Effective date: 14 April 2023

1. Welcome and Introduction

1. Welcome to https://www.perion.gg/ (Website) operated by Perion DAO and its authorised representative/s as they may be appointed from time to time in accordance with the prevailing model of Perion DAO governance (“Perion DAO”, “we”, “us” or “our”). The details of any authorised representatives of Perion DAO will be made available on the Website.
2. These Website terms and conditions (Terms) govern your access to, and use of, the Website. Capitalised terms used in our Terms are defined in paragraph 17.
3. Specific terms may apply in some circumstances, in which case those terms will be available on the Website (Specific Terms), such as the Participation Incentive Terms, and become part of your agreement with us if you participate under such circumstances.
4. As we add an expand our services and Perion DAO activities (including interaction with Perion Protocols), we may need to provide additional terms to cover the expanded service offering (Additional Terms). Any Additional Terms which are available with the relevant services become part of your agreement with us if you use those services.
5. These Terms, our Privacy Policy and any applicable Specific Terms and Additional Terms comprise the entire agreement between Perion DAO (including its authorised representatives) and you in relation to your use of and access to the Website and create a binding legal arrangement between you and Perion DAO. To the extent that the Perion DAO is not considered to have legal personhood (for example, despite the Perion DAO’s registration as a DAO in a jurisdiction that has introduced provisions for the legal recognition of DAOs) then the arrangement is between you and the persons considered to be officers of the Perion DAO as an unincorporated association of persons.
6. Perion DAO, or its authorised representative/s, as applicable, reserves the right to review and change any of the Terms by updating this page at its sole discretion, and to restrict, suspend or terminate without notice your access to the Website, any Content, or any feature of this Website at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result. All changes are effective immediately when we post them. Your continued use of the Website following the posting of revised Terms means that you accept and agree to the changes. We recommend that you check this page’s the “Last Updated” date at the top of these Terms from time to time, so you are aware of any changes. 
7. Perion DAO, or its authorised representative/s, as applicable, reserves the right to restrict, suspend or terminate without notice your access to the Website, any Content, or any feature of this Website at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.

2. Acceptance of the Terms

1. By using or accessing the Website in any manner, you affirm, represent and warrant that:

1. you have read, understand and agree to be bound by all of the Terms (and other agreements incorporated into the Terms);
2. you have the right, authority and capacity to enter into these Terms in your own capacity or on behalf of someone else;
3. you meet all of the eligibility and any other requirements; and
4. your access and use of the Website are permitted by and shall not violate any applicable laws including those in your jurisdiction.

2. If you do not understand or accept these Terms, you must exit the Website immediately and you are prohibited from visiting, accessing, using or participating in any aspect of the Website.

3. Minors

1. Minors (persons under the age of 18) are not permitted to access the Website.

4. Privacy Policy

1. Perion DAO takes your privacy seriously and any information provided through your use of the Website are subject to Perion DAO’s Privacy Policy, which is available at . Our Privacy Policy may change and so you should check this periodically to ensure that you understand our current Privacy Policy.
2. Personal Information includes any information relating to an identified or identifiable natural person (Personal Information). By using our Website, you consent to the collection, storage, processing, and transfer of your Personal Information under our Privacy Policy and any other arrangements that apply between us.
3. With respect to your use of the Website, or as part of your continued use of the Website, the Perion Data Representative (as defined in the Privacy Policy) may use the Personal Information from you to provide you with information (including information and documents required under applicable laws) and updates. We may also make you aware of new and additional products, services and opportunities available to you. We may use your Personal Information to improve our Website and better understand your needs. We may contact you using the contact information you provide to us.
4. You warrant that any information you give to Perion DAO and / or the Perion Data Representative will always be accurate, correct and up to date.
5. You acknowledge that if Perion DAO and / or the Perion Data Representative is required by law at some future time to collect additional Personal Information, you may not be able access and use the Website if you do not provide the required information.

5. Important warning

1. The information on our Website is not comprehensive and is intended to provide access to information about Perion DAO. While we use all reasonable attempts to ensure the accuracy, completeness and security of the information on our Website or the Content, to the extent permitted by law, including consumer laws, we make no warranty regarding the information on this Website or the Content, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that the Website will be secure. You should monitor any changes to the information contained on this Website.
2. The information in these Terms is of a general nature and does not take into account your objectives, financial situation or particular needs. You should obtain your own independent advice and consider your eligibility and the appropriateness of buying, selling, dealing in or holding tokens having regard to your objectives, financial situation, needs, and applicable laws. It is important that you read these Terms in their entirety before using the Website. You should consider the risk factors that could affect transactions involving tokens, such as extreme price volatility, and experimental technology such as unanticipated vulnerabilities in the code.
3. Perion DAO, any authorised representative/s of Perion DAO, and other persons associated with Perion DAO including suppliers to Perion DAO or its authorised representative/s (Protected Parties) deny liability for any loss or damage suffered by you or any person using the Website to the maximum extent permitted by law, including in respect of any errors that occur in the information on the Website or if that information is not up to date. The Protect Parties are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of this Website or a linked website. You must take your own precautions to ensure that whatever you select for your use from our Website is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.
4. To the extent that any statement in these Terms is inconsistent with statements made on the Website, Discord, Medium, Twitter, Instagram, Facebook or any other channel, the statements in these Terms prevail.

