ETH Fighter Terms of Use

Date last edited - 11/08/2020

ETH Fighter is a distributed application that can be used on this website ( collectively named the “Dapp”) built upon smart contracts (singularly “Smart Contract”) on the Ethereum network allowing users to purchase, own and transfer characters (“Fighters”) which can then be seen, used and interacted with, along with other users on this website. The Digital Asset Group ("we", or "us") has made the dapp available to users.

Before using any part of ETH Fighter (the dapp, smart contracts or website) you must agree to these Terms of User (the “terms”). It is your responsibility to read the terms carefully and thoroughly before using the Dapp, website or smart contracts. By using the Dapp, smart contracts or the website, or by indicating your acceptance within the app, you are confirming your acceptance of these terms and are therefore bound by them. If accepting these terms on behalf of another company or legal entity you are agreeing that you have the authority to accept the terms on that entity’s behalf. If you do not have this authority, you must not accept these terms and we cannot make the dapp, smart contracts and website available to you. You must not access the dapp, smart contracts or website if you have now agreed to these terms.

The Dapp

  • The Dapp must be used on a web browser such as Google Chrome, Safari, Firefox or similar.
  • You will also need to acquire an electronic wallet on the Ethereum network that is compatible with Non-Fungible Tokens (NFT). We recommend MetaMask. Electronic wallets allow you to purchase, store and engage in Ethereum cryptocurrency transactions and without it you will not be able to use the Dapp.
  • Any purchases made on the Dapp are managed via the Ethereum blockchain and you understand that your electronic wallet address is publicly visible when engaging in purchases within the Dapp.
  • We do not own or are we in control of MetaMask or other third party electronic wallets, your web browser, the Ethereum network or any other third party product or service that you access in order to use the Dapp and therefore we are not liable for any damage, acts of omissions or interactions that you may have with any such third parties.
  • You must ensure all information provided at registration is accurate and correct and it is your responsibility to maintain and update this information if it changes.
  • You are entirely responsible for the security of your ETH Fighter account and electronic wallet. If you become aware of any unauthorized use of your password or of your account with us, you agree to notify us immediately at info@ethfighter.com.

The Fighters

  • Our staggered launch utilises smart contracts and we will release Fighters, making them available to purchase, on the first day of launch of the Dapp. Further additional fighters will be released throughout the launch.
  • Fighters vary in commonality meaning the total quantity of each fighter available, the skill levels and attributes of each Fighter are predefined in advance as part of the Smart Contract and we, therefore, cannot manipulate or influence them once launched.

Ownership, License and Restrictions

  • Definitions

    For the purposes of this Section 3, the following capitalized terms will have the following meanings:

    • “Artwork” means any art, design, and drawings that may be associated with a Fighter that you Own.
    • “Extensions” means third party designs that: (i) is intended for use as extensions or overlays to the Artwork, (ii) do not modify the underlying Artwork, and (iii) can be removed at any time without affecting the underlying Artwork.
    • “Own” means, with respect to a Fighter, a Fighter that you have purchased or otherwise rightfully acquired from a legitimate source, where proof of such purchase is recorded on the relevant blockchain.
    • “Purchased Character” means a Fighter that you Own.
    • “Third Party IP” means any third party patent rights (including, without limitation, patent applications and disclosures), copyrights, trade secrets, trademarks, know-how or any other intellectual property rights recognized in any country or jurisdiction in the world.

  • Ownership

    The user owns the NFT

    • Each Fighter is a non-fungible token (an “NFT”) on the Ethereum blockchain. When you purchase a Fighter, you own the NFT in its entirety meaning you are able to trade, sell or give away your Fighter. We do not mediate your ownership, nor will we modify or freeze your Fighter - this is entirely managed by the smart contract and Ethereum network.

