- Reviewing and Accepting Terms Please read Terms carefully, as they set out your rights and responsibilities related to Actions, Assets and Services. When each Asset is sold or transacted for the first time, the agreement for sale is between the Company and the initial purchaser. If the initial purchaser decides to sell the Assets through Sites, then Sites serve only as a platform that facilitates transactions between a buyer and a seller and the Company is not a party to any agreement between such buyer and seller of Assets or between any other users. All cryptographic Assets are stored on and accessible through the Ethereum blockchain. As such, the Company does not maintain Assets on Sites and, aside from transferring control of Assets to the initial purchaser of the Assets, the Company has no control over the transfer, storage, ownership or maintenance of the Assets. When you connect your cryptocurrency wallet to Sites using a trusted service provide such as MetaMask or WalletConnect, you accept and agree to be bound and abide by Terms and all of the terms incorporated herein by reference. By agreeing to Terms, you hereby certify that you are at least 18 years of age. If you do not agree to Terms, you must not access or use the Sites. Please note that Section 13 contains an arbitration clause and class action waiver. By agreeing to Terms, you agree to resolve all disputes through binding individual arbitration, which means that you waive any right to have the dispute decided by a judge or jury, and you waive any right to participate in collective action, whether that be a class action, class arbitration, or representative action. You have the ability to opt-out of this arbitration clause by sending us notice of your intent to do so within thirty (30) days of your initial agreement to Terms. We reserve the right to change or modify Terms at any time and in our sole discretion. You agree and understand that by accessing or using Sites following any change to Terms, you are agreeing to the revised Terms and all of the terms incorporated therein by reference. Review the Terms each time you access the Sites to ensure that you understand how the Terms apply to your Actions and our Services on Sites.
- Linking Your Cryptocurrency Wallet When you link your cryptocurrency wallet, you understand and agree that you are solely responsible for maintaining the security of your wallet and your control over any wallet-related authentication credentials, private or public cryptocurrency keys, non-fungible tokens or cryptocurrencies that are stored in or are accessible through your wallet. Any unauthorized access to your cryptocurrency wallet by third parties could result in the loss or theft of Assets and/or funds held in your wallet and any associated wallets, including any linked financial information such as bank account(s) or credit card(s). We are not responsible for managing and maintaining the security of your cryptocurrency wallet nor for any unauthorized access to or use of your cryptocurrency wallet. If you notice any unauthorized or suspicious activity in your cryptocurrency wallet that seems to be related to Sites, please notify us immediately.
- Ownership Unless otherwise indicated in writing by us, Sites, all content, and all other materials contained therein, including, without limitation, our logos, and all designs, text, graphics, pictures, information, data, software, sound files, other files, and the selection and arrangement thereof (collectively, “Site Content”) are the proprietary property of Company or our affiliates, licensors, or users, as applicable. The PLAGUE logo and any Company product or service names, logos, or slogans that may appear on Sites or elsewhere are trademarks of the Company or our affiliates, and may not be copied, imitated or used, in whole or in part, without our prior written permission. You may not use any Site Content or link to Sites without our prior written permission. You may not use framing techniques to enclose any Site Content without our express written consent. In addition, the look and feel of the Site Content, including without limitation, all page headers, custom graphics, button icons, and scripts constitute the service mark, trademark, or trade dress of the PLAGUE and may not be copied, imitated, or used, in whole or in part, without our prior written permission.
- Terms of Sale By taking Actions on Sites, you are engaging in lawful and binding transactions for Assets or other Services. If you are the initial purchaser of an NFT or you are purchasing a Service, then all amounts due are to be paid to Company. If you are not the initial purchaser of an NFT, then amounts may be paid to the-then holder of the NFT. You also acknowledge and agree that Company receives 10% of every subsequent sale of an NFT (“Royalty”). For example, if you are the initial purchaser, and you sell an NFT for $100 to a subsequent purchaser, $10 will automatically be transferred to Company and you will receive $90. Company has the right collect Royalties for NFT sales in perpetuity and may use those funds in any manner Company sees fit. As such, if you sell Assets on a third-party NFT marketplace or exchange, you agree to include a statement substantially similar to the following in the description of any NFTs: “10% Royalty Applies. See Terms for details.” In addition, when you buy or sell an NFT on Sites, you agree to pay all applicable fees associated with the transaction and you authorize us to automatically charge and collect such fees from your payment. We will always display a breakdown of any transaction or other fees prior to your purchase or sale of an NFT. No refunds are permitted except with respect to any statutory warranties or guaranties that cannot be excluded or limited by law.
