The EtherStrike application runs on the Ethereum network and utilizes smart contracts with individual EtherStrike (ES) tokens (with each being known as a “Smart Contract”) to allow users to buy and own unique, one-of-a-kind planets, as well as to buy and own outputs of planets, specifically Population, Food Resources, and Energy Resources (known as “Smart Contract Attributes”, “Token Attributes”, or simply “Attributes”). Throughout these Terms of Service, the Smart Contracts and the Site hosting the game will be known as the “Game”.
Chainable Corp. (“We”) is making the Game available to you. By accessing the website at http://www.etherstrike.io, you are agreeing to be bound by these terms of service, all applicable laws and regulations and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.
Read these Terms of Service carefully and thoroughly prior to using the Game, 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 Game, 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 Game, 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 Game, this Site, or these Smart Contracts on another party’s behalf.
This game allows you to buy and collect digital assets. There is no guarantee that other players or anyone else will buy these assets from you. While some players speculate about their ability to resell their digital assets for a higher value in the future, there is no guarantee that another person will decide to buy your digital asset. If you choose to transfer Ether (ETH) in exchange for the token referred to in the game as “smart contract”, you must accept and understand the risk of potentially not being able to sell your “smart contract” in the future. You must also accept that your “smart contract” may be legally taken from you by another player through the course of gameplay. The game is designed for collectors who choose to pay for the ownership of a digital product referred to as a “smart contracts”. 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 game or the smart contract liable for any loss or damages. Play responsibly and do not spend more than you feel the digital asset is worth.
We have generated names to create unique, one-of-a-kind planet “Smart Contracts” which are represented by ES tokens on the Ethereum BlockChain. New planet Smart Contracts will be released as we deem fit. Each planet Smart Contract listed for sale may be purchased by you utilizing ether. You may purchase any planet Smart Contract listed for sale, and any other party may purchase a planet Smart Contract that you currently own if you have listed it for sale, and the other party is willing to pay the price (in ether) that you have specified. The price of the tokens, both those of players and those being released initially by the game’s creators, once listed for sale, is hard coded into the smart contract itself and cannot be changed by anyone, including the game’s creators, unless a sale is cancelled and reinitiated at a new price.
This Game 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 Game 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 Game. If you do not log on to the Game 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 Game, but you will not be able to interact with the Game in any way. Any and all transactions that take place in the Game occur via the Ethereum blockchain. You understand that due to the nature of blockchain, what you see in the on-screen interface of the Game may not always reflect the most recent information on the blockchain. You understand that by using the Game, your Ethereum public address will be made visible to other users of the Game as well as third parties each and every time you engage in a transaction on the Game. We do not own and we do not control any of the following third-party products used for the function of this Game: 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 Game. 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 Game. 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 Game. 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 email@example.com.
If you choose to purchase any planet “Smart Contract” on the Game, any and all transactions will be conducted through the Ethereum network utilizing a MetaMask electronic wallet directly to a Smart Contract on the blockchain, which is not controlled by the games creators. 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 Game and/or in regards to any of the planet 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 Game via our Site or without using the Game or our Site as a portal, you will still need to pay fee for any and every transaction you make on the Ethereum network. Every attempted transaction, whether successful or not, may require you to pay Gas. The smart contract keeps a 5% commission fee on the following transactions conducted through it, in addition to the Gas charged by the Ethereum network: Selling a planet “smart contract”, selling a planet “Attribute”. The creators of this website and game do not have access or control over these fees, as it is handled directly on the distributed blockchain network. WE DO NOT ACCEPT PAYMENTS DIRECTLY ON OUR WEBSITE.
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 Game. This includes, but is not limited to, any taxes, duties, and/or assessments that you become responsible for by owning or purchasing any planet Smart Contract or its Attributes. Excluding income taxes levied on Chainable Corp., by using this Game 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 Game.
By using this Game and this Site, you agree that you are completely and unequivocally responsible for your conduct during use of this Game and this Site, as well as any repercussions or consequences that occur because of said conduct. By using this Game 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 Game 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: upload or distribute any unlawful, defamatory, abusive, fraudulent, obscene, or otherwise objectionable content; distribute viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other items of a damaging or dishonest nature; impersonate another person in any way, shape, or form; upload, post, transmit or otherwise make available through the Game any content that infringes on the intellectual proprietary rights of any party, including Chainable Corp., any third party associated with us, and any user of the Game or the Site; use the Game to violate the legal rights of others or to engage in, promote, or encourage any type of illegal activity; use the Game for any unauthorized commercial purpose, or modify, adapt, translate, or reverse engineer any portion of the Game for any personal or commercial purposes; reformat or frame any portion of the Game, including remove any copyright, trademark or other proprietary rights notices contained in or on the Game; display any content on the Game that contains any hate-related or violent content; use any robot, spider, or other device or program to compile or index any portion of the Game or the content posted on the Game, or to collect information about its users for any purpose; create user accounts by automated means or under false or fraudulent pretenses; access or use the Game for the purpose of creating a product or service that is competitive with any of our products or services.
The only way to terminate the Terms contained herein is by cancelling your account on the Game and discontinuing any and all use or access to the Game. If you choose to cancel your account, you will not receive any refunds for any transactions made in the Game or any payments made to us. By using this Game, 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 Game, 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 Game 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.
By using this Game, you understand and agree that your access to and use of this Game is at your own risk. You acknowledge and accept that this Game is provided on an As-Is and As-Available basis, and that we make no express or implied warranty regarding this Game or access to this Game. We, and any party associated with us, make no warranty and disclaim any and all implied warranties regarding the Game, 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 Game will meet your requirements and/or expectations; your access to the Game 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.
By using this Game 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 Game 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 Game or this Site is limited to the sum of $100. By using this Game and this Site, you understand and agree that we have made this Game available to you and entered into these Terms with you as a way to provide the Game to you. These limitations of liability outlined in these Terms reflect a reasonable and fair allocation of risk between us and you.
In some cases, this Game 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.
As we deem necessary, we may make changes to these Terms. When we make these changes, the updated Terms will be available on the Game 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 Game 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.
We are always working toward improving and expanding the Game in order to provide you and our other users with the best, most robust experience. By using the Game and the Site, you understand and agree that any part of this Game 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 Game or the Site at any time without notice.
By using this Game and this Site, you affirm that you are over the age of 18. This Game and this Site are not intended for use by any child under the age of 18.
Title to the individual token and attendant smart contract, or smart contract attributes, will pass to the user in the U.S. Virgin Islands.
These Terms in their entirety constitute the legal agreement between you and Chainable Corp., and govern your access to and use of the Game and the Site. They replace any prior agreements between the parties related to your access to or use of the Game 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 U.S. Virgin Islands, 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 Game or the Site. By providing us with your email address, you consent to forgo receiving any notices via postal mail.