EBISUSBAY TERMS AND CONDITIONS
Last Updated: January 1, 2023
<![if !supportLists]>I. <![endif]>Introduction
These Terms contain very important information regarding your rights and obligations, as well as conditions, limitations and exclusions that might apply. Please read these Terms carefully.
EbisusBay is a peer-to-peer Web3 service provider which allows users to discover, buy, and sell non-fungible tokens (“NFTs”) on the Cronos blockchain. EbisusBay does not have custody or control over the NFTs or blockchains you are interacting with and We do not execute or effectuate purchases, transfers, or sales of NFTs. To buy or sell NFTs on the Website, you must use a third-party wallet which allows you to engage in transactions on the Cronos blockchain.
THESE TERMS ARE SUBJECT TO A MANDATORY ARBITRATION PROVISION AND CLASS ACTION WAIVER THAT WAIVES YOUR RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE OUR WEBSITE OR SERVICES.
<![if !supportLists]>II. <![endif]>Use of Website/Security
Use of the Website may require the connection of a supported digital wallet which will enable you to purchase and store collectibles that you purchase via the Website. You are responsible for security of your digital wallet and its contents. Transactions that take place on the Website are managed and confirmed via the Cronos blockchain, and EbisusBay has no ability to alter or obscure transactions on the Cronos blockchain. Your public wallet address will be visible whenever you engage in a transaction on the Website. Please be aware of the information you provide when entering into transactions and conduct yourself accordingly for your desired level of privacy
EbisusBay has no liability to you or to any third party for any claims or damages that may arise related to any payments or transactions that you engage in via the Website, or any other payment or transactions that you conduct via the Website or otherwise. EbisusBay is not responsible for any unauthorized access to or use of your digital wallet or User Account.
EbisusBay reserves the right to disclose any information gathered on the Website that EbisusBay deems necessary to satisfy any applicable law, regulation, legal process, or governmental request.
NFTs sold or offered for sale on the Website may be subject to their own separate terms and conditions or limitations on usage, and owners of those NFTs are responsible for adhering to any such separate terms and conditions or limitations. EbisusBay does not control or endorse the NFTs sold or offered for sale on the Website, and specifically disclaims any liability with regard Website users’ purchase or ownership of NFTs bought on the Website.
<![if !supportLists]>III. <![endif]>E-Signature Agreement
Interactions utilizing third-party wallets linked to blockchain addresses or accounts require digital signatures to authorize transactions. By using the Website, you agree that any electronic signature, whether digital or encrypted, that is intended to authenticate a writing shall have the same force and effect as physical signatures to the fullest extent of the law. "Electronic signature” means any electronic sound, symbol, or process attached to or logically associated with a record and executed and adopted by a party with the intent to sign such record, including without limitation a checkbox, facsimile, or email signature
<![if !supportLists]>IV. <![endif]>Blockchain Knowledge
Certification of Blockchain Knowledge. By utilizing the Website, you confirm that you have good and sufficient experience and understanding of the functionality, usage, storage, transmission mechanisms, and other material characteristics of cryptographic tokens, token storage mechanisms (such as token wallets), blockchain technology, blockchain-like technology, and blockchain-based software systems to understand these Terms and to fully appreciate the risks and implications of purchasing NFTs and you are able to bear the risks thereof, including the loss of all or part of the purchase price of any NFTs purchased.
Further, by utilizing the Website you understand the risks associated with using a “hot wallet” to secure valuable digital assets, and users who use a “cold storage wallet” for their assets understand the proper security measures to implement regarding the use of such cold storage devices.
Gas Fees. Transactions on the blockchain require the payment of a transaction fee (“Gas”) which funds the network of computers that confirm transactions on the blockchain. This means that you will need to pay Gas for each transaction that you instigate via the Website. Except as otherwise expressly set forth in these Terms, you will be solely responsible to pay any Gas for any transaction (including failed transactions) that you prompt via the Website.
All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes payable.
NFT Ownership. The NFTs you purchase through the Website are yours, and as tokens recorded on a distributed ledger those NFTs is yours completely. EbisusBay has no ability to claw back or otherwise reposes your (or anybody else’s) NFTs. However, failure to abide by these Terms may result in loss of functionality on the Website including the right to sell or otherwise transfer your NFTs through the Website. Additionally, some NFTs may not be visible on the Website due to legal or other restrictions.