- Intellectual Property Other than Site Content, all other trademarks, product names, and logos on Sites are the property of their respective owners and may not be copied, imitated, or used, in whole or in part, without the permission of the applicable trademark holder. Without limiting the foregoing, if you believe that third-party material hosted on Sites infringe your copyright or trademark rights, please file a notice of infringement by contacting the Designated Copyright Agent listed below. Your notice must contain the following information as required by the Digital Millennium Copyright Act (17 U.S.C. §512) (“DMCA”): o The full name and a physical or electronic signature of the person authorized to act on behalf of the copyright owner; o Identification of the copyrighted work claimed to have been infringed. If multiple copyrighted works are covered by your notice, you may provide a representative list of the copyrighted works that you claim have been infringed; o Reasonably sufficient detail to enable us to identify and locate the copyrighted work that is claimed to be infringing (e.g. a link to the page on Sites that contains the material); o A mailing address, telephone number, and email address where we can contact you; o A statement that you have a good faith belief that the disputed use of the copyrighted work is not authorized by the copyright owner, its agent, or the law; and o A statement made by you, under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner. Please submit your notice to the Designated Agent below: Great Expectations LLC dba THE PLAGUE NFT Legal Department 1309 Coffeen Avenue STE 1200 Sheridan, WY 82801 USA firstname.lastname@example.org
Once you provide us with an adequate notice as described above, we will respond expeditiously and take whatever action, in our sole discretion, that is deemed appropriate including removal of the disputed copyrighted work from Sites. Counter-Notice: If you believe that a DMCA notice of copyright infringement has been improperly submitted against you, you may submit a counter-notice to the Designated Agent with the following information required by the DMCA: o Your physical or electronic signature; o Identification of the copyrighted work that has been removed or to which access has been disabled including a link to the page on Sites that contained the material before it was removed or disabled; o A statement under penalty of perjury that you have a good faith belief that the copyrighted work was removed or disabled as a result of mistake or misidentification; o Your name, address, e-mail address, and telephone number; and o A statement that you (i) consent to the jurisdiction of the Federal District Court in the judicial district where your address is located if the address is in the United States, or the United District Court for the Northern District of Texas (Dallas) if your address is located outside of the United States, and (ii) accept service of process from the person who provided the DMCA notice of the alleged copyright infringement. Please submit your counter-notice to the Designated Agent below: Great Expectations LLC dba THE PLAGUE NFT Legal Department 1309 Coffeen Avenue STE 1200 Sheridan, WY 82801 USA email@example.com In the event that the Company receives a counter-notice in compliance with the above requirements, we will provide the person who submitted the DMCA copyright infringement notice with a copy of the counter-notice, informing them that the Company will replace the removed material in 10 business days from the date of the counter-notice unless the Company first receives notice from the person who submitted the DMCA copyright infringement notice that they have filed an action seeking a court order to restrain the allegedly infringing activity. PLEASE NOTE THAT THE PLAGUE NFT INTENDS TO COMPLY WITH ALL PROVISIONS OF THE DIGITAL MILLENNIUM COPYRIGHT ACT, BUT WILL NOT UNILATERALLY TAKE RESPONSIBILITY FOR POLICING AND REMOVING MATERIAL THOUGHT TO BE INFRINGING. Limited Site License. We hereby grant you a limited, non-exclusive, non-transferable, revocable license to access and the Site Content. In return, you agree not to engage, or assist, in any activity that violates any law, statute, ordinance, regulation, or sanctions program, including but not limited to the U.S. Department of Treasury’s Office of Foreign Assets Control (“OFAC”), or that involves proceeds of any unlawful activity; not to engage in any other activity or behavior that poses a threat to Company, e.g., by distributing a virus or other harmful code, or through unauthorized access to Sites or other users’ cryptocurrency wallets and not to interfere with other users’ access to or use of the Services. You also