ExoPlanets Terms And Conditions
ExoPlanets (the “Company”, “we” or “us’) welcomes you to its pre-sale of ExoPlanets designed to run on the Ethereum network using specially-developed smart contracts (a “Smart Contract” and an “Exoplanet” respectively). Purchasing an Exoplanet will enable you to own, empower, play with and sell your Exoplanet and to interact with other Exoplanet owners on the Exoplanet space exploration crypto gaming platform being created by the Company (the “Platform”). The ExoPlanets, the Smart Contracts and the Platform are collectively referred to in these Terms as the “Game”. When the Game is launched, you will be able to view your Exoplanet and use Smart Contracts to own, empower play with and sell your Exoplanet and interact with other Exoplanet owners. Before you purchase an Exoplanet, you will need to agree to these Pre-Sale Terms and any terms and conditions incorporated herein by reference (collectively, these “Terms”).
PLEASE READ THESE TERMS CAREFULLY BEFORE PURCHASING AN EXOPLANET. THESE TERMS GOVERN YOUR PURCHASE OF THE EXOPLANET. NOTE THAT USE OF THE EXOPLANET, THE SMART CONTRACTS, AND THE PLATFORM IS GOVERNED BY ALL OF THE AGREEMENTS POSTED ON OUR WEBSITE AT ExoPlanets.io (“SITE”) AND YOUR PURCHASE AND USE OF THE EXOPLANET WILL BE GOVERNED THEREBY.
YOU MAY PURCHASE AN EXOPLANET ONLY IF YOU ACCEPT ALL OF THESE TERMS. BY PURCHASING AN EXOPLANET, OR BY CLICKING “I ACCEPT” BELOW OR INDICATING YOUR ACCEPTANCE IN AN ADJOINING BOX, YOU ARE CONFIRMING THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY ALL OF THESE TERMS. IF YOU ARE ACCEPTING THESE TERMS ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE LEGAL AUTHORITY TO ACCEPT THESE TERMS ON THAT ENTITY’S BEHALF, IN WHICH CASE “YOU” WILL MEAN THAT ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT ACCEPT ALL OF THESE TERMS, THEN WE ARE UNWILLING TO SELL YOU AN EXOPLANET. IF YOU DO NOT ACCEPT THESE TERMS IN THEIR ENTIRETY, YOU MAY NOT PURCHASE AN EXOPLANET.
- The Exoplanets
- The Exoplanets being sold in the pre-sale stage have been created using our proprietary algorithms and are listed on the Site. During the pre-sale stage, we will release 25-50 Exoplanets to the market every week and 100-200 in total. We will continue to create and list additional Exoplanets when the Game is launched. Exoplanets are available for purchase at https://ExoPlanets.io.
- Prior to purchasing an Exoplanet, you must create an account. By creating an account, you agree to provide accurate, current and complete account information about yourself, and to maintain and promptly update your account information as is necessary or required of you. You are responsible for the security of your account and any other wallets and accounts you use as part of the Game. If you become aware of any unauthorized use of your password or of your account, you agree to notify us immediately at [email protected]
- Note that we neither own nor control Metamask, the Ethereum network, or any other third party site, product, or service that you might access, or use for the purpose of purchasing the Exoplanet. 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.
- Purchase of an Exoplanet
- If you elect to purchase an Exoplanet you may do so via Metamask. Note that any such purchase is non-refundable. We have no insight into or control over any payments, nor do we have the ability to reverse any transaction. We will have no liability to you or to any third party for any claims or damages that may arise as a result of your purchase of an Exoplanet or the transaction via Metamask. Note that you may lose all of the cryptocurrency you use to purchase an Exoplanet. Do not try and purchase ExoPlanet or perform any action of the game directly via the smart contract. You may only play the game via our website. Any attempt to bypass the site or the game’s interface by interacting directly with our smart contracts may result in loss of funds and/or errors in the actions you are trying to perform.
You also understand and agree that the use of bots, scripts and other kinds of automated software are strictly forbidden and you may not use such software, in our site or in our contracts, and any such activity may get your funds lost and/or your assets removed from the game.