    The Digital Asset Group has ownership of the Dapp

    • As a user, you accept that The Digital Asset Group, and any applicable licensors, own the legal rights and interest to the Dapp in its entirety, therefore, all intellectual property rights (including, without limitation, all Artwork, designs, systems, methods, information, computer code, software, services, “look and feel”, organization, compilation of the content, code, data, and all other elements of the Dapp (collectively, the “The Digital Asset Group Assets”). You acknowledge that The Digital Asset Group Assets are protected by copyright, trade dress, patent, and trademark laws, international conventions, other relevant intellectual property and proprietary rights, and applicable laws. All The Digital Asset Group Assets are the copyrighted property of The Digital Asset Group or its licensors, and all trademarks, service marks, and trade names associated with the Dapp or otherwise contained in The Digital Asset Group Materials are proprietary to The Digital Asset Group or its licensors. Except if agreed expressly with you, your use of the Dapp does not grant you ownership of any other rights with respect to any content, code, data, or other Digital Asset Group Assets that you may access on or through the Dapp. We reserve all rights in and to The Digital Asset Group Assets that are not expressly granted to you in these terms. Your purchase of a Fighter via the Dapp does not give you any rights or licenses to The Digital Asset Group Assets (including, without limitation, our copyright in and to the associated Artwork) other than those expressly contained in these terms. You also do not have the right, except as otherwise set forth in these terms, to reproduce, distribute, or otherwise commercialize any elements of The Digital Asset Group Assets (including, without limitation, any Artwork) without our prior written consent in each case, which consent we may withhold in our sole and absolute discretion. Finally, you will not apply for, register, or otherwise use or attempt to use any of The Digital Asset Group 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.

  • Other Terms of License

    The license granted in the License to ETH Fighter Artwork section above applies only to the extent that you continue to Own the applicable Purchased Character. If at any time you sell, trade, donate, give away, transfer, or otherwise dispose of your Purchased Character for any reason, the license granted in the License to Artwork section above will immediately expire with respect to that Fighter without the requirement of notice, and you will have no further rights in or to the Artwork for that Fighter. If you exceed the $100,000 limitation on annual gross revenue set forth in the License to Artwork section above, you will be in breach of these Terms, and must send an email to The Digital Asset Group at info@ethfighter.com within forty-five days, with the phrase “Fighter License - Commercial Use” in the subject line, requesting a discussion with The Digital Asset Group regarding entering into a broader license agreement or obtaining an exemption (which may be granted or withheld in The Digital Asset Group’s sole and absolute discretion). If you exceed the scope of the license grant in the License to ETH Fighter Artwork section above (ii) without entering into a broader license agreement with or obtaining an exemption from The Digital Asset Group, you acknowledge and agree that: (i) you are in breach of these Terms; (ii) in addition to any remedies that may be available to The Digital Asset Group at law or in equity, The Digital Asset Group may immediately terminate the license that was granted to you in the License to ETH Fighter Artwork section above, without the requirement of notice; and (iii) you will be responsible to reimburse The Digital Asset Group for any costs and expenses incurred by The Digital Asset Group during the course of enforcing these Terms against you.

Feedback

  • You may wish to contact us with suggestions, improvements, comments, reports, bugs, ideas (collectively, “Feedback”) or any other feedback about the Dapp. By getting in touch and submitting your Feedback to us you agree we are free to use such Feedback without compensation to you and you also agree that this Feedback may be disclosed to third parties. 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.

