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©John Orion Young LLC 2018
Terms of Service
Last Updated 03/23/18
The JOY Art Market application runs on the Ethereum network and utilizes smart contracts with individual erc721 tokens (with each being known as a “Smart Contract”) to allow users to buy and own unique, one-of-a-kind card Smart Contracts.
Throughout these Terms of Service, the Smart Contracts and the Site hosting the game will be known as the "Game".
By choosing to use the Game, users can purchase and own card Smart Contracts. John Orion Young LLC is making the Game available to you. Prior to using the Game, you must agree to these Terms of Service.
Read the following Terms of Service carefully and thoroughly prior to using the Game, purchasing Smart Contracts, or using the Site. Unless we have a separate, written agreement with you that differs from the below Terms of Service, the following Terms of Service absolutely and unequivocally govern your use of the Site, purchase of Smart Contracts, and ownership of Smart Contracts. We will only allow you to use this Site, own Smart Contracts, and/or purchase Smart Contracts if you accept all of these Terms of Service.
By using this Game, this Site, and/or these Smart Contracts, or by clicking “agree”, you confirm that you understand these Terms and accept these Terms. In the event that you are using this Site, this Game, or these Smart Contracts on behalf of another company or legal entity, you indicate that you have the legal authority to accept these Terms on the other party’s behalf, and that any mention of “you” in this contract means the other party that you represent. If you do not have the authority to represent another party, then you do not have permission to use this Game, this Site, or these Smart Contracts.
1. WE DO NOT ACCEPT DEPOSITS
Johnoriongyoung.com is a UI which allows you to interact directly with a blockcahin smart contract on the ethereum network using the “Metamask” browser extension. The website and it’s creators do not accept or hold any payments from players. Any ether transfers done over the website are transferred directly to blockchain contract address: 0x9C9BA41976498c6004dBB91769d728cAe60a637B Any Ether or fiat currency deposited into your Metamask extension is fully owned and controlled by the player. The Game does not have access to the funds deposited in your Metamask browser extension. Transfers of Ether, are passed directly from your Metamask account to a Smart Contract on the Ethereum network. Since the Game does not accept your deposits and does not have any control over it, the Game and it’s creators are not liable for any damages or loss of funds.
2. PLAY RESPONSIBLY
The Game allows you to buy and collect digital assets. There is no guarantee that other players or anyone else will buy these assets from you. While some players speculate about their ability to resell their digital assets for a higher value in the future, there is no guarantee that another person will decide to buy your digital asset. If you you choose to transfer ETH in exchange for the ERC721 referred to in the Game as “Smart Contract”, you must accept and understand the risk of potentially not being able to sell your “Smart Contract” in the future. The Game is designed for collectors who choose to pay for the ownership of a digital product referred to as a “Smart Contracts”. If you choose to speculate over the future value and liquidity of your asset, you must do so at your own risk and not hold the creators of the Game or the Smart Contract liable for any loss or damages. Play responsibly and do not spend more than you feel the digital asset is worth.
3. SMART CONTRACTS
New Card Smart Contracts will be released as we deem fit. Each Card Smart Contract may be purchased by you utilizing ether. You may purchase any Card Smart Contract you choose, and any other party may purchase a Card Smart Contract that you currently own if the other party is willing to pay a higher sum. The price of the tokens are hard coded into the Smart Contract itself and can not be changed by anyone, including the Games creators. You may not stop another party from purchasing a Card Smart Contract that you currently own, and no other third party may stop you from purchasing a Card Smart Contract that you wish to own. Whichever party is willing to pay the cost of the Card Smart Contract may own said Smart Contract after he or she completes the transaction.
