Terms of Service

Axie Merch Store Terms of Use

Last Updated: November 7, 2023

INTRODUCTION

These Axie Merch Store Terms of Use, together with any supplemental terms and policies incorporated herein, constitute a legally binding agreement (collectively, the “Terms of Use” or “Terms” or “Agreement”) made between you, whether personally or on behalf of an entity (“you”) and Sky Mavis Pte. Ltd. (“Sky Mavis”, “we”, “use”, or “our”) concerning your access to and use of https://merch.axieinfinity.com (together with all subdomains, the “Site”) and other related products and services (such products and services together with the Site, collectively the “Services”).

The Services are not intended for distribution to any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or which would subject us to any registration requirement or other regulation within such jurisdiction or country. Accordingly, you are solely responsible for compliance with all applicable laws when you access and/or use the Services.

The Services are intended for users who are at least 18 years old (or the age of legal majority where you live). If you are under 18 years of age (or the age of legal majority where you live), you may use our Services only under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian of a user who is under 18 years old (or the age of legal majority), you agree to be fully responsible for the acts or omissions of such user in relation to our Services.

THE SERVICES INCLUDE OUR AXIE MERCHANDISE STORE (“MERCH STORE”) WHICH ALLOWS USERS TO PURCHASE OFFICIAL AXIE BRAND MERCHANDISE THROUGH FIAT CURRENCY OR DIGITAL ASSETS. YOU BEAR FULL RESPONSIBILITY FOR VERIFYING THE IDENTITY, LEGITIMACY, AND AUTHENTICITY OF DIGITAL ASSETS THAT YOU MAY USE FOR YOUR PURCHASES. WE ARE NOT A DIGITAL WALLET PROVIDER, BROKER, DEALER, FINANCIAL INSTITUTION, EXCHANGE, PAYMENT PROCESSOR, MONEY SERVICES BUSINESS, OR CREDITOR.

PLEASE BE AWARE THAT SECTION 13 CONTAINS PROVISIONS GOVERNING HOW TO RESOLVE DISPUTES BETWEEN YOU AND US. AMONG OTHER THINGS, SECTION 13 INCLUDES AN AGREEMENT TO ARBITRATE, WHICH REQUIRES, WITH LIMITED EXCEPTIONS, THAT ALL DISPUTES BETWEEN YOU AND US SHALL BE RESOLVED BY BINDING AND FINAL INDIVIDUAL ARBITRATION. PLEASE CAREFULLY READ SECTION 13.

PLEASE BE AWARE THAT SECTION 4 OF THESE TERMS OF USE CONTAINS YOUR OPT-IN CONSENT TO RECEIVE COMMUNICATIONS FROM US, INCLUDING VIA EMAIL, TEXT MESSAGE, CALLS AND PUSH NOTIFICATION.

WE ONLY MAKE THE SERVICES AVAILABLE TO YOU ON THE TERMS SET FORTH IN THESE TERMS OF USE. BY USING THE SERVICES OR ANY OTHER PRODUCT OR SERVICE MADE AVAILABLE BY SKY MAVIS, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO AND/OR ACCEPT THESE TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Please refer to our Privacy Policy for information about how we collect, use and share personal information about you. By submitting data through the Services, you expressly consent to the collection, use and disclosure of your personal data in accordance with the Privacy Policy.

We reserve the right to change or modify these Terms of Use at any time and in our sole discretion. If we make changes to these Terms, we may provide notice of such changes, for example by sending an email notification (if we have a valid email for you), providing notice through the Services or updating the “Last Updated” date on these Terms of Use. By continuing access or use any Services at any point after such update, you confirm your acceptance of the revised Terms of Use and all of the terms incorporated therein by reference. We encourage you to review these Terms frequently to ensure that you understand the terms and conditions that apply when you access or use the Services. If you do not agree to the revised Terms of Use, you may not access or use the Services.

MERCH STORE SERVICES

General. The Services include an online platform through which users can view and purchase official merchandise of certain brands owned by Sky Mavis, including but not limited to, clothing, plushies, figurines, and keychains (“Products”) associated with Axie Infinity. Users of the Services may be able to purchase such Products using fiat currency or digital assets, which include any digital currencies, cryptocurrencies, cryptographic tokens, virtual currencies, or digital assets of any type and kind that the platform accepts as payment for the Products (collectively, “Digital Assets”). Acceptable forms of payment for these Products may be changed at any time in our sole discretion and we reserve the right to decline orders and refuse payment at any time and for any reason. Our Merch Store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our Products and services to you. You understand and agree that by using our Services, you also acknowledge and agree that you have read, understood, and agree to any and all of Shopify Inc’s terms and conditions.

