PLEASE READ THESE TERMS & CONDITIONS (“TERMS”) CAREFULLY AND IN ITS ENTIRETY PRIOR TO YOUR USE OF OUR SERVICES AND PRODUCTS (“Services”). These Terms constitutes a legally binding agreement between You and POLKAMARKET OÜ, a company incorporated under the laws of Estonia (referred to herein as “POLKAMARKET”, “Polkamarkets Labs”, “Foreland”, “Us”, “We”, “Our”) with head offices at Harju Maakond, Tallinn, Kristiine Linnaosa, Keemia tn 4, 10616, which owns and operates the website https://foreland.io and other related websites (“Website” and “Foreland Web App”). BY USING THE WEBSITE AND THE FORELAND WEB APP, YOU CERTIFY THAT YOU HAVE READ, UNDERSTOOD AND REVIEWED THESE TERMS AND THAT YOU AGREE TO COMPLY WITH ITS TERMS. IF YOU DO NOT WANT TO BE BOUND BY THESE TERMS, YOU ARE ADVISED TO LEAVE THE WEBSITE. WE ONLY GRANT USE AND ACCESS OF THIS WEBSITE, THE FORELAND WEB APP, ITS PRODUCTS AND SERVICES TO THOSE WHO HAVE ACCEPTED ITS TERMS.

1. What we do

Polkamarkets Labs is a software development company, building a prediction markets solution for individuals and organisations.

2. Eligibility acceptable use and representations warranties

You should only use the Services if:
i) You are 18 years old or older;
ii) You are not considered a minor or under the age of majority adulthood in your specific jurisdiction;
iii) You are not accessing or using the Service from any jurisdiction in which it is illegal to do so.
By accepting these Terms, You further represent, warrant and undertake to Us, that
i) You: are not an individual / a person who is a citizen, domiciled in, resident of, or physically present / located in an Excluded Jurisdiction;
ii) are not a corporate body which is incorporated in, or operates out of, an Excluded Jurisdiction, or which is under the control of one or more individuals who is/are citizen(s) of, domiciled in, residents of, or physically present / located in, an Excluded Jurisdiction; and/or
iii) are not an individual or corporate body which is otherwise prohibited or ineligible in any way, whether in full or in part, under any law applicable to such individual or body corporate from participating in any part of the transactions contemplated in these Terms (collectively, “Excluded Persons”);
iv) use the Services, the Website or the Foreland Web App at your sole risk and discretion;
v) You do not, and will not, use VPN software or any other privacy or anonymization tools or techniques to circumvent, or attempt to circumvent, any restrictions that apply to the services, the Website or the Foreland Web App;
vi) the sole responsible for any applicable taxes that may be payable on your own jurisdiction or others through the use of the Services, the Website or the Foreland Web App;
vii) will not carry out any activity that: (i) involves proceeds from any illegal or unlawful activity (including activities relating to cryptocurrency tumblers, darknet markets, money laundering or terrorism financing); (ii) publishes, distributes or disseminates any illegal or unlawful material or information; or (iii) otherwise violates, or could violate, any applicable law;
ix) You are the sole responsible (i) to determine whether Your use of the services, the Website or of the Foreland Web App have any legal or regulatory implications for You and (ii) to comply with all applicable rules in relevant jurisdictions.”

Under these Terms, Excluded Jurisdictions are:

• Cuba;
• Democratic People’s Republic of Korea;
• Iran;
• Libya;
• Russia;
• South Sudan;
• Sudan;
• Syria;

We may implement controls to restrict access to the Services, the Website or the Foreland Web App from any Excluded Jurisdiction pursuant to these Terms or to any other Jurisdictions, at our own discretion, but You agree to comply with these Terms even if Our methods to prevent use of the Services, the Website or the Foreland Web App are not effective or can be bypassed.

3. Foreland web app

Foreland is a platform where Polkamarket’s Clients (“Brands”) can create and have access to customised prediction markets (“Lands”) and organise fantasy prediction markets (“Forecasting Competitions” or “Tournaments”), as a way to gather crowd-sourced insights about the future and elicit community engagement.
Foreland uses Version 3 of the Polkamarket Protocol and special fantasy ERC-20 tokens, generated specifically for Lands and their Forecasting Competitions (the “Foreland Brand Tokens”).
Foreland Brand Tokens cannot be bought, sold or transferred by Forecasters and can only be used to interact with the Foreland platform, i.e., to allow Brands and users of Foreland (“Forecasters”) to, respectively, create and participate in Forecasting Competitions.

