Terms of Service

Last updated: 21 January 2024
By accessing or using any of Descend.GG's products, including TEAR Bridge, Marketplace or Descend Online (hereafter referred to as "the Service"), you agree to be bound by the following terms and conditions (the "Terms") and our Privacy Policy

Copyright and Content Creation

1. Copyright and Content Creation
1.1. All game art, graphics, text, designs, and other intellectual property displayed in the Service, including on the Descend.GG platform, are the exclusive property of Descend.GG. All rights not expressly granted herein are reserved to Descend.GG.
1.2. Content creators are permitted to use Descend.GG's game art and related content for the creation of gameplay videos, streams, and other similar forms of content. This permission is granted on a non-exclusive, non-transferable, and revocable basis.
1.3. When creating content using Descend.GG's assets, you must not portray any content in a way that is misleading, defamatory, or infringing on Descend.GG rights.
1.4. Monetization of gameplay videos and other content containing Descend.GG's assets is permitted, provided that the content adheres to the guidelines set forth in these Terms and does not infringe on Descend.GG intellectual property rights.
1.5. Descend.GG reserves the right to request the removal or modification of any content created using its assets that is deemed inappropriate or in violation of these Terms or any applicable laws.

2. Understanding and Managing Risk
2.1. Awareness and Acknowledgment: We want you to be fully aware of the digital world's nature. While using our Service, it's important to understand that digital currency transactions inherently carry some risk. However, we're dedicated to minimizing these risks wherever possible.
2.2. Our Commitment to Safety: At Descend.GG, your digital assets' safety is a top priority. While we strive to provide the highest level of security for your assets such as "TEAR", "Descend Items", and "XTEAR", we also want to be transparent about the challenges. Absolute safety in the digital realm is a difficult goal, but it's one we tirelessly work towards.

3. Offchain Technology
3.1. Innovative Technology for Your Benefit: Our Service leverages cutting-edge offchain technology. This innovation allows us to offer gasless transactions, saving you the gas cost of immutable storage on the blockchain. It's a efficient way to transact, designed with your convenience in mind.
3.2. Balanced Approach to Technology and Risk: While offchain technology is a breakthrough in efficiency and cost-effectiveness, we want you to know that it doesn't eliminate the risks inherent in digital transactions. We continuously work on improving and securing our technology to give you the best possible experience without underplaying the risks involved.

4. Exchange of TEAR
4.1. In using the Service, you may exchange your TEAR for XTEAR, an offchain asset on a centralized ledger, which are gifted to you in return for depositing TEAR into a decentralized smart contract.
4.2. The exchange rate, terms, and conditions of this exchange are subject to change and governed by the specifics of the smart contract and the network it is on.

5. Security and Liability
5.1. Descend.GG implements various security measures to protect your TEAR, including but not limited to, limiting the amount accessible by potential unauthorized parties in the event of a security breach.
5.2. Despite these measures, Descend.GG cannot be held liable for any loss, theft, or unauthorized access, whether as a result of a security breach or other factors beyond our control.

6. Decentralization and User Responsibility
6.1. If you prefer decentralized solutions and prioritize the security of your assets, we strongly advise against using the Service and recommend keeping your TEAR onchain.

7. Marketplace Transactions
7.1. Descend.GG provides a peer-to-peer (P2P) marketplace for users to engage in transactions. We are not responsible for any financial loss incurred due to transactions conducted on our marketplace.
7.2. Users are advised to exercise due diligence and care when conducting transactions. Descend.GG does not oversee or guarantee the terms, quality, safety, legality, or delivery of items traded on the marketplace.

8. Value Fluctuation and Asset Responsibility
8.1. You acknowledge that the value of TEAR and other digital assets can be highly volatile and subject to market risks. Descend.GG is not responsible for any loss in value of TEAR or any other assets while using the Service or locked up in any assets or protocols we develop.
8.2. You bear full responsibility for assessing the risk and making informed decisions about your assets. Descend.GG shall not be liable for any financial losses or devaluation of your assets.

9. Dispute Resolution
9.1. Descend.GG is committed to resolving disputes in a fair, effective, and cost-efficient manner. We encourage users to initially contact our support team at [email protected] to seek a resolution.

10. User Conduct
10.1. Users are expected to behave responsibly and legally while using the Service. Prohibitions include illegal activities, harassment, and other harmful conduct.

11. Data Privacy and Security
11.1. Descend.GG is committed to protecting your privacy. We collect and use personal data only as it might be needed for us to deliver to you our world-class products, services, websites, and mobile applications (collectively, our “Services”).
11.2. Your personal data includes information such as your ip address, name, address, telephone number, email address, and other data collected that could directly or indirectly identify you.

