EX Sports is a distributed application that runs on the Ethereum network, using specially developed smart contracts (each, a “Smart Contract”) to enable users to create, own, and transfer digital collectible cards which can then be visualized on our mobile application. The Smart Contracts and the mobile application are collectively referred to in these Terms as the “App”. Using the App, users can view their digital collectibles and use the Smart Contracts to create, acquire, and trade with other App users.
1.1. Transactions that take place on the App are managed and confirmed via the Ethereum blockchain. You understand that your Ethereum public address will be made publicly visible whenever you engage in a transaction on the App.
1.2 We neither own nor control the Ethereum network, or any other third party site including payment gateway, wallet, product, or service that you might access, visit, or use for the purpose of enabling you to use the various features of the App. We will not be liable for the acts or omissions of any such third parties, nor will we be liable for any damage that you may suffer as a result of your transactions or any other interaction with any such third parties.
1.3 You must provide accurate and complete registration information when you create an account for the App. By creating an account, you agree to provide accurate, current and complete account information about yourself, and to maintain and promptly update as necessary your account information. You are responsible for the security of your account and your wallet (and other Ethereum wallets and accounts). If you become aware of any unauthorized use of your password or of your account with us, you agree to notify us immediately at [email protected]
2.1 We have utilized Smart Contracts to develop our Digital Collectible Cards referred to as “Cards” (“Cards”). Our Smart Contracts enforce a hard limit of 1,000 Cards (NFT’s) per single card type
2.2 You Own the NFT. Each Card is a non-fungible token (an “NFT”) on the Ethereum blockchain. When you purchase a Card, you own the underlying NFT completely. This means that you have the right to trade your NFT, sell it, or give it away. Ownership of the NFT is mediated entirely by the Smart Contract and the Ethereum Network: at no point will we seize, freeze, or otherwise modify the ownership of any Card.
2.3. EX Sports owns the App. You acknowledge and agree that EX (or, as applicable, our licensors) owns all legal right, title and interest in and to all other elements of the App, and all intellectual property rights therein (including, without limitation, all Art, designs, systems, methods, information, computer code, software, services, “look and feel”, organization, compilation of the content, code, data, and all other elements of the App. You acknowledge that copyright, trade dress, patent, and trademark laws, international conventions, other relevant intellectual property and proprietary rights, and applicable laws protect the EX Materials.
All EX Materials are the copyrighted property of EX or its licensors, and all trademarks, service marks, and trade names associated with the App or otherwise contained in the EX Materials are proprietary to EX or its licensors. Except as expressly set forth herein, your use of the App does not grant you ownership of or any other rights with respect to any content, code, data, or other EX Materials that you may access on or through the App.
We reserve all rights in and to the EX Materials that are not expressly granted to you in these Terms. For the sake of clarity, you understand and agree: (a) that your purchase of a Card, whether via the App or otherwise, does not give you any rights or licenses in or to the EX Materials (including, without limitation, our copyright in and to the associated Art) other than those expressly contained in these Terms; (b) that you do not have the right, except as otherwise set forth in these Terms, to reproduce, distribute, or otherwise commercialize any elements of the EX Materials (including, without limitation, any Art) without our prior written consent in each case, which consent we may withhold in our sole and absolute discretion; and (c) that you will not apply for, register, or otherwise use or attempt to use any EX trademarks or service marks, or any confusingly similar marks, anywhere in the world without our prior written consent in each case, which consent we may withhold at our sole and absolute discretion.
Our Applications (including all text, computer programs, other literary works, photographs, pictorial works, motion pictures, audiovisual works and other works of expression) is all protected by copyright law in its individual parts and also as a collective work or compilation. We (subject to the rights of our licensors and licensees under applicable agreements, understandings and arrangements) have all rights in those copyrights, even though we make some of the Applications accessible to you free of charge for your own individual personal access through your mobile browser. You must abide by all additional copyright notices or restrictions contained on our Applications.
