OR MAKE ANY COMPROMISE OR ARRANGEMENT WITH OR ANY ASSIGNMENT FOR THE BENEFIT OF YOUR CREDITORS;

D. WE REASONABLY CONSIDER THAT WE ARE REQUIRED TO DO SO BY APPLICABLE LAW, OR ANY COURT OR AUTHORITY TO WHICH WE ARE SUBJECT IN ANY JURISDICTION;

E. WE HAVE DETERMINED OR SUSPECT:

I. THAT YOU HAVE BREACHED THESE TERMS OR ANY PRODUCT TERMS;

II. THAT YOU HAVE BREACHED ANY EXPRESS OR IMPLIED WARRANTIES IN THESE TERMS, OR ANY REPRESENTATIONS YOU HAVE MADE;

III. THAT ANY TRANSACTION IS UNAUTHORISED, ERRONEOUS, FRAUDULENT, OR UNLAWFUL OR WE HAVE DETERMINED OR SUSPECT THAT YOUR ITA ACCOUNT OR THE ITA SERVICES ARE BEING USED IN A FRAUDULENT, UNAUTHORISED, OR UNLAWFUL MANNER;

IV. THERE IS ANY OCCURRENCE OF MONEY LAUNDERING, TERRORIST FINANCING, FRAUD OR ANY OTHER CRIME IN CONNECTION WITH YOUR ITA ACCOUNT OR YOUR USE OF THE ITA SERVICES;

V. USING ANY BUG/GLITCH/TOOLS TO CHANGES STORED OR RUNTIME’S DATA IN OUR SERVICES/GAMES

F. THE USE OF YOUR ITA ACCOUNT IS SUBJECT TO ANY PENDING, ONGOING OR THREATENED LITIGATION, INVESTIGATION, OR JUDICIAL, GOVERNMENTAL OR REGULATORY PROCEEDINGS AND/OR WE PERCEIVE A HEIGHTENED RISK OF LEGAL OR REGULATORY NON-COMPLIANCE ASSOCIATED WITH YOUR ITA ACCOUNT ACTIVITY;

G. YOU OWE AMOUNTS TO ITA THAT ARE NOT SATISFIED, WHETHER DUE TO A CHARGEBACK OR ON ANY OTHER BASIS;

H. ANY EMAIL COMMUNICATION TO YOUR EMAIL ACCOUNT IS RETURNED AS UNDELIVERABLE;

I. AN ISSUE HAS ARISEN WITH THE VERIFICATION OF YOUR IDENTITY;

J. YOU HAVE TAKEN ANY ACTION THAT MAY CIRCUMVENT OUR CONTROLS SUCH AS OPENING MULTIPLE ITA ACCOUNTS WITHOUT OUR WRITTEN CONSENT OR ABUSING PROMOTIONS WHICH WE MAY OFFER FROM TIME TO TIME;

K. WE FORM THE VIEW THAT YOU ARE NOT PLAYING RESPONSIBLY (TROLLING) OR ARE OTHERWISE UNFIT TO ACCESS OR USE ANY ITA SERVICES; OR

L. THERE IS ANY OTHER VALID REASON WHICH MEANS WE NEED TO DO SO.

WE WILL TAKE REASONABLE STEPS TO PROVIDE YOU WITH NOTICE WHERE APPROPRIATE. HOWEVER, THERE MIGHT BE TIMES WHEN WE ARE REQUIRED NOT TO DO SO BY APPLICABLE LAW.

12.6 THE FORMATION, CONSTRUCTION AND INTERPRETATION OF THESE ITA WEB3 TERMS SHALL IN ALL RESPECTS BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF YOUR COUNTRY OF RESIDENCE, WITHOUT GIVING EFFECT TO ANY PRINCIPLES OF CONFLICTS OF LAWS. THESE ITA WEB3 TERMS SHALL NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS OF CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, THE APPLICATION OF WHICH IS HEREBY EXPRESSLY EXCLUDED FROM ANY INTERPRETATION OF THESE ITA WEB3 TERMS. IT IS HEREBY AGREED THAT ANY ACTION AT LAW OR IN EQUITY ARISING UNDER THESE ITA WEB3 TERMS AND/OR YOUR USE OF THE DIGITAL COLLECTIBLES SHALL BE FINALLY ADJUDICATED OR DETERMINED IN ANY COURT OR COURTS LOCATED IN YOUR COUNTRY OF RESIDENCE AND THE PARTIES HERETO HEREBY SUBMIT GENERALLY AND UNCONDITIONALLY TO THE PERSONAL AND EXCLUSIVE JURISDICTION AND VENUE OF THESE COURTS IN RESPECT TO ANY SUCH MATTER.

12.7 FOR US RESIDENTS: ALL CLAIMS YOU BRING AGAINST ITA MUST BE RESOLVED IN ACCORDANCE WITH THIS ARTICLE 12. ALL CLAIMS FILED OR BROUGHT CONTRARY TO THIS ARTICLE 12 SHALL BE CONSIDERED IMPROPERLY FILED AND A BREACH OF THESE ITA WEB3 TERMS. SHOULD EITHER PARTY FILE A CLAIM CONTRARY TO THIS ARTICLE, THE OTHER PARTY MAY RECOVER ATTORNEYS’ FEES AND COSTS UP TO TEN THOUSAND U.S. DOLLARS ($10,000.00 USD), PROVIDED THAT SUCH PARTY SEEKING SUCH FEES HAS NOTIFIED THE OTHER IN WRITING OF THE IMPROPERLY FILED CLAIM, AND THE OTHER HAS FAILED TO PROMPTLY WITHDRAW THE CLAIM.

IN ADDITION, YOUR CONDUCT MAY BE SUBJECT TO OTHER REGIONAL, FEDERAL, NATIONAL OR INTERNATIONAL LAWS.