CryptoServal is a distributed application that runs on Ethereum network, using specially-developed smart contracts to enable players to own, transfer, upgrade and progress unique animal cards (the “Assets” or “Animal Cards”) which can then be visualized on a website or in a mobile application that the user can interact with (the “Site”). The Smart Contracts and the Site are collectively referred to in these Terms as the “App”. Using the App, users can view their Assets and use the Smart Contracts to acquire, trade transfer and alter Assets with other App users. Before you can use the App, the Smart Contracts, or the Site, you need to agree to Terms of Use and sign them using your Ethereum account.
You must be at least 13 years old to use the Site or the App.
By using the Service, you must be either 18 years old or older, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into and comply with these Terms. 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 and legal liability for that child’s use of the Services.
Because CrytoServal is enabled by Smart Contract on the Ethereum platform, there are certain inherent risks. You acknowledge and agree that these risks include the following:
Certain fees are payable upon transactions, they are as follows:
We neither own nor control MetaMask, Coinbase, Google Chrome, Brave browser, the Ethereum network, or any other third-party site, product, or service that you might access, visit, or use for the purpose of enabling you to use the various features of the App. We are not liable for the acts or omissions of any third parties, and subsequently we are also not liable for any damage that you may suffer as a result of your transactions or any other interaction with any third parties.
You are solely responsible for all taxes, fees, duties and governmental assessments that are imposed or become due in connection with the your use of CryptoServal including any transactions involving Animal Cards (“Taxes”). You will pay or reimburse us for any and all such Taxes.
By using or participating in CryptoServal, you agreed to and are bound by these Terms. If you disagree with any of these Terms, do not use or participate in CryptoServal. There Terms may be updated from time to time, it is your duty to review these Terms regularly.
You may terminate these Terms at any time by canceling your account on the App and discontinuing your access to and use of the App. 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 for the App. We also reserve the right to terminate any user’s right to access the Site or Services at any time, in our discretion. If you violate any of these Terms, your permission to use the Site and Services would be automatically terminated.
If we terminate these Terms or suspend or terminate your access to or use of the App 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 App 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.
If you purchase, trade or alter Assets in the App, or with or from other users via the App, any financial transactions that you engage in will be conducted solely through the Ethereum network via MetaMask. We will have no insight into or control over these payments or transactions, nor we have the ability to 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 transactions that you engage in via the App, or using the Smart Contracts, or any other transactions that you conduct via the Ethereum network or MetaMask.
Ethereum requires the payment of a transaction fee (“Gas Fee”) for every transaction that occurs on the Ethereum network. The Gas Fee funds a network of computers that run the decentralized Ethereum network. This means that you will need to pay the Gas Fee for each transaction that occurs via the App.
In addition to the Gas Fee, each time you utilize a Smart Contract to conduct a transaction with another user via the App, you authorize us to collect a commission in the range of 0-8%, on average 5%, of the total value of that transaction. You acknowledge and agree that the Commission will be transferred directly to us through the Ethereum network as part of your payment. We will not collect a Commission for interactions that do not involve our App.
Any and all purchases are final and non-refundable. You agree to be solely responsible for any applicable taxes imposed on the Assets purchased hereunder. You shall pay any applicable taxes, including sales, use, personal property, value-added, excise, customs fees, import duties or stamp duties or other taxes and duties imposed by governmental agencies of whatever kind and imposed with respect to the transactions.
You acknowledge and accept that we reserve the right, at our own and complete discretion and at any time, to modify or to temporarily or permanently suspend or to eliminate the App or the selling of the Assets. We shall reserve the right to refuse selling the Assets to you without any explanation, at its sole and absolute discretion.
You must take appropriate actions for keeping safety of your login and password in the App and shall bear responsibility of their safety and confidentiality. All actions carried out with the use of your login and password, considered to be executed by you.
You accept and acknowledge each of the following risks:
We have valid, unrestricted and exclusive ownership of rights to use the patents, trademarks, trademark registrations, trade names, copyrights, know-how, technology and other intellectual property necessary to the conduct of selling of the Assets, of usage of the App and our activities generally. In no way shall these Terms of Use entitle you for any our intellectual property.
Our Privacy Policy describes the ways we collect, use, store and disclose your personal information, and is hereby incorporated by this reference into these Terms. You agree to the collection, use, storage, and disclosure of your data in accordance with our Privacy Policy.
Despite our efforts to maintain CryptoServal and provide you with the best services possible, We make no warranty that CryptoServal or the Site will be uninterrupted, timely or error-free, or that defects will be corrected. We disclaims any and all warranties, expressed or implied, in connection with the service which is provided to You on an as is basis. In no case we are liable for any special, incidental, indirect, punitive or consequential damages arising from your use of CryptoServal due to any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, hardware, software, failure due to technical problems or traffic congestion on the Internet, Site or CryptoServal.
Because CryptoServal is based on a cryptocurrency protocol, any malfunction, breakdown or abandonment of the cryptocurrency protocol may have a material adverse effect on the CryptoServal. Moreover, advances in cryptography, or technical advances such as the development of quantum computing, could present risks to CryptoServal, including the utility of CryptoServal for obtaining Services, by rendering ineffective the cryptographic consensus mechanism that underpins the cryptocurrency protocol. Therefore, We are not responsible for losses due to blockchains or any other features of the relevant Cryptocurrency network, including but not limited to late report by developers or representatives (or no report at all) of any issues with the blockchain supporting the relevant Cryptocurrency network, including forks, technical node issues, or any other issues having fund losses as a result.
A Force Majeure event (“Force Majeure Event”) is an event, or a series of related events, that is outside the reasonable control of the party affected (including failures of or problems with the Internet or a part of the Internet, hacker attacks, virus or other malicious software attacks, cryptocurrency network, power failures, industrial disputes affecting any third party, changes to the law, disasters, explosions, fires, floods, riots, terrorist attacks and wars).
We are not liable in any way for any Force Majeure Event. By using and/or participating in the CryptoServal, to the extent permitted by the applicable law, You acknowledge and agree that no other party (including, without limitation, We) is liable for any Force Majeure Event.
These Terms are governed by and constructed in accordance with the laws of Hong Kong Special Administrative Region (“HKSAR”). In case of dispute, You agree to submit to the jurisdiction of the courts of HKSAR.