Terms of Sale. All purchases through our Site or Services or other transactions for the sale of Products or services formed through our Site or Services, or resulting from visits made by you, are governed by these Terms of Sale (“Terms of Sale”), which are an integral part of the Terms that apply generally to the use of our Site and Services. BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS SITE OR OTHERWISE THROUGH OUR SERVICES (AS DEFINED HEREIN), YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO AN AGREEMENT WITH US, ARE A LEGAL RESIDENT OF A JURISDICTION IN WHICH THE SERVICES OR SITE ARE NOT PROHIBITED, AND YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS OF SALE. BY USING THE SERVICES OR ANY OTHER PRODUCT OR SERVICE MADE AVAILABLE BY SKY MAVIS, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SALE. IF YOU DO NOT AGREE TO AND/OR ACCEPT THESE TERMS OF SALE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Order Eligibility. The Site and Services are intended for use only in jurisdictions where we can ship your purchased merchandise, and we will only accept purchase orders originating from these jurisdictions. You understand and agree that there may be restrictions or limits on where we can ship Products or services purchased from the Site or through the Services, and these may be further explained in our shipping policies. To complete your purchase, you must have a valid billing and shipping address in a jurisdiction that is not restricted or prohibited. We make no promise or assurance that Products and services available on our Site or through our Services are appropriate or available for use and/or purchase in your respective jurisdiction, and you understand and accept that you choose to access our Site at your own risk. By placing an order, you represent and warrant that the Products and/or services ordered are legal for access and/or use in your respective jurisdiction and that the Products and services will only be used in a lawful manner.
Product Availability, Display, and Specifications. With respect to Products and services available for purchase on our Site or through the Services, details of those Products and services are set out on our Site or through the Services. All features, content, specifications (including material, size and color), Products, and prices of Products and services made available on our Site or through the Services are subject to change at any time without notice. While we may attempt to ensure that information available on our Site or through the Services are complete, accurate, and up-to-date, the information on our Site or through the Services may occasionally be inaccurate, incomplete, or out-of-date. We make no representation or warranties regarding the availability, completeness, or accuracy of any information made available on our Site or through the Services. All descriptions of our Products, services, or pricing are subject to change at any time without notice at our sole discretion. Products that are indicated as available on the Site our through the Services may actually be unavailable temporarily or permanently, may have different attributes than those listed, or may actually carry a different price than the price stated on the Site or through the Services. We shall make reasonable efforts to accurately publish information and display Product images and colors on our Site and through the Services, but we make no guarantees that the color or size you see on your monitor, screen, or display will exactly match the Product’s true and actual color or size. Certain weight, measurements, and similar descriptions are approximate and are provided for informational purposes only. Packaging may also vary from what is displayed or shown. We reserve the right to discontinue any Product or service at any time. We do not warrant that the quality of any Products, services, information, or other material(s) purchased or obtained by you will meet your expectations, or that any errors with our Products, Services, or the Site will be corrected.
Exclusively Online Products or Services. Certain Products or services may be available exclusively online through the Site. These Products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
Purchase Restrictions and Quantity Limits. Unless you have entered into a separate written agreement with us, you may only purchase Products from our Site or through the Services for personal use by either yourself or your intended recipient of the Products. We reserve the right to limit the quantities of any Products or services that we offer. We may place a limit on the quantities that may be purchased for each order, Customer Account, credit card, blockchain address, person, or household or any other limitation at our sole discretion. We reserve the right to refuse access or use of our Services to any user or reject any order at any time and refund your payment for such order. Any offer for any Product or service made on this Site is void where prohibited.
Order Processing and Errors. When placing an order through our Site or Services, you understand and agree to the following: (a) you had the opportunity to review and confirm your order, including shipping address, payment method and Product and/or service details; (b) we will send you a notice when we accept your order, and our acceptance will be complete only at the time we send the notice; (c) we will arrange for shipment of the Products to you; and (d) you will pay all shipping and handling fees specified during the ordering process. Shipping and handling fees are reimbursement for the costs we incur in the processing, handling, packing, shipping, and delivery of your order. We cannot cancel or make changes to any orders after they have been placed, including making any changes to your delivery address. If you no longer wish to receive your order or part of your order, please follow our returns process after you receive your order.

You understand and agree that you will own the Products or services, which includes assuming sole title and risk of loss, on and from the latter of the point in time when: (a) we receive payment in full, or (b) we deliver the Products or services to you. You also understand and agree to any and all terms and conditions by the courier(s) who will be delivering your package. Please ensure that you carefully read and understand the terms and conditions that the respective courier(s) have regarding the delivery of your package.
We may require or you may choose to have a signature be required for any goods to be accepted at delivery, at which point responsibility for your purchased goods passes to you. If you have specified a recipient who is not you for delivery purposes (e.g. as a gift), then you understand and accept that the courier’s confirmation of delivery at your indicated delivery address is sufficient evidence of delivery and fulfillment by us, and the same respective transfer of responsibility. The risk of loss of or damage to Products or services are your responsibility from the time of delivery to the delivery address you provide. Unless otherwise specified, a signature requirement for delivery shall be waived for all orders. When placing an order, no signature requirement is generally set by default; however, you may be able to update your preference to require a signature for delivery. If no signature is required, you understand and agree that your package(s) can be left outside the premises at the delivery address you provide without obtaining a signature for proof of delivery. You further release and indemnify us from liability for any loss or damage that may result from leaving the package(s) at your delivery address without obtaining a signature.
Please note that we aim to dispatch all orders within five (5) business days from the Product being in stock. Delivery times appearing on our Site or Services are merely estimates and cannot be guaranteed. We are not responsible for any delays caused by events outside of our control, including but not limited to destination customs clearance processes. We are also not liable for any delays in shipments or any packages that you are unable to or do not receive after there is notice of successful delivery from the respective courier or deliverer.

Sweepstakes, Contests, and Giveaways. Our Site and Services may refer to sweepstakes, contests, giveaways, or similar events that offer prizes or that require for you to send in materials or information about yourself. Each of these events will have their own rules, which you must read and accept prior to entering or participating in the event.

DISCLAIMERS WITH RESPECT TO THE SERVICES. ANY INFORMATION PROVIDED BY OR ON BEHALF OF SKY MAVIS ON ANY PLATFORM OR THROUGH THE SERVICES IS FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES ONLY AND SHOULD NOT BE CONSTRUED AS, NOR IS IT INTENDED AS, AN OFFER TO SELL, OR THE SOLICITATION OF AN OFFER TO BUY, ANY INTEREST IN ANY SECURITY, ENTITY, INVESTMENT VEHICLE, OR CONTRACT, INCLUDING BUT NOT LIMITED TO, WITH RESPECT TO DIGITAL ASSETS.

Updates. You understand that the Services are evolving. As a result, we may require you to accept updates to continue to use any portion of the Services. You acknowledge and agree that may update the Services with or without notifying you. You may need to update third-party software from time to time in order to use the Services. Any future release, update, or other addition to the Services shall be subject to these Terms of Use. Sky Mavis, its suppliers and service providers reserve all rights not granted in these Terms of Use. Any unauthorized use of any Services terminates the licenses granted by us pursuant to these Terms of Use.

INTELLECTUAL PROPERTY RIGHTS

Ownership. Unless otherwise indicated in writing by us, the Site, Service and all content and other materials contained therein, including, without limitation, all characters (including but not limited to character names, catch phrases, and character likeness), dialog, story lines and lore, designs (including but not limited to structural or landscape designs), text, graphics (whether still or moving), animations, pictures, information, data, software, sound files (including but not limited to musical compositions and recordings), audiovisual effects, other files, and the selection and arrangement thereof (collectively, the “Content”), are the proprietary property of Sky Mavis or our affiliates, licensors or users, as applicable. Axie Infinity logo(s) and any Axie Infinity product, service name, logo, slogan, trademark and service mark contained therein (the “Marks”) are owned, controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of Singapore, foreign jurisdictions and international conventions. Except as expressly provided in these Terms of Use, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. Reference to any products, services, processes or other information by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by Sky Mavis.

Access to Services. Subject to your ongoing compliance with these Terms of Use and eligibility to use the Services, you are hereby granted a limited, revocable, non-exclusive, non-transferable, non-assignable, non-sublicensable, “as is” and “as available” right to access and use the Services and Content for your own personal, non-commercial use; provided, however, that (except as and solely to the extent expressly set forth herein) such right does not include any right to (i) sell, resell, or use commercially the Services or Content, (ii) distribute, publicly perform, or publicly display any Content, (iii) modify or otherwise make any derivative uses of the Services or Content, or any portion thereof, (iv) use any data mining, robots, or similar data gathering or extraction methods, (v) download (other than page caching) any portion of the Services or Content, except as expressly permitted by us, and (vi) use the Services or Content other than for their intended purposes. We reserve all rights not expressly granted hereunder in and to the Services and all components thereof, including without limitation the Site, the App, the Content, and the Marks.

