Last update: 19th September, 2023 - added Referral and Affiliation terms.
Pooky Platform is an online gaming and marketplace platform built on the Polygon blockchain that provides services of issuance and exchange of collectible digital assets - Pookyballs (“Collectibles” or “Pookyballs”). Pooky Platform also grants users to play the Pooky game (“Pooky”), which is a unique football results prediction game, whereby by means of Pookyballs, users can predict the exact score of football matches from world’s biggest leagues and tournaments.
These Terms and Conditions (the “T&Cs” or the “Terms”) constitute a legally binding agreement between us, Pooky Games Ltd hereinafter referred to as, “the Company” or “we”, and you, as the user, hereinafter referred to as "you" or "user", collectively referred to as the Parties to this agreement, and govern your use of the Pooky Platform available at Pooky Platform website - https://pooky.gg/ (the “Website”).
Please read these Terms carefully. If you do not agree to these Terms, you shall not access or use our services.
1.1 — By creating an account on the Pooky Platform, you, whether expressly or implied, agree to all the Terms as presented by us as well as our Privacy Policy available at https://pooky.gg/privacy
1.2 — We reserve the right to modify or update these T&Cs at any time and at our sole discretion without prior notice. We will inform you about such changes by publishing the amended version of T&Cs on the Website with updated “Last Revised” date. All the amendments or updates will be effective immediately upon being announced and published on the Website. If you do not agree to any changes performed to the T&Cs, you must stop using the Pooky Platform, since your continued use will be deemed as acceptance to the amendments. If after registering to our website, you do not agree to be bound by the Terms as stipulated, you are advised to refrain from using our website and inform customer support immediately by opening a ticket on our Discord server, or via email ([email protected])
1.3 — There is only one version of these Terms. These T&Cs may be published in a number of languages, reflecting the same principles, for information purposes and to help its users. It is however only the English version that is the legal basis of the relations between you and the Company. In the case of any discrepancy between the T&Cs provided in English and the non-English version, the English version always prevails.
2.1 — In order to use the Pooky Platform, you will need to create an account with an email, which will be verified by an email with a code or by means of using a social media login, such as Google, Apple or Twitter. It is your sole and exclusive responsibility to ensure that your login details are kept secure.
2.2 — You are allowed to have only one account with the Company. If you attempt to open more than one account, all accounts you try to open may be blocked or closed.
2.3 — You agree to provide true, current and complete information about yourself. In case we have any reasonable doubt that any information provided by you is inaccurate, untruthful or outdated, we have a right to send you a notice to demand amendments, add relevant information directly and, as the case may be, suspend or terminate your account and refuse any and all current or future use of the Pooky Platform.
2.4 — You also acknowledge and agree that you have the obligation to keep all information provided up to date and if there are any changes, you will immediately notify us via [email protected].
2.5 — The Company reserves the right to refuse or close your account at its sole discretion and without prejudice.
2.6 — If you wish to close your account, you may do so at any time, in line with these Terms governing Pooky Platform.
2.7 — With registration of an account, you agree to share personal information requested for the purposes of identity verification. This information is used specifically for the detection of money laundering, terrorist financing, fraud and other financial crimes on the Pooky Platform. We will collect, use and share this information in accordance with our Privacy Policy.
2.8 — In addition to providing this information, to facilitate compliance with global industry standards for data retention, you agree to permit us to keep a record of such information for the lifetime of your account plus 5 years beyond account closing.
2.9 — In order to complete the creation of the account, a user will be required to login with his or her Wallet address.
3.1 — You are 18 years of age or comply with a higher minimum legal age, stipulated in the jurisdiction of your residence under the laws applicable to you. The Company maintains its right to require certain documentation required to prove the age and identity of the user whenever it deems necessary.
3.2 — If you have reason to believe that a person under the age of 18 years is accessing our services, please contact us immediately. Our customer support team can be contacted via [email protected] or by means of opening a ticket on our Discord server.