<![if !supportLists]>V. <![endif]>User Account and User Representations
User Account. To access portions of the Website, you will be required to create a user account linked to a digital wallet (“User Account”). The following conditions apply to the creation of a User Account.
a. Request for Information. EbisusBay may require you provide additional information as required by applicable laws and regulations or to investigate potential violations of these Terms. Failure to provide that additional requested information may result in your access to the Website being suspended or revoked. Additionally, EbisusBay may suspend your access to the Website while it gathers and processes any information requested and received.
b. Account Security. To protect your User Account, you must keep your account details confidential including the seed phrase and private key of the digital wallet associated with your User Account. If you detect any unauthorized use, or if you know of or suspect a breach of security of either your User Account or any digital wallet linked to that User Account you should contact us as soon as practical.
c. Responsible for User Account. You are responsible for all activities that occur under your User Account, whether or not you know about or consent to them.
d. Linked Wallets. EbisusBay reserves the right to prohibit the use of the Website or creation of new User Accounts for digital wallets which appear to have a cryptographically verified or suspected connection to the digital wallet of any individual or entity which has been suspended or banned from accessing the Website.
You agree and understand that certain legal restrictions may impede or restrict our ability to deliver the Website to you. You are solely responsible for determining whether use of the Website is permitted in the jurisdiction where you live, and you shall refrain from use of the Website if such activity is not permitted in the jurisdiction where you live.
User Representations. You hereby represent, warrant, and acknowledge:
a. Legal Competence. You are legally competent to form a binding contract and have reached the age of majority in your jurisdiction.
b. Banned List. You are not listed on the Specially Designated Nationals (“SDN”) list maintained by the Office of Foreign Assets Control (“OFAC”) or any other similar list maintained by the United States Department of State, Department of Commerce or any other government authority or pursuant to any Executive Order of the President or any similar list in the jurisdiction in which you are located and your digital wallet addresses are not on any such list or controlled by a person on any such list.
c. Patriot Act. You have not been previously indicted for or convicted of any Patriot Act Offense (the term “Patriot Act Offense” can include any criminal violation relating to terrorism or money laundering, including offenses under the Patriot Act, the Bank Secrecy Act, the Money Laundering control Act of 1986, or criminal laws against terrorism or money laundering, and may also include conspiracy to commit, or aiding and abetting another to commit, a Patriot Act Offense).
d. Competitor. You are not a competitor of EbisusBay and are not using the Website for reasons that are in competition with EbisusBay.
e. Legal Restrictions. You are not restricted by law from purchasing due to being from, a resident of, or located in, Algeria, People’s Republic of China, Crimea region of Ukraine, Cuba, Donetsk region of Ukraine, Egypt, Guyana, Iran, Iraq, Libya, Luhansk region of Ukraine, Morocco, Nepal, North Korea, Russia, South Sudan, Sudan, Syria, or Yemen. Nor are you otherwise barred from using the Website under applicable law.
Termination of User Account. You may terminate your User Account at any time by disconnecting your wallet from the Website, and revoking permissions for further connection to the same. You will not receive any refunds if you terminate your User Account, or if these Terms is otherwise terminated.
We reserve the right to suspend, cancel, or terminate your access to the Website, in our sole discretion, at any time, and without prior notice with or without cause. We may suspend, cancel, or terminate your User Account if We believe you are using it for a purpose that is unauthorized, improper, illegal, or that could harm our company, our customers, or third parties. In addition, if you fail to comply with any terms and conditions of these Terms, then your access to the Website may be automatically terminated, without notice to you. You agree that We will not be liable to you or any third party for any termination of your account or access.
EbisusBay has the right, but not the obligation, to monitor any particular NFT or collection of NFTs on the Website to determine compliance with these Terms and/or satisfy any legal, regulatory, or authorized governmental request.
<![if !supportLists]>VI. <![endif]>Prohibited Use/Conduct
You will not violate any applicable law, contract, intellectual property right or other third-party right or commit a tort through or related to the use of this Website. You are solely responsible for your conduct while using our Website or in connection with our Website. By use of the EbisusBay Website, you agree to:
<![if !supportLists]>(1) <![endif]>Not use or attempt to use another User Account or digital wallet without authorization from that user or digital wallet owner.
<![if !supportLists]>(2) <![endif]>Refrain from using Website in a way which is deliberately false, misleading, impersonates another individual or group, or falsely claims affiliation with any individual or entity.
