PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE GAME. WE ARE ONLY WILLING TO MAKE THE GAME AVAILABLE TO YOU IF YOU ACCEPT ALL OF THESE TERMS. BY USING THE GAME OR BY CLICKING “I ACCEPT” BELOW OR INDICATING YOUR ACCEPTANCE IN AN ADJOINING BOX, YOU ARE CONFIRMING THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY ALL OF THESE TERMS. IF YOU ARE ACCEPTING THESE TERMS ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE LEGAL AUTHORITY TO ACCEPT THESE TERMS ON THAT ENTITY’S BEHALF, IN WHICH CASE “YOU” WILL MEAN THAT ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT ACCEPT ALL OF THESE TERMS, THEN WE ARE UNWILLING TO MAKE THE GAME AVAILABLE TO YOU.
1. BLANKOS CHARACTERS RELEASE AND AVAILABILITY FOR PURCHASE; BLENDING AND CUSTOMIZATION; UNIQUE TOKENS AND SMART CONTRACTS:
A. Release and Availability of Blankos Characters; Blending and Customization. Mythical will generate a certain number of original, first generation Blankos characters and make them available for purchase either prior to or immediately following the day we first launch the Game. We will then release and make available for purchase additional original Blankos characters during certain time periods or “seasons” of the Game. All such releases of Blankos characters, including the number and timing thereof, shall be in Mythical’s sole discretion. The Game may permit (with or without a transaction fee) the ability to combine or “blend” your Blankos owned characters (“Original Blankos”) to create or generate new and unique Blankos characters (“Blended Blankos”), as well as customize your Blankos characters or build and customize your Game environments with Game supplied (either obtained via purchase or earned through gameplay and other activities via the Game) cosmetic items, toys, kits, building blocks or accessories (collectively, “Blankos Accessories”) (Blankos characters and Accessories are collectively, “Blankos Assets”).
B. Blankos Assets and Tokens. If authorized by the Game, each such Blankos Asset (and any specific functionality, characteristics, and/or other information about or restrictions associated with or imposed on such Blankos Asset) shall be represented by and attached to a unique non-fungible token (an “NFT”) issued on the Mythical Blockchain via a Smart Contract.
C. Blending Process; Voluntary Choice and Resulting Value. Unless otherwise expressly permitted in the Game, once you combine or blend your Original Blankos to create Blended Blankos, one of the Original Blankos will be transformed (e.g., different look, colors, features, etc.) into the Blended Blankos, although it will retain the same NFT ownership rights and serial number as the Original Blankos. You agree that the Game will afford you the ability to “preview” your Blended Blankos before actually committing to blend your Original Blankos, your decision and acceptance in the Game to create a Blended Blanko is completely voluntary, and any such Blended Blankos may be less unique, valuable or appealing than your Original Blankos, including in terms of resale in Secondary Marketplaces (as defined below).
2. OWNERSHIP; LICENSE; RESTRICTIONS:
A. Definitions. The following capitalized terms will have the following meanings:
“Copyrightable Elements” means any art, designs, drawings, color schemes, attributes, characteristics, traits and other visual or audio elements embodied or incorporated or associated with a Blankos Asset.
“Purchased Blankos Asset” means a Blankos Asset that you have validly purchased or earned via the Game, or otherwise rightfully acquired, and have not subsequently transferred or sold, where proof of such purchase is recorded on the Mythical Blockchain and related Smart Contract. A Purchased Blankos Asset also means that you own the NFT underlying such Blankos Asset.
“Third Party IP” means any third party patent rights, copyrights, trade secrets, trademarks, know-how or any other intellectual property rights recognized in any country or jurisdiction in the world, including, but not limited to, any third party intellectual property rights licensed to Mythical for use in the Game and/or for use as part of or embodied in any Blankos Asset.
B. Ownership; Smart Contracts
i. Your Ownership Rights. When you purchase a Blankos Asset, you acquire the rights to use the Blankos Asset and related functionality solely as permitted by and within the Game and the Smart Contract associated with such Blankos Asset. If expressly permitted by the Game and allowed by applicable laws and regulations, you have the right to trade your NFT, sell it, or give it away. Ownership and purchases and sales of the NFT are governed and mediated entirely by the terms of the Smart Contract associated with such NFT and the Blankos Asset initially issued and deployed by Mythical on the Mythical Blockchain. Such Smart Contracts will also govern the functionality of the Blankos Asset and contain the terms associated with purchases and sales of a Blankos Asset, including, for example, commissions payable to Mythical on sales, fees payable to third party platforms on which the Game is offered and played (e.g., PC, console and mobile), Secondary Marketplaces (e.g., eBay or crypto marketplaces), and any specific restrictions or prohibitions on sale or transfer.