The developers may, from time to time, add unusable assets to the smart contracts and the blockchain, which assets will not be included in the official ExoPlanets.io site and/or game, and you will have no claim against us if you purchase such assets directly from the smart contracts.
The smart contracts are programmed to work with very accurate functions and values, as does ExoPlanets.io. Trying to manipulate the site or the smart contracts by sending inaccurate values and/or inaccurate prices may result in loss of funds.
- You hereby agree and confirm that the Exoplanet is not a security, commodity or a financial instrument of any kind. Your purchase and receipt of an Exoplanet is not protected by or subject to the protections of any laws governing securities, commodities or financial instruments of any kind. These Terms and any and all documents referred to in these Terms do not constitute a prospectus or offering document, and are not an offer to sell, nor a solicitation of an offer to buy a security, commodity or financial instrument of any kind.
- You hereby agree and confirm that you are not purchasing an Exoplanet for investment purposes or an expectation of increase in value. Exoplanets are not designed for investment purposes and should not be considered as any type of investment.
- You hereby agree and confirm that you are not acquiring an Exoplanet for purposes of investment, speculation, as some type of arbitrage strategy, for immediate resale or other financial purposes.
- Canceled purchases
User purchases may be canceled due to technical reasons or because another user completed the purchase action first.
- Acknowledgments. By purchasing an Exoplanet you understand, acknowledge and agree to the following:
- The blockchain underlying the technology required to run the Game may not be available.
- The Exoplanet may have no or little value.
- We may stop, modify or remove any part, element, characteristic or aspect of the Game prior to, during or after the launch of the Game.
- During the pre-sale stage your Exoplanet may be bought by another user with or without your consent though the Site.
- On distributed ledgers like Ethereum, timing of block production is determined by proof of work so block production can occur at random times. The blockchain may not include your transaction at the time you expect, and you may receive your Exoplanet for a price and on on conditions different from those offered at the moment of purchase.
- You are purchasing an Exoplanet and/or participating in the Game during the pre-sale phase and at your own risk.
- Representations. By purchasing an Exoplanet, you represent and warrant to the Company that:
- You are at least 18 years of age or older if the legal age and capacity to purchase an Exoplanet is higher in your domiciliary jurisdiction.
- You’re agreeing to the Terms and purchasing an Exoplanet do not require any approval or other action from any governmental authority or third party.
- You have sufficient knowledge and experience in business and commerce matters, including a sufficient understanding of blockchain, cryptographic tokens and other digital assets, smart contracts, storage mechanisms (such as digital or token wallets), blockchain-based software systems and/or blockchain technology, to be able to evaluate the risks and merits of purchasing an Exoplanet, including but not limited to, the matters set forth in these Terms, and you are able to bear the risks thereof, including loss of any and all amounts paid, and liability o for any of your acts and omissions, including with limitation those constituting breach of these Terms, negligence, fraud or wilful misconduct. You have obtained sufficient information in order to make an informed decision to acquisition an Exoplanet.
- Any funds used by you, whether virtual currency, cryptocurrency, digital coins or fiat funds, to purchase an Exoplanet are not derived from or related to any unlawful activities, including but not limited to money laundering or terrorist financing, and you will not use the Exoplanet or any tokens obtained through the Game to finance, engage in, or otherwise support any unlawful activities.
- To the extent required by applicable law, you will comply with all anti-money laundering and counter-terrorism financing requirements.
- Upon Company’s request, you will immediately provide to the Company information and documents that the Company, in its sole discretion, deems necessary or appropriate to comply with any laws, regulations, rules or agreements, including without limitation judicial process. Such documents include, but are not limited to your passport, driver’s license, utility bills, photographs of associated individuals, government identification cards, or sworn statements. You acknowledge that the Company may refuse to distribute the Exoplanet to you until such requested information is provided.
- Assumption of Risk. You have carefully reviewed, acknowledge and accept the following risks and any other risks associated with purchasing and owning an Exoplanet, including without limitation that the Exoplanet may be worthless:
- 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 the Company will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when purchasing an Exoplanet or using the Game, however caused.