4. THE GAME
Any and all transactions that take place in the Game occur via the Ethereum blockchain. You understand that by using the Game, your Ethereum public address will be made visible to other users of the Game as well as third parties each and every time you engage in a transaction on the Game. We do not own and we do not control any of the following third-party products used for the function of this Game: MetaMask, Coinbase, Google Chrome, Mozilla Firefox, or the Ethereum network. We do not own and we do not control any other third-party site, product or service that you may choose to access, visit, or use for the purpose of interacting with or using the Game. We will not be held liable, and are not liable, for the acts or omissions by any such third party, nor are we liable, or will we be held liable, for any damage that you may suffer as a result of interacting with or using any of the mentioned or unmentioned third parties. You must provide accurate and complete registration information when you create an account to utilize the Game. You are solely responsible for the safety and security of your MetaMask wallet and/or any other electronic wallet you utilize to interact with the Game. You are solely responsible for the safety and security of your account with us. If you become aware of security breach in regards to your account, you agree to notify us immediately upon discovery at [email protected]
5. FEES AND PAYMENTS
If you choose to purchase any Card Smart Contract on the Game, any and all transactions will be conducted through the Ethereum network utilizing an electronic wallet directly to a Smart Contract on the blockchain, which is not controlled by the Games creators. We will not have any insight into or control over these payments or transactions, nor will we be able to reverse any transaction that occurs. Because of this, we will have no liability to you or any other third party for any claims or damages that may occur due to any transaction that takes place on the Game and/or in regards to any of the Card Smart Contracts that we have created. The Ethereum network requires that you pay a transaction fee, commonly known as “Gas”, for every transaction that occurs on the Ethereum network. Gas is intended to fund the hardware and software that runs the Ethereum network, as well as to prevent misuse and spam. If you choose to interact with the Game via our Site or without using the Game or our Site as a portal, you will still need to pay fee for any and every transaction you make on the Ethereum network. The Smart Contract keeps a 10% commission fee on every transaction conducted through it, in addition to the Gas charged by the Ethereum network. The creators of this website and Game do not have access or control over these fees, as it is handled directly on the distributed blockcahin network. WE DO NOT ACCEPT PAYMENTS DIRECTLY ON OUR WEBSITE.
6. OWNERSHIP
By using this Game, you acknowledge and agree that we and/or our licenses own all legal rights, titles, and interests in and to any and all elements of the Game, including any and all intellectual property. This includes, but is not limited to: graphics, designs, information, systems, computer code, software, services, organization, content, compilation of content, data, design, and any and all other elements of the Game. We retain complete and full ownership of all of these elements, as well as any other element related to the Game not listed in these Terms of Service. Each and every one of these elements is owned by John Orion Young LLC, and protected by copyright, trade, dress, patent, trademark laws, international conventions, and every other applicable property and proprietary rights laws. Your use of the Game, the Site, or of any and all Card Smart Contracts does not grant you ownership of or any rights to the content, code, data, and other materials you may use and see on the Site. Although you own the Smart Contract itself, you do not own the entity name, likeness, contract design, nor any other elements. Any comments, bug reports, ideas, or any other type of feedback regarding the Game provided by you is welcome by John Orion Young LLC. However, once you willingly submit such comments, bug reports, ideas, or feedback, you agree that we are free to utilize that information and those ideas in any way we see fit without any compensation to you. We are free to disclose that information and those ideas to any third party we deem necessary. By submitting any comments, bug reports, ideas, or any other type of feedback, you grant use perpetual, irrevocable license to that content and/or ideas, and we immediately retain complete rights to that information, content, and/or ideas. By using this Game and this Site, you agree that you are completely and unequivocally responsible for your conduct during use of this Game and this Site, as well as any repercussions or consequences that occur because of said conduct. By using this Game and this Site, you agree that you will abide by the above and below Terms of Service, any and all applicable laws and regulations, and that you will only use the Game and the Site for legal and proper purposes. In addition to this, you are not allowed to, and may not permit any third party to: upload or distribute any unlawful, defamatory, abusive, fraudulent, obscene, or otherwise objectionable content; distribute viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other items of a damaging or dishonest nature; impersonate another person in any way, shape, or form; upload, post, transmit or otherwise make available through the Game any content that infringes on the intellectual proprietary rights of any party, including John Orion Young LLC, any third party associated with us, and any user of the Game or the Site; use the Game to violate the legal rights of others or to engage in, promote, or encourage any type of illegal activity; use the Game for any unauthorized commercial purpose, or modify, adapt, translate, or reverse engineer any portion of the Game for any personal or commercial purposes; reformat or frame any portion of the Game, including remove any copyright, trademark or other proprietary rights notices contained in or on the Game; display any content on the Game that contains any hate-related or violent content; use any robot, spider, or other device or program to compile or index any portion of the Game or the content posted on the Game, or to collect information about its users for any purpose; create user accounts by automated means or under false or fraudulent pretenses; access or use the Game for the purpose of creating a product or service that is competitive with any of our products or services.
7. DISCLAIMER AND WARRANTIES
By using this Game, you understand and agree that your access to and use of this Game is at your own risk. You acknowledge and accept that this Game is provided on an As-Is and As-Available basis, and that we make no express or implied warranty regarding this Game or access to this Game. We, and any party associated with us, make no warranty and disclaim any and all implied warranties regarding the Game, including the Site and Smart Contracts. This includes any implied warranty regarding product value, fitness for a specific purpose, non-infringement, correctness, and/or reliability. Neither us nor any of our subsidiaries or affiliates guarantee or warrant that your access or use of the Game will meet your requirements and/or expectations; your access to the Game or Site will be uninterrupted, free from error, or secure; or, that any data represented in the content, services, or features are accurate and/or free of viruses or other harmful content or components.