Forecasting Competitions
A Forecasting Competition shall include a selection of forecasting questions, a starting and termination date, a rewards scheme (a list of Rewards for the top Forecasters) and one or more winning criteria, determined by the Brand.

Each Forecasting Competition has its own leaderboard, where Forecasters are ranked using multiple criteria, such as number of forecasts placed, number of correct forecasts, volume of Foreland Brand Tokens used in the Forecasting Competition, etc.

Brands can attach in-kind rewards to their Forecasting Competition(s) leaderboard: gift cards, free products / merchandise, brand-related experiences, discount vouchers or codes, among others (“Rewards”). Cash or cash-equivalent rewards are strictly prohibited and shall not be used by the Brands as Rewards.

Brands are solely responsible for the Rewards scheme definition and distribution of such Rewards to the winners of their Forecasting Competition(s). Neither Polkamarket or Foreland will deliver Rewards to Forecasters on behalf of Brands.

Forecasters Foreland Account
To use and access Foreland, Forecasters will need to register and create a Foreland Account, by either (i) using their email address or a social network login to generate a blockchain wallet address, or (ii) using their MetaMask or Wallet Connect blockchain wallet.
Polkamarket uses a third-party service provider, Biconomy.com, to facilitate the process of account creation and no personal data is shared by Biconomy with Polkamarket. Polkamarket only has access to the Forecaster’s blockchain wallet address and/or a unique ID and, in addition, to any personal data the Forecasters directly share with Polkamarket.

Forecasters may elect to connect their social network account(s) to their Foreland Account, to display in their Foreland public profile page and select to include their actual name or a pseudonym. By electing to connect a social network account, Forecasters acknowledge and accept that Polkamarket collects and stores that information for operational purposes and account management.

4. License

We grant You a non-exclusive, personal, non-transferable right to use the Services on your personal computer or other device with access to the internet to access and use the Services described on the Website, subject to these Terms. We and our licensors are the sole holders of all rights in and to the Services and code, technology, organization and structure, architecture, including copyright, trade secrets, intellectual property and other rights. You may not:
i) copy, create derivative works, distribute, publish, reverse engineer, decompile, disassemble, modify, or translate the Website or the Services; or
ii) use the Services that in any way is prohibited by applicable laws or regulations (each of the above herein defined as an “Unauthorized Use”).
We reserve all rights implied or otherwise, which are not expressly granted to You hereunder and retain all rights, title, and interest in and to the Services. You agree that you will be solely liable for any damage, costs or expenses arising out of or in connection with the commission by you of any Unauthorized Use. You shall notify Us immediately upon becoming aware of the commission by any person of any Unauthorized Use and shall provide Us with reasonable assistance with any investigations it conducts considering the information provided by You in this respect.

5. Website domain and trademarks

The terms “Polkamarket”, “Polkamarket Labs” and“Foreland”, its domain names and any other trademarks, or service marks used by Us as part of the Services, are exclusively owned by Us (“Trademarks”). All content on the Website or on the Foreland Web App, including, but not limited to, the images, pictures, graphics, photographs, animations, videos, music, audio and text (the “Website and Foreland Web App Content”) belongs to Us and is protected by copyright and/or other intellectual property or other rights. By using the Services, you do not obtain any rights on the Website or the Foreland Web App or the Website and Foreland Web App Content and/or the Trademarks, or any part thereof. Under no circumstances may you use the Website, the Foreland Web App or the Website and Foreland Web App Contents and/or the Trademarks without our prior written consent.