- The software and hardware, technology and technical operation of the Game are still in the development stage and there is no warranty that the development of the Game will be finalized and/or launched. The Game may be abandoned for a number of reasons, including but not limited to failure of the project, lack of interest of the industry and/or the public, lack of funding, lack of commercial success or prospects, lack of ability to obtain regulatory licenses, permits or clearances etc. You therefore understand that there is no assurance that, even if the Game is partially or fully developed and launched, you may receive any functionality through the Exoplanet and it may be or become worthless.
- Any blockchain is prone to periodic congestion during which transactions can be delayed or lost. Individuals may also intentionally spam the blockchain network in an attempt to gain an advantage in donating cryptocurrency. Block completing producers may not include your transaction when you want or even at all.
- The regulatory status of cryptographic tokens, cryptocurrency, digital assets, smart contracts and blockchain technology is unclear or unsettled in many jurisdictions. It is difficult to predict how or whether governmental authorities will regulate such technologies. It is likewise difficult to predict how or whether any governmental authority may make changes to existing laws, regulations and/or rules that will affect cryptographic tokens, digital assets, smart contracts and blockchain technology and its applications. Such changes could negatively impact the Exoplanets and/or the Game in various ways, including, for example, through a determination that Exoplanets are regulated financial instruments that require registration. The Company may cease the distribution of Exoplanets, the development of the Game or cease operations in a jurisdiction in the event that governmental actions make it unlawful or commercially undesirable to continue to do so.
- As noted above, the industry in which the Company operates is new, and may be subject to heightened oversight and scrutiny, including investigations or enforcement actions. There can be no assurance that governmental authorities will not examine the operations of the Company and/or pursue enforcement actions against Company. Such governmental activities may or may not be the result of targeting the Company in particular. All of this may subject the Company to judgments, settlements, fines or penalties, or cause Company to restructure its operations and activities or to cease offering certain products or services, all of which could harm the Company’s reputation or lead to higher operational costs, which may in turn have a material adverse effect on the value of the Exoplanet and/or the development of the Game.
- YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR PURCHASE OF AN EXOPLANET AND ACCESS TO AND USE OF THE GAME IS AT YOUR SOLE RISK, AND THAT THE EXOPLANET AND THE GAME ARE 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 EXOPLANET AND THE GAME OR ANY PART OF THEM, 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 EXOPLANET OR ACCESS TO OR USE OF THE GAME WILL MEET YOUR EXPECTATION OR REQUIREMENTS
(ii) YOUR RECEIPT AND ACCESS OF THE EXOPLANET AND YOUR ACCESS TO OR USE OF THE GAME WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR
(iii) DATA PROVIDED THROUGH THE GAME WILL BE ACCURATE
(iv) THE GAME OR ANY CONTENT, SERVICES, OR FEATURES MADE AVAILABLE ON OR THROUGH THE GAME ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS
(v) THAT ANY DATA THAT YOU DISCLOSE WHEN YOU USE THE GAME 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 GAMELY TO YOU.
- 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 PURCHASE OF A EXOPLANET THROUGH [METAMASK], 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 [METAMASK] OR THE GAME.
- Limitation of Liability
- YOU UNDERSTAND AND AGREE THAT WE, OUR SUBSIDIARIES, AFFILIATES, AND LICENSORS WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, 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.
- 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 GAME, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, IS LIMITED TO $1 (ONE US DOLLAR).
- YOU ACKNOWLEDGE AND AGREE THAT THE EXOPLANET WILL BE MADE AV AVAILABLE TO YOU 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 YOU WITH THE EXOPLANET WITHOUT THESE LIMITATIONS.
- IF THE ABOVE LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE IN ANY JURISDICTION, IT SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW IN SUCH JURISDICTION.