3.3 — You are solely responsible for your account credentials including your username and password or any other linked email address used as a means to access your account. You are responsible for the security of any device on which you register your account and from which your account may be accessed. You shall immediately notify us if you suspect or become aware of unauthorised use of your account credentials. The Company shall not be responsible for any unauthorised use of your account.
3.4 — You may only participate on the Website on your own behalf and not on the behalf of any other person or company.
3.5 — You may not use funds that are tainted or associated with any illegality or use any funds which originate from illegal activity or source.
4.1 — Every user has to connect his or her account to his or her wallet to be used on the Pooky Platform, where the users store their Pookyballs.
4.2 — In case a user does not have his or her personal wallet, we provide a possibility to create one with our partner Sequence, where users can store Pookyballs as well as other digital assets.
4.3 — Please keep your wallet credentials secure. We are not, in any event, liable for the loss or theft of your credentials and/or Pookyballs or any other digital assets stored in such a wallet.
5.1 — Free off-chain assets (“Rooky Balls”) are offered to every user upon registration on the Pooky Platform, which users can use to participate in the Free-to-play discovery mode or Rooky mode of the Pooky Platform.
5.2 — Once a user registers on the Pooky Platform, he or she receives two Rooky Balls. Rooky Balls grants users the possibility to make predictions, level-up and to be eventually ranked on the Entry Leaderboards (“Rooky Leaderboards”) as well as to earn rewards in native tokens or NFTs, allowing the users to access the Pooky game eventually.
5.3 — Rooky Balls come with limited rewards and earning potential and cannot be traded.
6.1 — Pookyballs are collectible digital assets, which are Non-Fungible tokens (“NFT”s) that are available to users either by means of purchasing them on the Pooky Platform or by earning them as rewards by playing games.
6.2 — Pookyballs have different attributes, which can maximise user’s in-game rewards by boosting the number of points awarded for correct predictions.
6.3 — There are two sets of attributes: fixed and variable. Fixed attributes have a fixed percentage multiplier and apply to the overall match prediction. Variable attributes have multipliers for specific parts of a prediction. Their value depends on rarity, level and player choices.
6.4 — At least one Pookyball is required in order to enter the Pooky game.
6.5 — In the future, it will be possible to rent Pookyballs from other users on the Pooky Platform.
6.6 — A newly minted Pookyball can be purchased inside the Pooky Platform. Each Pookyball has predetermined rarity and differs in price depending on such rarity.
6.7 — Supply of Pookyballs might be limited and there will not always be a possibility to buy Pookyballs.
6.8 — Users, who provided their email and wallet address at the pre-registration of Pookyballs sale stage and engage with the community and complete specific tasks afterwards will acquire early access to the Private Sales of Pookyballs (“Whitelisting”). More information on Whitelisting is available on our website https://pooky.gg.
6.9 — When a user purchases or wins a Pookyball, such user becomes the definitive owner of the underlying NFT, in accordance with these Terms. Except where otherwise explicitly stated to the contrary, a user has the right to freely dispose of his or her Pookyballs (via sale, loan, donation, transfer, etc.).
6.10 — Pursuant to the EU Consumer Protection Directive consumers have the right to return purchases made online or through other types of distance selling within 14 days for a full refund (“Right of Withdrawal”). Considering the digital nature of Pookyballs and the immediate access to such Pookyballs after the purchase, meaning that a user becomes a definitive owner of the underlying Pookyball as described in Clause 6.9, a user is requested to waive his or her Right of Withdrawal for a full refund.
6.11 — Despite the ownership rights described in Clause 6.9, the designer of every Pookyball - Serial Cut brand owned by S.S.G. has a personal licence to reproduce any artwork forming part of the Pookyballs only as reasonably required for the purposes of promoting its involvement in the creation of the relevant Pookyballs on its website, social media, or any other online platform where it is reasonable to promote Serial Cut’s work.
6.12 — Users acknowledge that despite the ownership rights outlined in Clause 6.9, the Company has a right to use any artwork forming part of the Pookyballs only as reasonably required for the purposes of promoting such Pookyballs and Pooky Platform on the Company’s website, social media, or any other online platform where it is reasonable to promote Pooky Platform.