Your Conduct and Responsibilities

  • When accessing or using the Dapp, you agree that you are solely responsible for your own actions and for any consequences thereof. You agree only to use the Dapp for purposes that are legal and proper and not in a way that is in breach of these terms or any laws or regulations. Examples of inappropriate conduct whilst using the app include but are by no means limited to: (i) sending, uploading, distributing or disseminating any unlawful, defamatory, harassing, abusive, fraudulent, obscene, or otherwise inappropriate content; (ii) distributing viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other items of a destructive or deceptive nature; (iii) impersonating another person (via the use of an email address, username or otherwise); (iv) upload, post, transmit or otherwise make available through the Dapp any content that infringes the intellectual proprietary rights of any party; (v) using the Dapp 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) interfering with other users' enjoyment of the Dapp; (viii) exploiting the Dapp for any unauthorized commercial purpose; (ix) modifying, adapting, translating, or reverse engineering any portion of the Dapp; (x) removing any copyright, trademark or other proprietary rights notices contained in or on the Dapp or any part of it; (xi) reformatting or frame any portion of the Dapp; (xii) displaying any content on the Dapp 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) using any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Dapp or the content posted on the Dapp, or to collect information about its users for any unauthorized purpose; (xiv) creating user accounts by automated means or under false or fraudulent pretenses; or (xv) accessing or using the Dapp for the purpose of creating a competitor product or service. If you engage in any of the aforementioned offences, 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 from the Dapp and the Site. If we delete your images and descriptions from the Dapp and/or the Site, such deletion will not affect your ownership rights in any NFTs that you already Own.

Fees and Payment

  • Purchasing and trading Fighters on the Dapp is done so solely on the Ethereum network. We have no control or influence over any transactions made and do not have the ability to process refunds or reverse transactions made on the network. We are therefore not liable to you or any third party for claims or damages resulting from any transactions that you engage with on the Dapp or indeed when using the Smart Contracts or any other transactions that you conduct across the Ethereum network.
  • Ethereum takes a Gas Fee aka a transaction fee for every transaction that takes place on the Ethereum network. The fee is applicable to each transaction made on the Dapp. Gas Fee revenue funds the computers that run the decentralized Ethereum network.
  • Separate to the Gas Fee and in addition, each time you trade or purchase from the ETH Fighter marketplace, you authorize us to collect a commission 4% of the total value of that transaction. You agree that this commission is to be transferred directly to us as part of the transaction you make through the Ethereum Network. We will only collect a commission on interactions that involve the ETH Fighter marketplace.
  • You will be solely responsible to pay any taxes (sales, value-added, duties or other) now or hereafter claimed or imposed by the governmental authority associated with you use of the Dapp. This 9ncludes any taxes that may become payable as a result of owning or trading any Fighters. Except for income taxes levied on The Digital Asset Group, you: (i) will pay or reimburse us for all national, federal, state, local or other taxes and assessments of any jurisdiction, including value-added taxes and taxes as required by international tax treaties, customs or other import or export 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, duties or assessments from payments made to us pursuant to these Terms. You confirm that you are not a resident in Canada nor are you registered for Goods and services tax / Harmonized sales tax (GST / HST) or Provincial sales taxes (PST) in Canada, and will inform The Digital Asset Group if your status changes in the future.

Termination

  • You may cancel your account on the Dapp at any time and therefore terminate these terms. This will discontinue your access and use of the Dapp. There are no refunds available when cancelling your account or terminating these terms. We may at any time, for any reason and at our sole discretion terminate or suspend your account for the Dapp and you agree that this termination may be without prior notice. We will not be liable to you or any third party for any such suspension or termination. Should you breach these terms or behave in a fraudulent, abusive or illegal way, termination of your account with the Dapp and thus these terms will be in addition to any other legal action. Upon termination of your account and these terms, either by you or us, you will no longer be able to obtain access to the information you have posted within the Dapp or any content relating to the Dapp. You also acknowledge that we have no obligation or right to maintain such information in our databases or forwarded onto third parties upon termination of your account. Terms detailed in ‘The Dapp’ and ‘Ownership, License & Restrictions’ sections above will survive the termination or expiration of these Terms for any reason.