<![if !supportLists]>(3) <![endif]>Refrain from sending, uploading, distributing, or disseminating any unlawful, defamatory, harassing, abusive, fraudulent, obscene, or otherwise objectionable content.
<![if !supportLists]>(4) <![endif]>Refrain from distribution of any viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other items of a destructive or deceptive nature.
<![if !supportLists]>(5) <![endif]>Not use our Website other than for its intended purpose and/or in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Website or that could damage, disable, overburden or impair the functioning of our Website in any manner.
<![if !supportLists]>(6) <![endif]>Not use any spider, site search/retrieval application, or other data gathering or extraction methods designed to scrape or extract data from our Website.
<![if !supportLists]>(7) <![endif]>Not remove any copyright, trademark, or other proprietary rights notices contained in, or on, the Website.
<![if !supportLists]>(8) <![endif]>Not employ, operate, or create any computer program to simulate the human behavior of a user (“Bots”) on the Website. This includes, without limitation, the use or attempted use of Bots to sell or purchase NFTs on the Website.
<![if !supportLists]>(9) <![endif]>Not seize or otherwise wrongfully acquire any NFT or digital asset.
<![if !supportLists]>(10) <![endif]>Not reverse engineer any aspect of our Website or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Website.
<![if !supportLists]>(11) <![endif]>Not use the Website for the purpose of creating a product or service that is competitive with any of EbisusBay’s products or services.
<![if !supportLists]>(12) <![endif]>Not use our Website for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.
<![if !supportLists]>(13) <![endif]>Not commit any violation of applicable laws, rules, or regulations.
<![if !supportLists]>(14) <![endif]>Not use NFTs on the Website in connection with surveys, contests, pyramid schemes, chain letters, junk mail, spamming, potentially harmful air drops, spamming, or any duplicative or unsolicited messages.
<![if !supportLists]>(15) <![endif]>Not knowingly purchase or offer for sale any NFT which is stolen or otherwise taken from its rightful owner.
If you engage in any of the above prohibited manners or otherwise use the Website in a prohibited manner, we may, at our sole and absolute discretion, without notice or liability to you, and without limiting any of our other rights or remedies at law or in equity, immediately suspend or terminate your User Account or remove any of your content from the Website.
<![if !supportLists]>VII. <![endif]>Intellectual Property Notice
EbisusBay and its logos are trademarks of EbisusBay, LLC. Any EbisusBay logo, product or service names, slogans, and the look and feel of the Website are the intellectual property of EbisusBay and may not be copied, imitated, or used, in whole or in part, without EbisusBay’s prior written permission.
All other third-party trademarks, registered trademarks, and product names mentioned on the Website or contained in the content linked to or associated with any NFTs displayed on the Website are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable intellectual property rights holder. Reference to any products, services, processes or other information by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by EbisusBay.
<![if !supportLists]>VIII. <![endif]>Children Under the Age of 18
The Website is not intended for anyone under the age of eighteen (18) years old. We do not knowingly collect personal information from anyone under eighteen (18) years old. If you are under the age of eighteen (18) years old, do not use or provide any information on this Website, use any of the interactive features of this Website, or provide any information about yourself to us.
<![if !supportLists]>IX. <![endif]>Indemnification
You agree to defend, indemnify, and hold harmless EbisusBay and its affiliates, successors and assigns, and its and their respective directors, officers, employees, agents, co-branders or other partners from and against any and all allegations, claims, demands, actions, causes of action, proceedings (whether threatened or pending), orders, damages, losses, liabilities, costs and expenses, including reasonable attorney's fees and other legal expenses, and judgments of any kind of nature, incurred by EbisusBay arising out of or relating to your use or misuse, or anyone using your User Account’s use or misuse, of the Website, your violation of these Terms, or your violation (or anyone using your User Account’s violation) of any rights of another.
<![if !supportLists]>X. <![endif]>Disclaimers
EbisusBay makes no express warrantees and hereby disclaim all implied warrantees regarding the Website and any aspect thereof, including the implied warrantees of merchantability, fitness, non-infringement, correctness, accuracy, and reliability. To the fullest extent permitted by applicable law, EbisusBay shall not be liable to you for any direct, indirect, consequential, incidental, punitive, exemplary, or other damage resulting or relating to your use of the Website.