7.1 — All payments are processed via paper.xyz whereby users can pay in Euro, Ether and MATIC. Please visit https://withpaper.com/terms for more information about paper.
7.2 — Once the payment is performed, such user receives an NFT into the wallet connected to that user’s account on the Pooky Platform.
8.1 — It is the user’s obligation to ensure compliance with any local laws, regulations or directives, relevant to the user’s residence and citizenship, if and when applicable. Any participation in the Pooky Platform is at the user’s sole discretion and risk.
8.2 — For the avoidance of any doubt, residents and citizens of Afghanistan, Algeria, Bangladesh, Bolivia, China, Cuba, Egypt, Iran, Morocco, North Korea, Russia, Syria, Nepal, and the Crimea, Donetsk, and Luhansk Regions, are not permitted to use Pooky Platform and its services.
8.3 — The Company grants the user a non-exclusive, non-transferable and limited personal use to access the Website. Website use is conditioned on continued user compliance with these T&Cs.
8.4 — The services offered on the Pooky Platform are available to users only within the scope of the current state of technology used. The Company provides no guarantee for the uninterrupted availability, or the serviceability of the services offered. The Company accepts no liability for the interrupted availability and serviceability of the services.
8.5 — The Company undertakes to supply steady services on the Website. However, the Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of, the Website or Service.
8.6 — The Company is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, hardware, software, failure due to technical problems or traffic congestion on the Internet or on the Website.
8.7 — To the maximum extent permitted by applicable law, under no circumstances shall the Company be responsible for any loss or damage resulting from use of the Website, from any content posted on or through the Website, or from the conduct of any users of the Website.
8.8 — In no circumstance shall the Company or any of its directors or employees be liable to the user for any damages whatsoever, including without limitation indirect, incidental or any type of consequential damages, which may arise from out of, or in connection with the users’ use of the Website, including but not limited to the quality, accuracy or utility of the information provided.
8.9 — The Company is not liable for damages of any kind that are caused by the undue use of the account by the user or third parties.
8.10 — In case of infringement of these T&Cs by the user, the user shall indemnify and keep indemnified the Company from any claims by third parties and bear any losses, costs or damages resulting thereof. Should the user become aware of any legal action that may affect the Company, the user shall immediately inform the Company and provide the Company with all the information available.
8.11 — The forgoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction, and in no event shall the Company’s cumulative liability to the user exceed the amount of money the user paid to the Company in the 12 months period preceding the date the claim arose, if any.
8.12 — The Company shall not be responsible for all liability in connection with any force majeure event including acts of God, labour disputes, electrical, telecommunications, hardware, software or other utility failures, earthquakes, storms or other nature-related events, blockages, riots, acts of orders of government, acts of terrorism or war, technological change.
9.1 — All content, trademarks, services marks, trade names, logos and icons are the property of the Company or to be used with permission. You may not copy, imitate, or use any of this intellectual property without our prior written consent. Nothing in these Terms grants you any intellectual property rights in the Pooky Platform, other than the right to use the Pooky Platform, in accordance with these Terms.
10.1 — The user agrees to fully indemnify the Company and its officers, directors, and employees, and to hold them harmless from and against any and all claims, liabilities, damages, losses, and expenses, including without limitation reasonable lawyer’s fees and costs, arising out of or in any way connected with:
10.1.1 — User's access to or use of the Pooky Platform;
10.1.2 — User’s violation of any of the terms of this Agreement; and/or
10.1.3 — User’s breach of any applicable laws or regulations.
11.1 — These Terms shall be for an indefinite period until the user decides to terminate his or her relationship with us. Should the user wish to terminate and close his or her account such user may do so by sending an email to the Customer Support via [email protected].
11.2 — The Company may terminate, change, suspend or discontinue your access to the Pooky Platform at any time by sending you a notice, which may take effect either immediately or on such later date as may be specified in the notice.
11.3 — The Company may also restrict, suspend or terminate your use of the Pooky Platform without any notice if we, at our sole discretion, believe you are in breach of these Terms or applicable law, have reasons to believe that you are involved in any fraudulent and illegal activity.