12. Termination of Service
12.1. Descend.GG may terminate a user's access to the Service under specific circumstances, and any consequences of such termination will be outlined in these Terms.
12.2. Upon termination, all rights granted to you under these Terms will immediately cease.
12.3. Liquidation Process: In the event of account termination, Descend.GG will assess your digital assets. If we deem that these assets were acquired fairly and without exploiting, we will proceed with an immediate liquidation. This involves converting your assets into TEAR and performing an airdrop to a designated Ethereum wallet of your choice.
12.4. The liquidation and airdrop will occur without delay, regardless of current market rates or selling conditions. Please note that assets acquired through exploitation will be confiscated and not subject to liquidation.

13. Limitation of Liability
13.1.1. To the maximum extent permitted by law, Descend.GG shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from your access to or use of or inability to access or use the Services.
13.1.2. Descend.GG"s total liability for all claims related to the Service will not exceed the amount you paid us to use the Service within the last 12 months.

14. Indemnity Agreement
14.1.1. You agree to indemnify, defend, and hold harmless Descend.GG and its affiliates, officers, agents, employees, and partners from any claim, demand, loss, or damages, including reasonable attorneys fees, arising out of or related to your use of the Service, your violation of these Terms, or your violation of any rights of another.
14.1.2. This indemnification obligation will survive the termination of your account and your use of the Service.

15. Restrictions on Sanctioned Individuals
15.1. Descend.GG services are not available to individuals who are sanctioned or located in countries sanctioned by Australia. Users from such regions are prohibited from accessing or using the Service.
15.2. It is your responsibility to ensure that you are not subject to any sanctions or embargoes that would prohibit your use of the Service. Violation of this term may result in the termination of your access to the Service.

16. User Responsibilities
16.1. As a user of the Service, you are required to comply with all applicable laws and regulations. This includes, but is not limited to, refraining from engaging in fraudulent activities, respecting the intellectual property rights of others, and not participating in illegal or harmful conduct.
16.2. Users must not use the Service for any unlawful or unauthorized purposes, including but not limited to money laundering, terrorist financing, or other financial crimes.
16.3. You are responsible for maintaining the confidentiality of your account information, including your password, and for all activities that occur under your account.
16.4. You agree to immediately notify Descend.GG of any unauthorized use of your account or any other breach of security.
16.5. Users must not disseminate false information, impersonate others, or manipulate the Service for unfair advantage or to deceive others.
16.6. You are responsible for ensuring that your conduct on the Service is respectful and courteous towards other users and Descend.GG staff.
16.7. Users must not post or transmit through the Service any material that violates or infringes upon the rights of others, or that is threatening, abusive, defamatory, vulgar, obscene, profane, or otherwise objectionable.
16.8. Descend.GG reserves the right to terminate your access to the Service for violating any of these responsibilities, and you may be held liable for any damages caused by such violations.

17. Legal Jurisdiction
17.1. These Terms are governed by and construed in accordance with the laws of Australia. You agree to submit to the exclusive jurisdiction of the courts of Australia.

18. Updates and Modifications to Terms
18.1. Descend.GG reserves the right to update or modify these Terms at any time without prior notice. Any changes to these Terms will be effective immediately upon posting on our website or within the Service.
18.2. In addition to updating the date at the top of this page, Descend.GG will endeavor to notify users of significant changes through various means, which may include email notifications, in-app notifications, or other prominent means of communication.
18.3. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms. If you do not agree to the new Terms, you should discontinue your use of the Service.
18.4. We encourage you to frequently review the Terms to ensure you understand the terms and conditions that apply to your use of the Service.

19. Prohibited Activities and Fair Use
20.1. Descend.GG is committed to maintaining a fair and safe environment for all users. To this end, the use of bots, automated scripts, software exploitation, or any form of manipulation of our services, including the website, game, or any related platform, is strictly prohibited.
20.2. Users must not engage in any activity that gives them an unfair advantage or interferes with the operation of our services. This includes, but is not limited to, exploiting bugs or glitches, using third-party software to automate processes, or engaging in any form of hacking or unauthorized access.
20.3. Any attempt to manipulate or exploit the Descend.GG systems, whether through technical means or other forms of deceit, is a serious violation of these Terms. Such activities can lead to immediate suspension or termination of your account.

21. Warranty Disclaimer and Limitation of Liability
21.1. Descend.GG provides its services and software "as is" and "as available" without any warranties of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose.
21.2. While Descend.GG endeavors to provide a high standard of service and software quality, we do not guarantee that our services or software will be free from defects, errors, or harmful components. We are not responsible for any damages or loss of data resulting from the download or use of our software.
21.3. Descend.GG will not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of our services or software.

22. Age Requirement
22.1. To access or use the Service, you must be at least 13 years of age. Users under the age of 13 are not permitted to use the Service. By using the Service, you represent and warrant that you meet this minimum age requirement.
22.2. Additional age restrictions may apply based on local laws and regulations. It is your responsibility to ensure that you are eligible to use the Service under the laws of your jurisdiction.

23. Contact Information
23.1. If you have any questions about these Terms, please contact us at [email protected]