Our Applications also embody ideas, processes, methods and systems and formulae and data that are used to present the Applications and its associated services to you. Many of those are our trade secrets from which we derive substantial economic value, or new and non-obvious so that they are subject to our patents or patent applications. By permitting you the limited right to access the Applications for your own individual personal use, we are in no way abandoning any of those rights.
You have no right to reproduce, distribute, prepare derivative works, publicly display or perform, or to make, use, sell, offer for sale or in any other manner exploit any works, inventions, data or any material from the Applications that are the subject of our copyrights, patent rights or trade secret or other intellectual property rights other than as expressly set forth in these Terms.
Some of the content (“User Generated Content”) posted on the Applications is generated by users of the Applications (“Users”) other than EX Sports. That User Generated Content can include User-submitted ratings and reviews and User-submitted text, artwork, photographs, product ideas, video, audio, and images. User Generated Content, and your access to User Generated Content is subject to the following restrictions and notifications: You understand that like any User Generated Content, your own User Generated Content may be accessed and viewed by others, including by the general public, and, whether or not the User Generated Content is published, EX does not guarantee any confidentiality with respect to any User Generated Content. You are solely responsible for your own User Generated Content and the consequences of publishing it on the Applications. For clarity, EX obtains the following license but does not claim ownership of your User Generated Content. By submitting User Generated Content, you grant to EX an unrestricted, exclusive, perpetual, royalty-free, transferable and irrevocable license and right, throughout the universe, to use, edit, alter, change, condense, copy, reproduce, disclose, display, publish, remove, prepare derivative works from, perform, distribute, exhibit, broadcast, or otherwise exploit the User Generated Content, in whole or in part, in any form, media or technology, now known or hereafter developed including, without limitation, broadcast and cable television or transmission by wire or wirelessly, and the internet, for any purpose whatsoever including, without limitation, advertising, promotion, entertainment or commercial purposes, without any payment to you and without any further authorization by you. Under this license, EX is free to use any ideas or concepts contained in the User Generated Content without further attribution, compensation or notice to you. You will not post, transmit, redistribute, upload, promote, or otherwise make available any communications, content or materials that (i) contain corrupted files, viruses, or any other similar software files, the intent of which is to damage the operation of another’s computer; (ii) are unlawful, threatening, harassing, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, sexually explicit, hateful, profane, indecent, racially or ethnically derogatory, or otherwise objectionable; (iii) contain any software viruses, unsolicited advertising, promotional materials, or other forms of solicitation to other Users, individuals or entities; (iv) contain email addresses, first and last names, URLs, phone numbers, physical addresses, or other forms of personal contact information; (v) impersonate any person, business or entity, including our company and our employees and agents; (vi) encourage conduct that would constitute a criminal offense; (vii) give rise to civil liability; (viii) otherwise violate any law (including, but not limited to, those governing consumer protection, unfair competition, anti-discrimination or false advertising); or (ix) amount to any conduct that, in the judgment of EX, restricts, impairs, interferes with or inhibits any other User from using or enjoying the Applications and/or our related services and products.
You disclaim and waive and agree that you have no moral rights in the User Generated Content. EX is entitled to delete or abridge any User Generated Content to comply with these Terms or with law, and by doing so, may not be later construed to be the author, publisher or in any other way responsible for the User Generated Content. You understand that by using the Applications you may be exposed to User Generated Content that is offensive, indecent or objectionable to you. Under no circumstances will EX be liable in any way for any User Generated Content, including, without limitation, for any errors or omissions in any User Generated Content, or for any loss or damage of any kind incurred by you or anyone as a result of the use of any User Generated Content transmitted, uploaded, posted, e-mailed or otherwise made available via the Applications. By submitting to us suggestions or other feedback regarding our Applications (“Feedback”), you agree that we can use and share (but do not have to) that feedback for any purpose without compensation to you.