ii. Mythical Owns the Game. Mythical (or, as applicable, any Third Party IP owners or licensors) owns all legal right, title and interest in and to all other elements of the Game, and all intellectual property rights therein, including, without limitation, all Copyrightable Elements, designs, systems, methods, information, computer code, software, technology, functionality, services, “look and feel”, organization, compilation of the content, code, data, and all other elements of the Game (collectively, the “Mythical Materials”). You acknowledge that the Mythical Materials are protected by copyright, trade dress, patent, and trademark laws, international conventions, other relevant intellectual property and proprietary rights, and applicable laws. All Mythical Materials are the copyrighted property of Mythical or its licensors, and all trademarks, service marks, and trade names associated with the Game or otherwise contained in the Mythical Materials are proprietary to Mythical and/or its licensors. Except as expressly set forth herein, your use of the Game does not grant you ownership of or any other rights with respect to any content, code, data, or other Mythical Materials that you may access on or through the Game. We (or, as applicable, any Third Party IP owners or licensors) reserve all rights in and to the Mythical Materials that are not expressly granted to you in these Terms. For the sake of clarity, you understand and agree: (a) that a Purchased Blankos Asset, whether via the Game or otherwise, does not give you any rights or licenses in or to the Mythical Materials (including, without limitation, our copyright in and to the associated Copyrightable Elements) other than those expressly contained in these Terms; (b) that you do not have the right, except as otherwise set forth in these Terms, to reproduce, distribute, or otherwise commercialize any elements of the Mythical Materials (including, without limitation, any Copyrightable Elements) without our prior written consent (or, as applicable, the consent of any Third Party IP owners or licensors) in each case, which consent we (or our licensors) may withhold in our sole and absolute discretion; and (c) that you will not apply for, register, or otherwise use or attempt to use any Mythical trademarks or service marks, or any confusingly similar marks, anywhere in the world without our prior written consent in each case, which consent we may withhold at our sole and absolute discretion.
C. License to Copyrightable Elements; Use of Functionality of Blankos Assets. Subject to your continued compliance with these Terms, Mythical (or, as applicable, any Third Party IP owner or licensor) grants you a limited, worldwide, non-exclusive, non-transferable, royalty-free, revocable license to use, copy, and display the Copyrightable Elements for your Purchased Blankos Assets solely for the following purposes: (i) your own personal, non-commercial use and use of the software functionality of the Blankos Asset in connection with the Game (provided that you acknowledge and agree that a Purchased Blankos Asset has no use, functionality or playability outside of the Game and you must have a valid registered Game Account in order to use and/or transfer or import a Purchased Blankos Asset in the Game); and (ii) for purposes of posting, advertising, and offering for sale your Purchased Blankos Assets as part of a Mythical hosted, approved or sanctioned Secondary Marketplace that permits the purchase, sale and transfer of ownership of Purchased Blankos Assets (and their underlying NFTs), provided that any such Secondary Marketplace cryptographically verifies each NFT owner’s rights to display the Copyrightable Elements for their NFTs to ensure that only the actual owner can display the Copyrightable Elements, and provided that the Copyrightable Elements are no longer visible once the owner of the NFT leaves the website/application for the Secondary Marketplace.