Copyright Complaints. Sky Mavis will take down works in response to valid Digital Millennium Copyright Act (“DMCA”) takedown notices and applicable requirements and/or any other intellectual property infringement claims and may terminate any user’s access to the Services if the user is determined to be a repeat or malicious infringer. If you are a copyright owner or agent of the owner, and you believe that your copyright or the copyright of a person on whose behalf you are authorized to act has been infringed, please provide us notice at the email address below with the following information:

an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
a description of the copyrighted work or other intellectual property that you claim has been infringed;
a description of where the material that you claim is infringing is located on the Service;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

You may reach us at: [email protected]

Please note that we will forward your notice of intellectual property infringement, including your contact information, to the person who will have their content removed so they understand why it is no longer available on the Site or Service and can also contact you to resolve any dispute.

COMMUNICATIONS

By accessing or using the Services, you consent to receive communications from us by electronic means (e.g., via email, Discord, or by posting notices to the Services). These communications may include notices about your use of the Service (e.g., accessibility or transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we publish electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. We have no obligation to store for your later use or access any such electronic communications.

USER REGISTRATION

Creating an Account. In order to access certain features of the Services, you may be required to create an account on the Services (“Account”). In creating an Account, you agree to: (i) provide true, accurate, current, and complete information about yourself as prompted by the registration form, including contact information such as your email (the “Registration Data”); (ii) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete; (iii) consent to us using your Registration Data in any manner permitted under applicable law, including sharing it with third parties; and (iv) consent to receive electronic communications from us (e.g., via email or other means) regarding notices about your account and other promotional and marketing communications from us or third parties with whom we have shared your contact information. You represent that you are (A) at least eighteen (18) years old, or the parent or legal guardian of a user who is under 18 years old (or the age of legal majority) who agrees to be fully responsible for the acts or omissions of such user in relation to our Services; and (B) not a person barred from using the Services under the laws of your place of residence or any other applicable jurisdiction. You are responsible for all activities that occur under your Account. You are responsible for any use of any payment instrument (e.g., your digital wallet) initiated or enabled by or through your Account. You may not share your Account or password with anyone, and you agree to notify Sky Mavis immediately of any unauthorized use of your password or any other breach of security. If you provide any information (including without limitation Registration Data) that is untrue, inaccurate, not current, or incomplete, or Sky Mavis has reasonable grounds to suspect that any information you provide is untrue, inaccurate, not current, or incomplete, Sky Mavis has the right to suspend or terminate your Account and refuse any and all current or future use of the Services (or any portion thereof). You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself, except to the extent expressly permitted by us in writing. Sky Mavis reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to, claims by a third party that a username violates the third party’s rights. Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in your Account, and you further acknowledge and agree that all rights in and to your Account are and shall forever be owned by and inure to the benefit of Sky Mavis.

User Representations and Warranties. When you use the Services, you hereby represent and warrant, to and for the benefit of Sky Mavis, its affiliates, and their respective representatives, as follows:

Authority. You have all requisite capacity, power and authority to enter into, and perform your obligations under these Terms.
Accuracy of Information. All information provided by you to Sky Mavis and/or its third-party designees, including Registration Data, is accurate and complete. None of: (i) you; (ii) any of your affiliates; (iii) any other person having a beneficial interest in you; or (iv) any person for whom you are acting as agent or nominee in connection with these Terms is: (A) a country, territory, entity or individual included in any trade embargoes or economic sanctions list (such as the United Nations Security Council sanctions list or the Office of Foreign Assets Control of the U.S. Department of the Treasury list as provided at http://www.treas.gov/ofac), or a person or entity prohibited under the OFAC programs, regardless of whether or not they appear on the OFAC list, or a person or entity included in the denied persons or entity list of the U.S. Department of Commerce; or (B) a senior foreign political figure, or any immediate family member or close associate of a senior foreign political figure.
Independent Investigation and Non-Reliance. You are sophisticated, experienced and knowledgeable regarding blockchain technologies and digital assets. Additionally, you have conducted an independent investigation of the Services and the matters contemplated by these Terms, have formed your own independent judgment regarding the benefits and risks of and necessary and desirable practices regarding the foregoing, and, in making the determination to use the Services, you have relied solely on the results of such investigation and such independent judgement. Without limiting the generality of the foregoing, you understand, acknowledge and agree that the legal requirements pertaining to blockchain technologies and digital assets generally, including the Digital Assets, are uncertain, and you have conducted an independent investigation of such potentially applicable legal requirements and the resulting risks and uncertainties, including the risk that one or more governmental entities or other persons may assert that any digital assets or cryptographic tokens (including the Digital Assets) may constitute securities under applicable legal requirements. You hereby irrevocably disclaim and disavow reliance upon any statements or representations made by or on behalf of, or information made available by, Sky Mavis, in determining to enter into these Terms of Use or use the Services.
Litigation. There is no legal proceeding pending that relates to your activities relating to the Services or other token- or digital asset- trading or blockchain technology-related activities.
Compliance. You have not failed to comply with, and have not violated, any applicable legal requirement relating to any blockchain technologies or token trading activities. No investigation or review by any governmental entity is pending or, to your knowledge, has been threatened against or with respect to you, nor does any government order or action prohibit you or any of your representatives from engaging in or continuing any conduct, activity or practice.

You must provide all equipment and software necessary to connect to the Services, including but not limited to, a mobile device that is suitable to connect with and use the Services, in cases where the Services offer a mobile component. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing the Services.

PRICES, PAYMENT, AND RETURNS

General. All pricing and payment terms for Products and services are as indicated at the point of sale or otherwise on the Site or Services, and any payment obligations you incur are binding at the time of purchase. You may not substitute any other currency, whether cryptocurrency or fiat currency, for the currency in which you have contracted to pay at the time of purchase. For clarity, no fluctuation in the value of any currency, whether cryptocurrency or otherwise, shall impact or excuse your obligations with respect to any purchase. Whether a particular cryptocurrency is accepted as a payment method by Sky Mavis is subject to change at any time in Sky Mavis’s sole discretion.

Pricing. Prices that are shown on our Site for Products and services exclude all taxes or shipping and handling fees. Taxes and shipping and handling costs will be added to the amount of your purchase of such Products or services and itemized on the check-out page or order confirmation page. You understand and agree that you will carefully review taxes and delivery costs prior to confirming your purchase. Each Product and service made available on the Site and in your shopping cart is shown at the current price. All prices for Products or services made available on the Site or Services are subject to change at any time without notice.