- Indemnification. You agree to hold harmless and indemnify the Company 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 purchase or use of an Exoplanet and/or participation in the Game; (ii) your breach or violation of these Terms, (ii) any inaccuracy in your representations or warranties, (iii) your violation of applicable laws, rules or regulations in connection with your purchase or use of an Exoplanet and/or participation in the Game, (iv) your violation of any rights of any person or entity, or (v) your negligence, unlawful or wilful misconduct in the purchase or use of Exoplanet and/or participation in the Game.
- Ownership of Company Intellectual Property; Limited Rights to Use
- You acknowledge and agree that we (or, as applicable, our licensors) own all legal right, title and interest in and to all elements of the Exoplanet and the Game, and all intellectual property rights therein. The visual interfaces, graphics (including, without limitation, all art and drawings associated with the Game), design, systems, methods, information, computer code, software, services, goodwill, code, data, and all other elements of the Exoplanets and the Game (collectively, the “Company Intellectual Property”) are owned by the Company and are protected by copyright, trade dress, patent, and trademark laws, international conventions, other relevant intellectual property and proprietary rights, and applicable laws. All Company Intellectual Property is the copyrighted property of the Company and/or its licensors, and all trademarks, service marks, and trade names contained in the Company Intellectual Property are proprietary to the Company or its licensors. Except as expressly set forth herein, your purchase of an Exoplanet does not grant you ownership of or any other rights with respect to any content, code, data, or other materials that constitute the Exoplanet or the Game. All rights in and to the Company Intellectual Property not expressly granted to you in the Terms are reserved. You understand and agree: (i) that purchasing an Exoplanet does not give you any right or license in or to the Company Intellectual Property other than those expressly contained in these Terms; and (ii) that you do not have the right to reproduce, distribute, or otherwise commercialize any elements of the Company Intellectual Property in any way.
- Any comments, suggestions or other input about the Exoplanets or the Game that you might send to us (“User Input”) will belong to us and become part of the Company Intellectual Property. We may use any User Input for any purpose we see fit and you agree that we are so free to use any and all User Input at our discretion and without any requirement or obligation to pay any compensation to you. You hereby agree that you have no rights, under law or principles of equity to or in any User Input.
- You may not, whether by yourself or through any third party: (i) copy, modify, adapt, make available (whether publicly or not), translate, reverse engineer, decompile, or disassemble an Exoplanet or part of the Game in any way; (ii) interfere with or disrupt the operation of the Exoplanet or the Game, or disobey any laws or regulations or requirements, procedures, policies, or regulations applicable to the purchase or use of the Exoplanet or the Game; (iii) interfere with or violate any third party’s purchase or use of an Exoplanet or the Game; (iv) send, upload, distribute or disseminate any unlawful, defamatory, harassing, abusive, fraudulent, obscene, or otherwise objectionable content or any content that infringes the intellectual property rights of any third party; (v) impersonate any person or entity or provide false personal information or business information, for the purpose of purchasing an Exoplanet or using the Game; (vi) engage in, promote, or encourage illegal activity (including, without limitation, money laundering); (vii) transmit or otherwise make available in connection with your purchase of an Exoplanet and/or use of the Game any virus, “worm”, “Trojan horse”, “time bomb”, “web bug”, spyware, or any other computer code, file, or program that is malicious by nature or defective, and may, or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component; (viii) use any robot, spider, site search/retrieval application, or other device to retrieve any information contained on the Game; (ix) purchase an Exoplanet or use the Game for any non-personal purpose or for unauthorized commercial use.
- Third Party Sites. The Game may include hyperlinks to third party web sites or resources (collectively, “Third Party Sites”). We have no control over any Third Party Sites. You acknowledge and agree that we are not responsible for the availability of any Third Party Sites and that we do not endorse any advertising, products or other materials on or made available from any Third Party 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 Third Party 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 Third Party Sites.
- Changes to the Terms. We may make changes to the Terms from time to time. When we make changes, we will make the updated Terms available on the Website and update the “Last Updated” date at the beginning of these Terms accordingly. You are required to 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 Game after the Terms have been updated will constitute your binding acceptance of such changes. If you do not agree to any revised Terms, you may not access or continue to use the Exoplanet or the Game.