You understand that we cannot and do not guarantee or warrant that the files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR (A) ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF OR ACCESS TO INFORMATION OBTAINED THROUGH THE WEBSITE, OR YOUR DOWNLOADING OF ANY MATERIAL POSTED OR LINKED TO THE WEBSITE, (B) ANY IDENTIFICATION, MISIDENTIFICATION, OR IMPERSONATION OF ANY USER OF THE WEBSITE, OR (C) ANY LOSS OR DAMAGE ARISING FROM OR IN ANY MANNER IN CONNECTION WITH THESE TERMS.
THE WEBSITE IS PROVIDED “AS IS” AND “WHERE IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Website will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any information or content on the Website.
Transactions on the Website may utilize experimental smart contract and blockchain technology, including non-fungible tokens, cryptocurrencies, consensus algorithms, and decentralized or peer-to-peer networks and systems. You acknowledge and agree that such technologies are experimental, speculative, and inherently risky and may be subject to bugs, malfunctions, timing errors, hacking, and theft, or changes to the protocol rules of the Cronos blockchain (e.g., "forks" and “merges”), which can adversely affect the smart contracts and may expose you to a risk of total loss, forfeiture of your NFTs, or lost opportunities to buy or sell NFTs
Use of this Website is an agreement and acknowledgement by you that these Terms reflect a reasonable and fair allocation of risks between EbisusBay and you. EbisusBay would be unable to provide this Website and its associated content and services to you without the limitations found in these Terms.
Some jurisdictions do not allow the exclusion of implied warrantees in contracts with consumers. Some or all of the exclusions or limitations in these Terms may not apply to you depending upon the jurisdiction in which you reside.
<![if !supportLists]>XI. <![endif]>Limitation of Liability/Release
You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising from your use of the Website remains with you.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER EBISUSBAY OR ANY OTHER OF ITS SERVICE PROVIDERS OR THIRD-PARTIES INVOLVED IN CREATING, PRODUCING, PROMOTING, OR DELIVERING THE WEBSITE WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, INDIRECT, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, MULTIPLE OF DAMAGES, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OR INABILITY TO USE THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT EBISUSBAY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF EBISUSBAY, ITS AFFILIATES, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS , TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE FEES YOU HAVE PAID EBISUSBAY. THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN EBISUSBAY AND YOU. NOTWITHSTANDING THE FOREGOING, THE LIMITATIONS OF DAMAGES SET FORTH ABOVE DO NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
If you are a consumer who resides in California, you hereby waive your rights under California Civil Code § 1542.
<![if !supportLists]>XII. <![endif]>Dispute Resolution
Choice of Law. These Terms and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of Kansas without regard to its conflict of laws provisions. Except as otherwise expressly set forth in this Section XII, the exclusive jurisdiction for all Disputes (defined below) that you and EbisusBay are not required to arbitrate will be the state and federal courts located in St. Louis County, Missouri and you and EbisusBay each waive any objection to jurisdiction and venue in such courts.
Mandatory Arbitration. You and EbisusBay agree that any claim, controversy, or dispute arising out of or relating to these Terms, or the breach, enforcement, interpretation, termination, or validity of these Terms or use of the Website (collectively “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative, or consolidated action or proceeding, except that you and EbisusBay retain the right to: (a) bring an individual action in small claims court if it qualifies; and (b) seek injunctive or other equitable relief in a court of competent jurisdiction to prevent (or enjoin) the infringement or misappropriation of a party’s patent, copyright, trademark, trade secret, or other intellectual property rights. The arbitration will be administered by the AMERICAN ARBITRATION ASSOCIATION ("AAA") in accordance with the Commercial Arbitration Rules and the Supplemental Procedures for Consumer Related Disputes (the "AAA Rules") then in effect. A party who desires to initiate arbitration must provide the other party with a written demand for arbitration as specified in the AAA Rules. The parties agree that the arbitrator will have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability, and scope of this Section XII, and will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within ten (10) days of delivery of the demand for arbitration, then either party may request that the AAA appoint the arbitrator in accordance with AAA Rules.
Arbitration Location, Procedure, and Fees. Unless you and EbisusBay otherwise agree, the arbitration will be conducted in St. Louis County, Missouri. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. The prevailing party in any Dispute arising out of these Terms shall be entitled to recover their reasonable attorneys' fees, costs, and expenses from the non-prevailing party.