D. Restrictions. Subject to the express license rights granted above, you agree that you may not do, nor permit any third party to do or attempt to do, any of the foregoing without Mythical’s express prior written consent (or expressly authorized in these Terms) in each case: (i) modify the Copyrightable Elements for your Purchased Blankos Asset in any way, including, without limitation, the shapes, designs, drawings, attributes, or color schemes (your blending or other customization of Blankos characters as permitted by the Game functionality will not constitute a prohibited modification hereunder); (ii) use the Copyrightable Elements or related software functionality for your Purchased Blankos Asset outside of the Game in any manner, including, without limitation, to advertise, market, or sell any third party product or service; (iii) use the Copyrightable Elements for your Purchased Blankos Asset in connection with images, videos, or other forms of media that depict hatred, intolerance, violence, cruelty, or anything else that could reasonably be found to constitute hate speech or otherwise infringe upon the rights of others; (iv) use the Copyrightable Elements for your Purchased Blankos Asset in movies, videos, or any other forms of media; (v) sell, distribute for commercial gain (including, without limitation, giving away in the hopes of eventual commercial gain), or otherwise commercialize merchandise that includes, contains, or consists of the Copyrightable Elements for your Purchased Blankos Asset; (vi) attempt to trademark, copyright, or otherwise acquire additional intellectual property rights in or to the Copyrightable Elements for your Purchased Blankos Asset; (vii) otherwise utilize the Copyrightable Elements for your Purchased Blankos Asset for your or any third party’s commercial benefit; or (viii) transfer or resell any redemption link provided to you through any Secondary Marketplace for your Purchased Blankos Asset (it being expressly understood that you must create a Game Account and redeem your Purchased Blankos Asset prior to having the ability to use, resell or transfer such Blankos Asset). To the extent that Copyrightable Elements associated with your Purchased Blankos Asset are based on, incorporate or contain any Third Party IP (e.g., licensed intellectual property from a content licensor, media company, celebrity, athlete, or other public figure), you understand and agree as follows: (x) that you will not have the right to use such Third Party IP in any way except as incorporated in the Copyrightable Elements, and subject to the license and other restrictions associated with such Purchased Blankos Asset and related Smart Contract as made known to you at your time of purchase (e.g., a Third Party IP licensor may prohibit or impose other restrictions on your blending, customization or resale of such Blankos character); (y) that, depending on the nature of the license granted from the owner of the Third Party IP, Mythical may need to pass through additional restrictions on your ability to use the Copyrightable Elements; and (z) to the extent that Mythical informs you of such additional restrictions in writing (email is permissible), you will be responsible for complying with all such restrictions from the date that you receive the notice, and that failure to do so will be deemed a breach of this license. The restrictions in this Section will survive the expiration or termination of these Terms.
E. Termination. The licenses granted in Section 2C above apply only to the extent that you continue to own the applicable Purchased Blankos Asset (including the underlying NFT). If at any time you sell, trade, give away, transfer, or otherwise dispose of your Purchased Blankos Asset for any reason, such licenses will immediately expire without the requirement of notice, and you will have no further rights in or to the Purchased Blankos Asset, including any Copyrightable Elements or Third Party IP incorporated or embodied therein. The licenses granted in Section 2C above will also automatically terminate if: (i) you transfer, sell, donate or otherwise dispose of the Purchased Blankos Asset in a way not allowed specifically under these Terms; (ii) you breach any of these Terms; or (iii) you otherwise engage in any unlawful business practice related to the Purchased Blankos Asset (or, any Copyrightable Elements or Third Party IP incorporated therein). Upon any such license termination, your rights to use any Purchased Blankos Asset in the Game will also terminate, but it will not affect your ownership rights in the NFTs underlying such Purchased Blankos Asset.
F. Feedback. You may choose to submit comments, bug reports, ideas or other feedback about the Game, including without limitation about how to improve the Game (collectively, “Feedback”). By submitting any Feedback, you agree that we are free to use such Feedback at our discretion and without additional compensation to you, and to disclose such Feedback to third parties (whether on a non-confidential basis, or otherwise). You hereby grant us a perpetual, irrevocable, nonexclusive, worldwide license under all rights necessary for us to incorporate and use your Feedback for any purpose.
G. Your Obligations. You agree that you are responsible for your own conduct while accessing or using the Game, and for any consequences thereof. You agree to use the Game only for purposes that are legal, proper and in accordance with these Terms and any applicable laws or regulations. By way of example, and not as a limitation, you may not, and may not allow any third party to: (i) send, upload, distribute or disseminate any unlawful, defamatory, harassing, abusive, fraudulent, obscene, or otherwise objectionable content; (ii) distribute viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other items of a destructive or deceptive nature; (iii) impersonate another person (via the use of an email address or otherwise); (iv) upload, post, transmit or otherwise make available through the Game any content that infringes the intellectual proprietary rights of any party; (v) use the Game to violate the legal rights (such as rights of privacy and publicity) of others; (vi) engage in, promote, or encourage illegal activity (including, without limitation, money laundering); (vii) interfere with other users' enjoyment of the Game; (viii) exploit the Game for any unauthorized commercial purpose; (ix) modify, adapt, translate, or reverse engineer any portion of the Game; (x) remove any copyright, trademark or other proprietary rights notices contained in or on the Game or any part of it; (xi) reformat or frame any portion of the Game; (xii) display any content on the Game that contains any hate-related or violent content or contains any other material, products or services that violate or encourage conduct that would violate any criminal laws, any other applicable laws, or any third party rights; (xiii) use any robot, spider, Game search/retrieval application or other device to retrieve or index any portion of the Game or the content posted on the Game, or to collect information about its users for any unauthorized purpose; (xiv) create user accounts by automated means or under false or fraudulent pretenses; or (xv) access or use the Game for the purpose of creating a product or service that is competitive with any of our products or services. If you engage in any of the activities prohibited by this Section, we may, at our sole and absolute discretion, without notice to you, and without limiting any of our other rights or remedies at law or in equity, immediately suspend or terminate your user account and/or delete your Blankos’ images and descriptions from the Game, as well as your rights to use any Purchased Blankos Asset in the Game. If we delete your Blankos’ images and descriptions from the Game or suspend or terminate your right to use any Purchased Blankos Asset in the Game, such deletion, suspension or termination will not affect your ownership rights in any NFTs underlying any Purchased Blankos Asset.