- Dispute Resolution; Arbitration. PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT CONTAINS CERTAIN PROVISIONS, SUCH AS A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER, WHICH AFFECT YOUR LEGAL RIGHTS. THIS SECTION REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH COMPANY AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
- Except for any disputes, claims, suits, actions, causes of action, demands or proceedings (collectively, “Disputes”) in which a party seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, you and the Company (i) waive your and the Company’s respective rights to have any and all Disputes arising from or related to these Terms resolved in a court, and (ii) waive your and the Company’s respective rights to a jury trial. Instead, you and the Company will arbitrate Disputes through binding arbitration (which is the referral of a Dispute to one or more persons charged with reviewing the Dispute and making a final and binding determination to resolve it instead of having the Dispute decided by a judge or jury in court).
- Any Dispute arising out of or related to these Terms is personal to you and the Company and will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. There will be no class arbitration or arbitration in which an individual attempts to resolve a Dispute as a representative of another individual or group of individuals. Further, a Dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.
- The enforceability of this Section 13 will be both substantively and procedurally governed by and construed and enforced in accordance with the International Chamber of Commerce Rules of Arbitration, to the maximum extent permitted by applicable law.
- Any arbitration will occur in Malta. The arbitration will be conducted confidentially by a single arbitrator appointed by the Malta Chamber of Commerce in accordance with the rules of the International Chamber of Commerce Rules of Arbitration, which are hereby incorporated by reference. The courts located in Malta will have exclusive jurisdiction over any appeals and the enforcement of an arbitration decision.
- The International Chamber of Commerce Rules of Arbitration and additional information about International Chamber of Commerce are available at https://iccwbo.org/dispute-resolution-services/arbitration/rules-of-arbitration/. By agreeing to be bound by these Terms, you either (i) acknowledge and agree that you have read and understand the International Chamber of Commerce Rules of Arbitration, or (ii) waive your opportunity to read the International Chamber of Commerce Rules of Arbitration and any claim that the International Chamber of Commerce Rules of Arbitration are unfair or should not Gamely for any reason.
- Governing Law and Jurisdiction. These Terms will be governed by and construed and enforced in accordance with the laws of Malta, without regard to conflict of law rules that would cause the application of the laws of any other jurisdiction. Any Dispute between the Parties arising out of or relating to these Terms or its subject matter or formation (including non-contractual Disputes or claims) that is not subject to arbitration will be resolved exclusively in the courts of Malta.
- You may terminate these Terms at any time by cancelling your account on the Game and discontinuing your access to and use of the Exoplanet and the Game. You will not receive any refunds if you cancel your account, or otherwise terminate these Terms.
- We may in our sole discretion terminate these Terms and cancel access to the Exoplanets and the Game for any reason whatsoever and you will not be entitled to any refund of any amount you paid in connection with the Game. You agree that we will not be liable to you or to any third party for any such termination or cancellation.
- Further, you agree that we, in our sole discretion, may terminate these Terms and suspend and/or terminate your account(s), access to the Exoplanet and the Game due to any suspected breach of these Terms or any suspected fraudulent, abusive, or illegal activity on your part and you will not be entitled to any refund of any amount you paid in connection with the Game. You agree that any suspension or termination of your access to the Exoplanet or the Game 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 Exoplanet or the Game as aforesaid 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 Game 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.
- General. These Terms constitute the entire legal agreement between you and the Company, govern your purchase of an Exoplanet, and replace any prior or contemporaneous agreements between the parties related to your purchase of an Exoplanet, whether oral or written. There are no third party beneficiaries to these Terms. The parties are independent contractors, and nothing in these Terms create any agency, partnership, or joint venture. The language in these Terms will be interpreted as to its fair meaning, and not strictly for or against any party. You may not assign any or your rights or obligations under these Terms, whether by operation of law or otherwise, 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. We will not be liable for any failure or delayed performance of our obligations that result from any condition beyond our reasonable control, including, but not limited to, governmental action, acts of terrorism, earthquake, fire, flood, acts of God, labor conditions, power failures, Internet disturbances, or acts or omissions of third parties. You agree that we may provide you with notices (including, without limitation those regarding changes to these Terms) by email, regular mail, or postings on the Site. By providing us with your email address, you consent to our using the email address to send you any notices required by law in lieu of communication by postal mail.
