Terms & Conditions

Yakkamon — Pre-Registration Terms and Conditions

Welcome to Yakkamon! Yakkamon is a unique Web3 monster collector game where players compete to collect unique digital monsters, as set out in more detail on the Yakkamon website (Game). The Game is currently open for pre-registration. During this period and prior to launch of the Game, we may release challenges on social media platforms including X and Discord to promote the Game. By agreeing to these terms and conditions (Terms) you agree to pre-registering for the Game. These Terms apply to pre-registration only. Once the Game launches, you will be required to agree to separate terms and conditions that will govern your access to and use of the Game at that time.

In these Terms, when we say you or your, we mean you as an individual if you are accepting these Terms for yourself. If you are accepting these Terms on behalf of an entity (such as your employer) and you are authorised to do so, then you or your means that entity. When we say we, us, or our, we mean Thought Farm Pty Ltd (ACN 656 309 616).

These Terms form our contract with you and set out the terms on which you may pre-register for the Game.

Some capitalised words in these Terms have defined meanings, and each time that word is used in these Terms it has the same meaning. You can find a list of the defined words and their meaning at the end of these Terms.

Any notice you send to us must be sent to [email protected].

Our Disclosures

Please read these Terms carefully before you accept. We draw your attention to:

our privacy policy (on the Site) which sets out how we will handle your personal information;
clause 1.5 (Variations) which sets out how we may amend these Terms; and
clause 9 (Liability) which sets out exclusions and limitations to our liability under these Terms.

We may receive a benefit (which may include a referral fee or a commission) should you visit certain third party websites through a link in the Services, or for featuring certain goods or services on the Services.

These Terms do not intend to limit your rights and remedies at law, including any of your Consumer Law Rights.

1. Engagement and Term

1.1 These Terms apply from the time you agree to them until these Terms are terminated in accordance with clause 10.

1.2 Subject to your compliance with these Terms, we will provide you with access to pre-registration for the Game, including any challenges we run on third-party social media platforms such as X and Discord (Challenges).

1.3 Subject to clause 3, you may earn rewards through Challenges (Rewards), including digital monsters.

1.4 We are not responsible for the availability, conduct or operation of any third-party platforms used to run Challenges, including X and Discord. Those platforms are independent of us and their own terms and conditions apply to your use of them.

1.5 We may amend these Terms at any time by providing written notice to you. By clicking "I accept" or continuing to use the Game after the notice or 30 days after notification (whichever is earlier), you agree to the amended Terms. If you do not agree to the amendment, you should cease using the Game.

2. Pre-Registration

2.1 Eligibility. To pre-register for the Game, you must be at least 18 years of age and have the legal capacity to enter into these Terms. By agreeing to these Terms, you represent and warrant that you are 18 years or older. We do not knowingly collect personal information from anyone under 18. If we become aware that we have collected personal information from a person under 18, we will take reasonable steps to delete that information and remove the associated Account.

2.2 Restricted jurisdictions. You must not pre-register for the Game, or deposit or use Flower, if you are located in, ordinarily resident in, or a national of any country or region that is subject to comprehensive sanctions or trade restrictions, or if you are otherwise a person with whom dealing is prohibited under any applicable sanctions laws. You represent and warrant that you are not such a person and that your participation does not breach any law that applies to you. It is your responsibility to ensure that pre-registering for the Game, and depositing or holding Flower or any digital asset, is lawful in your jurisdiction.

2.3 You can pre-register for the Game with your contact details on our website. Pre-registration will automatically create an Account for you for the Game (although you will not be able to access the Game until it is launched, and you must accept the Game's Terms and Conditions to play).

2.4 While you have an Account with us, you agree to:

(a) keep your information up-to-date (and ensure it remains true, accurate and complete);

(b) keep usernames and passwords secure and confidential, and protect them from misuse or being stolen; and

(c) notify us if you become aware of, or have reason to suspect, any unauthorised access to your Account or any logins linked to your Account.

2.5 You can contact us at any time if you want to remove your pre-registration and remove your Account.

3. Rewards

3.1 Participation in pre-registration, including any Challenges, does not guarantee any reward, prize or in-game item (including any digital monsters).

3.2 Any Rewards offered during the pre-registration period are awarded entirely at our discretion. We reserve the right to determine the nature, type, quantity and recipients of any Rewards at any time without notice.

3.3 We reserve the right to change, substitute or withdraw any Rewards (including the attributes, characteristics or value of any digital monsters) at any time prior to or following game launch, without liability to you.

3.4 Any Rewards earned during pre-registration will only be accessible once the Game launches and you have agreed to the Game terms and conditions at that time. Rewards will be available to claim in-Game and are not transferable prior to that point.