3. PURCHASE TRANSACTIONS; BLANKOS VIRTUAL CURRENCY AND REWARDS; TERMS OF SALE; FEES, PAYMENT AND TAXES
A. Initial Purchase; Primary Transactions; Blankos Virtual Currency. Blankos Assets may be initially acquired through the Game by purchasing Blankos virtual currency (“Blankos VC”) using your Game Account and related payment mechanism on the applicable third party platform for the Game (e.g., PC, console or mobile platform) (“Third Party Platform Account”) which is linked to your Game Account, or if permitted by Mythical, using a linked third party payment service provider account (e.g., PayPal or a credit card or other payment means accepted by us, such as a debit card, prepaid payment card, or a promotional code or gift card).
B. Blankos VC Terms. By purchasing Blankos VC, you agree as follows: (i) such monetary amounts constitute prepayment for goods and/or services offered by the Game and may be used solely in the Game for purposes of purchasing Blankos Assets; (ii) such monetary amounts may not be withdrawn at any time, may not be redeemed for cash or other currency, and are not refundable (unless required by law), and are non-transferable to any other person or account. In addition, you agree that Mythical may impose limitations or restrictions on the amount or value of VC that you may store or maintain in any of your Game Accounts at any time, and we may change any of these amounts or value at any time without notice to you.
C. Blankos Rewards. The Game may also enable you to earn and accumulate rewards (through, for example, as promotions or achievement or completion of Game transactions, activities or tasks), which may be in the form of Blankos VC or other Virtual Items, that may be, if expressly permitted by the Game and the applicable type of reward, redeemed towards acquisitions of certain Blankos Assets and/or for the receipt of other in-Game benefits (collectively, "Blankos Rewards"). From time to time, we, or our partners acting with our permission, may also offer you special promotions that offer you additional "Bonus Blankos Rewards". The promotional Bonus Blankos Rewards will be awarded as described in the applicable promotional offer and will be subject to any additional terms set forth in such promotional offer.
Blankos Rewards Additional Terms:
There are no participation or membership fees associated with Blankos Rewards. Blankos Rewards are promotional, have no cash value (other than for use in the acquisition of Blankos Assets, if applicable and expressly permitted), and cannot be redeemed for cash. In addition, your redemption of Blankos Rewards accrued in connection with Blankos Rewards cannot be combined with any other offers or discounts that are applicable to the Rewards for which you are redeeming such Blankos Rewards, unless otherwise expressly indicated by Blankos. Your Blankos Rewards, and your Blankos Rewards account (if applicable) are personal to you and may not be sold, transferred or assigned to, or shared with, family, friends or others, or used by you for any commercial purpose. Unless otherwise expressly permitted by Mythical, Blankos Rewards accrued in your Blankos Rewards account expire six (6) months after the calendar month in which such Blankos Rewards were earned. The oldest accrued Blankos Rewards will be used first for redemptions.
Without notice to you, we reserve the right to suspend and/or terminate your Blankos Rewards account and/or your participation in Blankos Rewards if we determine, in our sole discretion, that you have violated these Terms or that the use of your Blankos Rewards account is unauthorized, deceptive, fraudulent or otherwise unlawful. Blankos may, in its sole discretion, suspend, cancel or combine Blankos Rewards accounts that appear to be duplicative. In the event that your participation in Blankos Rewards is terminated, all accrued Blankos Rewards in your Blankos Rewards account are void. Without notice to you, we also reserve the right to "unregister" and make ineligible for Blankos Rewards any Blankos Rewards account that has been inactive for two (2) consecutive years. Inactivity is defined as no Blankos Rewards earned during such two (2) consecutive year period. In the event that your Blankos Rewards account is unregistered or rendered inactive, all accrued Blankos Rewards in your Blankos Rewards account are void. We reserve the right to change, modify, discontinue or cancel Blankos Rewards or any part of our Blankos Rewards program, at any time and in our sole discretion, without notice to you.