Exoplanets (the “Company”, “we” or “us’) respects the privacy of the visitors of its Site (available at: exoplanets.io), the purchasers of the Exoplanets and the users of the Game (as defined in our Terms) (any and all of the foregoing, “Users” or “you”) and is committed to protect the information it collects and/or that is disclosed to it by Users. We believe that you have the right to know our practices regarding the information we may collect from you.
- Consent (PLEASE READ CAREFULLY!)
FOR AVOIDANCE OF DOUBT, YOU HEREBY CONSENT TO THE COLLECTION, PROCESSING, TRANSFER AND USE OF YOUR PERSONAL INFORMATION. YOU ALSO ACKNOWLEDGE AND CONFIRM THAT YOU ARE NOT REQUIRED TO PROVIDE US WITH YOUR PERSONAL INFORMATION AND THAT SUCH INFORMATION IS BEING VOLUNTARILY PROVIDED BY YOU TO US.
- Information which we may collect regarding our Users. We may collect two types of data and information from our Users:
- The first type of information is non-identifiable and anonymous information (“Non-Personal Information”). We are not aware of the identity of the User from whom we have collected the Non-Personal Information. Non-Personal Information is any unconcealed information which does not enable identification of the individual User, and which is available to us while the User is entering into and/or using the Game. Non-Personal Information which is being gathered consists of technical information, behavioral information and aggregated information, and may contain, among other things, the activity of the User on the Game, the type of operating system the User is using, the User’s ‘click-stream’ or searches on the Site, type and version of browser, keyboard language, screen resolution, type of mobile device, etc.
- The second type of information is individually identifiable information (“Personal Information”). This information may identify an individual User or may be of a private and/or sensitive nature.
- Users of the Site and/or the Game may automatically provide their IP address and/or advertiser identifier (when available on a device) mainly for enhancing the User’s experience and for geo-location and security purposes as further detailed below.
- Personal Information is collected from the details the Users provide in the registration form available on the Site (which enables the Users to open an Account), which includes, inter alia, name and email address. Additional information may be requested in the future.
- Personal Information is collected from the details the Users and visitors of the Site insert into the “message box” via the e-mail address available on the Site. Our representative may collect additional Personal Information from you.
For avoidance of doubt, any Non-Personal Information connected or linked to any Personal Information shall be considered to be Personal Information as long as such connection or linkage exists.
- Collecting Information on Our Users. There are two main methods we use:
- We collect information through your entry and use of the Game. In other words, when you are using the Game we are aware of it and may gather, collect and store the information relating to such usage.
- We collect information which you decide to provide us voluntarily. For example, we collect Personal Information when you register and open an Account. Further, we collect information regarding your crypto assets (and related financial information) when you purchase or sell an Exoplanet.
We may gather, collect and store Personal Information either independently or through the help of our authorized third-party service providers.
- Purposes of Collecting Information.
Non-Personal Information is collected in order to:
- Use it for statistical and research purposes and for customization and improvement of the Game.
- Provide and improve the Game for commercial purposes.
- Improve the quality of the Game by formulating, customizing and enhancing Users’ experience.
Personal Information is collected in order to:
- Enable the overall operation of the Game.
- Personalize a User’s experience on the Game.
- Improve the quality of the Game by formulating, customizing and enhancing the User’s experience.
- Allow us to contact Users with proposals and tailored information regarding new products, events, offers, services, features, enhancements, special offers, upgrade opportunities, and events of interest etc.
- Send push notifications to the User’s device after the User has agreed to accept push notifications from us. Users can deactivate push notification by changing their settings within the Game.
- Verify the User’s identity when he/she signs in to the Game, as well as verifying the User’s identity for the purpose of dealing with inappropriate actions of the User and/or fraudulent use of the Game.