Disclaimers

  • You agree that your use and access to the Dapp is at your sole risk. We provide the dapp “as is” and “as available” without warranties. . To the fullest extent permissible pursuant to applicable law, we, our subsidiaries, affiliates, and licensors make no express warranties and hereby disclaim all implied warranties regarding the Dapp and any part of it (including, without limitation, the site, any smart contract, or any external websites), including the implied warranties of merchantability, fitness for a particular purpose, non-infringement, correctness, accuracy, or reliability. without limiting the generality of the foregoing, we, our subsidiaries, affiliates, and licensors do not represent or warrant to you that: (i) your access to or use of the dapp will meet your requirements, (ii) your access to or use of the dapp will be uninterrupted, timely, secure or free from error, (iii) usage data provided through the dapp will be accurate, (iii) the dapp or any content, services, or features made available on or through the dapp are free of viruses or other harmful components, or (iv) that any data that you disclose when you use the dapp 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.
  • You accept that using Dapps online and providing information online comes with security risks and agree that we have no responsibility or liability for any security breaches unless due to gross negligence on our part.
  • We will not be liable or responsible for losses that incur as a result of your use of the Ethereum network or electronic wallet. These include, and are by no means limited to, 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; or (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 dapp, Ethereum network, or the electronic wallet.
  • You accept that Fighters are intangible digital assets that exist only as per the transactional records held within the Ethereum network. Smart Contracts are also conducted on the decentralized ledger on the Ethereum Network and therefore we have no control, nor can we make any guarantees or promises with regards to Smart Contracts.
  • There are a number of activities conducted by the Ethereum Network and electronic wallet providers that The Digital Asset Group cannot and will not be responsible for including losses due to issues with the blockchain supporting the Ethereum Network, forks, technical node issues, or any other issues resulting in fund losses.

Limitation of Liability

  • 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.
  • You agree that our 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 dapp, 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.
  • You acknowledge and agree that we have made the dapp 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 dapp to you without these limitations.
  • 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.

Assumption of Risk

  • You accept and acknowledge each of the following:
    • Blockchain assets, their value and pricing is extremely volatile and fluctuations in the price of other other digit assets can materially, often adversely, affect the value of your Fighter. Therefore we cannot guarantee that you will not lose money when purchasing and trading Fighters on the ETH Fighter marketplace.
    • The Digital Asset Group is not responsible for determining the taxes that apply to your transactions on the Dapp, the Site, or the Smart Contracts. It is your responsibility to identify the taxes that apply to any ETH Fighter related transactions made.
    • The Dapp does not record or maintain records of your Fighters that have been purchased or traded. This exists only by virtue of the ownership record maintained on the Dapp’s supporting blockchain in the Ethereum Network. Any transfer of ETH Fighter occurs within the supporting blockchain in the Ethereum network, and not on the Dapp.
    • As with using any internet based currency, there are associated risks 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 The Digital Asset Group will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the Ethereum network, however caused.
    • Utility or value of Fighters can be affected by lack of public interest or lack of use. The development of distributed ecosystems could also negatively impact the development of the ETH Fighter ecosystem.
    • The regulators governing blockchain technologies, cryptocurrencies, and tokens are uncertain, and new regulations or policies may materially adversely affect the development of the ETH Fighter ecosystem, and therefore the potential utility or value of ETH Fighter.
    • Upgrades by Ethereum to the Ethereum platform, a hard fork in the Ethereum platform, or a change in how transactions are confirmed on the Ethereum platform may have unintended, adverse effects on all blockchains using the ERC-20 standard, including the ETH Fighter ecosystem.

Indemnification

  • You agree to hold harmless and indemnify The Digital Asset Group and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners from and against any claim, liability, loss, damage (actual and consequential) of any kind or nature, suit, judgment, litigation cost, and attorneys' fees arising out of or in any way related to (i) your breach of these Terms, (ii) your misuse of the Dapp, or (iii) your violation of applicable laws, rules or regulations in connection with your access to or use of the Dapp. You agree that The Digital Asset Group will have control of the defense or settlement of any such claims.