6. Linked sites

1. Our Website may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked websites and have no control over or rights in those linked websites.

7. Intellectual property rights

1. Unless otherwise indicated, we own, have the right to use or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property and proprietary rights) in this Website (whether registered or unregistered in any jurisdiction) and in all of the material (including all text, graphics, logos, audio, video and software) made available on this Website (whether registered or unregistered in any jurisdiction) (Content).
2. Your use of this Website and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to this Website or the Content. However, we do grant you a licence to access the Website and view the Content on the terms and conditions set out in these Terms, where applicable, as expressly authorised by us and/or our third-party licensors.
3. Any reproduction or redistribution of this Website or the Content is prohibited and may result in civil and criminal penalties.
4. The Website is for your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products or services contained within this website. You may not use this Website, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own website.

8. Your acknowledgements

Acknowledgements

5. When using the Website, you acknowledge, understand and agree that:

1. all representations made in relation to our Website are subject to change at any time;
2. you bear full responsibility for your use of the Website;
3. under no circumstances will the operation of all or any portion of the Website be deemed to create a relationship that includes the provision or tendering of investment, financial, legal, tax or accounting advice;
4. you are solely responsible for seeking independent professional legal and tax advice in relation to your use of the Website;
5. you are solely responsible for any financial loss suffered by you in relation to or connection with your use of the Website; and
6. to the maximum extent permitted by law, you indemnify the Protected Parties against any action, liability, claim, loss, damage, proceeding, expense (including but not limited to legal costs) suffered or incurred by us, whether directly or indirectly except for any amount that arises from our mistake, fraud, negligence or wilful misconduct, in connection with:

1. your breach of the Terms;
2. your breach of any applicable law;
3. any breach or inaccuracy in any of your representations and warranties; or
4. your use of the Website.

9. Unacceptable activity

1. You must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to our Website, including but not limited to:

1. any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual's consent) or any other of the legal rights of individuals;
2. the infringement of any third-party intellectual property rights through your use of the Website;
3. using the Website to defame or libel us, our employees or other persons;
4. uploading files that contain viruses that may cause damage to our property or the property of other individuals;
5. posting or transmitting the Website any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of our systems or a third party's systems or network security;
6. using the Website in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Website, or that could damage, disable, overburden or impair the functioning of the Website in any manner;
7. developing, utilizing, or disseminating any software, or interacting with any API in any manner, that could damage, harm, or impair the Website;
8. reverse engineering any aspect of the Website, or doing anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to the Website;
9. using any robot, spider, crawler, scraper, script, browser extension, offline reader or other automated means or interface not authorized by us to access the Website, extract data or otherwise interfere with or modify the rendering of web pages or functionality;
10. using data collected from our Website to contact individuals, companies, or other persons or entities;
11. using data collected from our Website for any direct marketing activity (including without limitation, email marketing, SMS marketing, telemarketing, and direct marketing); and
12. using the Website for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.

2. If we allow you to post any information to our Website, we have the right to take down this information at our sole discretion and without notice.

10. Limitation of Liability

1. To the maximum extent permitted by law, including consumer laws, in no event shall the Protected Parties be liable for any direct and indirect loss, damage or expense – irrespective of the manner in which it occurs – which may be suffered due to:

1. your use of our Website;
2. the information or materials contained on or via our Website, or as a result of the inaccessibility of this Website and/or the fact that certain information or materials contained on it are incorrect, incomplete, insecure, unstable, unreliable or not up-to-date; and
3. acts or omissions of any third parties, or your transactions or any other interaction with any such third parties or third-party software.

2. To the extent of any liability that cannot lawfully be denied, Perion DAO's liability (and/or its authorised representative/s’ liability) for damages under these Terms shall in all cases be limited to, and under no circumstances shall exceed, the Australian dollar value of any proceeds actually received by Perion DAO after deducting all costs, fees, and liabilities incurred by or on behalf of Perion DAO (including its authorised representative/s).

11. General

1. If any provision of these Terms is found to be unlawful or unenforceable, then that provision will be deemed severable from these Terms and will not affect the enforceability of any other provisions.
2. In the event of a conflict or dispute between the parties under these Terms, you agree to the following dispute resolution process:

1. To meet and confer with the Perion DAO authorised representative/s to discuss in good faith a resolution to such conflict or dispute, by sending an email request to [email protected]; and
2. if the conflict or dispute is still outstanding after undertaking the process in clause 11.2.1, you will draft a proposal for consideration and decision of the Perion DAO and acknowledge that the Perion DAO’s authorised representative/s involved in your matter may participate in the consensus and dissent gathering process, and that the proposal being approved or not approved represents full and final resolution of your matter;
3. if the conflict or dispute is not deemed to be satisfactorily resolved by the one or each of the persons affected after undertaking the processes in clauses 11.2.1 and 11.2.2, then a dispute arising out of or in connection with these Terms shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordance with the said Rules may be referred to the International Court of Arbitration for international commercial arbitration of the matter; and
4. if compliance with clause 11.2.3 is not affordable or considered unfair to put a party to, then to the extent that each of the above processes have been exhausted in good faith and you or a person affected (including Perion DAO) wishes to have the dispute heard in a domestic court of law, then the jurisdiction of England and Wales is to be used as the exclusive jurisdiction of last resort.