agree not to (1) distribute, publish, broadcast, reproduce, copy, retransmit, or publicly display any Site Content; (2) modify or create derivative works from the Site Content, or any portion thereof; (3) use any data mining, robots, or similar data gathering or extraction methods on the Site Content; (4) download any portion of the Site Content, other than for purposes of page caching, except as expressly permitted by us. Limited NFT License. With respect to the NFTs, each purchaser of an NFT is granted an exclusive, limited license to such NFT and its content to access, use, or store such NFT and its content solely for their personal, non-commercial purposes. NFTs are a limited-edition digital creation based upon content that may be trademarked and/or copyrighted by Company. Unless otherwise specified, your purchase of an NFT does not give you the right to publicly display, perform, distribute, sell or otherwise reproduce the NFT or its content for any commercial purpose, without Company’s written consent which shall not unreasonably be withheld. You further agree that you are not receiving any copyright interest in the NFT or its content, and indeed, you agree that Company may sell, license, modify, display, broadcast and create derivative works based upon your NFT or its content. Any unauthorized commercial exploitation of the NFT could subject you to claims of copyright infringement. If you sell an NFT through Sites, you agree that you will not have any claims against us for any breach of Terms by a purchaser. If you purchase an NFT on the Site, you hereby agree to hold us and the seller of such NFT harmless from and against any and all violations or breaches of Terms. If you are unsure whether a contemplated use of the Site Content or an NFT and its content would violate Terms, please contact us at firstname.lastname@example.org
- Taxes: We are not responsible for determining the withholding, sales, use, value added, transfer or other taxes, together with any interest and penalties imposed with respect thereto (“Taxes”), that may apply to transactions on Sites. You agree that you are solely responsible for determining what, if any, Taxes apply to your transactions and to withhold, collect, report and remit the correct amounts of Taxes to the appropriate taxing authorities. Unless otherwise indicated on an applicable invoice, amounts due on this Site are exclusive of sale, use, value added or similar Taxes (“Sales Taxes”). This means that Sales Taxes become your sole responsibility. Upon our request, you agree to promptly provide a properly executed Internal Revenue Service Form W-9 or applicable Internal Revenue Service W-8 and any other tax form that is reasonably required by us so to comply with our tax reporting obligations.
- Risks You understand and agree that this brief statement summarizes risks that exist in taking Actions on Sites. The price and liquidity of blockchain assets, including Assets, are extremely volatile and may be subject to large fluctuations. Fluctuations in the price of other digital assets could materially and adversely affect Assets, which may also be subject to significant price volatility. Legislative and regulatory changes or actions at the state, federal, or international level may adversely affect the use, transfer, exchange, and value of Assets. Assets are not legal tender and are not backed by any government. Transactions in Assets may be irreversible, and, accordingly, losses due to fraudulent or accidental transactions may not be recoverable. Some transactions in Assets shall be deemed to be made when recorded on a public ledger, which is not necessarily the date or time that you initiated the transaction. The value of Assets may be derived from the continued willingness of market participants to exchange fiat currency or digital assets for Assets, which may result in the potential for permanent and total loss of value of a particular Asset should the market for that Asset disappear. You understand and agree that you are solely responsible for determining the nature, potential value, suitability, and appropriateness of these risks for yourself, and that we do not give advice or recommendations regarding Assets, including the suitability and appropriateness of, and investment strategies for, Assets. You understand and agree that we will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when taking Actions and using Assets, however caused. You understand and agree that taking Actions on Sites is at your own risk. This brief statement does not disclose all of the risks associated with Assets and other digital assets. Schedule 1 includes restatements and/or additional risks associated with Assets and other digital assets.
