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Terms of Service

The CryptoMasterpieces application runs on the Ethereum network and utilizes smart contracts (with each being known as a “Smart Contract”) to allow users to buy and own unique, one-of-a-kind masterpiece digital contracts. Throughout these Terms of Service, the Smart Contracts and the Site hosting the application will be known as the “Application”. By choosing to use the Application, users can purchase and own masterpiece Smart Contracts.

CryptoMasterpieces is making the Application available to you. Prior to using the Application, you must agree to these Terms of Service.

Read the following Terms of Service carefully and thoroughly prior to using the Application, purchasing Smart Contracts, or using the Site. Unless we have a separate, written agreement with you that differs from the below Terms of Service, the following Terms of Service absolutely and unequivocally govern your use of the Site, purchase of Smart Contracts, and ownership of Smart Contracts. We will only allow you to use this Site, own Smart Contracts, and/or purchase Smart Contracts if you accept all of these Terms of Service. By using this Application, this Site, and/or these Smart Contracts, or by clicking “agree”, you confirm that you understand these Terms and accept these Terms. In the event that you are using this Site, this Application, or these Smart Contracts on behalf of another company or legal entity, you indicate that you have the legal authority to accept these Terms on the other party’s behalf, and that any mention of “you” in this contract means the other party that you represent. If you do not have the authority to represent another party, then you do not have permission to use this Application, this Site, or these Smart Contracts.

CryptoMasterpieces Smart Contracts

We have used the artwork of various artworks in the public domain to create unique, one-of-a-kind Smart Contracts on the Ethereum network. New masterpiece Smart Contracts will be released as we deem fit or when a gallery or creator request that we release an artwork on the platform.

Each masterpiece Smart Contract may be purchased by you utilizing ether. You may purchase any masterpiece Smart Contract you choose, and any other party may purchase a masterpiece Smart Contract that you currently own if the other party is willing to pay you a higher sum as hard coded into the smart contract.

You may not stop another party from purchasing a masterpiece Smart Contract that you currently own, and no other third party may stop you from purchasing a masterpiece Smart Contract that you wish to own. Whichever party is willing to pay the cost of the masterpiece Smart Contract may own said Smart Contract after he or she completes the transaction.

Collect Responsibly

The Application allows you to buy, collect and sell digital assets. There is no guarantee that anyone else will buy these digital assets from you. While some collectors speculate about their ability to resell digital assets for a higher value in the future, there is no guarantee that another person will decide to buy your digital assets. If you you choose to transfer ETH in exchange for the smart contracts listed on the Application, you must accept and understand the risk of potentially not being able to sell your “smart contract” in the future. The game is designed for collectors who choose to pay for the ownership of a digital artwork. If you choose to speculate over the future value and liquidity of your asset, you must do so at your own risk and not hold the creators of the Application or the smart contract liable for any losses or damages. Play responsibly and do not spend more than you feel the digital asset is worth.

The Application

This Application requires that you utilize a Google Chrome or Firefox web browser that currently has a MetaMask browser extension installed. MetaMask is an electronic wallet created by a third party that allows you to purchase, store, and engage in transactions using Ethereum cryptocurrency. You may not use any other electronic wallet on the Application other than MetaMask; however, you can use other electronic wallets and third-party applications to transfer funds to your MetaMask wallet in order to make purchases and receive payment on the Application. If you do not log on to the Application with the correct browser (either Google Chrome or Mozilla Firefox) and/or if the browser does not have the MetaMask extension installed, you will be recognized by the Application, but you will not be able to interact with the Application in any way.

Any and all transactions that take place in the Application occur via the Ethereum blockchain. You understand that by using the Application, your Ethereum public address will be made visible to other users of the Application as well as third parties each and every time you engage in a transaction on the Application.

We do not own and we do not control any of the following third-party products used for the function of this Application: MetaMask, Coinbase, Google Chrome, Mozilla Firefox, or the Ethereum network.

We do not own and we do not control any other third-party site, product or service that you may choose to access, visit, or use for the purpose of interacting with or using the Application. We will not be held liable, and are not liable, for the acts or omissions by any such third party, nor are we liable, or will we be held liable, for any damage that you may suffer as a result of interacting with or using any of the mentioned or unmentioned third parties.

You must provide accurate and complete registration information when you create an account to utilize the Application. You are solely responsible for the safety and security of your MetaMask wallet and/or any other electronic wallet you utilize to interact with the Application.

You are solely responsible for the safety and security of your account with us. If you become aware of security breach in regards to your password or your account, you agree to notify us immediately upon discovery at hello@CryptoMasterpieces.com.

Fees and Payment

If you choose to purchase any “Masterpiece Smart Contract” on the Application, any and all transactions will be conducted through the Ethereum network utilizing a MetaMask electronic wallet. We will not have any insight into or control over these payments or transactions, nor will we be able to reverse any transaction that occurs. Because of this, we will have no liability to you or any other third party for any claims or damages that may occur due to any transaction that takes place on the Application and/or in regards to any of the masterpiece Smart Contracts that we have created.