External sites

  • The Dapp may include resources and hyperlinks to other websites or sources and they are provided solely as a convenience to our users. We have no control over these external sites and you agree that we are not responsible for the availability or functionality of these external sites. As these resources are owned by third parties, we do not endorse any advertising, products or other materials on or made available from them and you acknowledge and agree that we are not liable for any loss or damage which may be incurred as a result of the availability or unavailability of these external sites or as a result of any reliance placed by you upon the completeness, accuracy or existence of any advertising, products or other materials on, or made available from, any external sites.

Changes to these Terms

  • These terms may change from time to time and we will indicate that we have done so by updating the “Date Last Edited” section at the top of these Terms. It is your responsibility to keep up to date with any changes to the terms, therefore, please check them periodically for updates and changes. The terms update as per the date the changes are made and thus your continued access and use of the Dapp results in your acceptance of the updates. If you do not agree to any revised Terms, you may not access or use the Dapp.

Changes to the Dapp

  • The Dapp is constantly improving to provide the best experience to users. We may add new features and change any part of the Dapp at any time without notice. You acknowledge and agree that the form and nature of the Dapp, and any part of it, may change from time to time without prior notice to you.

Children

You affirm that you are over the age of 18, as the dapp is not intended for anyone under 18. If you are 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 18, then you agree to and accept full responsibility for that child's use of the dapp, including all financial charges and legal liability that he or she may incur.

Privacy Policy

You agree to the collection, use, storage, and disclosure of your data in accordance with our Privacy Policy. 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.

Dispute Resolution & Arbitration

  • Please read this carefully. It requires you to arbitrate disputes with The Digital Asset Group and limits the manner in which you can seek relief from us. All disputes arising out of or in connection with these Terms, including without limitation your access or use of the Dapp, the Site, or the Smart Contracts, or to any products sold or distributed through the Dapp, the Site, or the Smart Contracts, which The Digital Asset Group cannot resolve upon receipt of a complaint, the parties agree to enter into mediation in good faith to settle such a dispute and will do so in accordance with the Centre for Effective Dispute Resolution (CEDR) Model Mediation Procedure. Unless otherwise agreed between the parties within 14 working days of notice of the dispute, the mediator will be nominated by CEDR.
  • With respect to any dispute arising out of or related to these terms, including without limitation disputes related to the dapp, the site, the smart contracts, or any products sold or distributed through the dapp, the site, or the smart contracts: (i) you hereby expressly give up your right to have a trial by jury; and (ii) you hereby expressly give up your right to participate as a member of a class of claimants in any lawsuit, including but not limited to class action lawsuits involving any such dispute.

General

  • These Terms are a legal agreement between you and The Digital Asset Group and they govern your access to and use of the Dapp, and completely replace any prior or contemporaneous agreements between the parties related to your access to or use of the Dapp, whether oral or written. There are no third-party beneficiaries to these Terms. The parties are independent contractors, and nothing in these Terms creates any agency, partnership, or joint venture. The language in these Terms will be interpreted as to its fair meaning, and not strictly for or against any party. You may not assign any or your rights or obligations under these Terms, whether by operation of law or otherwise, without our prior written consent. We may assign our rights and obligations under these Terms in our sole discretion to an affiliate, or in connection with an acquisition, sale or merger. Should any part of these Terms be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions will remain in full force and effect. Our failure to enforce any provision of these Terms will not be deemed a waiver of such provision, nor of the right to enforce such provision. These Terms shall be governed and construed in accordance with the laws of England and Wales. Subject to the ‘Dispute Resolution & Arbitration’ section above, each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this agreement or its subject matter or formation. We will not be liable for any failure or delayed performance of our obligations that result from any condition beyond our reasonable control, including, but not limited to, governmental action, acts of terrorism, earthquake, fire, flood, acts of God, labour conditions, power failures, Internet disturbances, or acts or omissions of third parties. You agree that we may provide you with notices (including, without limitation those regarding changes to these Terms) by email, regular mail, or postings on the Dapp. By providing us with your email address, you consent to our using the email address to send you any notices required by law in lieu of communication by postal mail.