- Disclaimers EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY COMPANY, SITES AND ANY CONTENT CONTAINED THEREIN, AND ANY AND ALL RELATED ASSETS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. COMPANY (AND ITS SUPPLIERS) MAKE NO WARRANTY THAT SITES WILL (1) MEET YOUR REQUIREMENTS; (2) BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (3) BE ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE. WE WILL NOT BE LIABLE FOR ANY LOSS OF ANY KIND FROM ANY ACTION TAKEN OR TAKEN IN RELIANCE ON MATERIAL OR INFORMATION, CONTAINED ON SITES. COMPANY DOES NOT REPRESENT OR WARRANT THAT SITE CONTENT IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. WHILE WE ATTEMPT TO MAKE YOUR ACCESS TO AND USE OF SITES AND SITE CONTENT SAFE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT SITES, SITE CONTENT OR ANY RELATED ASSETS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE CANNOT GUARANTEE THE SECURITY OF ANY DATA THAT YOU DISCLOSE ONLINE. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND WILL NOT HOLD US RESPONSIBLE FOR ANY BREACH OF SECURITY UNLESS IT IS DUE TO OUR GROSS NEGLIGENCE. WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS AND TAKE NO RESPONSIBILITY FOR, AND WILL NOT BE LIABLE TO YOU FOR, ANY USE OF NFTS INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (A) USER ERROR SUCH AS FORGOTTEN PASSWORDS, INCORRECTLY CONSTRUCTED TRANSACTIONS, OR MISTYPED ADDRESSES; (B) SERVER FAILURE OR DATA LOSS; (C) CORRUPTED WALLET FILES; (D) UNAUTHORIZED ACCESS TO APPLICATIONS; (E) ANY UNAUTHORIZED THIRD PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION THE USE OF VIRUSES, PHISHING, BRUTE FORCING OR OTHER MEANS OF ATTACK AGAINST SITES OR ASSETS. ASSETS ARE INTANGIBLE DIGITAL ASSETS. THEY EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED IN THE ETHEREUM NETWORK. ANY TRANSFER OF TITLE THAT MIGHT OCCUR IN ANY UNIQUE DIGITAL ASSET OCCURS ON THE DECENTRALIZED LEDGER WITHIN THE ETHEREUM PLATFORM. WE DO NOT GUARANTEE THAT COMPANY OR ANY COMPANY PARTY CAN EFFECT THE TRANSFER OF TITLE OR RIGHT IN ANY ASSET. We are not responsible for sustained casualties due to vulnerability or any kind of failure, abnormal behavior of software (e.g., wallet, smart contract), blockchains or any other features of the Assets. Company is not responsible for casualties due to late report by developers or representatives (or no report at all) of any issues with the blockchain supporting Assets including forks, technical node issues or any other issues having fund losses as a result. Nothing in Terms shall exclude or limit liability of either party for fraud, death or bodily injury caused by negligence, violation of laws, or any other activity that cannot be limited or excluded by legitimate means. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN CONTRACTS WITH CONSUMERS, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
- Limitation of Liability TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL COMPANY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM TERMS, SITES, SITE CONTENT, THE SERVICES OR THIRD PARTY SITES AND PRODUCTS, OR FOR ANY DAMAGES RELATED TO LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE AND EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, SITES, SITE CONTENT, THE SERVICES OR THIRD PARTY SITES AND PRODUCTS ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA RESULTING THEREFROM. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF COMPANY ARISING OUT OF OR IN ANY WAY RELATED TO TERMS, THE ACCESS TO AND USE OF SITES, SITE CONTENT, ASSETS, OR ANY SERVICES PURCHASED ON SITES EXCEED THE GREATER OF (A) $100 OR (B) THE AMOUNT YOU HAVE PAID TO COMPANY FOR THE SERVICES IN THE LAST TWELVE MONTHS OUT OF WHICH LIABILITY AROSE.
- Indemnification To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless Company, and our respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively, “Company Parties”), from and against all actual or alleged third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys’ fees and expenses) and costs (including, without limitation, court costs, costs of settlement and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of Sites, Site Content, or Assets, (c) your violation of Terms, (c) your violation of the rights of a third party, including another user and (e) your failure to pay any Taxes or Sales Taxes in connection with your transactions on Sites or to provide us with a properly executed tax form described in Section 6. You agree to promptly notify us of any third party Claims and cooperate with Company Parties in defending such Claims. You further agree that Company Parties shall have control of the defense or settlement of any third party Claims. THIS INDEMNITY IS IN ADDITION TO, AND NOT IN LIEU OF, ANY OTHER INDEMNITIES SET FORTH IN A WRITTEN AGREEMENT BETWEEN YOU AND US.