D. Secondary Market Transactions. If expressly authorized by Mythical, the Game and the laws or regulations of the state, country or other jurisdiction in which you reside or access the Game, Blankos Assets may be subsequently bought and sold in Mythical approved or sanctioned secondary markets, including without limitation, in a Mythical in-Game or web-hosted marketplace (using, for example, your Third Party Platform Account or a linked third party payment service provider account (e.g., PayPal or other payment means accepted by us, such as prepaid payment card or a promotional code or gift card)), fiat currency-based reseller markets or platforms (e.g., eBay), and/or cryptocurrency based marketplaces (e.g., EOS) (“Secondary Marketplace(s)”). The rules of buying and selling Blankos Assets in Secondary Marketplaces after they are initially sold by us will continue to be governed by the associated Smart Contracts and the applicable terms and conditions, including payment mechanisms and third party payment processing services, payment currency, terms and requirements, and applicable fees or charges, and other account registration or technical requirements, of the Secondary Marketplaces. For transactions in Secondary Marketplaces, to the extent necessary, you agree that Mythical is authorized and appointed to act as your agent for the limited purpose of collecting and receiving payments owed to you by a buyer of a Blankos Asset on your behalf for payment to you. You also agree that any payments to Mythical on your behalf will be treated by you as if payment was made directly to you and that you will have no recourse against a buyer of the Blankos Asset, to the extent of the amount received by Mythical on your behalf, and that delivery of money to Mythical by the buyer (or the buyer’s agent) will satisfy the buyer’s payment obligation to you. In no event may you transfer or resell any redemption link provided to through any Secondary Marketplace for your Purchased Blankos Asset (it being expressly understood that you must have or create a valid Game Account and redeem your Purchased Blankos Asset through the Game prior to having the ability to resell or transfer such Blankos Asset on any other Secondary Marketplace).
E. Resale Transactions; Control Over Secondary Marketplace Transactions; Smart Contract Restrictions. Mythical does not generally control any transactions in Secondary Marketplaces. Accordingly, neither we nor our Third Party IP licensors or third party platform providers assume any responsibility for or will have any liability to you or (anyone else) as a result of any Secondary Marketplace transactions that you engage in. We do not provide any of the payment processing services (all such services are provided by licensed third party payment processing companies, e.g., Paypal or Hyperwallet), will have no control over these payments or transactions, the prices or value of Blankos Assets in any Secondary Marketplaces, nor do we in most cases have the ability to cancel or reverse any transactions. With that in mind, we will have no liability to you or to any third party for any claims or damages that may arise as a result of any Secondary Marketplace transactions (including any payment processing services) that you engage in via the Game, or using the Smart Contracts. Notwithstanding the foregoing, Mythical retains the right in its sole discretion (including, without limitation, to prevent fraud, to comply with applicable laws or regulations in the jurisdiction in which you reside or from which you access the Game, or if required by a Third Party IP licensor, service or platform provider), via its Smart Contracts or otherwise, to place daily, monthly or other frequency of value or volume transactional limits or holding periods on the sale, transfer, and purchase of Blankos Assets, cancel or reverse sales transactions, suspend the sale of Blankos Assets by certain Game Account holders, or impose other conditions, restrictions or prohibitions on the purchase, transfer, or sale of Blankos Assets (including, without limitation, prohibit or restrict your sale of a Blankos Asset if applicable laws or regulations would preclude such sale), and Mythical will have no liability to you or to any third party as a result of having taken any such actions.
F. TERMS OF SALE. ALL PURCHASES OF BLANKOS ASSETS MADE THROUGH THE GAME ARE FINAL AND NON-REFUNDABLE, EXCEPT AS REQUIRED BY APPLICABLE LAW OR INSTANCES IN WHICH THERE IS DOCUMENTED AND VERIFIED FRAUD AND THE SMART CONTRACT ENABLES COMPANY TO REVERSE OR CANCEL THE TRANSACTION. NEVERTHELESS YOU ACKNOWLEDGE THAT COMPANY DOES NOT IN MOST CASES HAVE THE ABILITY TO REVERSE OR CANCEL A TRANSACTION AND IS NOT REQUIRED OR OBLIGATED TO PROVIDE A REFUND OF ANY PURCHASE FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED AMOUNTS IN A GAME ACCOUNT (INCLUDING ANY UNUSED BLANKOS REWARDS) WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
G. Fees and Commissions. In addition to the fees or charges of a Secondary Marketplace, each time you sell a Blankos Asset in a Secondary Marketplace, Mythical will collect a percentage commission of the total value of that transaction (each, a “Commission”). You acknowledge and agree that the Commission will be transferred directly to us via the Smart Contract.
