mintopoly! owns the App. You acknowledge and agree that we (or, our licensors, as applicable) own all legal right, to all elements of the App, and all intellectual property rights therein (including, without limitation, all Art, designs, systems, methods, information, computer code, software, services, code, data, and all other elements of the App). Use of the app does not grant you ownership rights to any of the content within. YOU MAY NOT ATTEMPT TO MODIFY, DECOMPILE, DISASSEMBLE, REVERSE ENGINEER, TRANSLATE, ADAPT, REPRODUCE, DISTRIBUTE, RE-POST OR TRANSFER ANY ELEMENT OF THE APP.
We aim to continually modify and improve the App to improve user experience. You acknowledge and agree that 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.
The App includes a browser-based game which is governed by the following rules and regulations. Each "player" (defined as one individual human user) who does not abide by these rules will be permanently banned from the game.
"CHEATING" IS DEFINED AS ANY BEHAVIOR THAT WE DEEM TO BE INAPPROPRIATE OR AGAINST THE SPIRIT OF FREE AND FAIR COMPETITION. WE RESERVE THE RIGHT TO TERMINATE ANY PLAYER ACCOUNTS THAT CHEAT, VOLIATE THESE RULES, OR OTHERWISE PLAY UNFAIRLY – AT OUR SOLE DISCRETION.
MINTOPOLY CARDS AND TOKENS
Mintopoly! Cards are Ethereum-based tokens created under the ERC1155 standard. The cards are semi-fungible tokens (referred to here as "Cards"). Mintopoly! also includes a fungible ERC20 crypto (referred to here as the "Token").
When you purchase a Card or Token, you own that asset. You have the rights to hold, sell, or trade it. All transactions are controlled by the underlying smart contract on the Ethereum blockchain.
Should you choose to purchase, trade, or acquire a Card or Token directly from mintopoly! or any third party, we will have no liability to you or to any third party for any claims or damages that may arise as a result of these transactions. Additionally, Ethereum-based transactions require a "gas fee" to facilitate transactions, and these fees will be your responsibility. DUE TO THE NATURE OF BLOCKCHAIN-BASED ASSETS, ALL SALES, PURCHASES, OR TRANSFERS ARE FINAL AND NO REFUNDS WILL BE PROVIDED.
The Cards may provide unique value, boosts, or functions within the App itself. The unique properties of the card is determined by its underlying metadata. This metadata is controlled by mintopoly! and we aim to never modify this metadata once established. However, we reserve the right to modify card metadata in the event of errors or omissions.
Ownership of a specific Card does not provide ownership to the underlying intellectual property contained within the card; including, but not limited to artwork, designs, names, and logos. However, Ownership of a mintopoly card grants you a non-exclusive, non-transferable, worldwide, royalty-free license to copy and display the artwork under the following conditions: i) for personal, non-commercial use, ii) as part of a marketplace listing for the purchase or sale of the Card. All other uses of the underlying intellectual property of the Card are expressly prohibited without prior written permission.
Ownership of a Card does not provide any ownership, benefits, or control of the App, its intellectual property, or any other content or property beyond the Card itself.
In addition, the App may provide promotional gameplay cards that are not tokenized NFT cards. These non-NFT gameplay items will be distinguished by having Card ID numbers greater than 1000. Should you be provided with a promotional card, you acknowledge that it is: non-transferable, has no cash value, and may be removed from your account at any time for any reason.
THIRD PARTY SERVICES
The App may provide links to third-party 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. Additionally, 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.
CHILDREN UNDER 18
Use of the app requires 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, 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.
Use of the App requires an Ethereum address. You understand that your Ethereum public address will be made publicly visible as you use or engage in transactions on the App.
ACKNOWLEDGEMENT OF RISK
Blockchain assets carry high levels of risk, including, but not limited to, price volatility, hacks, "bugs" or errors in code, hardware or software failure, counter-party risks, and loss of account passwords. By using the App or acquiring any asset related to the App, you acknowledge that you have reviewed the potential risks associated with use. mintopoly! shall not be responsible for any risks or loss encountered in association with use of the App.
YOU UNDERSTAND AND AGREE THAT WE, AS WELL AS 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, 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.
YOU AGREE TO HOLD HARMLESS AND INDEMNIFY MINTOPOLY! AND ITS AFFILIATES, EMPLOYEES AND PARTNERS OF ANY KIND AGAINST ANY CLAIM, LIABILITY, LOSS, DAMAGE (ACTUAL AND CONSEQUENTIAL) OF ANY KIND, 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 WE WILL HAVE CONTROL OF THE DEFENSE OR SETTLEMENT OF ANY SUCH CLAIMS.
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.
WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSSES YOU INCUR AS THE RESULT OF YOUR USE OF THE ETHEREUM NETWORK, THE METAMASK ELECTRONIC WALLET, THE OPENSEA MARKETPLACE, OR ANY OTHER THIRD-PARTY SERVICES USED IN CONNECTION WITH MINTOPOLY!.
MINTOPOLY! INCLUDES DIGITAL ASSETS THAT EXIST ONLY IN 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
LIMITATION OF LIABILITY
YOU AGREE THAT OUR TOTAL, AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF THESE TERMS OR YOUR ACCESS TO OR USE OF (OR YOUR INABILITY TO USE) ANY PORTION OF THE APP IS LIMITED TO $100.
All disputes arising out of or in connection with these Terms, including without limitation your access or use of the App, the Site, or the Smart Contracts, or to any products sold or distributed through the App, will be governed by the laws of the State of California.
WITH RESPECT TO ANY DISPUTE ARISING OUT OF OR RELATED TO THESE TERMS, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THE APP, OR ANY PRODUCTS SOLD OR DISTRIBUTED THROUGH THE APP: (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.
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 may cancel and remove all data associated with it by contacting us at firstname.lastname@example.org. 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.
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.
Last Updated: June 24, 2021