Class Action Waiver. YOU AND EBISUSBAY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. If the parties’ Dispute is resolved through arbitration, the arbitrator shall not consolidate another person’s claims or otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Section XII other than the choice of law provisions shall be null and void.
<![if !supportLists]>XIII. <![endif]>DMCA Notices/Copyright Infringement Claims
EbisusBay shall comply with the rules regarding notices of alleged copyright infringement under the Unites States Digital Millennium Copyright Act. If an individual or entity believes that their intellectual property rights have been infringed, please contact EbisusBay immediately. For EbisusBay to respond, the complaining individual or entity must provide:
<![if !supportLists]>1. <![endif]>A physical or electronic signature of the copyright owner or a person authorized to act on behalf of the copyright owner.
<![if !supportLists]>2. <![endif]>A clearly identified copyrighted work that is being claimed as being infringed upon.
<![if !supportLists]>3. <![endif]>Clear identification of the allegedly infringing material, including a link to the material on the EbisusBay Website.
<![if !supportLists]>4. <![endif]>A statement, made under the penalty of perjury, that the information provided is accurate, the complainant is the copyright owner (or individual authorized to act on behalf of the copyright owner), and that the complaint is being issued under a good-faith believe that the relevant material is being used in a way that is not authorized by the copyright owner, its agent, or under the law.
If a user believes that their content has been removed by mistake or misidentification, that user may provide EbisusBay with a DMCA Counter Notice, which must contain the following information
<![if !supportLists]>1. <![endif]>The user’s name, address, telephone number, and email address.
<![if !supportLists]>2. <![endif]>A description of the material removed, along with the URL address of where the material was posed prior to its removal.
<![if !supportLists]>3. <![endif]>The following signed statement: “I swear, under penalty of perjury, that I have a good-faith belief that the material which was removed or disabled was due to a mistake or misidentification of the material to be removed or disabled.”
<![if !supportLists]>4. <![endif]>A statement that the user consents to the jurisdiction of the Federal District Court where the user is located or, if the user is located outside of the United States, consents to any jurisdiction in which the user may be properly served. Further, the user’s statement must include an agreement to accept service of process from the individual or entity (or their agent) who filed the original DMCA notice.
Upon receipt of any valid counter DMCA notification, EbisusBay will forward that counter DMCA notification to the party which submitted the original DMCA notification. The original party (or their authorized agent) will then have ten (1) days to notify EbisusBay that he/she/they have filed legal action related to the allegedly infringing material. If EbisusBay does not receive any such notification within ten (10) days, EbisusBay may (but is not obligated to) restore the material to the Website.
All DMCA notices and counter-notices must be submitted via email to email@example.com or mail to:
ATTN: DMCA/Legal Department
3514 Clinton Pkwy Ste A #421
Lawrence, KS 66047
<![if !supportLists]>XIV. <![endif]>Giveaways and Promotions
EbisusBay may, from time to time, run various giveaways or promotions. The terms and eligibility to participate in of those giveaways and promotions may vary. Unless otherwise stated in the giveaway rules, prizes are non-transferable. No substitution, cash redemption, assignment, or transfer of prize is permitted, except by EbisusBay, who reserves the right in its sole discretion to substitute a prize with another prize of greater or equal value. All federal, state, and local taxes, if any, related to a prize are the responsibility of the individual winner. Any disputes regarding giveaways or promotions shall be governed by these Term’s Indemnity, Dispute Resolution, and Limitation on Liability provisions.
EbisusBay reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the giveaway process or operating in a way which is a violation of these Terms, the giveaway rules, or in any unsportsmanlike or disruptive manner. Any attempt by any individual to deliberately undermine the legitimate operation of a giveaway may be in violation of criminal and civil laws and EbisusBay reserves the right to seek damages from any such person to the fullest extent permitted by law. All giveaways and promotions will be void where prohibited or restricted by law. Potential giveaway winners are subject to verification by EbisusBay, whose decisions are final and binding in all matters related to any giveaways or promotions
PLEASE READ BEFORE PURCHASING $FORTUNE TOKEN
The $Fortune token is intended only to be used within the Ryoshi Dynasties gamified experience. It should only be purchased for its utility within the Ryoshi Dynasties game and associated Lotus Galaxy ecosystem. Buying $Fortune token IS NOT AND SHOULD NOT BE TREATED AS AN INVESTMENT. Ebisu Bay has not created any utility for the token outside of the Lotus Galaxy ecosystem and has no plans to create such a utility now or at any time in the future. $Fortune is not a currency, nor is it a financial asset or investment product of any kind. It is not for speculation and will not make anyone rich. This is not a vehicle for anyone’s savings nor is it a money-making opportunity. It is a utility and rewards token, analogous to airline frequent-flier miles, hotel guest points, restaurant arcade gaming token, and the like. Ebisu Bay will be distributing a vast majority of $Fortune tokens to ecosystem participants as a reward for their engagement. Purchase of $Fortune creates no ongoing obligation between Ebisu Bay and the token’s purchaser, and is purely an asset sale. Purchase of $Fortune does not entitle the purchaser to any share of Ebisu Bay, the company that provides the EbisusBay website (or any of its affiliates). or any right to demand or receive any profits.