H. Taxes and Fees. As between us, you will be solely responsible to pay any and all sales, use, value-added and other taxes, duties, and assessments (except taxes on our net income) now or hereafter claimed or imposed by any governmental authority associated with your use of the Game (including, without limitation, any taxes that may become payable as the result of your ownership, transfer, sale or purchase of any Blankos Assets) (collectively, “Taxes”). You: (i) will pay or reimburse us for all Taxes and amounts levied in lieu thereof based on charges set, services performed or payments made hereunder, as are now or hereafter may be imposed under the authority of any national, state, local or any other taxing jurisdiction; and (ii) shall not be entitled to deduct the amount of any such Taxes from payments made to us pursuant to these Terms. Mythical reserves the right to deduct from your sales proceeds any required Taxes and collect and remit such amounts to the appropriate governmental authorities without liability or reimbursement to you.
You may terminate these Terms at any time by canceling your account on the Game and discontinuing your access to and use of the Game. You will not receive any refunds if you cancel your account, or otherwise terminate these Terms. You agree that we, in our sole discretion and for any or no reason, may terminate these Terms and suspend and/or terminate your account(s) for the Game. You agree that any suspension or termination of your access to the Game may be without prior notice, and that we will not be liable to you or to any third party for any such suspension or termination. If we terminate these Terms or suspend or terminate your access to or use of the Game due to your breach of these Terms or any suspected fraudulent, abusive, or illegal activity, then termination of these Terms will be in addition to any other remedies we may have at law or in equity. Upon any termination or expiration of these Terms, whether by you or us, you may no longer have access to information that you have posted on the Game or that is related to your account, and you acknowledge that we will have no obligation to maintain any such information in our databases or to forward any such information to you or to any third party.
A. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR ACCESS TO AND USE OF THE GAME (INCLUDING, BUT NOT LIMITED TO, YOUR PURCHASE OF ANY BLANKOS ASSETS) IS AT YOUR SOLE RISK, AND THAT THE GAME AND ANY SECONDARY MARKETPLACE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE, OUR SUBSIDIARIES, AFFILIATES, PARTNERS, PUBLISHERS, AND LICENSORS MAKE NO EXPRESS WARRANTIES AND HEREBY DISCLAIM ALL IMPLIED WARRANTIES REGARDING THE GAME (INCLUDING, WITHOUT LIMITATION, ANY SMART CONTRACT, SECONDARY MARKETPLACE OR ANY EXTERNAL WEB SITES OR APPS), INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, CORRECTNESS, ACCURACY, AVAILABILITY OR RELIABILITY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE, OUR SUBSIDIARIES, AFFILIATES, PARTNERS, PUBLISHERS AND LICENSORS DO NOT REPRESENT OR WARRANT OR GUARANTEE TO YOU THAT: (I) YOUR ACCESS TO OR USE OF THE GAME WILL MEET YOUR REQUIREMENTS, (II) YOUR ACCESS TO OR USE OF THE GAME WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (III) USAGE DATA PROVIDED THROUGH THE GAME WILL BE ACCURATE, (III) THE GAME OR ANY CONTENT, SERVICES, OR FEATURES MADE AVAILABLE ON OR THROUGH THE GAME ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (IV) THAT ANY DATA THAT YOU DISCLOSE WHEN YOU USE THE GAME WILL BE SECURE, OR (V) THE EXISTENCE OR AVAILABILITY OF A SECONDARY MARKETPLACE TO SELL YOUR PURCHASED BLANKOS ASSETS AT ANY GIVEN TIME OR IN ANY PARTICULAR STATE, COUNTRY OR REGION (DUE TO, AMONG OTHER THINGS, LEGAL, REGULATORY OR OTHER PROHIBITIONS OR CONDITIONS IMPOSED ON SUCH RESALE OR TRANSFER OR OPERATION OF SUCH SECONDARY MARKETPLACE), OR IF SUCH SECONDARY MARKETPLACE IS AVAILABLE, THAT YOUR PURCHASED BLANKOS ASSET WILL HAVE ANY PARTICULAR RESALE VALUE IN SUCH SECONDARY MARKETPLACE. 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.
B. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET, AND AGREE THAT WE HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY BREACH OF SECURITY UNLESS IT IS DUE TO OUR GROSS NEGLIGENCE.
C. WE (AND OUR LICENSORS) WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSSES YOU INCUR AS THE RESULT OF YOUR PURCHASE OF ANY BLANKOS ASSETS OR USE OF ANY SECONDARY MARKETPLACES, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (i) USER ERROR, SUCH AS FORGOTTEN PASSWORDS OR INCORRECTLY CONSTRUED SMART CONTRACTS OR OTHER TRANSACTIONS; (ii) SERVER FAILURE OR DATA LOSS; (iii) CORRUPTED WALLET FILES; (iv) UNAUTHORIZED ACCESS OR ACTIVITIES BY THIRD PARTIES, INCLUDING BUT NOT LIMITED TO THE USE OF VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK AGAINST THE GAME, MARKETPLACES OR NETWORKS; (V) INABILITY OR RESTRICTIONS ON YOUR ABILITY TO RESELL OR TRANSFER ANY PURCHASED BLANKOS ASSETS DUE TO LEGAL, REGULATORY OR OTHER PROHIBITIONS OR CONDITIONS IMPOSED ON SUCH RESALE OR TRANSFER OR OPERATION OF SUCH SECONDARY MARKETPLACE.
D. BLANKOS ASSETS ARE INTANGIBLE DIGITAL ASSETS THAT EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED ON THE MYTHICAL BLOCKCHAIN AND SMART CONTRACTS. ALL SMART CONTRACTS ARE CONDUCTED AND OCCUR ON A DECENTRALIZED LEDGER. WE HAVE NO CONTROL OVER AND MAKE NO GUARANTEES OR PROMISES WITH RESPECT TO SMART CONTRACTS WHEN DEPLOYED IN SECONDARY MARKETPLACES.
E. MYTHICAL AND ITS LICENSORS ARE NOT RESPONSIBLE FOR LOSSES DUE TO BLOCKCHAINS OR ANY OTHER FEATURES OF SECONDARY MARKETPLACES, OR ANY LOSS OR DECLINE IN ECONOMIC VALUE ASSOCIATED WITH YOUR PURCHASED BLANKOS ASSETS.
F. MYTHICAL CANNOT GUARANTEE THAT YOU WILL BE PERMITTED BY APPLICABLE LAW TO SELL OR TRANSFER YOUR PURCHASED BLANKOS ASSET AT ANY GIVEN TIME, AND IT IS POSSIBLE THAT YOU MAY NEVER BE PERMITTED TO SELL OR TRANSFER YOUR PURCHASED BLANKOS ASSET IF PROHIBITED BY LAWS OR REGULATIONS APPLICABLE TO MYTHICAL, YOU, THE GAME, THIRD PARTY LICENSORS AND/OR THE SECONDARY MARKETPLACE(S).
6. LIMITATION OF LIABILITY
A. YOU UNDERSTAND AND AGREE THAT WE, OUR SUBSIDIARIES, AFFILIATES, AND LICENSORS WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES WHICH YOU MAY INCUR, HOWSOEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF PROFITS (WHETHER INCURRED DIRECTLY OR INDIRECTLY), LOSS OF GOODWILL OR BUSINESS REPUTATION, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR ANY OTHER INTANGIBLE LOSS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
B. YOU AGREE THAT OUR AND OUR AFFILIATES’ AND LICENSORS’ TOTAL, AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR ACCESS TO OR USE OF (OR YOUR INABILITY TO ACCESS OR USE) ANY PORTION OF THE GAME, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, IS LIMITED TO THE GREATER OF (A) THE AMOUNTS YOU ACTUALLY PAID US UNDER THESE TERMS IN THE 12 MONTH PERIOD PRECEDING THE DATE THE CLAIM AROSE, OR (B) $100.
C. YOU ACKNOWLEDGE AND AGREE THAT WE HAVE MADE THE GAME 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 GAME TO YOU WITHOUT THESE LIMITATIONS.
D. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND SOME JURISDICTIONS ALSO LIMIT DISCLAIMERS OR LIMITATIONS OF LIABILITY FOR PERSONAL INJURY FROM CONSUMER PRODUCTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO PERSONAL INJURY CLAIMS.
