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MINTOPOLY! TERMS OF USE


The creators and owners of mintopoly! ("mintopoly!", "we", or "us") are making the game, website, and Ethereum-based smart contracts (collectively, the "App") available to you. Before you use the App, however, you will need to agree to these Terms of Use  (collectively, these "Terms"). PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE APP. THESE TERMS GOVERN YOUR USE OF THE APP. BY USING THE APP, YOU ARE CONFIRMING THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY ALL OF THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE APP.

GENERAL PROVISIONS

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.

GAMEPLAY RULES

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.

  1. Each individual player may have no more than one account in the App. Players with multiple accounts may have all of their accounts permanently banned from the game.
  2. Players may not use automated bots, scripts, or other non-manual means of playing the game.
  3. Games may feature rewards and prizes. Any player found to be cheating or otherwise gaining an unfair advantage – at our sole discretion – will not receive rewards.
  4. Should tokenized Mintopoly! Cards be provided as prizes during gameplay, each player may receive a maximum of one card per round. If this player is the winner of multiple cards, the additional cards will be awarded to the next most eligible player(s) at our discretion. Should players tie for a certain prize, the prize shall be awarded to the player with the highest "net worth" in that round of gameplay.
  5. Distribution of any rewards is at the sole discretion and timeframe of mintopoly! – while efforts will be made to distribute rewards in an accurate and timely manner, we reserve the right to withhold or delay rewards to any player(s) for any reason.
  6. Gameplay may be canceled, terminated, adjusted, restarted or otherwise modified at any time. In the event that gameplay is disrupted, rewards may not be provided for the disrupted game.
  7. Players may choose a username for public display. Usernames may not be unlawful, aggressive, threatening, malicious, defamatory, untruthful, obscene, vulgar, racist, xenophobic, liable to incite hatred, sexually explicit, insulting, or violent.

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

Using the App may require interaction with third-party platforms and services such as OpenSea, MetaMask, Coinbase, Google Chrome, the Ethereum network, and others – these services are neither under our control or ownership and we will not be liable for any damage that you may suffer as a result of your transactions or any other interaction with any such third parties. Use of those services is governed by their own terms of use and privacy policies.

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.

PRIVACY

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.

Our Privacy Policy describes the ways we collect, use, store and disclose your personal information. You agree to the collection, use, storage, and disclosure of your data in accordance with our Privacy Policy, which is available at https://mintopoly.io/privacy

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.

DISCLAIMERS

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.

DISPUTE RESOLUTION

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.

TERMINATION

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 mr@mintopoly.io. 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