8.LIMITATION OF LIABILITY
By using this Game and this Site, you understand and agree that neither we nor any of our subsidiaries or affiliates are liable to you or any other third party for any indirect, incidental, consequential, or exemplary damages that you may incur, no matter how those damages occurred. We and our subsidiaries and affiliates are also not responsible for any financial loss, loss of goodwill, loss of business reputation, loss of personal reputation, cost of purchasing any substitute goods or services, or any and all other potential intangible losses, even if we had previous knowledge that there was a risk of damages and/or losses. By using this Game and this Site, you agree that our total liability to you for any and all claims arising out of or relating to these Terms or your access to or use of this Game or this Site is limited to the sum of $100 USD. By using this Game and this Site, you understand and agree that we have made this Game available to you and entered into these Terms with you as a way to provide the Game to you. These limitations of liability outlined in these Terms reflect a reasonable and fair allocation of risk between us and you.
9. INDEMNIFICATION
By using this Game and this Site, you agree to hold John Orion Young LLC harmless and to indemnify us and any of our subsidiaries and affiliates, as well as any of our officers, agents, employees, advertisers, suppliers, or licensors, from and against any claim, liability, loss, actual damage, and consequential damage of any kind or nature, including suits, judgements, litigation costs, and attorneys’ fees that occur or arise due to your breach of these Terms and/or your violation of any applicable laws, rules, and regulations.
10. EXTERNAL SITES
In some cases, this Game and this Site may contain hyperlinks to other websites and/or resources as a convenience to you and our other users. We have no control over the safety of or content found on these sites. You acknowledge and agree that we are not responsible for the availability of any links to external sites, and that we do not endorse the advertisements on the sites, the products or services made available on those sites, or any other materials found on those sites. You acknowledge and agree that we are not liable for any loss or damage that may be incurred by you or any third party as the result of the availability or lack of availability of these sites, including any reliance placed by you upon the need for those sites and/or for those sites’ completeness and/or accuracy.
11. CHANGES TO THESE TERMS OF SERVICE
As we deem necessary, we may make changes to these Terms. When we make these changes, the updated Terms will be available on the Game and on the Site and feature a “Last Updated” date. It is your responsibility to check these Terms periodically for any changes. Your continued access to the Game and the Site will constitute your binding acceptance of the updates. Any and all changes made are applicable on the date that they are made.
12. CHANGES TO THE GAME
We are always working toward improving and expanding the Game in order to provide you and our other users with the best, most robust experience. By using the Game and the Site, you understand and agree that any part of this Game or this Site may change at any time without any prior notice to you. We can and will add new features and alter aspects of the Game or the Site at any time without notice.
13. CHILDREN
By using this Game and this Site, you affirm that you are over the age of 18. This Game and this Site are not intended for use by any child under the age of 18.
14. GENERAL
These Terms in their entirety constitute the legal agreement between you and John Orion Young LLC, and govern your access to and use of the Game and the Site. They replace any prior agreements between the parties related to your access to or use of the Game or the Site, whether oral or written. There are no third-party beneficiaries to these terms; any third party is an independent contractor, and these Terms do not form any agency, partnership, or joint venture. You understand and agree that the language in these terms should and will be interpreted as to its fair meaning, and not strictly for or against any party. You may not assign any of your rights or obligations under these Terms without prior written consent from us. However, we may assign our rights and obligations under these Terms to an affiliate or in connection with an acquisition, sale, or merger at our sole discretion. In the event that any part of these Terms be deemed invalid or unenforceable by proper legal authorities, that portion will be struck while the remaining portions remain in full force and effect. Any potential failure on our part to enforce these Terms is not and will not be deemed a waiver of these Terms, in part or in whole. Any legal action or proceeding arising under these Terms will be handled by the courts in the United States, and the parties irrevocably consent to the personal jurisdiction and venue there. Finally, we are not liable and will not be held liable for any failure or delay in performance of our obligation under these Terms that result from any condition beyond our control. This includes government action, acts of terrorism, earthquakes, floods, fire, power failures, internet disturbances, or acts of omission by any third party. You agree that we may provide you with a notice of any changes to these Terms by email, regular mail, or by posting on the Game or the Site. By providing us with your email address, you consent to forgo receiving any notices via postal mail.