- Be able to contact Users for the purpose of providing them with technical assistance and support.
- Determine general geo-location information (i.e., country) from which the User’s computer is connected to the Internet in order for us to know the general location of our Users as well as in order to safeguard the Game.
For avoidance of doubt, the Company may use, transfer and disclose Non-Personal Information to third parties at its own discretion.
- Right to Access, Deletion or Modification of Personal Information
If you would like to obtain confirmation as to whether or not your Personal Information is being processed, where and for what purpose, you are welcome to send us a request at [email protected]_. Further, if requested by you, we will provide you with a copy of your Personal Information, free of charge, in an electronic format.
If for any reason you wish to delete, update or modify your Personal Information, which is included in your Account or have us cease dissemination of such Personal Information or have third parties halt the processing thereof, you may do so by clicking the “Settings” option available through the Game. Note that unless you instruct us otherwise we may retain your Personal Information for as long as reasonably required for the purposes for which such Personal Information was collected, including without limitation, for future analytics and analysis, in order to comply with our legal or business requirements or obligations and to resolve disputes or to enforce our Terms, all as permitted under any applicable privacy laws.
Aggregated and/or anonymous information derived from your use of the Game may remain on our servers indefinitely.
- Minors. The Game is intended for Users over the age of eighteen (18). Therefore, the Company does not intend and does not knowingly collect Personal Information from persons under the age of eighteen (18) and does not wish to do so. We reserve the right to request proof of age at any stage so that we can verify that persons under the age of eighteen (18) are not using the Game. If we learn that we collected Personal Information from persons under the age of eighteen (18) we will delete that information as quickly as possible. Please contact us at [email protected] if you have reason to suspect that we collected Personal Information from persons under the age of eighteen (18) and we will delete that information as quickly as possible.
- Security. We take reasonable measures to maintain the security and integrity of the Game and User information and prevent unauthorized access to it or use thereof through generally accepted industry standard technologies and internal procedures. Please note, however, that there are inherent risks in transmission of information over the Internet or other methods of electronic storage and we cannot guarantee that unauthorized access or use of your Personal Information will never occur. We will endeavor to notify our Users of any breach within 72 hours of the Company’s first becoming aware of the breach.
SUBJECT TO THE FOREGOING, THE COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE FOR UNAUTHORIZED ACCESS, HACKING, OR OTHER SECURITY INTRUSIONS OR FAILURE TO STORE OR THE THEFT, DELETION, CORRUPTION, DESTRUCTION, DAMAGE, OR LOSS OF ANY DATA OR INFORMATION.
- Direct Marketing. You hereby agree that we may use the contact details you provided to us (including, without limitation, email address) for the purpose of providing you commercial and/or non-commercial materials related to our current and/or future products and services. You may withdraw your consent by sending a written notice to the Company at the email address appearing in the Site or alternatively following the instructions for removing yourself from the mailing list which are available in the message transmitted to you.
- Cookies and Other Tracking Technologies. When you access or use the Game, we or our third party service providers may use industry-wide technologies such as “cookies” or other similar technologies which store certain information on your computer or device (“Cookies”), which will allow us to enable automatic activation of certain features and make your experience much more convenient and effortless. We or our authorized third party service providers may use both session cookies (which expire once you close the Game) and persistent cookies (which stay on your system until you delete them). It is easy to disable or delete Cookies. Most browsers will allow you to erase cookies from your computer’s hard drive, block acceptance of cookies, or receive a warning before a cookie is stored. However, if you disable or erase cookies, your online experience may be limited. Cookies usually store only a Non-Personal Information, such as the web pages you have visited, the duration of your browsing, etc. The Company does not control such third party service providers.
- International Data Transfer. We transfer information collected about you, including Personal Information, to affiliated entities, or to other third party service providers across borders and from your country or jurisdiction to other countries or jurisdictions around the world (all solely for legitimate business purposes). Please note that we may transfer such information to a country and jurisdiction that does not have the same data protection laws as your jurisdiction, and you consent to such transfer of information.