11.4 — We may also suspend your use of the Pooky Platform at any time for security reasons or if we reasonably suspect that your account has been or is being used without your authorization or fraudulently.
11.5 — We will try to give you advance notice of any suspension. Where advance notice is not possible, we will provide you with notice as soon as reasonably practicable thereafter.
11.6 — We may terminate this Agreement at any time and for any reason by giving you not less than 7 days written notice.
12.1 — The Company is committed to providing quality support for its users. If you need any help or want to make a comment or complaint, please contact our customer support through a Discord ticket or by email at [email protected]. The Customer Support manager assigned to the escalated case will commit to his or her best efforts to promptly resolve a reported matter internally. We aim to resolve all enquiries as soon as possible.
You may participate in the Referral program, where you can earn rewards for purchases by other Users you have referred to Pooky (the “Referral Program”), governed by the Referral Program Terms, available in appendix 1 of the Terms and Conditions.
You may participate in the affiliate program, where you can earn rewards for purchases by other Users you have referred to Pooky (the “Affiliate Program”). Participation in the Affiliate Program is governed by the Affiliate Program Terms, available in appendix 2 of the Terms and Conditions.
13.1 — This Agreement shall be governed by and interpreted in accordance with the laws of Malta, excluding that body of law pertaining to conflict of laws. Any legal action or proceeding arising under this Agreement will be brought exclusively in courts located in Malta.
14.1 — No third-party rights are created in these Terms. Only you, as the registered user of the Pooky Platform, will have any rights to enforce in these Terms. You cannot assign or transfer any of your rights to someone else under these Terms.
14.2 — If any provision within these Terms is held to be illegal or unenforceable, such provision shall be severed from these Terms and Conditions and all other provisions shall remain in force unaffected by such severance.
Last updated: 19th September, 2023
1.1. You may refer other users to sign-up for a User account Pooky website by participating in the referral program governed by these Referral Program terms (the “Referral Program"). The Referral Program offers Users (the “Referrer”) the opportunity to earn rewards by inviting others (the “Referee”) to use the Services.
1.2. Participation in the Referral Program is governed by the Terms and Conditions and additionally the present Referral Program Terms (“Referral Terms”). To participate in the Referral Program, you must accept the T&Cs and these Referral Terms.
2.1. To be eligible to participate in the Referral Program, you must:
3.1. To be considered valid (the "Qualified Referral"), the referral must meet the following conditions:
(i) the Referee must be a natural person, at least eighteen (18) years of age and separate from the Referrer, who has never created a Pooky User account and was not in the process of creating a User account.
ii) The Referee must:
a) create an account by accessing the Website through the Referrer's Referral Link;
b) verify the account;
c) accept the T&Cs;
d) Purchase 1 Collectible on the Primary Market (or Marketplace) within 100 days of creating a User account. For the avoidance of doubt, purchases on the Secondary Market by Referee will not count towards the conditions required for a Qualified Referral.
3.2. If the Referral Link used by the Referee has been promoted, directly or indirectly, through or with the help of paid advertising, any referrals created via that promoted link will not be eligible for rewards under this Section.
3.3. Referrer and Referee Rewards
3.3.1. In case of a Qualified Referral, the Referee will receive a one time 5% cash-back of the value of the first purchase as a reward (the “Referee Reward”). For the first five (5) Qualified Referrals made, the Referrer shall receive a commission of 5%, and for any extra Qualified Referrals made, the Referrer shall receive a commission of 10% (the “Referrer Reward”) of the Primary Market revenue generated by the Referee for a 100 days period from the date of creation of the account by the Referee. For the avoidance of doubt, referrals that do not qualify as Qualified Referral are not eligible for any reward.
3.3.2. Except for delays due to technical reasons, Referrer and Referee Rewards are delivered to Referee’s Wallet within seven (7) days of the date on which the Referee purchased its Collectibles on the primary market.