7. ASSUMPTION OF RISK
You accept and acknowledge each of the following:
A. The prices of blockchain digital assets are extremely volatile. Fluctuations in the price or value of other digital assets could materially and adversely affect the value of your Blankos Assets, especially in Secondary Marketplaces, which may also be subject to significant price volatility. We cannot guarantee that any Blankos Assets will not lose money or economic value, or have any economic value whatsoever.
B. You are solely responsible for determining what, if any, taxes apply to your Blankos Assets-related transactions. Mythical is not responsible for determining the taxes that apply to your transactions on the Game or via Smart Contracts.
C. There are risks associated with transactions in Secondary Marketplaces, including, but not limited to, the effects of varying laws and regulations, 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 your personal or financial information. You accept and acknowledge that Mythical will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience, however caused.
D. A lack of use or public interest in the creation and development of distributed ecosystems could negatively impact the development of the Blankos ecosystem, and therefore the potential utility or value of Blankos Assets.
E. The regulatory regime governing the purchase, sale and transfer of digital assets, issuance, exchange and transmission of virtual currencies, blockchain technologies, and NFTs is uncertain and varies widely from jurisdiction to jurisdiction, and new regulations or policies may materially adversely affect the development of the Blankos ecosystem, and therefore the potential utility, value and/or transferability of Purchased Blankos Assets. Due to legal and regulatory restrictions, among other things, there is no guarantee of the existence or availability of a Secondary Marketplace for the resale of your Purchased Blankos Assets at any given time or in any particular state, country or region, and even if such Secondary Marketplace is available, there is no guarantee that your Purchased Blankos Assets will have any particular resale value in such Secondary Marketplace.
F. Upgrades by blockchain platforms or Secondary Marketplaces, or changes in how transactions are confirmed on such platforms may have unintended, adverse effects on all blockchains, including the Blankos ecosystem.
8. CHANGES TO THE TERMS
We may make changes to these Terms from time to time. When we make changes, we will make the updated Terms available on the Game and update the “Last Updated” date at the beginning of these Terms accordingly. Please check these Terms periodically for changes. Any changes to the Terms will apply on the date that they are made, and your continued access to or use of the Game after the Terms have been updated will constitute your binding acceptance of the updates. If you do not agree to any revised Terms, you may not access or use the Game.
9. CHANGES TO THE GAME
We are constantly innovating the Game (including any Mythical hosted Secondary Marketplaces) to help provide the best possible experience. You acknowledge and agree that the form and nature of the Game (including Secondary Marketplaces), and any parts of it, may change from time to time without prior notice to you, and that we may add new features and change any parts of the Game at any time without notice.
10. AGE REQUIREMENTS
You affirm that you are over the age of 13, as the Game is not intended for children under 13. IF YOU ARE 13 OR OLDER BUT UNDER THE AGE OF 18, OR THE LEGAL AGE OF MAJORITY WHERE YOU RESIDE IF THAT JURISDICTION HAS AN OLDER AGE OF MAJORITY, THEN YOU AGREE TO REVIEW THESE TERMS WITH YOUR PARENT OR GUARDIAN TO MAKE SURE THAT BOTH YOU AND YOUR PARENT OR GUARDIAN UNDERSTAND AND AGREE TO THESE TERMS. YOU AGREE TO HAVE YOUR PARENT OR GUARDIAN REVIEW AND ACCEPT THESE TERMS ON YOUR BEHALF. IF YOU ARE A PARENT OR GUARDIAN AGREEING TO THE TERMS FOR THE BENEFIT OF A CHILD OVER 13, THEN YOU AGREE TO AND ACCEPT FULL RESPONSIBILITY FOR THAT CHILD'S USE OF THE GAME, INCLUDING ALL FINANCIAL CHARGES, PURCHASE AND SALE TRANSACTIONS, AND LEGAL LIABILITY THAT HE OR SHE MAY INCUR. WE RESERVE THE RIGHT IN OUR SOLE DISCRETION, INCLUDING, WITHOUT LIMITATION, IF REQUIRED BY A THIRD PARTY (E.G., PAYMENT SERVICE PROVIDER, THIRD PARTY PLATFORM, OR OPERATOR OF A SECONDARY MARKETPLACE) OR BY LAW OR REGULATION, TO IMPOSE ADDITIONAL AGE REQUIREMENTS OR RESTRICTIONS ON YOUR ENGAGEMENT IN CERTAIN EVENTS OR TRANSACTIONS ASSOCIATED WITH THE GAME (E.G., REQUIRING SOMEONE TO BE 18 YEARS OF AGE IN ORDER TO PARTICIPATE IN A SECONDARY MARKETPLACE TRANSACTION).