Terms of Service

The Services are an informational website and a waitlist for gamakura, a game-ownership product that we are still developing. Through the Services you can learn about what we are building, join the waitlist, express interest as a game developer, and contact us.

The product is not yet available. Any description on this site of features, capabilities, timing, pricing, or plans (including anything about buying games you own, on-chain licenses, crowdfunding, or funding) describes what we currently intend to build. It is a forward-looking statement, not a commitment. It may change, be delayed, or never be released, and you should not rely on it in making any decision. The commitments in "Our commitments to you" below are the exception, and we state them as binding commitments.

No offer; no investment; no securities. Nothing on the Services is an offer or solicitation to buy or sell any product, security, token, digital asset, or other financial instrument, or an offer to raise or accept investment. Questions in our forms about how the product might be funded are for research only and do not create any right, obligation, or offer of any kind.

We may change, suspend, or discontinue any part of the Services at any time, without notice or liability.

Most of what this site describes is a forward-looking plan (see "What the Services are"). The commitments below are the exception: we state them as binding commitments now, and we will carry them into the product terms that govern purchases when the product launches. Because the product is still in development, the specific technical mechanisms may change as we build them, but these commitments will not:

• Preservation: DRM dead-man's switch. If a studio shuts down or otherwise stops maintaining the digital rights management (DRM) that locks a game, and no one is left to operate it, we will disable that DRM so that a game you have already bought keeps working.
• Preservation: expiring content licenses. Where a game relies on third-party music or other licensed content that later expires, we will work with developers so the game stays playable, for example by replacing the affected content.
• Resale and transfer. A game you buy is yours to keep, transfer, or resell. When you resell a game, a share of the sale goes to the developer and we take a small fee to cover moving the license on-chain; the rest is yours.

No product is available for purchase yet, and nothing in this section requires you to buy anything or obligates us to launch on any particular timeline.

The Services are intended for adults. By using the Services, you represent and warrant that you are at least 18 years old and that you have the legal capacity to enter into these Terms. The Services are not directed to, and may not be used by, anyone under 18. If you are using the Services on behalf of an organization, you represent that you are authorized to accept these Terms on its behalf, and "you" refers to that organization.

The Services let you submit information through our waitlist, developer-interest, and contact forms. When you submit a form, you agree that:

• the information you provide is accurate and your own (or that you are authorized to provide it), and you will keep it current;
• you are submitting it yourself and not through any automated means, and you will not submit forms in bulk, repeatedly, or in a way designed to disrupt or overload the Services;
• you will not impersonate anyone or submit another person's information without their permission; and
• you will not submit anything unlawful, infringing, misleading, or malicious.

Joining the waitlist or submitting a form does not create any account, membership, purchase, or entitlement, and it does not obligate us to provide the product, early access, any particular pricing, or anything else. We may decline, remove, or delete any submission, and we may contact you about your submission as described in "Communications from us" and in our Privacy Policy.

When you give us your email address or other contact details through the Services, you agree that we may contact you about gamakura, including to confirm your sign-up, to respond to your inquiry, to share updates, and, where you have indicated you want them, to send marketing or promotional messages. You can opt out of marketing messages at any time by using the unsubscribe link in those emails or by contacting us at legal@gamakura.com. We may still send you non-marketing messages related to your request or submission.

You also consent to receive communications from us electronically, and you agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that they be in writing.

Unless otherwise noted, the Services and their contents (including the text, copy, design, graphics, logos, and other materials, and the arrangement of them) are owned by or licensed to Tide Research Inc and are protected by intellectual property laws. "Gamakura," "Tide Research," and our logos are our trademarks. You may not use them without our prior written permission.

We grant you a limited, personal, non-exclusive, non-transferable, revocable license to access and view the Services for your own personal, non-commercial use. This license does not let you copy, republish, sell, license, frame, scrape, data-mine, or otherwise exploit any part of the Services, or create derivative works from them, except as expressly permitted by these Terms or by applicable law.

Some materials on the Services are provided by third parties under their own licenses, and their credited licenses govern their use. For example, the 3D cartridge model shown on the site is by dark_igorek and is used under the Creative Commons Attribution 4.0 license, as credited in the site footer.

If you send us feedback, suggestions, ideas, survey answers, or other input about gamakura or the Services (together, "Feedback"), you agree that we may use it for any purpose without any obligation, restriction, attribution, or compensation to you. You grant us a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, sublicensable, and transferable license to use, reproduce, modify, and otherwise exploit your Feedback, and you agree that your Feedback is non-confidential. You represent that you have the right to provide the Feedback on these terms.