Sales Tax. If Sky Mavis determines it has a legal obligation to collect any Sales Tax (including, without limitation, any taxes that may become payable as the result of your purchase of any Products or services) from you in connection with these Terms, Sky Mavis shall collect such Sales Tax. If any services or Products, or payments for any services or Products, under this Agreement are subject to any Sales Tax in any jurisdiction and you have not remitted the applicable Sales Tax to Sky Mavis, you will be responsible for the payment of such Sales Tax and any related penalties or interest to the relevant tax authority, and you will indemnify Sky Mavis for any liability or expense Sky Mavis may incur in connection with such Sales Taxes. Upon Sky Mavis’s request, you will provide it with official receipts issued by the appropriate taxing authority, or other such evidence that you have paid all applicable taxes. For purposes of this section, “Sales Tax” means any sales or use tax and any other tax measured by sales proceeds that is the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax.

Customs Fees and Taxes. You understand and agree that you may be subject to and will be solely responsible for any additional import and/or customs duties, fees and/or taxes. Sky Mavis shall not be liable for any customs duties, fees, or taxes that may arise as a result of your purchase and delivery of any Products or services you may have purchased.

Payment. You may purchase Products and services available on our Site using different payment options. We reserve the right to change our payment options at any time and for any reason. Payment must be received by us prior to our acceptance of an order. When you provide your credit card information or any other information necessary to facilitate payment to us or our payment processing vendor(s), you represent to us that: (i) you are the authorized user of the credit card that is used to pay for the Products and services; (ii) the credit card information you supply to us is true, correct, and complete; (iii) charges that you incur will be honored by your respective credit card company; and (iv) you will pay all charges that you incur at the indicated prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Site or through the Services at the time of your order. Orders may be cancelled if your payment method is not valid at the time of shipment or if we are otherwise unable to accept your payment. If we are unable to accept your payment on our first attempt, we may attempt to take your payment again. It is your responsibility to ensure you have sufficient funds available in your relevant account for the payment to be taken. When you place a pre-order, you are authorizing us to take a future payment using the payment method details you provided during the checkout process. If legal action is necessary to collect on any balances that are due, you will reimburse us and our vendors or agents for all expenses incurred to recover the sums due, including any and all legal fees and any other expenses. Credits or refunds will be made to the same payment method and Account used to place the orders.

Payment Processing and Related Services. Payment processing and related services (e.g., digital wallet management, card acceptance, merchant settlement, product shipment) for the Services will be performed by Sky Mavis’ third-party service providers (each, a “Third-Party Service Provider”). Your use of the Services and the payment processing and related services provided by a Third-Party Service Provider is subject to your agreement(s) with such Third-Party Service Provider for such Services and payment processing and related services, as may be modified by the Third-Party Service Provider from time to time (collectively, “Third-Party Service Provider Agreement”). As a condition of using the Third-Party Service Provider’s payment processing and related services, you must provide accurate and complete information, and you authorize us to share this information with the Third-Party Service Provider and to charge your payment method for all amounts that may become due under this Agreement. Your use of the Third-Party Service Provider’s payment processing and related services is conditioned upon your compliance with the Third-Party Service Provider Agreement, and if the Third-Party Service Provider Agreement is terminated by the Third-Party Service Provider, you may not be able to use the Services, or you may have your use of the Services suspended or terminated. We may change or add other payment processing services at any time upon notice to you, which may be subject to additional terms or conditions. We will have no control over the Third-Party Service Provider’s payment processing and related services and cannot reverse or refund any transactions.

As applicable to digital asset payments, each blockchain may require the payment of a transaction fee (a “Gas Fee”) for every transaction that occurs on such blockchain, such Gas Fee to be based on the structure and composition of such blockchain. This means that you may need to pay a Gas Fee for each transaction that occurs via the Services. Gas Fees may vary based on market conditions on the applicable blockchain, and Sky Mavis shall have no liability to you in connection with the same.

Accuracy of Billing and Account Information. You understand and agree that you shall provide current, complete, and accurate purchase and Account information for all purchases made on our Merch Store. You agree to promptly update your Account and other information, including your email address, billing address, and credit card numbers (along with corresponding expiration dates and any other required information) so that we may complete your transactions and contact you as needed.

Limitations, Changes or Cancellations of Your Order. We reserve the right to refuse any order you place with us. We may, at our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer Account, the same credit card, and/or orders that use the same billing and/or shipping address. If we make a change to or cancel an order, we may attempt to notify you by contacting the email, billing address and/or phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that appear to be placed by dealers, resellers, or distributors at our sole discretion.

Returns. Our returns policy is in addition to any statutory rights you may have under the law. We will accept any items returned in accordance with our return policy described on our returns page (“Return Policy”). We may deny any return if it fails to meet our return criteria described in our Return Policy. For additional information on our returns processes and policy, please visit our Return Policy.

USER CONTENT

“User Content” means any information and content that a user submits to, or uses with, the Services (e.g., content in the user’s profile or postings) or any of Sky Mavis’s profiles on other properties or platforms (e.g., Discord). You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that personally identifies you or any third party. You hereby represent and warrant that your User Content does not violate our Acceptable Use Policy set forth in Section 10. You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by Sky Mavis. Since you alone are responsible for your User Content, you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. Sky Mavis is not obligated to backup any User Content, and your User Content may be deleted at any time without prior notice. You are solely responsible for creating and maintaining your own backup copies of your User Content if you desire.

You hereby grant (and you represent and warrant that you have the right to grant) to Sky Mavis an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content, and to grant sublicenses of the foregoing rights, to provide and improve the Services and our other products and services. You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.

We reserve the right (but have no obligation) to review, refuse and/or remove any User Content in our sole discretion, and to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person. Such action may include removing or modifying your User Content, terminating your access to the Service in accordance with Section 11, and/or reporting you to law enforcement authorities.

You acknowledge and agree that submission of any questions, comments, suggestions, ideas, documents, proposals, feedback, or other information regarding the Services (“Submissions”) provided by you to us is at your own risk and that Sky Mavis has no obligations (including without limitation obligations of confidentiality) with respect to such Submissions. You hereby grant to Sky Mavis a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Submissions, and to sublicense the foregoing rights, in connection with the operation and maintenance of the Services and/or Sky Mavis’s business. To the fullest extent permitted by applicable law, you hereby waive any moral rights to any such Submissions that would limit the foregoing license grant, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions and grant the foregoing licenses.