- Disputes and Arbitration Agreement Carefully read the
following arbitration agreement ("Arbitration Agreement"). It
requires you to arbitrate disputes with Company, and limits
the manner in which you can seek relief from us. Applicability
of Arbitration Agreement. You agree that any dispute or claim
relating in any way to your Actions and/or access or use of
Sites, to any Services sold or distributed through Sites,
including Assets, or to any aspect of your relationship with
Company will be resolved by binding arbitration, rather than
in court, except that (1) you may assert claims in small
claims court if your claims qualify; and (2) you or Company
may seek equitable relief in court for infringement or other
misuse of intellectual property rights (such as trademarks,
trade dress, domain names, trade secrets, copyrights, and
Arbitration Rules and Forum. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent listed in Section 5. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other claims shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. If the arbitrator finds that you cannot afford to pay JAMS’s filing, administrative, hearing and/or other fees and cannot obtain a waiver from JAMS, Company will pay them for you. You may choose to have the arbitration conducted by telephone or video conference or based on written submissions, or you may request to meet in-person for arbitration in the State of Texas. You agree that any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Authority of Arbitrator. The arbitrator shall have exclusive authority to (a) determine the scope and enforceability of this Arbitration Agreement and (b) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and Company. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and the Agreement (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us. And you agree that to the extent monetary or non-monetary remedy or relief is granted, such request for relief may be enforced as needed by any court of competent jurisdiction.
Waiver of Jury Trial. YOU AND THE PLAGUE NFT HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Company are instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as otherwise indicated in this Section 13. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Arbitration Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
Waiver of Class or Other Non-Individualized Relief. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A OR COLLECTIVE CLASS BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If a decision is issued stating that applicable law precludes enforcement of any part of this subsection’s limitations as to a given claim for relief, then that claim must be severed from the arbitration and brought in the state or federal courts located in the State of Texas. All other claims shall be arbitrated.
30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement and any changes or modifications thereto by sending written notice of your decision to opt out to the address listed in Section 5, within 30 days after first becoming subject to this Arbitration Agreement or any modifications thereto. You may also submit your decision to email@example.com. Your notice must include your name and address, the cryptocurrency wallet address you used to transact on Sites (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
- Severability. Except as provided herein, if any part or parts of Terms or Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of Terms or Arbitration Agreement shall continue in full force and effect.
- Modifications You agree and understand that we may modify part or all of Terms, Arbitration Agreement, Sites, Assets or the Services without notice, and that we may update Terms and any other document incorporated by reference therein at any time.
- Survival of Agreement. Applicable Terms and Arbitration Agreement will survive the termination of your relationship with Company.
- Risk of Fluctuation in Distribution: The value of Assets constantly fluctuates. Prices may increase or decrease between the time of your initial Actions and the receipt of Assets, at which time a particular transaction occurs. Accordingly, your resulting distribution of Assets may be lower or higher than you had expected it to be when you took initial Actions.
- Risk of Losing Access to Assets Due to Wallet Incompatibility: A valid Ethereum address from a $ETH compatible wallet is required to receive your Assets because your Assets will be delivered to this address. Non- $ETH compatible wallet addresses will not be accepted. In addition, the Ethereum address used must not be associated with a third-party exchange or service that has custody over the private key. You must own the private key if your address is an exchange address.
- Risks Associated with the Ethereum Protocol: Assets and Sites are based on the Ethereum protocol. As such, any malfunction, unintended function, unexpected functioning of or attack on the Ethereum protocol may cause Assets of Sites to malfunction or function in an unexpected or unintended manner. $ETH, the native unit of account of the Ethereum protocol, may itself lose value in ways similar to Assets, and also other ways.
- Risks Associated with Purchaser Credentials: Any third party that gains access to or learns of your wallet login credentials or private keys may be able to dispose of your Assets. To minimize this risk, you should guard against unauthorized access to your electronic devices. Best practices dictate that you safely store private keys in one or more backup locations geographically separated from the working location. In addition, you are responsible for giving us and/or using the correct address with respect to your Assets. If you give us or use an incorrect address in which to send Assets, we are not responsible for any loss of Assets that may occur.