6. Absence of waiver

Our Website and Foreland Web App may link to other websites, applications, networks, services or resources (“Third-Party Service”) that are subject to different terms and privacy practices and are not maintained by or related to Us. You represent and warrant that you have read and agree to be bound by all applicable terms and conditions, and privacy policies for any Third-Party Service. Links to such websites are provided as a service to You and are not sponsored by or affiliated with our Website, the Foreland Web App or Us. We may not review any or all such websites and We are not responsible for the content therein. Links are to be accessed at your own risk, and We make no representations or warranties about the content, completeness or accuracy of any Third-Party Service linked to or from our Website or Foreland Web App. You expressly hold Us harmless from any and all liability related to your use of the Third-Party Service. When we provide any links, we do it as a convenience, and the inclusion of any link to a Third-Party Services does not imply endorsement by Us of that site or any association with its operators. We do not provide any crypto asset services, nor place, hold custody, administrate, trade, exchange, facilitate or manage funds, crypto assets, or cryptocurrency wallets for You or on Your behalf or of any Third-Party. Foreland Web App relies on underlying protocols that are open-source software, and anyone can use, copy, modify, and distribute them. By using our Website, you acknowledge, agree and accept (i) that we are not responsible for the operation of the underlying protocols and that we make no guarantee of their security, functionality or availability; and (ii) that the underlying protocols can be subject to sudden changes in operating rules.
You may also join different networks and platforms where We have a digital presence, such as Telegram, Twitter, Discord and LinkedIn. By interacting with such networks and platforms You grant Us a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully paid, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and display your User Content and any name, username or likeness provided in connection with your User Content in all media formats and channels now known or later developed without compensation to you. You may be allowed to create, post, store and share content, including messages, text, photos, videos, software, and other materials (collectively, “User Content”).

You may not create, post, store or share any User Content that violates these Terms or for which you do not have all the rights necessary to grant us the license described above. You represent and warrant that your User Content, and our use of such content as permitted by these Terms, will not violate any rights of or cause injury to any person or entity. Although we have no obligation to screen, edit or monitor User Content, we may delete or remove User Content at any time and for any reason with or without notice.

7. Information about us and our services products

We have an active digital presence in different digital platforms and websites, such as Telegram, Twitter, LinkedIn and Polkamarket Blog, among others. We like to keep you informed about our Products and Services, new developments, new ideas and be close to our community. We do not guarantee that the information made available in all different digital platforms and websites is updated at all times, but we are committed to have the Polkamarket Blog as updated as possible.

If You have questions about our Products, Services or any other queries related to the content We share online, send us an email to: [email protected]

8. Modification of these terms

We may modify these Terms at any time. When we make changes to these Terms, we will post the revised Terms on the Website and update the “Last Updated” date at the top of these Terms. You should therefore refer to and read these Terms from time to time. Any amended Terms will become effective no earlier than 14 days after they are posted and prospective use of the Services after such changes become effective, except those changes addressing new functions of the Services or changes made to comply with any legal requirement will be effective immediately. Your continued use of the Services following the effective date of such changes will constitute your acceptance of such changes from time to time. If you do not agree to any amended Terms, you must discontinue using the Services and the Website.

9. Indemnification

You agree to indemnify and hold harmless each member of Polkamarket and their respective directors, officers, employees, agents, contractors and licensors (together, the “Associated Parties”) immediately upon demand from and against any and all claims, demands, lawsuits, actions, proceedings, investigations, liabilities, damages, losses, costs or expenses, including reasonable attorneys’ fees, in any way arising out of, in relation to or in connection with, directly or indirectly, your or your authorised representatives: a) use of, or conduct in connection with, the Services; b) breach of these Terms or any other of Our policies; or c) violation of any Applicable Law or the rights of any other person or entity.

10. Absence of waiver

Any failure or delay by Us to enforce any of the Terms or exercise any right under the Terms will not be construed as a waiver to any extent of Our rights.

11. Governing law jurisdiction survival

These Terms shall be governed by and construed in accordance with the laws of Estonia and all disputes arising out of or in connection with these Terms are subject to the exclusive jurisdiction of the Courts of Estonia. Should any provision of these Terms be held to be void, invalid, unenforceable, or illegal by a court, the validity and enforceability of the other provisions shall not be affected. If any provision is determined to be unenforceable, you agree to an amendment by Us of such provision to provide for enforcement of the provision’s intent, to the extent permitted by the Applicable Law.

12. Contact us

If you have any questions, comments, or concerns regarding these Terms and/or services, products or practices, please contact us at [email protected]