INTERACTIONS WITH OTHER USERS

You are solely responsible for your interactions with other users and any other parties with whom you interact; provided, however, that we reserve the right, but have no obligation, to intercede in any disputes between users. The Services may contain User Content provided by other users. We are not responsible for and do not control User Content. We have no obligation to review or monitor, and do not approve, endorse or make any representations or warranties with respect to, User Content, including without limitation any User Content embodied by or otherwise made available through the Services. You use all User Content and interact with other users at your own risk. You agree that Sky Mavis will not be responsible for any liability incurred as the result of your interactions with other users. When interacting with other users you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting offline with other persons whom you don’t know. WE, OUR SUBSIDIARIES, AFFILIATES, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS AND LICENSORS (EACH, A “SKY MAVIS PARTY” AND COLLECTIVELY “SKY MAVIS PARTIES”) ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICE. NO SKY MAVIS PARTY WILL BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR INTERACTIONS WITH OTHER USERS OF THE SERVICE.

THIRD-PARTY WEBSITES AND CONTENT

The Services may contain links to third-party websites (“Third-Party Websites”) as well as articles, photograph, text, graphics, pictures, designs, music, sound, video, information, applications, advertisements, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). When you click on a link to a Third-Party Website or Third-Party Content, we will not warn you that you have left the Services and you become subject to the terms and conditions (including privacy policies) of another website or destination. Such Third-Party Websites and Third-Party Content are not under the control of Sky Mavis and are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site and/or the App; any Third-Party Content posted on, available through, or installed from the Site and/or the App; or any advertisements placed on the Site and/or the App, any services provided on the Site and/or the App, or products sold through those advertisements; including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and/or the App and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk and you should be aware of these Terms of Use no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or Services or relating to any applications you use or install from the Site or through the Service. Any purchase you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products and services offered on Third-Party Websites; and you hereby waive any claims against Sky Mavis Parties arising from or related to any Third-Party Content or Third-Party Websites. If you are an advertiser, you warrant and represent that you possess all rights and authority to place advertisements on the Site and/or the App, including, but not limited to, intellectual property rights, publicity rights, and contractual rights. We do not make any representations or warranties about any Third-Party Content you may encounter during your use of the Service, including any content associated with any Digital Assets displayed on the Service. You bear sole responsibility for verifying the accuracy, legitimacy, authenticity, and legality of these Digital Assets that you may purchase from third-party sellers.

ACCEPTABLE USE POLICY

You may not access or use the Service for any purpose other than that for which we make the Service available.

You shall not (and shall not permit any third party) to:

use the Services for any purpose that is prohibited by this Agreement or is inconsistent with applicable law, rule, or regulation;
violate, or encourage the violation of, the legal rights of others (for example, this may include allowing End Users to infringe or misappropriate the intellectual property rights of others in violation of the Digital Millennium Copyright Act);
access the Services through automated or other non-human means, whether through a bot, script or otherwise;
Frame or use framing techniques to enclose any trademark, logo, or other Services (including images, text, page layout or form) of Sky Mavis;
Use any metatags or other “hidden text” using Sky Mavis’ name or trademarks;
Modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile, or reverse engineer any part of the Services, except to the extent the foregoing restrictions are expressly prohibited by applicable law;
Remove or destroy any copyright notices or other proprietary markings contained on or in the Services;
Take any action or make available any content on or through the Site or Services that (i) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane, including without limitation in an attempt to learn sensitive Account information such as user passwords; (ii) constitute unauthorized or unsolicited advertising, junk or bulk e-mail; (iii) involves commercial activities and/or sales, such as contests, sweepstakes, barter, advertising, or pyramid schemes without Sky Mavis’ prior written consent; (iv) impersonates any person or entity, including any employee or representative of Sky Mavis, or uses the username of another user; or (v) interferes with or attempts to interfere with the proper functioning of the Site or Services or uses the Site or Services in any way not expressly permitted by this Agreement. Without limiting the foregoing, except as expressly stated herein, no part of the Site or Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means;
Systematically retrieve data or other content from the Site or Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;
Use a buying agent or purchasing agent to make purchases on the Site or Services;
Use the Services to create, sell, or buy Digital Assets or other items that give owners the right to participate in an initial coin offering (“ICO”) or any securities offering, or that are redeemable for securities, commodities, or other financial instruments;
Circumvent, disable, bypass, or otherwise interfere with or attempt to interfere with any security-related features of the Site or Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site or Services and/or the Content contained therein;
Make improper use of our support services or submit false reports of abuse or misconduct;
Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools, except for the allowable purposes enumerated at the beginning of this Section 10;
Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Site;
Sell or otherwise transfer or attempt to transfer your Account;
Use the Site or Services as part of any effort to compete with us or otherwise use the Site, Services and/or the Content for any revenue-generating endeavor or commercial enterprise not expressly permitted hereunder;
Sell or resell our Site or Service, or otherwise attempt to circumvent any of Sky Mavis’s fee systems;
Disparage, tarnish, or otherwise harm or attempt to harm Sky Mavis and/or any of the Site or Services, as determined by us in our sole discretion;
Use any relevant blockchains to carry out any illegal activities in connection with or in any way related to your access to and use of the Site or Services, including but not limited to money laundering, terrorist financing, or deliberating engaging in activities designed to adversely affect the performance of the blockchains or the Services;
Engage in or knowingly facilitate any “front-running,” “wash trading,” “pump and dump trading,” “ramping,” “cornering” or fraudulent, deceptive or manipulative trading practices;
Engage in any behavior or practice that have the intention or the effect of artificially causing any Digital Asset or item to appear in a certain area of our Site or at the top of search results, or artificially increasing view counts, likes, or other metrics that we may use to sort items, collections, or search results;
Use or attempt to use another user’s Account without authorization from such user; or pose as another person or entity, or use a wallet to engage in a transaction on the Site or through the Service that is owned or controlled, in whole or in part, by any other person; or
Access the Site or Service from a different blockchain address if we have blocked any of your other blockchain addresses or Account(s) from accessing the Service, unless you have our prior written consent.

The rights granted to you in these Terms of Use are subject to your compliance with the restrictions set forth in this Section. Any future release, update or other addition to the Services shall be subject to the Terms of Use.

Sky Mavis may restrict or refuse, at its sole discretion, the provision of the Services in certain countries or regions. The Services may not be intended for use in your jurisdiction. You are solely responsible for ensuring that your use of the Services complies with applicable law.

TERMINATION

If you want to terminate your use of or access to the Service, you may do so by (a) notifying us at any time; and (b) closing and/or ceasing to use and access your Account; provided, however, that notwithstanding any such termination and for the avoidance of doubt, these Terms will continue to apply with respect to all of your User Content. These Terms of Use remain in full force and effect while you use the Service.

WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, TERMINATE THIS AGREEMENT AND/OR DENY ACCESS TO AND USE OF THE SERVICE (INCLUDING BLOCKING CERTAIN IP ADDRESSES) TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR FOR VIOLATION OF ANY APPLICABLE LAW, RULE, OR REGULATION. WE MAY TERMINATE YOUR USE OF OR PARTICIPATION IN THE SERVICE OR DELETE YOUR ACCOUNT WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your Account for any reason, you are prohibited from registering and creating a new Account under your name, a fake or a borrowed name, or the name of any third party, or from otherwise using the Service, even if you are acting on behalf of the third party. In addition to terminating and suspending your Account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress, as set forth in more detail in Section 17, below. You understand that any termination of your right to access and use the Service may involve deletion of your User Content associated with your use of the Service from our live databases. Sky Mavis will not have any liability whatsoever to you for any termination of your rights under this Agreement, including for termination of your right to access and use the Service or deletion of your User Content. All sections intended by their nature to survive will survive the termination of this Agreement.

GOVERNING LAW

These Terms of Use and your use of the Service are governed by and constructed in accordance with the laws of Singapore without regard to its conflicts of law principles.

DISPUTE RESOLUTION

Informal Negotiations. To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each a “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally and in good faith for at least the lesser of (i) the time necessary to resolve such Dispute, or (ii) thirty (30) days before initiating the arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

Binding Arbitration. Unless otherwise required by applicable law, if a Party is unable to resolve a Dispute through informal negotiations, the Disputes (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted by the Singapore International Arbitration Centre (“SIAC”) under the SIAC Rules in force at the time a Dispute is submitted, which rules are deemed incorporated by reference in this Section. The seat of arbitration shall be Singapore. The tribunal shall consist of one (1) arbitrator to be appointed in accordance with the SIAC Rules for the time being in force, and the language of the arbitration shall be in English.

Class Action Waiver. YOU AND WE AGREE THAT EACH MAY BRING DISPUTES AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU AND WE EXPRESSLY WAIVE ANY RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS BASIS.

Unless both you and we agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

30-Day Right to Opt Out. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt-out to the following address: via email at [email protected] with subject line “LEGAL OPT OUT.” The notice must be sent within 30 days of you first using our Services under this Agreement, otherwise, you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt-out of these arbitration provisions, we will also not be bound by them.

Exceptions to Arbitration. Sky Mavis and you each agree that the following Disputes are not subject to the above provision concerning binding arbitration: (a) any Dispute seeking to enforce or protect, or concerning the validity of, the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any Dispute or claim for injunctive relief. Sky Mavis and you each agree that, if any portion of this provision is found to be unenforceable, then neither party will elect to arbitrate any Dispute falling within that portion of this provision found to be unenforceable, and such Dispute shall be decided by a court of competent jurisdiction located in Singapore, sitting in Singapore.

DISCLAIMERS

Manufacturer’s Warranty and Disclaimers. We do not manufacture or control any Products or services offered on our Site or through our Services. The availability of Products or services on our Site or Services does not indicate an affiliation with or endorsement of any product, service, or manufacturer. Accordingly, we do not provide any warranties with respect to any products or services offered on our Site or through our Services. However, where we do not provide warranties with respect to a product or service offered on our Site or through our Services, the product or service offered on our Site and through our Services may be covered by a manufacturer’s warranty. To obtain warranty service for defective products, please follow the instructions included in the manufacturer’s warranty. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, YOU EXPRESSLY UNDERSTAND AND AGREE THAT ALL PRODUCTS AND SERVICES OFFERED ON OUR SITE OR THROUGH OUR SERVICES ARE AVAILABLE AND OFFERED TO YOU AT YOUR SOLE RISK, AND THAT THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WE DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY (i) WARRANTY OF MERCHANTABILITY; (ii) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (iii) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE. YOU AFFIRM THAT WE WILL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY OR CONDITION CLAIMS OR FOR ANY DAMAGES ARISING OUT OF THE MANUFACTURER’S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS TO YOU.
General Services Disclaimers. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR ACCESS TO AND USE OF OUR SERVICES ARE AT YOUR SOLE RISK, AND THAT THE SERVICES 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, SKY MAVIS PARTIES MAKE NO EXPRESS WARRANTIES AND HEREBY DISCLAIM ALL IMPLIED WARRANTIES REGARDING THE SERVICES AND ANY PART OF THEM (INCLUDING WITHOUT LIMITATION, THE SITE OR ANY EXTERNAL WEBSITES), INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, CORRECTNESS, ACCURACY, AND RELIABILITY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SKY MAVIS PARTIES DO NOT REPRESENT OR WARRANT TO YOU THAT: (I) YOUR ACCESS TO OR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS; (II) YOUR ACCESS TO OR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR; (III) USAGE DATA PROVIDED THROUGH THE SERVICES WILL BE ACCURATE; (IV) THE SERVICES OR ANY CONTENT, SERVICES OR FEATURES MADE AVAILABLE ON OUR SITE OR THROUGH OUR SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, WHETHER TANGIBLE OR INTANGIBLE; OR (V) THAT ANY DATA THAT YOU DISCLOSE WHEN YOU USE THE SERVICES WILL BE SECURE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