3.5 Flower token deposits. During pre-registration, you may be able to deposit the Flower token (Flower) for use in connection with the Game. You acknowledge and agree that:

(a) Flower, and any digital monster or in-game item, is intended solely for gameplay and entertainment use within the Game and is not a financial product, financial instrument, security, currency or investment;

(b) we are not responsible for, and you release us from liability for, any change in the price or value of Flower (including any change in value between the point of deposit and any subsequent withdrawal or use during gameplay); and

(c) any Flower you deposit is provided and accepted on an "as is" basis and only for the purpose of playing the Game, and not as a means of financial speculation or investment return; and

(d) withdrawals are not available during pre-registration. Any Flower you deposit, and any Rewards or in-game items, will remain locked until the Game launches and gameplay begins, at which point withdrawals will be governed by the Game terms and conditions in force at that time. The withdrawal system will have daily % limits on game launch for economic & security purposes.

To the maximum extent permitted by law, you are solely responsible for deciding whether to deposit or use Flower in connection with the Game.

3.6 Blockchain and third-party infrastructure risks. The Game operates on blockchain infrastructure, including the Ronin network and services provided by Sky Mavis, and relies on third-party wallets, smart contracts and networks that are outside our ownership and control. You acknowledge and agree that:

(a) blockchain transactions are generally irreversible, and once a transaction is confirmed it cannot be reversed, cancelled or refunded by us;

(b) you are responsible for maintaining the security of your wallet, private keys, seed phrases and login credentials, and we will never ask you for your private keys or seed phrase. We are not responsible for any loss arising from unauthorised access to, or loss of, your wallet or credentials;

(c) we do not control, and are not responsible for, the operation, availability, security or performance of the Ronin network, Sky Mavis services, any wallet provider, or any other blockchain network or third-party infrastructure, including any fork, outage, congestion, failure, exploit or attack affecting them;

(d) transactions may incur network or gas fees charged by third parties, which are not set by or paid to us; and

(e) the regulatory treatment of blockchain assets and tokens is evolving and uncertain, and changes in law or regulation may affect the Game, Flower, or your ability to participate.

To the maximum extent permitted by law, we are not liable for any Liability arising from or in connection with the matters described in this clause 3.6.

4. Licence

4.1 During the Term, we grant you a limited, non-transferable right to access the Site and to participate in pre-registration for the Game and any Challenges, in accordance with these Terms.

4.2 You must not:

(a) access or use the Site or participate in any Challenge in any way that is improper or breaches any laws, infringes any person's rights (including intellectual property rights and privacy rights), or gives rise to any civil or criminal liability;

(b) interfere with or interrupt any other person's access to the Site or participation in pre-registration or any Challenge;

(c) introduce any viruses or other malicious software code into any systems used in connection with the Site or any Challenge;

(d) attempt to gain unauthorised access to any systems, accounts or data connected to the Site or the Game; or

(e) use the Site, pre-registration or any Challenge to transmit, publish or communicate material that is defamatory, offensive, abusive, indecent, menacing, harassing or unwanted.

5. Availability, Disruption and Downtime

5.1 We do not guarantee that the Site will be available at all times. The Site may be unavailable due to scheduled or emergency maintenance or circumstances outside our reasonable control.

5.2 The Challenges are run on third-party platforms including X and Discord, which are independent of us. We are not liable for any disruption, downtime or unavailability of those platforms.

5.3 We will try to provide you with reasonable notice of any planned disruptions to the Site where possible.

6. Intellectual Property and Data

6.1 We own all intellectual property rights in the Site and Game. This includes how the Site and Game look and function, as well as our copyrighted works, trademarks, inventions, designs and other intellectual property (Our Intellectual Property). You agree not to copy or otherwise misuse Our Intellectual Property without our written permission (for example, to reverse engineer or discover the source code of our intellectual property), and you must not alter or remove any confidentiality, copyright or other ownership notice placed on the Site.

6.2 Nothing in clause 6.1 restricts your ability to publish, post or repost content or Our Intellectual Property on your social media page or blog, provided that you do not assert that you are the owner of the content or Our Intellectual Property, nor that you are endorsed or approved by us (unless explicitly agreed by us in writing).

6.3 We may use any feedback or suggestions that you give us in any manner which we see fit (for example, to develop new features), and no benefit will be owed to you as a result of any use by us of your feedback or suggestions.