You agree not to, and not to help or permit anyone else to:

• use the Services for any unlawful purpose or in violation of these Terms or any applicable law;
• access, scrape, harvest, or collect data from the Services using any automated means (including bots, spiders, or crawlers) except as permitted by our robots.txt, or aggregate or systematically retrieve any part of the Services to build a collection or database;
• submit false, misleading, or spam entries through our forms, or use them to distribute unsolicited or bulk messages;
• attempt to probe, scan, or test the vulnerability of the Services, or breach, defeat, or circumvent any security or authentication measure;
• interfere with, disrupt, overload, or impair the Services or the servers or networks that host them, including through a denial-of-service attack or by uploading or transmitting viruses or other malicious code;
• reverse engineer, decompile, or disassemble any part of the Services except to the extent applicable law prohibits that restriction;
• impersonate any person or entity, or misrepresent your affiliation with any person or entity; or
• use the Services in any way that infringes the rights of others or that we reasonably consider harmful to us, the Services, or any other user.

The Services may contain links to third-party websites and may rely on third-party services (for example, our social media pages, the host of the 3D model shown on the site, our analytics provider, and our privacy-request tooling). We provide these for convenience, and we do not control and are not responsible for the content, policies, or practices of any third party. Your use of a third-party website or service is governed by that third party's own terms and privacy policy, not ours.

Your use of the Services is also governed by our Privacy Policy and our Cookie Policy, which explain how we handle your information and how we use cookies and similar technologies. We are based in the United States and process information there. By using the Services, you acknowledge those policies.

The Services are provided "as is" and "as available," with all faults and without warranties of any kind. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and any warranties arising out of course of dealing or usage of trade.

We do not warrant that the Services will be uninterrupted, secure, error-free, or free of harmful components, or that any information on the Services (including any description of the gamakura product or its plans, features, timing, or availability) is accurate, complete, or current. Any reliance you place on the Services is at your own risk. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above may not apply to you.

To the fullest extent permitted by law, in no event will Tide Research Inc or its officers, directors, employees, or agents be liable to you for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, or other intangible losses, arising out of or relating to your access to or use of (or inability to access or use) the Services, whether based on warranty, contract, tort (including negligence), statute, or any other legal theory, and whether or not we have been advised of the possibility of such damages.

To the fullest extent permitted by law, our total liability for all claims arising out of or relating to the Services or these Terms will not exceed one hundred US dollars (US $100.00). Because the Services are provided free of charge, this reflects a reasonable allocation of risk between us. Some jurisdictions do not allow the limitation or exclusion of certain damages, so some of the above may not apply to you.

You agree to indemnify, defend, and hold harmless Tide Research Inc and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in any way connected with your use of the Services, your submissions, your violation of these Terms, or your violation of any law or the rights of any third party.

These Terms apply while you use the Services. We may, at any time and without notice or liability, suspend or terminate your access to the Services, or change, suspend, or discontinue any part of them, for any reason, including if we believe you have violated these Terms. You may stop using the Services at any time. The sections of these Terms that by their nature should survive termination (including "Intellectual property," "Your submissions and feedback," "Disclaimers," "Limitation of liability," "Indemnification," and "Governing law and disputes") will survive.

These Terms and any dispute arising out of or relating to them or the Services are governed by the laws of the State of California, without regard to its conflict-of-laws rules, and by applicable US federal law. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Informal resolution first. If you have a dispute with us, please contact us at legal@gamakura.com first so we can try to resolve it. We will try in good faith to resolve any dispute informally, and you agree to give us at least 60 days to do so before starting any formal proceeding.

Venue. If a dispute is not resolved informally, you agree that it will be brought exclusively in the state or federal courts located in California, and you and we consent to the personal jurisdiction of those courts. This does not prevent either party from seeking relief in small-claims court for a qualifying dispute.

Jury-trial waiver. To the fullest extent permitted by law, you and we each waive any right to a trial by jury in any proceeding arising out of or relating to these Terms or the Services.

Time to bring a claim. To the fullest extent permitted by law, any claim arising out of or relating to the Services or these Terms must be filed within one year after it arises; otherwise it is permanently barred.

We may update these Terms from time to time. When we do, we will revise the "Last updated" date at the top of this page, and the updated Terms take effect when posted. If we make material changes, we will take reasonable steps to let you know. Your continued use of the Services after the updated Terms take effect means you accept them. If you do not agree to the updated Terms, please stop using the Services.

These Terms, together with our Privacy Policy and Cookie Policy, are the entire agreement between you and us regarding the Services, and they supersede any prior agreements on that subject. If any provision of these Terms is held to be invalid or unenforceable, that provision will be limited or removed to the minimum extent necessary and the remaining provisions will stay in full force. Our failure to enforce any provision is not a waiver of it. You may not assign or transfer these Terms without our prior written consent; we may assign them freely, including in connection with a merger, acquisition, or sale of assets. Nothing in these Terms creates any partnership, joint venture, employment, or agency relationship between you and us. We are not liable for any delay or failure to perform caused by events beyond our reasonable control. Headings are for convenience only and do not affect interpretation.

If you have questions about these Terms, you may email us at legal@gamakura.com or contact us by post at:

Tide Research Inc
1207 Delaware Ave #811
Wilmington, DE 19806
United States