You are solely responsible for your conduct, the compliance of your User Generated Content with applicable law, and your communications with others while using the Applications. By using the Applications, you represent that you have the rights or permission needed to use your User Generated Content and to comply with these Terms. You, and not we, are responsible for maintaining, protecting and backing up all of your User Generated Content. EX makes no promise to protect, save or back up any User Generated Content, including yours. We will not be liable for any loss or corruption of your User Generated Content, or for any costs or expenses associated with backing up or restoring any of your User Generated Content, even if we cause the loss or corruption. We may choose to review publicly posted or shared content and remove or redact any User Generated Content that we or anyone may find obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable. But you acknowledge that we have no obligation to monitor any information on the Applications. And any such action that we take does not make us the publishers or in any way responsible for any of the User Generated Content.
6.1 General Use. Subject to your continued compliance with these Terms, EX grants you a worldwide, non-exclusive, non-transferable, royalty-free license to use, copy, and display the Art for your Purchased Card, along with any Extensions that you choose to create or use, solely for the following purposes: (i) for your own personal, non-commercial use; (ii) as part of a marketplace that permits the purchase and sale of your Card, provided that the marketplace cryptographically verifies each Card owner’s rights to display the Art for their Purchased Card to ensure that only the actual owner can display the Art; or (iii) as part of a third party website or application that permits the inclusion, involvement, or participation of your Card, provided that the website/application cryptographically verifies each Card owner’s rights to display the Art for their Purchased Card to ensure that only the actual owner can display the Art, and provided that the Art is no longer visible once the owner of the Purchased Card leaves the website/application.
6.2 Commercial Use. Subject to your continued compliance with these Terms, EX grants you a limited, worldwide, non-exclusive, non-transferable license to use, copy, and display the Art for your Purchased Card for the purpose of commercializing your own merchandise that includes, contains, or consists of the Art for your Purchased Card (“Commercial Use”), provided that such Commercial Use does not result in you earning more than One Hundred Thousand Dollars ($100,000) in gross revenue each year. For the sake of clarity, nothing in this Section will be deemed to restrict you from (i) owning or operating a marketplace that permits the use and sale of SportStarZ generally, provided that the marketplace cryptographically verifies each Card owner’s rights to display the Art for their Purchased Card to ensure that only the actual owner can display the Art; (ii) owning or operating a third party website or application that permits the inclusion, involvement, or participation of Cards generally, provided that the third party website or application cryptographically verifies each Card owner’s rights to display the Art for their Purchased Card to ensure that only the actual owner can display the Art, and provided that the Art is no longer visible once the owner of the Purchased Card leaves the website/application; or (iii) earning revenue from any of the foregoing, even where such revenue is in excess of $100,000 per year.
6.3 Restrictions. You agree that you may not, nor permit any third party to do or attempt to do any of the foregoing without EX’s express prior written consent in each case: (i) modify the Art for your Purchased Card in any way, including, without limitation, the shapes, designs, drawings, attributes, or color schemes (your use of Extensions will not constitute a prohibited modification hereunder); (ii) use the Art for your Purchased Card to advertise, market, or sell any third party product or service; (iii) use the Art for your Purchased Card in connection with images, videos, or other forms of media that depict hatred, intolerance, violence, cruelty, or anything else that could reasonably be found to constitute hate speech or otherwise infringe upon the rights of others; (iv) use the Art for your Purchased Card in movies, videos, or any other forms of media, except to the limited extent that such use is expressly permitted in these Terms or solely for your own personal, non-commercial use; (v) sell, distribute for commercial gain (including, without limitation, giving away in the hopes of eventual commercial gain), or otherwise commercialize merchandise that includes, contains, or consists of the Art for your Purchased Card, except as expressly permitted in these Terms; (vi) attempt to trademark, copyright, or otherwise acquire additional intellectual property rights in or to the Art for your Purchased Card; or (vii) otherwise utilize the Art for your Purchased Card for your or any third party’s commercial benefit. To the extent that Art associated with your Purchased Card contains Third Party IP (e.g., licensed intellectual property from a celebrity, athlete, or other public figure), you understand and agree as follows: (w) that you will not have the right to use such Third Party IP in any way except as incorporated in the Art, and subject to the license and restrictions contained herein; (x) that the Commercial Use license in Section 3.C(ii) above will not apply; (y) that, depending on the nature of the license granted from the owner of the Third Party IP, EX may need to pass through additional restrictions on your ability to use the Art; and (z) to the extent that EX informs you of such additional restrictions in writing (email is permissible), you will be responsible for complying with all such restrictions from the date that you receive the notice, and that failure to do so will be deemed a breach of this license. The restrictions in this Section will survive the expiration or termination of these Terms.