The Ethereum network requires that you pay a transaction fee, commonly known as “Gas”, for every transaction that occurs on the Ethereum network. Gas is intended to fund the hardware and software that runs the Ethereum network, as well as to prevent misuse and spam. If you choose to interact with the Application via our Site or without using the Application or our Site as a portal, you will still need to pay fee for any and every transaction you make on the Ethereum network.

We charge a 5% commission on every transaction conducted on our Site and in our Application in addition to the Gas charged by the Ethereum network. A portion of this commission is reserved for charity donations or royalties paid to different individuals. By using our Site and our Application, and by purchasing a masterpiece Smart Contract, you acknowledge this and agree that the commission will be transferred directly to us through the Ethereum network. We do not charge this fee for interactions that do not occur on our Application’s marketplace.

You are solely and unequivocally responsible to pay any and all sales, use, value-added, and other taxes, as well as any duties and assessments now or hereafter claimed or imposed by any government authority associated with your use of the Application. This includes, but is not limited to, any taxes, duties, and/or assessments that you become responsible for by owning or purchasing any masterpiece Smart Contract. Excluding income taxes levied on CryptoMasterpieces, by using this Application you agree to pay or reimburse us for all taxes and assessments in any jurisdiction with the authority to levy said taxes and assessments. This includes value-added taxes, taxes required by international trade treaties, import or export taxes, and any amounts levied based on charges set, services performed, or transactions made. You are not now or ever entitled to deduct the amount of any taxes, duties, or assessments levied from payments that you have made to us, including the commission collected when you complete a transaction on our Application.

Ownership and Restrictions

By using this Application, you acknowledge and agree that we and/or our licenses own all legal rights, titles, and interests in and to any and all elements of the Application, including any and all intellectual property. This includes, but is not limited to: graphics, designs, information, systems, computer code, software, services, organization, content, compilation of content, data, design, and any and all other elements of the Application. We retain complete and full ownership of all of these elements, as well as any other element related to the Application not listed in these Terms of Service. Each and every one of these elements is owned by CryptoMasterpieces, and protected by copyright, trade, dress, patent, trademark laws, international conventions, and every other applicable property and proprietary rights laws. Your use of the Application, the Site, or of any and all masterpiece Smart Contracts does not grant you ownership of or any rights to the content, code, data, and other materials you may use and see on the Site. Although you own the Smart Contract itself, you do not own the masterpiece name, likeness, contract design, nor any other elements.

Any comments, bug reports, ideas, or any other type of feedback regarding the Application provided by you is welcome by CryptoMasterpieces. However, once you willingly submit such comments, bug reports, ideas, or feedback, you agree that we are free to utilize that information and those ideas in any way we see fit without any compensation to you. We are free to disclose that information and those ideas to any third party we deem necessary. But submitting any comments, bug reports, ideas, or any other type of feedback, you grant use perpetual, irrevocable license to that content and/or ideas, and we immediately retain complete rights to that information, content, and/or ideas.

By using this Application and this Site, you agree that you are completely and unequivocally responsible for your conduct during use of this Application and this Site, as well as any repercussions or consequences that occur because of said conduct.

By using this Application and this Site, you agree that you will abide by the above and below Terms of Service, any and all applicable laws and regulations, and that you will only use the Application and the Site for legal and proper purposes.

In addition to this, you are not allowed to, and may not permit any third party to:

Terminating these Terms

The only way to terminate the Terms contained herein is by cancelling your account on the Application and discontinuing any and all use or access to the Application. If you choose to cancel your account, you will not receive any refunds for any transactions made in the Application or any payments made to us.

By using this Application, you agree that we have the right to terminate these terms and cancel or suspend your account for any reason we deem necessary. You also agree that we are not required to provide you with any advanced notice of any suspension or termination of your account, and that we are not liable to you or any other third party for any damages or consequences caused by the suspension or termination of your account.

In the event that we decide to suspend or terminate your account, or restrict your access to your account or the Application, due to suspected fraud, abuse, or illegal activity on your part, then we may also take any and all actions allowed by law.

If your account is suspended or terminated by us or by your choice, you will no longer have access to information that you have posted on the Application or any information that is related to your account. In both events, whether we terminate or suspend your account or you choose to terminate your account, you acknowledge and agree that we are under no obligation to maintain any of your information in our databases, nor are we obligated to forward any of that information to you or to any third party.

Disclaimer and Warranties

By using this Application, you understand and agree that your access to and use of this Application is at your own risk. You acknowledge and accept that this Application is provided on an As-Is and As-Available basis, and that we make no express or implied warranty regarding this Application or access to this Application. We, and any party associated with us, make no warranty and disclaim any and all implied warranties regarding the Application, including the Site and Smart Contracts. This includes any implied warranty regarding product value, fitness for a specific purpose, non-infringement, correctness, and/or reliability. Neither us nor any of our subsidiaries or affiliates guarantee or warrant that your access or use of the Application will meet your requirements and/or expectations; your access to the Application or Site will be uninterrupted, free from error, or secure; or, that any data represented in the content, services, or features are accurate and/or free of viruses or other harmful content or components.