Your Data

6.4 We do not own any of Your Data, but when you enter or upload any of Your Data into the Site, you grant us the right to access, analyse, backup, copy, store, transmit, and otherwise use Your Data for the duration of your use of the Site (and for a reasonable period of time afterwards). We may use Your Data (or disclose it to third party service providers) to:

(a) supply the Site to you (for example, to enable you to access and use the Site), and otherwise perform our obligations under these Terms;

(b) diagnose problems with the Site;

(d) send you information we think may be of interest to you based on your marketing preferences;

(e) perform analytics for the purpose of remedying bugs or issues with the Site; or

(f) perform our obligations under these Terms (as reasonably required).

6.5 You acknowledge and agree that because of the nature of the internet, the processing and transmission of Your Data by us may occur over various networks.

6.6 You are responsible for (meaning we are not liable for):

(a) the integrity of Your Data on your systems, networks or any device controlled by you; and

(b) backing up Your Data.

6.7 When you use the Site, we may create anonymised statistical data from Your Data and usage of the Site (for example, through aggregation). Once anonymised, we own that data and may use it for our own purposes, such as to provide and improve the Site, to develop new services or product offerings, to identify business trends, and for other uses we communicate to you. This may include making such anonymised data publicly available, provided it is not compiled using a sample size small enough to make underlying portions of Your Data identifiable.

6.8 If you do not provide Your Data to us, it may impact your ability to receive the Site.

6.9 This clause 6 will survive the termination or expiry of these Terms.

7. Confidential Information

7.1 While using the Site, you may share confidential information with us, and you may become aware of confidential information about us. Each party agrees to keep the other party's Confidential Information confidential and to take reasonable steps to protect it from unauthorised access or disclosure. Each party may only disclose the other party's Confidential Information to its employees, contractors, professional advisors and agents on a need-to-know basis, and to its third party service providers for the purposes of assisting it to perform its obligations under these Terms, provided in each case that those parties keep the Confidential Information confidential in accordance with this clause 7.

7.2 The obligations in this clause 7 do not apply to Confidential Information that:

(a) is or becomes publicly available other than through a breach of confidence;

(b) is independently created by the receiving party without reference to the disclosing party's Confidential Information; or

7.3 Either party may disclose Confidential Information to legal or regulatory authorities if required by law to do so, provided that the disclosing party uses reasonable efforts to give the other party prior written notice where permitted by law.

7.4 Each party acknowledges that a breach of this clause may cause irreparable harm for which damages may not be an adequate remedy, and that either party may seek injunctive or other equitable relief to protect its confidential information in addition to any other remedies available at law.

7.5 This clause 7 will survive the termination or expiry of these Terms.

8. Personal Information

8.1 We collect, hold, disclose and use any Personal Information you provide to us in accordance with our privacy policy, available on the Site, and applicable privacy laws.

8.2 You must only disclose Personal Information to us if you have the right to do so (such as having the individual's express consent).

8.3 We may need to disclose Personal Information to third parties, such as our related companies or our service providers (for example, IT and administrative service providers and our professional advisors).

8.4 Where we are required by law to report on our activities, you acknowledge that from time to time we may request certain information from you in order to meet our requirements, and you agree to provide us with such information within the timeframes reasonably requested by us.

8.5 This clause 8 will survive the termination or expiry of these Terms.

9. Liability

9.1 To the maximum extent permitted by law, we will not be liable for, and you release us from liability for, any Liability caused or contributed to by, arising from or in connection with:

(a) your computing environment (for example, your hardware, software, information technology and telecommunications services and systems);

(b) your use of third-party services, such as X or Discord, to complete our Challenges;

(c) any loss arising from the deletion of Your Data following termination or expiry of these Terms in accordance with clause 10.5; or

(d) any use of the Site by a person or entity other than you.

9.2 Regardless of whatever else is stated in these Terms, to the maximum extent permitted by law:

(a) neither we nor you are liable for any Consequential Loss;

(b) a party's liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the actions (or inactions) of the other party, including any failure by the other party to mitigate its loss; and

(c) our aggregate liability to you for any Liability arising from or in connection with these Terms will be limited to AU$1,000.

9.3 This clause 9 will survive the termination or expiry of these Terms.

10. Suspension and Termination

Suspension

10.1 We may suspend your access to the Site where we reasonably believe there has been any unauthorised access to or use of the Site (such as the unauthorised sharing of login details for the Site). If we suspend your access to the Site, we will let you know within a reasonable time of doing so, and we will work with you to resolve the matter, or if it cannot be resolved, then we may terminate these Terms and your access to the Site will end.