WE ATTEMPT TO MAKE YOUR ACCESS TO AND USE OF THE SERVICE SAFE, BUT WE DO NOT REPRESENT OR WARRANT THAT THE SERVICE, CONTENT, OR ANY LINKED OR ASSOCIATED CONTENT WITH OUR SERVICES OR SITE (INCLUDING ANY CONTENT OR SERVICES WITH DIGITAL ASSETS, OR ANY DIGITAL ASSETS YOU INTERACT WITH WHEN USING OUR SERVICE OR OUR SERVICE PROVIDERS’ SERVERS) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE CANNOT GUARANTEE THE SECURITY OF ANY DATA THAT YOU DISCLOSE ONLINE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OR OBTAINED FROM SKY MAVIS PARTIES OR THROUGH THE SERVICES, WILL CREATE ANY WARRANTY OR REPRESENTATION NOT EXPRESSLY MADE HEREIN. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND TRANSACTING 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 A RESULT OF YOUR USE OF THE ETHEREUM NETWORK, RONIN NETWORK, THE METAMASK ELECTRONIC WALLET, RONIN ELECTRONIC WALLET, OR ANY OTHER THIRD-PARTY SERVICES OR THIRD-PARTY BLOCKCHAINS, 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, BRUTE FORCING OR OTHER MEANS OF ATTACK.
ANY DIGITAL ASSETS ARE INTANGIBLE ASSETS THAT EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED ON THE RONIN NETWORK. ALL DIGITAL ASSETS EXIST ONLY BY VIRTUE OF THE RECORD THEREOF ON THE DECENTRALIZED LEDGER WITHIN THE RESPECTIVE BLOCKCHAIN. SKY MAVIS HAS NO CONTROL OVER AND MAKES NO GUARANTEES OR PROMISES WITH RESPECT TO ANY DIGITAL ASSETS. SKY MAVIS IS NOT RESPONSIBLE FOR LOSSES DUE TO BLOCKCHAINS OR ANY OTHER FEATURES OF OR INHERENT TO BLOCKCHAIN TECHNOLOGY, INCLUDING BUT NOT LIMITED TO LATE REPORTS BY DEVELOPERS OR REPRESENTATIVES (OR NO REPORTS AT ALL) OF ANY ISSUES WITH THE BLOCKCHAIN SUPPORTING ANY BLOCKCHAIN NETWORK, INCLUDING FORKS, TECHNICAL NODE ISSUES, AND ANY OTHER ISSUES RESULTING IN LOSSES OF FUNDS.
YOU ACKNOWLEDGE AND AGREE THAT THE SKY MAVIS PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD ANY SKY MAVIS PARTY LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF ECONOMIC DAMAGES FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES. YOU UNDERSTAND THAT SKY MAVIS DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS. SKY MAVIS MAKES no representations or warranties as to the conduct of users of the Services or their compatibility with any current or future users of the Services. You agree to take reasonable precautions in all communications and interactions with other users of the Services, particularly if you decide to meet offline or in person. You acknowledge and agree that Sky Mavis does not conduct background checks on any user. Sky Mavis makes no warranty that the Products or Services provided by third parties will meet your requirements or be available on an uninterrupted, secure, or error-free basis.
We are not responsible for any losses or harm sustained by you due to vulnerability or any kind of failure, abnormal behavior of software (e.g. smart contract), blockchains, or any other features of or inherent to Digital Assets. We are not responsible for any losses or harm sustained by you due to developers’ or representatives’ delay or failure to report any issues with any blockchain supporting Digital Assets, including without limitation, forks, technical node issues, or any other issues that result in losses of any sort.
We do not transfer legal ownership of Digital Assets. Furthermore, we cannot guarantee continuous or secure access to the Service, and operation of the Service may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms, and conditions.

LIMITATION OF LIABILITY

YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, THE SKY MAVIS PARTIES 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, PRODUCTS OR SERVICES, OR ANY OTHER INTANGIBLE LOSS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE TERMS OF USE OR ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICES, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, RESULTING FROM: (a) THE USE OR INABILITY TO USE THE PRODUCTS OR SERVICES; (b) THE COST OF PROCUREMENT FOR SUBSTITUTE GOODS, PRODUCTS OR SERVICES RESULTING FROM ANY GOODS, PRODUCTS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH THE SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (e) ANY OTHER MATTER RELATED TO THE PRODUCTS OR SERVICES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY. THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY OF A SKY MAVIS PARTY FOR (i) DEATH OR PERSONAL INJURY CAUSED BY A SKY MAVIS PARTY’S NEGLIGENCE; OR FOR (ii) ANY INJURY CAUSED BY A SKY MAVIS PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.

YOU AGREE AND ACKNOWLEDGE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, THE SKY MAVIS PARTIES WILL NOT BE LIABLE TO YOU FOR MORE THAN THE GREATER OF (A) THE TOTAL AMOUNT PAID TO SKY MAVIS BY YOU IN THE TRANSACTION OR INCIDENT THAT IS THE SUBJECT OF THE CLAIM OR (B) ONE HUNDRED US DOLLARS (US $100.00).

YOU AGREE AND ACKNOWLEDGE THAT WE HAVE MADE THE PRODUCTS AND SERVICES AVAILABLE TO YOU AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN, WHICH REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN THE PARTIES AND FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN US. WE WOULD NOT BE ABLE TO PROVIDE THE SERVICES TO YOU WITHOUT THESE LIMITATIONS.

THE FOREGOING LIMITATIONS OF LIABILITY APPLY TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW.

ASSUMPTION OF RISK

SKY MAVIS’ SERVICE RELIES ON EMERGING TECHNOLOGIES, SUCH AS THE RONIN NETWORK. SOME SERVICES ARE SUBJECT TO INCREASED RISK THROUGH YOUR POTENTIAL MISUSE OF THINGS SUCH AS PUBLIC/PRIVATE KEY CRYPTOGRAPHY. BY USING THESE SERVICES, YOU EXPLICITLY ACKNOWLEDGE AND ACCEPT THESE HEIGHTENED RISKS.

In this section, we set out a non-exhaustive list of some of the risks below. These risks, as well as additional risks arising from now or in the future, can be substantial and potentially devastating. You should therefore carefully consider whether using any of our Service, including this Site, is suitable for you considering your financial condition prior to your commencement of use. You must also seek professional advice regarding your financial condition prior to your commencement of the use of our Service. Finally, please ensure that you review the latest version of these Terms as they may change from time to time. You accept and acknowledge each of the following:

The prices of blockchain assets are extremely volatile and may significantly fluctuate at any given moment for any reason, even becoming worthless. Due to these price fluctuations, you may gain or lose value in your digital assets at any given moment, and the fluctuations in the price of other digital assets could materially and adversely affect the value of your Digital Assets, which may also be subject to significant price volatility. We cannot guarantee that any users or purchasers of Digital Assets will not lose money.
Digital Assets are not considered legal tender. They may not be backed by any physical assets and may not be backed, guaranteed, or supported by any government or centralized authority. Digital Assets may not have intrinsic value, and their circulation may be limited and restricted.
Digital Assets are generally considered a high-risk asset class and may or may not be considered securities under certain jurisdictions. You must therefore exercise prudent judgment when trading Digital Assets.
The nature of Digital Assets may be very complex, and their terms, features, and/or risks may not be readily or fully understood due to the complex structure novelty, and reliance on technological features.
There is no assurance that the Site, Service, or any other related Products or services will be orderly and stable. Any listed Digital Asset’s value may be subject to large swings and may even become worthless.
In comparison to other types of assets, including fiat currencies and securities, any Digital Asset transactions may not be subject to a right of claim under any investor compensation fund established by any government or regulatory authority; furthermore, Digital Assets held by any third-party service provider or aggregator may not be protected deposits, and may not be protected by any deposit protection scheme in any relevant jurisdiction. Thus, Digital Assets may have a reduced level and type of protection compared to fiat currencies, securities, and other asset classes and types.
During your use of the Service, you may be subject to various fees that may or may not arise directly from us, including fees that arise from any action that you take on the blockchain or through other payment networks, whether a successful transaction occurs. These blockchain fees are final and irreversible. Prior to making any transactions, you must fully understand all commissions, fees, and costs for which you may be liable. If any of these fees are not clear to you, you must request clarification of what fees will be applicable in specific monetary terms prior to using the Service or entering any transactions.
You are solely responsible for determining what, if any, taxes apply to your Digital Assets or related transactions, and to withhold, collect, report, and remit the correct amount of taxes to the appropriate tax authorities. Sky Mavis is not responsible for determining, withholding, collecting, reporting, or remitting any taxes that apply to your Digital Assets or any related transactions on the Services.
You represent and warrant that you have done sufficient research prior to making any transactions or otherwise interacting with any Digital Assets.
The Services do not store, send, or receive Digital Assets. This is because Digital Assets exist only by virtue of the ownership record maintained on the applicable Digital Asset’s supporting blockchain. Any transfer of Digital Assets occurs only on the supporting blockchain, and not the Services.
The current regulatory regime(s) governing blockchain technologies, non-fungible tokens, digital assets, and other crypto-based items and collectibles is uncertain and may be constantly changing. New regulations or policies may materially and adversely affect the Service and the value and utility of Digital Assets.
There are risks associated with using Internet and blockchain-based products, such as Digital Assets and cryptocurrencies, 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 we will not be responsible for any communication failures, disruptions, errors, distortions, or delays you may experience when using the Blockchains or any other blockchain, however caused.
Malicious individuals or organizations may target you and attempt to steal any Digital Assets you may hold or claim any Digital Asset that you may have purchased. You are solely responsible for protecting yourself against such actions.
There is no technology that is completely secure or safe. You should therefore exercise caution when using any technology.
We do not have ownership or control of the smart contracts deployed by third parties, and we are not responsible and make no guarantees regarding their capabilities, operation, or functionality. We do not control the public blockchains that you are interacting with, and we do not control certain smart contracts that are integral to your ability to complete transactions on these public blockchains. Additionally, blockchain transactions are irreversible, and we have no ability to reverse any transactions on the blockchain.
We are not responsible for losses or casualties due to developers’ or representatives’ delay or failure to report any issues with any blockchain supporting Digital Assets, including without limitation, forks, technical node issues, or any other issues that result in losses of any sort.
The Service relies on third-party platforms and vendors. If we are unable to maintain a good relationship with these parties; if their respective terms and conditions or pricing changes; if we violate or cannot comply with these parties’ terms and conditions; or if any of these parties loses market share or falls out of favor or is unavailable for a prolonged period of time, access to and use of the Service may be degraded or unavailable.
A lack of use or public interest in the creation and development of distributed ecosystems (including without limitation any blockchains, such as Ethereum and Ronin) could negatively impact the development of the Sky Mavis ecosystem, and therefore the potential utility or value of Digital Assets.
The legal and regulatory regime governing blockchain technologies, cryptocurrencies, and tokens is uncertain, and new regulations or policies may materially adversely affect the development of the Sky Mavis ecosystem, and therefore the potential utility or value of Digital Assets.
Upgrades to blockchains may have unintended adverse effects on the Service, including any Digital Assets made available by Sky Mavis on our Site or through our Services.
At any point in time, one or more persons may directly or indirectly control significant portions of the total supply of any particular Digital Asset. These persons are often referred to colloquially as “whales.” Whether acting individually or collectively, these whales may have significant impact, and may be able to influence or cause significant market events that may have a detrimental effect on price, value, or functionality of Digital Assets. Furthermore, these whales, or other network participants and users, may make decisions that are not in your best interest as an owner of Digital Assets.
We reserve the right to hide collections, Products, and items that are affected by any issues for any reason at our sole discretion. You understand and accept that the inability to view items on the Site or the inability to use the Service to view a respective item does not give you any grounds for a claim against us.

INVESTIGATIONS

If we become aware of any possible violations by you of these Terms of Use, we reserve the right to investigate such violations. If, as a result of the investigation, we believe that criminal activity may have occurred, we reserve the right to refer the matter to, and to cooperate with, any and all applicable legal authorities. We are entitled, except to the extent prohibited by applicable law, to disclose any information or materials on or in the Services, including your Content, in Sky Mavis’s possession in connection with your use of the Services, to: (i) comply with applicable laws, legal process, or governmental request; (ii) enforce these Terms of Use; (iii) respond to any claims that your Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property, or personal safety of Sky Mavis, its users, or the public, and all law enforcement or other government officials, as Sky Mavis in its sole discretion believes to be necessary or appropriate. By agreeing to these Terms of use, you hereby provide your irrevocable consent to such monitoring. You acknowledge and agree that you have no expectation of privacy concerning your use of the Services, including without limitation, text, voice, or video communications.

INDEMNIFICATION

To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Sky Mavis and the Sky Mavis 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 or associated with pursuing indemnification and insurance), of every kind and nature whatsoever arising out of or related to these Terms of Use or your use of the Service or the Service, 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 the Service, User Content, or any Digital Assets, (b) any Submissions you provide, (c) your violation of these Terms of Use, and (d) your violation of the rights of any third party, including another user. You agree to promptly notify Sky Mavis of any third-party Claims and cooperate with the Sky Mavis Parties in defending such Claims. You further agree that the Sky Mavis 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 SEPARATE WRITTEN AGREEMENT BETWEEN YOU AND SKY MAVIS.

RELEASE

You hereby release and forever discharge Sky Mavis and the Sky Mavis Parties from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Services (including any interactions with, or act or omission of, other users).

MISCELLANEOUS

Entire Agreement. These Terms of Use and any policies or operating rules posted by us on the Services, or with respect to the Services, constitute the entire agreement and understanding between you and us. You agree that these Terms of Use will not be construed against us by virtue of having drafted them.
Waiver. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law.
Assignment. You may not assign these Terms of Use, or any of your rights or obligations hereunder, by operation of law or otherwise, without our prior written consent. We may assign all or any of our rights and obligations to others at any time.
Severability. If any portion of these Terms is held to be invalid or unenforceable, the remaining portion of these Terms will remain in full force and effect. Any invalid or unenforceable portions will be interpreted to effect and intent on the original portion. If such construction is not possible, the invalid or unenforceable portion will be severed from these Terms, but the rest of these Terms will remain in full force and effect.
Force Majeure. We shall not be responsible for or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.
Independent Parties. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Terms of Use or use of the Services.
Notices. The communications between you and Sky Mavis may take place via electronic means, whether you visit the Site or through the Services, or send Sky Mavis emails, or whether Sky Mavis posts notices on the Site or through the Services or communicates with you via email. For contractual purposes, you: (i) consent to receive communications from Sky Mavis in an electronic form; and (ii) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Sky Mavis provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing.
Third Party Rights. Except as otherwise set forth herein, these Terms do not create any third-party beneficiary rights in any individual or entity that is not a party to these Terms.
Language. All communications and notices made or given pursuant to these Terms shall be made in the English language. If we provide a translation of the English language version of these Terms, the English language version of the Terms shall control if there are any conflicts or inconsistencies.