Put simply, $Fortune token should be purchased for use in the Ryoshi Dynasties game and associated Ebisu Bay ecosystem and to have fun; it should not be purchased as an investment and by purchasing you are agreeing you are not purchasing (and will not be purchasing) $Fortune token, now or in the future, for any purpose other than the game utilities described.
<![if !supportLists]>XV. <![endif]>General
Taxes. You are solely responsible for determining what, if any, taxes apply to your NFT related transactions, and any other transaction conducted by you. EbisusBay is not responsible for determining the taxes that apply to your transactions entered through the Website or otherwise involving any NFT, or any other related transaction, and is not to act as a withholding tax agent in any circumstances whatsoever.
Regulation. The regulatory status of cryptographic tokens, digital assets, and blockchain technology is unclear or unsettled in many jurisdictions. Further, while EbisusBay believes that NFTs available for purchase on the Website are not securities, others may take a contrary position which may materially affect the ability to offer certain NFTs for sale on the Website. It is difficult to predict how or whether governmental authorities will regulate such technologies. It is likewise difficult to predict how or whether any governmental authority may make changes to existing laws, regulations, or rules that will affect cryptographic tokens, digital assets, blockchain technology, or its applications. Such changes could limit the features available for use on the Website for some or all users.
Survival. Expiration or termination of these Terms shall not relieve the parties of any obligation that accrued before such expiration or termination. In addition to all other provisions contained in these Terms that by their terms survive expiration or termination of these Terms, the following provisions also shall survive expiration or termination of these Terms: VII, IX-XII, and XV (including all subparts thereof).
Severability. If any provision of these Terms as applied to either party or to any circumstance, shall be adjudged by a court or arbitrator to be void and unenforceable, the same shall in no way affect any other provision of these Terms or the validity or enforceability thereof.
Notices. To the fullest extent of the law, any notices or other communications provided by EbisusBay under these Terms, including those regarding modifications, will be given to you by posting to the Website.
Provisions Contrary to Law. In performing of the obligations in these Terms the parties shall comply with all applicable laws and regulations. Nothing in these Terms shall be construed so as to require the violation of any law, and wherever there is any conflict between any provision of these Terms and any law, the law shall prevail, but in such event the affected provision of these Terms shall be affected only to the extent necessary to comply with applicable law.
Entire Agreement. These Terms constitutes the entire agreement between the parties as to the subject matter hereof, and all prior negotiations, representations, agreements (whether oral or written) and understandings are merged into, extinguished by and completely expressed by these Terms.
Modifications. We may update these Terms from time to time in our sole discretion. If we do, we will notify you by posting revised Terms on this page with a revised “Last Updated” date, and we may (but are not required to) send other communications notifying you of such an update. It is important that you review these Terms whenever we update it.
EbisusBay may require you to provide consent to the updated Terms in a specified manner before further use of the Website is permitted. Otherwise, by continuing to use the Website after we have posted updated Terms, it means that you accept and agree to the changes. If you do not agree to be bound by the changes, you may not use the Website anymore.
Because our services are evolving over time, we may change or discontinue all or any part of the Website, at any time, at our sole discretion. If we discontinue the Website you still will own any NFTs which you purchased and the Terms regarding for how you may use the graphics associated with those NFTs shall remain in effect.
Captions. The captions in these Terms are for convenience of reference only and shall not govern the interpretation of any of the provisions hereof
<![if !supportLists]>XVI. <![endif]>Contact
ATTN: General Support Department
3514 Clinton Pkwy Ste A #421
Lawrence, KS 66047