Termination

10.2 We may terminate these Terms (meaning you will lose access to the Site) if:

(a) you breach these Terms and do not remedy that breach within 14 days of us notifying you of that breach;

(b) you breach these Terms and that breach cannot be remedied;

(d) you experience an insolvency event (including but not limited to bankruptcy, receivership, voluntary administration, liquidation, or entering into creditors' schemes of arrangement).

10.3 You may terminate these Terms if we breach these Terms and do not remedy that breach within 14 days of you notifying us of that breach. You may also terminate these Terms at any time by notifying us through your Account or to our email for notices (as set out in clause 11.8), and termination will take effect immediately.

10.4 Prior to termination or expiry of these Terms, you should export Your Data through your Account. We encourage you to do this before the termination date, as we cannot guarantee access to Your Data after that date.

10.5 Following termination or expiry of these Terms, we may delete Your Data (including copies) in our possession or control. If you request a copy of Your Data following termination, we may, to the extent we still hold Your Data, assist you with that request at our discretion. We reserve the right to charge a reasonable fee to cover our costs of doing so, which we will notify you of prior to fulfilling your request.

10.6 We will retain Your Data where required to do so by law or regulatory requirements, and will otherwise handle any retained data in accordance with our privacy policy, and these Terms.

10.7 Termination of these Terms will not affect any other rights or liabilities that we or you may have.

10.8 This clause 10 will survive the termination or expiry of these Terms.

11. General

11.1 Assignment: You may not transfer or assign these Terms (including any benefits or obligations you have under these Terms) to any third party without our prior written consent. We may assign or transfer these Terms to a third party, or transfer any debt owed by you to us to a debt collector or other third party.

11.2 Disputes: Neither we nor you may commence court proceedings relating to any dispute, controversy or claim arising from, or in connection with, these Terms (including any question regarding its existence, validity or termination) (Dispute) unless we and you first meet (in good faith) to resolve the Dispute. Nothing in this clause will operate to prevent us or you from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction.

11.3 If the Dispute is not resolved at that initial meeting:

(a) where you are resident or incorporated in Australia, refer the matter to mediation, administered by the Australian Disputes Centre in accordance with the Australian Disputes Centre Guidelines for Commercial Mediation; or

(b) where you are not resident or incorporated in Australia, refer the matter to arbitration administered by the Australian Centre for International Commercial Arbitration, with such arbitration to be conducted in Sydney, New South Wales, before one arbitrator, in English and in accordance with the ACICA Arbitration Rules.

11.4 Events Outside Our Control: We will not be liable for any delay or failure to perform our obligations (including the Site), if such delay or failure is caused or contributed to by an event or circumstance beyond our reasonable control.

11.5 Governing law: These Terms are governed by the laws of New South Wales, and any matter relating to these Terms is to be determined exclusively by the courts in New South Wales and any courts entitled to hear appeals from those courts.

11.6 Illegal Requests: We reserve the right to refuse any request for or in relation to the Site that we deem inappropriate, unethical, unreasonable, illegal or otherwise non-compliant with these Terms.

11.7 Nature of Legal Relationship: These Terms do not create, and should not be interpreted so as to create, a partnership, joint venture, employment or agency relationship between us and you.

11.8 Notices: Any notice you send to us must be sent to [email protected]. Any notice we send to you will be sent to the email address registered against your Account.

12. Definitions

In these Terms:

Account means an account accessible to the individual or entity who signed up to pre-registration for the Game.

Confidential Information means information which:

(a) is disclosed by one party to the other in connection with these Terms at any time;

(b) relates to a party's business, assets or affairs; or

whether or not such information is reduced to a tangible form or marked as "confidential", and however it is received.

Consequential Loss includes any consequential loss, special or indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.

Flower means the Flower token, as described in clause 3.5.

Consumer Law Rights means your rights under the Australian Consumer Law (as set out in Schedule 2 to the Competition and Consumer Act 2010 (Cth)) and any similar consumer protection laws that apply to you.

Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or us or you or otherwise.

Personal Information means any information or opinion about an identified individual, or an individual who is reasonably identifiable, whether the information or opinion is true or not, and whether the information or opinion is recorded in a tangible form or not.

Services means the pre-registration services we provide to you under these Terms, including access to the Site and any Challenges.

Site means the Yakkamon game pre-registration webpage.

Your Data means the information, materials, logos, documents, qualifications and other intellectual property or data supplied by you when receiving the Services or stored by or generated by your use of the Site, including any Personal Information collected, used, disclosed, stored or otherwise handled in connection with the Site. Your Data does not include any data or information that is generated as a result of your usage of the Site that is a back-end or internal output or an output otherwise generally not available to users of the Site.

PreviousMedia Kit NextPrivacy Policy

Last updated 15 days ago

Was this helpful?