4.1. In case of actual, suspected and/or attempted fraud (particularly where the Referee is suspected of or is operating multiple accounts or is suspected of or has carried out otherwise fraudulent activity), violation of the T&Cs and/or these Referral Terms, Pooky reserves the right to limit the relevant User from accessing the Services and/or participating in the Referral Program, and to undertake other action in connection with the relevant User account(s) pursuant to the Terms and Conditions, without prejudice to any legal action that may be taken by Pooky against the relevant User.
5.1. The conditions and benefits set out in these Referral Terms may, at any time and without prior notice, be unilaterally updated. Continued participation in the Referral Program following an update shall constitute acceptance of the updated term(s).
5.2. Pooky reserves the right, in its sole discretion, to modify, limit, or discontinue the Referral Program at any time, each without penalty or further obligation to you.
Last updated: 19th September, 2023
1.1. You may apply to and participate in the affiliate program (the “Affiliate Program") pursuant to the Terms and Conditions, these Affiliate Program Terms (“Affiliate Terms”). The Affiliate Program offers you the opportunity to earn a commission on revenue generated by other Users you have introduced to Pooky.
2.1. In order to participate in the Affiliate Program, you must send an application here. In order to be eligible to apply, you must:
3.1. Pooky will notify you via email if your application has been accepted or declined. Acceptance depends on factors such as but not limited to the number of current Affiliate Program participants, community reach, relevance, etc. Pooky reserves the right to accept or decline an application in its sole discretion, without any reason or prior notice.
3.2. If accepted, you must sign a Master Agreement providing all the special conditions applicable to the participation into the Affiliate program.
3.3. After you have successfully enrolled (“Affiliate” or “Affiliates”), you may use an affiliate link under the conditions indicated on the Affiliate Program Partner website (the "Affiliate Link").
5.1. To be considered as an Affiliate-referred User (a “Lead”), the following conditions must be met:
(i) The Lead must be a natural person, at least eighteen (18) years of age and separate from the Affiliate, who has never created a Pooky User account and was not in the process of creating a User account.
(ii) The Lead must:
(iii) If the Affiliate Link used by the Lead has been promoted, directly or indirectly, through or with the help of paid advertising, any referrals created via that promoted link will not be eligible for rewards under this Section.
6.1. In consideration of the qualified Leads made, the Affiliate shall receive a commission of at least 10% (the “Affiliate Fees”), of the revenue (excluding any applicable taxes) generated by the Leads for a one-year period from the date of creation of the account by the Lead.
6.2. The Affiliate understands and expressly agrees that Pooky will only pay Affiliate Fees due for Leads referred through the Affiliate Link automatically tracked and reported by the systems of Pooky. The Affiliate understands and acknowledges that, unless proven otherwise, the tracking data of the qualified Leads kept in the information system of Pooky, or other Third-Party Service will constitute the final and valid record of the Affiliate Fees due. Pooky will not be liable for any Affiliate Fees not recorded.
6.3. Affiliate Fees are communicated and paid the month following the month in which the revenue was generated by the Lead.
6.4. In case of a Qualified Lead, the Lead will receive a one time 5% cash-back of the value of the first purchase as a reward (the “Lead Rewards”) and depending on the Affiliate contract’s tier it might include in-game Pooky tokens (“POK”), the amount is depending on the rarity of the first collectible purchased as specified here below.
7.1. In case of fraud or attempted or suspected fraud or violation of the Terms and Conditions or these Affiliate Terms, Pooky reserves the right to limit the relevant User from accessing the Services and/or participating in the Affiliate program, and to undertake other action in connection with the relevant User Account(s) pursuant to the Terms and Conditions, without prejudice to any legal action that may be taken by Pooky against the relevant User.
7.2. You acknowledge and agree that where you are reasonably found to have submitted fraudulent Leads for which you have been paid Affiliate Fee(s) for, and/or if the your participation in the Affiliate Program has been accepted by Pooky on the basis of false information, you will be liable to refund Pooky the full amount of the Affiliate Fees paid to you.
8.1 The conditions and benefits set out in these Affiliate Terms may, at any time and without prior notice, be unilaterally updated. Continued participation in the Affiliate Program following an update shall constitute acceptance of the updated term(s).