- Risk of Unfavorable Regulatory Action in One or More Jurisdictions: Blockchain technologies and token sales have been the subject of scrutiny by various regulatory bodies around the world. The functioning of Sites and Assets could be impacted by one or more regulatory inquiries or actions, including the licensing of or restrictions on the use, sale, or possession of digital tokens like Assets, which could impede, limit or end the continued development of Sites and/or the PLAGUE ecosystem, and increase legal costs.
- Risk of Alternative, Unofficial Network: Following Asset distribution(s) and the continued development of the initial version of Sites and/or the PLAGUE ecosystem, it is possible that alternative applications could be established, which use the same open source code and protocol underlying Sites and/or the PLAGUE ecosystem. The official Sites and/or the PLAGUE ecosystem may compete with these alternative, unofficial crypto-based applications, which could potentially negatively impact Sites and/or the PLAGUE ecosystem and Assets, including the utility of Assets.
- Risk of Insufficient Interest in Assets, Sites and/or the PLAGUE Ecosystem: It is possible that Assets, Sites and/or the PLAGUE ecosystem will not be used by a large number of businesses, individuals, and other organizations and that there will be limited public interest in the creation and development of distributed applications. Such a lack of interest could negatively impact Assets, Sites and/or the PLAGUE ecosystem.
- Risk that Assets, Sites and/or the PLAGUE Ecosystem, As Developed, Will Not Meet the Expectations of Company or the Purchaser: Assets, Sites and/or the PLAGUE ecosystem are presently under continued development and may undergo significant changes over time. Moreover, we have no control over how other participants will use Assets, Sites and/or the PLAGUE ecosystem, what products or services will be offered through Sites and/or the PLAGUE ecosystem by third parties, or how third-party products and services will utilize Assets (if at all). This could create the risk that Assets, Sites and/or the PLAGUE ecosystem, as further developed and maintained, may not meet your expectations at the time of initial Actions, for any number of reasons including mistaken assumptions or analysis, a change in the design and implementation plans, and execution of Assets, Sites and/or the PLAGUE ecosystem. Furthermore, despite our good faith efforts to develop, complete, and participate in Assets, Sites and/or the PLAGUE ecosystem, it is still possible that Assets, Sites and/or the PLAGUE ecosystem will experience malfunctions or otherwise fail to be adequately developed or maintained, which may negatively impact Assets, Sites and/or the PLAGUE ecosystem, which may become useless due to technical, commercial, regulatory or any other reasons.
- Risk of Unfavorable Fluctuation of $ETH and Other Currency Value: Company intends to use the income generated from Actions related to Assets, Sites and/or the PLAGUE ecosystem, to fund the maintenance and continued development of thereof, as described further in White Paper. Such income will be denominated in $ETH, and will be converted into other cryptographic and fiat currencies. If the value of $ETH or other currencies fluctuates unfavorably during or after your Actions, Company team may not be able to fund continued development, or may not be able to develop or maintain Assets, Sites and/or the PLAGUE ecosystem in the manner that it intended.
- Risks from Taxation: The tax characterization of Assets is uncertain. You must seek your own tax advice in connection with Assets, which may result in adverse tax consequences to you, including withholding taxes, income taxes, and tax reporting requirements.
- Risk of Theft and Hacking: Hackers or other groups or organizations or countries may attempt to interfere with Assets, Sites and/or the PLAGUE ecosystem or the availability thereof in any number of ways, including service attacks, Sybil attacks, spoofing, smurfing malware attacks, or consensus based attacks, or phishing, or other novel methods that may or may not be known to steal Assets.
- Risk of Security Weaknesses in Assets, Sites and/or the PLAGUE ecosystem Core Infrastructure Software: Assets, Sites and/or the PLAGUE ecosystem consists of open source software that is based on other open source software. There is a risk that Company team or other third parties may intentionally or unintentionally introduce weaknesses or bugs into the core infrastructural elements of Assets, Sites and/or the PLAGUE ecosystem interfering with the use or causing the loss thereof.
- Risk of Weaknesses or Exploitable Breakthroughs in the Field of Cryptography: Advances in cryptography, or technical advances such as the development of quantum computers, could present risks to cryptocurrencies and Assets, Sites and/or the PLAGUE ecosystem, which could result in the theft or loss of Assets.