6.4 Feedback. You may choose to submit comments, bug reports, ideas or other feedback about the App, including without limitation about how to improve the App (collectively, “Feedback”). By submitting any Feedback, you agree that we are free to use such Feedback at our discretion and without additional compensation to you, and to disclose such Feedback to third parties (whether on a non-confidential basis, or otherwise). You hereby grant us a perpetual, irrevocable, nonexclusive, worldwide license under all rights necessary for us to incorporate and use your Feedback for any purpose.
6.5 Your Obligations. You agree that you are responsible for your own conduct while accessing or using the App, and for any consequences thereof. You agree to use the App only for purposes that are legal, proper and in accordance with these Terms and any applicable laws or regulations. By way of example, and not as a limitation, you may not, and may not allow any third party to: (i) send, upload, distribute or disseminate any unlawful, defamatory, harassing, abusive, fraudulent, obscene, or otherwise objectionable content; (ii) distribute viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other items of a destructive or deceptive nature; (iii) impersonate another person (via the use of an email address or otherwise); (iv) upload, post, transmit or otherwise make available through the App any content that infringes the intellectual proprietary rights of any party; (v) use the App to violate the legal rights (such as rights of privacy and publicity) of others; (vi) engage in, promote, or encourage illegal activity (including, without limitation, money laundering); (vii) interfere with other users' enjoyment of the App; (viii) exploit the App for any unauthorized commercial purpose; (ix) modify, adapt, translate, or reverse engineer any portion of the App; (x) remove any copyright, trademark or other proprietary rights notices contained in or on the App or any part of it; (xi) reformat or frame any portion of the App; (xii) display any content on the App that contains any hate-related or violent content or contains any other material, products or services that violate or encourage conduct that would violate any criminal laws, any other applicable laws, or any third party rights; (xiii) use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the App or the content posted on the App, or to collect information about its users for any unauthorized purpose; (xiv) create user accounts by automated means or under false or fraudulent pretenses; or (xv) access or use the App for the purpose of creating a product or service that is competitive with any of our products or services. If you engage in any of the activities prohibited by this Section, we may, at our sole and absolute discretion, without notice to you, and without limiting any of our other rights or remedies at law or in equity, immediately suspend or terminate your user account and/or delete your Cards’ images and descriptions from the App and the Site. If we delete your Cards’ images and descriptions from the App and/or the Site, such deletion will not affect your ownership rights in any NFTs that you already own.
We respect others' intellectual property and ask that you do too. We will respond to notices of alleged copyright infringement if they comply with the law and are properly provided to us. We reserve the right to delete or disable content alleged to be infringing and to terminate repeat infringers.
[email protected] EX Sports PTE LTD, 168 Robinson Road #12, Capital Tower, Singapore 068912
If you are a copyright owner or an agent thereof and believe that any content on our site infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent, at the addresses set forth above, with the following information in writing for further detail:
For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to EX customer service through [email protected] You acknowledge that if you fail to comply with all of the requirements of this, your DMCA notice may not be valid.
If you believe that your content that was removed from our site (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your content, you may send a counter-notice containing the following information to the Copyright Agent at the addresses set forth above:
A. If you elect to purchase, trade, or create your own Digital Collectible Card on the App, or with or from other users via the App, any financial transactions that you engage in will be conducted solely through the Ethereum network. We will have no insight into or control over these payments or transactions, nor do we have the ability to reverse any transactions. With that in mind, we will have no liability to you or to any third party for any claims or damages that may arise as a result of any transactions that you engage in via the App, or using the Smart Contracts, or any other transactions that you conduct via the Ethereum network.