Limitation of Liability

By using this Application and this Site, you understand and agree that neither we nor any of our subsidiaries or affiliates are liable to you or any other third party for any indirect, incidental, consequential, or exemplary damages that you may incur, no matter how those damages occurred. We and our subsidiaries and affiliates are also not responsible for any financial loss, loss of goodwill, loss of business reputation, loss of personal reputation, cost of purchasing any substitute goods or services, or any and all other potential intangible losses, even if we had previous knowledge that there was a risk of damages and/or losses.

By using this Application and this Site, you agree that our total liability to you for any and all claims arising out of or relating to these Terms or your access to or use of this Application or this Site is limited to the greater of: the amount you paid to us during the 12-month period preceding the date of the claim; or, $100.

By using this Application and this Site, you understand and agree that we have made this Application available to you and entered into these Terms with you as a way to provide the Application to you. These limitations of liability outlined in these Terms reflect a reasonable and fair allocation of risk between us and you.

Indemnification

By using this Application and this Site, you agree to hold CryptoMasterpieces harmless and to indemnify us and any of our subsidiaries and affiliates, as well as any of our officers, agents, employees, advertisers, suppliers, or licensors, from and against any claim, liability, loss, actual damage, and consequential damage of any kind or nature, including suits, judgements, litigation costs, and attorneys’ fees that occur or arise due to your breach of these Terms and/or your violation of any applicable laws, rules, and regulations.

External Sites

In some cases, this Application and this Site may contain hyperlinks to other websites and/or resources as a convenience to you and our other users. We have no control over the safety of or content found on these sites. You acknowledge and agree that we are not responsible for the availability of any links to external sites, and that we do not endorse the advertisements on the sites, the products or services made available on those sites, or any other materials found on those sites. You acknowledge and agree that we are not liable for any loss or damage that may be incurred by you or any third party as the result of the availability or lack of availability of these sites, including any reliance placed by you upon the need for those sites and/or for those sites’ completeness and/or accuracy.

Changes to these Terms of Service

As we deem necessary, we may make changes to these Terms. When we make these changes, the updated Terms will be available on the Application and on the Site and feature a “Last Updated” date. It is your responsibility to check these Terms periodically for any changes. Your continued access to the Application and the Site will constitute your binding acceptance of the updates. Any and all changes made are applicable on the date that they are made.

Changes to the Application

We are always working toward improving and expanding the Application in order to provide you and our other users with the best, most robust experience. By using the Application and the Site, you understand and agree that any part of this Application or this Site may change at any time without any prior notice to you. We can and will add new features and alter aspects of the Application or the Site at any time without notice.

Children

By using this Application and this Site, you affirm that you are over the age of 13. This Application and this Site are not intended for use by any child under the age of 13. If you are older than 13 years of age but younger than 18 years of age, or if your jurisdiction has an older age of majority, then you agree to review these terms with your parent or guardian to make sure that you and your parent or guardian understand and agree to all of these Terms. By using this Application and this Site, you agree to have your parent or guardian review and accept these Terms on your behalf. If you are a parent or guardian agreeing to the Terms for the benefit of a child older than 13 but younger than 18 or your jurisdiction’s age of majority (whichever is older), then you agree to accept full responsibility for that child’s use of this Application and this Site, including, but not limited to, any financial charges or legal liability that he or she may incur.

Privacy Policy

By using this Application and this Site, you agree to the collection, use, storage, and disclosure of your data in accordance with our Privacy Policy.

General

These Terms in their entirety constitute the legal agreement between you and CryptoMasterpieces, and govern your access to and use of the Application and the Site. They replace any prior agreements between the parties related to your access to or use of the Application or the Site, whether oral or written. There are no third-party beneficiaries to these terms; any third party is an independent contractor, and these Terms do not form any agency, partnership, or joint venture. You understand and agree that the language in these terms should and will be interpreted as to its fair meaning, and not strictly for or against any party. You may not assign any of your rights or obligations under these Terms without prior written consent from us. However, we may assign our rights and obligations under these Terms to an affiliate or in connection with an acquisition, sale, or merger at our sole discretion.

In the event that any part of these Terms be deemed invalid or unenforceable by proper legal authorities, that portion will be struck while the remaining portions remain in full force and effect. Any potential failure on our part to enforce these Terms is not and will not be deemed a waiver of these Terms, in part or in whole. Any legal action or proceeding arising under these Terms will be handled by the courts in the CryptoMasterpieces registered country, and the parties irrevocably consent to the personal jurisdiction and venue there.

Finally, we are not liable and will not be held liable for any failure or delay in performance of our obligation under these Terms that result from any condition beyond our control. This includes government action, acts of terrorism, earthquakes, floods, fire, power failures, internet disturbances, or acts of omission by any third party. You agree that we may provide you with a notice of any changes to these Terms by email, regular mail, or by posting on the Application or the Site. By providing us with your email address, you consent to forgo receiving any notices via postal mail.

Last Updated: 02/07/2018