- Risk of Asset Mining Attacks: As with other decentralized cryptographic tokens and cryptocurrencies, the blockchain used for Assets, Sites and/or the PLAGUE ecosystem is susceptible to mining / staking attacks, including double-spend attacks, majority mining power attacks, selfish-mining attacks, and race condition attacks. Any successful attacks present a risk to Assets, Sites and/or the PLAGUE ecosystem, and expected proper execution and sequencing of Ethereum contract computations. Despite the efforts of Company team, the risk of known or novel mining attacks exists.
- Risk of Lack of Adoption or Use of Assets, Sites and/or the PLAGUE ecosystem: While your Actions with respect to Assets should not be viewed as an investment, Assets may have value over time. That value may be limited or non-existent if Assets, Sites and/or the PLAGUE ecosystem lacks use and adoption. If this becomes the case, there may be few or no markets following the launch of Assets, Sites and/or the PLAGUE ecosystem, potentially having an adverse impact on Assets.
- Risk of an Illiquid Market for Assets: While Company is aware of many marketplaces in which Assets like $FRG may trade, there are currently no exchanges upon which Assets like $FRG does trade. If such exchanges ever list Assets like $FRG, they are relatively new and subject to poorly understood regulatory oversight. Such exchanges may, therefore, be more exposed to fraud and failure than established, regulated exchanges for other products, and such exposure may have a negative impact on Assets like $FRG.
- Risk of Uninsured Losses: Unlike bank accounts or accounts at some other financial institutions, funds held using Platform or Ethereum network are generally uninsured. In the event of any loss, there is no public insurer, such as the FDIC, or private insurer, to offer recourse to the purchaser.
- Risk of Dissolution of the Company Project: It is possible that, due to any number of reasons, including an unfavorable fluctuation in the value of Ethereum, development issues with Assets, Sites and/or the PLAGUE ecosystem, the failure of business relationships, or competing intellectual property claims, Company project may no longer be viable as a business or otherwise and may dissolve or fail to launch.
- Risks Arising from Lack of Governance Rights: Because Assets confer no governance rights of any kind with respect to Assets, Sites, the PLAGUE ecosystem and/or Company, all decisions involving Company’s products or services within Assets, Sites, the PLAGUE ecosystem and/or Company itself will be made by Company at its sole discretion, including, but not limited to, decisions to discontinue its products or services in therein, to create and sell more Assets for use therein, or to sell or liquidate Company. These decisions could adversely affect Assets, Sites, the PLAGUE ecosystem and/or Company and the utility of any Assets you own, including their utility for obtaining Services.
- Risk of Malfunction in Platform: Assets, Sites, the PLAGUE ecosystem may malfunction in an unfavorable way and such malfunction may result in the loss of Assets.
- Risks Arising from Migration to a Native Blockchain: Company may migrate Assets, Sites, the PLAGUE ecosystem and/or Company to a different Blockchain. If Assets migrate to a different Blockchain, the replacement Assets may carry the following additional risks: 21.1. Fake Service Certificates: As the different Blockchain may currently be conceived, each caching node in Company’s Decentralized Streaming Network (“DSN”), which is also in development, may receive service certificates generated by downstream nodes. There will be a risk that a hacker may create fake service certificates. 21.2. Service Certificate Withholding Attack: A malicious caching node may prioritize mining replacement Assets over accepting service requests from viewers. However, this risk may be tempered by the incentives that are expected to be built into the DSN with the Reputation Score feature. 21.3. Caching Node & Mining Risk. It’s possible that hackers may be able to mine more or less tokens than we anticipate in the different Blockchain, since all of our caching nodes also serve as mining nodes. It’s also possible that certain malicious actors may be able to collude to get an advantage in mining the replacement Assets. If certain malicious actors are able to control a majority of the mining power in the different Blockchain, there are additional risks related to the replacement Assets, such as double-spending, etc.
- Unanticipated Risks: Cryptographic tokens are a new and untested technology. In addition to the risks discussed in White Paper and Terms, there are risks that Company team cannot anticipate. Further risks may materialize as unanticipated combinations or variations of the discussed risks or the emergence of new risks.