Last Updated: July 25, 2018
Ethernomicon™ is a distributed DApplication that runs on the Ethereum network, which allows users to buy, trade and play with specialised crypto-assets representing collectable trading cards. This is done via a number of smart contracts which record the ownership and attributes of these cards, and which can then be visualized and interacted with on the Ethernomicon website (the "Site"). These Smart Contracts and the website are herein referred to in these Terms as the "DApp", and the collectable crypto assets as a card or cards. Using the DApp, users can view their cards and use the Smart Contracts to acquire, trade, and game with their cards, and to interact with other DApp users.
By accessing the website at https://Ethernomicon.com, you are agreeing to be bound by these terms of service, all Applicable laws and regulations, and agree that you are responsible for compliance with any Applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by Applicable copyright and trademark law. Further, you acknowledge the risks and limitation inherent in working with Ethereum block chain technology,
A. The Ethernomicon Distributed DApplication ('DApp') is a combination of a website and a number of blockchain contracts. The most convenient way to use the DApp is to download the Google Chrome web browser and the 'MetaMask' browser extension. MetaMask is an electronic wallet, which allows you to purchase and transact using Ethereum cryptocurrency.
B. Transactions that take place on the DApp are all handled by the Ethereum blockchain. When you transact on Ethereum, your Ethereum public address is publicly and permanently visible on the Ethereum blockchain. Ethernomicon has no control over these records.
C. We have no control over MetaMask, Google Chrome, or the Ethereum network, or any other third party tools or programs you might use to manage your blockchain transactions. We will not be liable for the acts or omissions of any such third parties, or for any damage that you may suffer as a result of your transactions or interactions with such third parties. You acknowledge the risks of using the Ethereum blockchain environnment, which is still developing technology.
A. The materials contained in this website are protected by Applicable copyright and trademark law. You acknowledge and agree that we or our licensors own all intellectual property rights therein, including but not limited to the artwork and drawings, computer code and text. In particular, your purchase of a card does not give you any rights to the component artwork of the card, except as detailed below.
B. You may elect to purchase one or more cards. Subject to your compliance with these terms Ethernomicon Pty Ltd grants you a worldwide, non-exclusive, non-transferable, royalty-free license to use, copy, and display the Art of your purchased cards, solely for the following purposes:
C. You agree that you may not, without Ethernomicon Pty Ltd's express prior written consent, modify the artwork of your purchased cards, and neither may you allow any third party to do so.
D. You agree that you may not without Ethernomicon Pty Ltd's express prior written consent use the artwork of your purchased cards for any commercial purposes such as advertising, endorsement, the making of videos for profit, or for any third parties commercial benefit.
E. The license granted in Section 3B DApplies only to the extent that you continue to own the Applicable card. If at any time you sell, trade, donate, give away, transfer, or otherwise dispose of your card for any reason, the license granted in Section 3B will immediately expire with respect to those cards without the requirement of notice, and you will have no further rights in or to the Art for those Kitties.
F. You may choose to submit feedback on the DApp such as comments and bug reports. 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. You hereby grant us a perpetual, irrevocable, nonexclusive, worldwide license under all rights to use your Feedback for any purpose.
G. You agree that you are responsible for your own conduct while accessing or using the DApp, and you agree to use the DApp only for purposes that are legal both in your jurisdiction and in the State of Victoria, Australia. In particular, you will not use this site to harass or defame other players, to try to subvert the security of the DApp, or for other illegal activity such as money laundering or financial fraud.
A. If you elect to purchase, trade, or play with Ethernomicon cards on the DApp, or with other users via the DApp, any financial transactions that you engage in will be conducted solely through the Ethereum network via MetaMask. 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 DApp, or using the Smart Contracts, or any other transactions that you conduct via the Ethereum network or MetaMask.
B. Ethereum requires the payment of a transaction charge known as a "Gas Fee" for every transaction that occurs on the Ethereum network. This means that you will need to pay a Gas Fee for each transaction that occurs via the DApp, such as buying or selling cards.
C. In addition to the Gas Fee, each time you utilize a Smart Contract to conduct a transaction with another user via the DApp, you authorize us to collect a commission of 3.75% of the total value of that transaction. This commission may be adjusted higher or lower from time to time, but in no case will ever exceed 5%, and you will be advised of the fee at the time of the transaction. You acknowledge and agree that the Commission will be transferred directly to us through the Ethereum network as part of your payment.
D. We note that our cards are defined on a common standard (ERC 721) that allows other parties to trade our cards. We will not collect a Commission for interactions that do not involve our DApp marketplace, and you are free to perform such transactions through third party brokers.
E. You will be solely responsible to pay any and all local 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 DApp (including, without limitation, any Taxes that may become payable as the result of your ownership, transfer, or breeding of any of your cards).
You agree that we may terminate these Terms at any time by canceling your account (if any) on the DApp and at our discretion disabling some features of your cards. You will not receive any refunds if your account is terminated under these Terms. You agree that we may terminate, at our sole discretion and for any or no reason, without notice, these Terms and suspend and/or terminate your account(s) (if any) for the DApp. If we terminate these Terms or suspend your access to or use of the DApp due to your breach of these Terms or suspected fraudulent, abusive, or illegal activity, then we may have other remedies. Sections 2.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 DAPP IS AT YOUR SOLE RISK, AND THAT THE DAPP 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 DAPP 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 DAPP WILL MEET YOUR REQUIREMENTS, (II) YOUR ACCESS TO OR USE OF THE DAPP WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (III) USAGE DATA PROVIDED THROUGH THE DAPP WILL BE ACCURATE, (III) THE DAPP OR ANY CONTENT, SERVICES, OR FEATURES MADE AVAILABLE ON OR THROUGH THE DAPP ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (IV) THAT ANY DATA THAT YOU DISCLOSE WHEN YOU USE THE DAPP 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: (A) USER ERROR, SUCH AS FORGOTTEN PASSWORDS OR INCORRECTLY CONSTRUED SMART CONTRACTS OR OTHER TRANSACTIONS; (B) SERVER FAILURE OR DATA LOSS; (C) CORRUPTED WALLET FILES; (D) 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 DApp, ETHEREUM NETWORK, OR THE METAMASK ELECTRONIC WALLET.