B. Ethereum requires the payment of a transaction fee (a “Gas Fee”) for every transaction that occurs on the Ethereum network. The Gas Fee funds the network of computers that run the decentralized Ethereum network. This means that you will need to pay a Gas Fee for each transaction that occurs via the App.
C. In addition to the Gas Fee, each time you utilize the EX marketplace Smart Contract to conduct a transaction with another user via the App, you authorize us to collect a commission of 3.75% of the total value of that transaction (each, a “Commission”). You acknowledge and agree that the Commission will be transferred directly to us through the Ethereum network as part of your payment. We will not collect a Commission for interactions that do not involve our marketplace.
D. As between us, you will be solely responsible to pay any and all sales, use, value-added and other taxes, duties, and assessments (except taxes on our net income) now or hereafter claimed or imposed by any governmental authority (collectively, “Taxes”) associated with your use of the App (including, without limitation, any Taxes that may become payable as the result of your ownership, transfer, or breeding of any of your Cards). Except for income taxes levied on EX, you: (i) will pay or reimburse us for all national, federal, state, local or other taxes and assessments of any jurisdiction, including value added taxes and taxes as required by international tax treaties, customs or other import or export taxes, and amounts levied in lieu thereof based on charges set, services performed or payments made hereunder, as are now or hereafter may be imposed under the authority of any national, state, local or any other taxing jurisdiction; and (ii) shall not be entitled to deduct the amount of any such taxes, duties or assessments from payments made to us pursuant to these Terms. You confirm that you are not a resident in Singapore nor are you registered for Goods and services tax / Harmonized sales tax (GST / HST) or Provincial sales taxes (PST) in Singapore, and will inform EX if your status changes in the future.
You may terminate these Terms at any time by canceling your account on the App and discontinuing your access to and use of the App. You will not receive any refunds if you cancel your account, or otherwise terminate these Terms. You agree that we, in our sole discretion and for any or no reason, may terminate these Terms and suspend and/or terminate your account(s) for the App. You agree that any suspension or termination of your access to the App may be without prior notice, and that we will not be liable to you or to any third party for any such suspension or termination. If we terminate these Terms or suspend or terminate your access to or use of the App due to your breach of these Terms or any suspected fraudulent, abusive, or illegal activity, then termination of these Terms will be in addition to any other remedies we may have at law or in equity. Upon any termination or expiration of these Terms, whether by you or us, you may no longer have access to information that you have posted on the App or that is related to your account, and you acknowledge that we will have no obligation to maintain any such information in our databases or to forward any such information to you or to any third party. Sections 1.C and 3 through 16 will survive the termination or expiration of these Terms for any reason.
A. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR ACCESS TO AND USE OF THE APP IS AT YOUR SOLE RISK, AND THAT THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE, OUR SUBSIDIARIES, AFFILIATES, AND LICENSORS MAKE NO EXPRESS WARRANTIES AND HEREBY DISCLAIM ALL IMPLIED WARRANTIES REGARDING THE APP AND ANY PART OF IT (INCLUDING, WITHOUT LIMITATION, THE SITE, ANY SMART CONTRACT, OR ANY EXTERNAL WEBSITES), INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, CORRECTNESS, ACCURACY, OR RELIABILITY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE, OUR SUBSIDIARIES, AFFILIATES, AND LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (I) YOUR ACCESS TO OR USE OF THE APP WILL MEET YOUR REQUIREMENTS, (II) YOUR ACCESS TO OR USE OF THE APP WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (III) USAGE DATA PROVIDED THROUGH THE APP WILL BE ACCURATE, (III) THE APP OR ANY CONTENT, SERVICES, OR FEATURES MADE AVAILABLE ON OR THROUGH THE APP ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (IV) THAT ANY DATA THAT YOU DISCLOSE WHEN YOU USE THE APP WILL BE SECURE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
B. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET, AND AGREE THAT WE HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY BREACH OF SECURITY UNLESS IT IS DUE TO OUR GROSS NEGLIGENCE.
C. WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSSES YOU INCUR AS THE RESULT OF YOUR USE OF THE ETHEREUM NETWORK OR THE METAMASK ELECTRONIC WALLET, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (i) USER ERROR, SUCH AS FORGOTTEN PASSWORDS OR INCORRECTLY CONSTRUED SMART CONTRACTS OR OTHER TRANSACTIONS; (ii) SERVER FAILURE OR DATA LOSS; (iii) CORRUPTED WALLET FILES; OR (iv) UNAUTHORIZED ACCESS OR ACTIVITIES BY THIRD PARTIES, INCLUDING BUT NOT LIMITED TO THE USE OF VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK AGAINST THE APP, ETHEREUM NETWORK, OR THE METAMASK ELECTRONIC WALLET.
D. DIGITAL COLLECTIBLES ARE INTANGIBLE DIGITAL ASSETS THAT EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED IN THE ETHEREUM NETWORK. ALL SMART CONTRACTS ARE CONDUCTED AND OCCUR ON THE DECENTRALIZED LEDGER WITHIN THE ETHEREUM PLATFORM. WE HAVE NO CONTROL OVER AND MAKE NO GUARANTEES OR PROMISES WITH RESPECT TO SMART CONTRACTS.
E. EX IS NOT RESPONSIBLE FOR LOSSES DUE TO BLOCKCHAINS OR ANY OTHER FEATURES OF THE ETHEREUM NETWORK OR THE ELECTRONIC WALLET, INCLUDING BUT NOT LIMITED TO LATE REPORT BY DEVELOPERS OR REPRESENTATIVES (OR NO REPORT AT ALL) OF ANY ISSUES WITH THE BLOCKCHAIN SUPPORTING THE ETHEREUM NETWORK, INCLUDING FORKS, TECHNICAL NODE ISSUES, OR ANY OTHER ISSUES HAVING FUND LOSSES AS A RESULT.
A. YOU UNDERSTAND AND AGREE THAT WE, OUR SUBSIDIARIES, AFFILIATES, AND LICENSORS WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES WHICH YOU MAY INCUR, HOWSOEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF PROFITS (WHETHER INCURRED DIRECTLY OR INDIRECTLY), LOSS OF GOODWILL OR BUSINESS REPUTATION, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR ANY OTHER INTANGIBLE LOSS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
B. YOU AGREE THAT OUR TOTAL, AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR ACCESS TO OR USE OF (OR YOUR INABILITY TO ACCESS OR USE) ANY PORTION OF THE APP, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, IS LIMITED TO THE GREATER OF (A) THE AMOUNTS YOU ACTUALLY PAID US UNDER THESE TERMS IN THE 12 MONTH PERIOD PRECEDING THE DATE THE CLAIM AROSE, OR (B) $100.
C. YOU ACKNOWLEDGE AND AGREE THAT WE HAVE MADE THE APP AVAILABLE TO YOU AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN, WHICH REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN THE PARTIES AND FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN US. WE WOULD NOT BE ABLE TO PROVIDE THE APP TO YOU WITHOUT THESE LIMITATIONS.
D. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND SOME JURISDICTIONS ALSO LIMIT DISCLAIMERS OR LIMITATIONS OF LIABILITY FOR PERSONAL INJURY FROM CONSUMER PRODUCTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO PERSONAL INJURY CLAIMS.
You accept and acknowledge each of the following:
A. The prices of blockchain assets are extremely volatile. Fluctuations in the price of other digital assets could materially and adversely affect the value of your Digital Collectibles, which may also be subject to significant price volatility. We cannot guarantee that any purchasers of Digital Collectibles will not lose money.
B. You are solely responsible for determining what, if any, taxes apply to your Digital Collectible-related transactions. EX is not responsible for determining the taxes that apply to your transactions on the App, the Site, or the Smart Contracts.
C. The App does not store, send, or receive Digital Collectibles. This is because Digital Collectibles exist only by virtue of the ownership record maintained on the App’s supporting blockchain in the Ethereum network. Any transfer of Digital Collectibles occurs within the supporting blockchain in the Ethereum network, and not on the App.
D. There are risks associated with using an Internet-based currency, including, but not limited to, the risk of hardware, software and Internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to information stored within your wallet. You accept and acknowledge that EXr will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the Ethereum network, however caused.
E. A lack of use or public interest in the creation and development of distributed ecosystems could negatively impact the development of the Digital Collectible ecosystem, and therefore the potential utility or value of Digital Collectibles.
F. The regulatory regime governing blockchain technologies, cryptocurrencies, and tokens is uncertain, and new regulations or policies may materially adversely affect the development of the Digital Collectibles ecosystem, and therefore the potential utility or value of Digital Collectibles.
G. Upgrades by Ethereum to the Ethereum platform, a hard fork in the Ethereum platform, or a change in how transactions are confirmed on the Ethereum platform may have unintended, adverse effects on all blockchains using the ERC-20 standard, including the Digital Collectibles ecosystem.
You agree to hold harmless and indemnify EX and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners from and against any claim, liability, loss, damage (actual and consequential) of any kind or nature, suit, judgment, litigation cost, and attorneys' fees arising out of or in any way related to (i) your breach of these Terms, (ii) your misuse of the App, or (iii) your violation of applicable laws, rules or regulations in connection with your access to or use of the App. You agree that Dapper will have control of the defense or settlement of any such claims.
The App may include hyperlinks to other web sites or resources (collectively, “External Sites”), which are provided solely as a convenience to our users. We have no control over any External Sites. You acknowledge and agree that we are not responsible for the availability of any External Sites, and that we do not endorse any advertising, products or other materials on or made available from any External Sites. Furthermore, you acknowledge and agree that we are not liable for any loss or damage which may be incurred as a result of the availability or unavailability of the External Sites, or as a result of any reliance placed by you upon the completeness, accuracy or existence of any advertising, products or other materials on, or made available from, any External Sites.
We may make changes to the Terms from time to time. When we make changes, we will make the updated Terms available on the App and update the “Last Updated” date at the beginning of these Terms accordingly. Please check these Terms periodically for changes. Any changes to the Terms will apply on the date that they are made, and your continued access to or use of the App after the Terms have been updated will constitute your binding acceptance of the updates. If you do not agree to any revised Terms, you may not access or use the App.
We are constantly innovating the App to help provide the best possible experience. You acknowledge and agree that the form and nature of the App, and any part of it, may change from time to time without prior notice to you, and that we may add new features and change any part of the App at any time without notice.
You affirm that you are over the age of 13, as the App is not intended for children under 13. IF YOU ARE 13 OR OLDER BUT UNDER THE AGE OF 18, OR THE LEGAL AGE OF MAJORITY WHERE YOU RESIDE IF THAT JURISDICTION HAS AN OLDER AGE OF MAJORITY, THEN YOU AGREE TO REVIEW THESE TERMS WITH YOUR PARENT OR GUARDIAN TO MAKE SURE THAT BOTH YOU AND YOUR PARENT OR GUARDIAN UNDERSTAND AND AGREE TO THESE TERMS. YOU AGREE TO HAVE YOUR PARENT OR GUARDIAN REVIEW AND ACCEPT THESE TERMS ON YOUR BEHALF. IF YOU ARE A PARENT OR GUARDIAN AGREEING TO THE TERMS FOR THE BENEFIT OF A CHILD OVER 13, THEN YOU AGREE TO AND ACCEPT FULL RESPONSIBILITY FOR THAT CHILD'S USE OF THE APP, INCLUDING ALL FINANCIAL CHARGES AND LEGAL LIABILITY THAT HE OR SHE MAY INCUR.