D. ETHERNOMICON CARDS 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. ETHERNOMICON PTY LTD IS NOT RESPONSIBLE FOR LOSSES DUE TO BLOCKCHAINS OR ANY OTHER FEATURES OF THE ETHEREUM NETWORK OR THE METAMASK 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. IN NO EVENT SHALL ETHERNOMICON PTY LTD OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES. THIS INCLUDES, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA OR PROFIT, LOSS OF GOODWILL OR REPUTATION, OR ANYOTHER 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 DAPP, 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 AUSTRALIAN.
C. YOU ACKNOWLEDGE AND AGREE THAT WE HAVE MADE THE DAPP 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 DAPP 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 both blockchain crypto-assets and crypto-currancies are extremely volatile, and can materially and adversely affect the value of your cards. We cannot guarantee that any purchasers of Etherenomicon cards will not lose money.
B. You are solely responsible for determining what, if any, taxes apply to your card-related transactions. Ethernomicon Pty Ltd is not responsible for determining the taxes that apply to any of your transactions.
C. The DApp does not directly manage cards - all card records are maintained on the Ethereum blockchain, not the DApp.
D. There are many risks associated with using Ethereum, including, but not limited to, the risk of hardware, software and Internet connections, malicious software, and your wallet being 'hacked'. You accept and acknowledge that Ethernomicon Pty Ltd will not be responsible for any of these issues.
E. Upgrades to the Ethereum platform, or a 'hard fork' in the Ethereum platform, or a change in how transactions are managed on the Ethereum platform may have unintended, adverse effects on crypto assests using the ERC-721 standard, including the Ethernomicon ecosystem.
You agree to hold harmless and indemnify Ethernomicon Pty Ltd and its officers, employees, 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 DApp, or (iii) your violation of applicable laws, rules or regulations in connection with your access to or use of the DApp. You agree that Ethernomicon Pty Ltd will have control of the defense or settlement of any such claims.
We may changes these Terms from time to time. When we make such changes, we will make the updated Terms available on the DApp and revise the "Last Updated" timestamp at the beginning of these Terms. 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 DApp 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 DApp.
We are constantly revising the DApp to help provide the best possible experience and security. You acknowledge and agree that the DApp may change from time to time without prior notice, and that we may add new features and change any part of the DApp at any time without notice.
You affirm that you are over the age of 13, as the DApp is not intended for children under 13. If you are over 13 but under the age of majority in your jurisdiction (e.g. 18) then you agree to review these terms with your parent or guardian to ensure that you and your parent or guardian understand and agree with these terms, and further that your parent or guardian assumes the liability for any breach of these terms.
A.These terms and conditions are governed by and construed in accordance with the laws of the State of Victoria, Australia and you irrevocably submit to the exclusive jurisdiction of the courts in that State.
B. The parties must endeavour to settle any dispute in connection with the contract by mediation. Such mediation is to be conducted by a mediator who is independent of the parties and Appointed by agreement of the parties or, failing agreement within 7 days of receiving any party’s notice of dispute, by a person appointed by the Chair of Resolution Institute, (ACN 008 651 232, Level 2, 13-15 Bridge Street, Sydney NSW 2000; telephone: 02 9251 3366, email: email@example.com) or the Chair’s designated representative.
C. The Ausralian Resolution Institute Mediation Rules shall apply to the mediation.
D. It is a condition precedent to the right of either party to commence arbitration or litigation other than for interlocutory relief that it has first offered to submit the dispute to mediation.
E. WITH RESPECT TO ANY DISPUTE ARISING OUT OF OR RELATED TO THESE TERMS, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THE DAPP, THE SITE, THE SMART CONTRACTS, OR ANY PRODUCTS SOLD OR DISTRIBUTED THROUGH THE DAPP, THE SITE, OR THE SMART CONTRACTS: (I) YOU HEREBY EXPRESSLY GIVE UP YOUR RIGHT TO HAVE A TRIAL BY JURY; AND (II) YOU HEREBY EXPRESSLY GIVE UP YOUR RIGHT TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS IN ANY LAWSUIT, INCLUDING BUT NOT LIMITED TO CLASS ACTION LAWSUITS INVOLVING ANY SUCH DISPUTE.
These Terms constitute the entire legal agreement between you and Ethernomicon Pty Ltd. The language in these Terms will be interpreted as to its fair meaning, and not strictly for or against any party. Your rights and/or obligations under these Terms, however derived, are not assignable without our prior written consent. We may assign our rights and obligations under these Terms in our sole discretion to an affiliate, or in connection with an acquisition, sale or merger. Should any part of these Terms be held invalid or unenforceable, that portion shall be construed consistent with Applicable law and the remaining portions will remain in full force and effect. Our failure to enforce any provision of these Terms will not be deemed a waiver of such provision, nor of the right to enforce such provision.