This Terms of Service Agreement elucidates the terms and conditions by which you may access and may engage with the Seascape Network. By proceeding, you acknowledge that you have read this Agreement carefully. By accessing or using Seascape Network, you signify that you have read, understand, and agree to be bound by this Agreement in its entirety. In the event that you do not agree, you are not authorized to access or engage with Seascape Network.

 

I. Preamble 

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Please read these terms carefully before using the app, the smart contracts, or the site. These terms govern your use of the app, the smart contracts, and the site, unless we have executed a separate written agreement with you for that purpose. We are only willing to make the app, the smart contracts, and the site available to those who accept all of these terms. By using the app, the smart contracts, the site, or any part of them, or by clicking “I accept” below or indicating your acceptance in an adjoining box, you are confirming that you understand and agree to be bound by all of these terms. If you are accepting these terms on behalf of a company or other legal entity, you represent that you have the legal authority to accept these terms on that entity’s behalf, in which case “you” will refer to that entity. If you do not have such authority, or if you do not accept all of these terms, then we are expressly stating unwillingness to make the app, the smart contracts, or the site available to you. If you do not agree to these terms, you may not access or use the app, the smart contracts, or the site.

 

II. Future Modifications

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We reserve the right, in our sole discretion, to modify this Agreement at any point in the future and as many times as we would like. If we make any modifications, we will notify you by updating the date at the top of the Agreement and by maintaining a current version of the Agreement at https://game.seascape.network/terms. All modifications will be effective when they are posted, and your continued use of Seascape Network will serve as confirmation of your acceptance of those modifications. If you do not agree with any modifications to this Agreement, you must immediately stop accessing and using Seascape Network.

 

III. Eligibility 

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To access or use Seascape Network you must be able to form a legally binding contract with us. Accordingly, you represent that you are at least eighteen years old and have the full right, power, and authority to enter into and comply with the terms and conditions of this Agreement on behalf of yourself and any company or legal entity for which you may access or use Seascape Network. You further represent that you are not a citizen, resident, or member of any jurisdiction or group that would be illegal or otherwise violate any applicable law. You further represent that your access and use of Seascape Network will fully comply with all applicable laws and regulations, and that you will not access or use Seascape Network to conduct, promote, or otherwise facilitate any illegal activity.

 

IV. Privacy

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Your privacy is our priority. Although we will comply with all valid subpoena requests, we will carefully consider each request to ensure that it comports with the spirit and letter of the law, and we will not hesitate to challenge invalid, overbroad, or unconstitutional requests as appropriate. We use commercially reasonable safeguards to preserve the integrity and security of your personally identifiable information (“PII”) and aggregate data. However, we cannot guarantee that unauthorized third parties will never be able to obtain or use your PII or aggregate data for improper purposes. You acknowledge that you provide your PII and aggregate data at your own risk. By accessing and using the Interface, you understand and consent to our collection, use, and disclosure of your PII and aggregate data.

 

V. Property Rights

 

You acknowledge and agree that we (or, as applicable, our licensors) own all legal rights, title and interest in and to all elements of Seascape Network, and all intellectual property rights therein. The visual interfaces, graphics (including, without limitation, all art and drawings associated with the), design, systems, methods, information, computer code, software, services, “look and feel”, organization, compilation of the content, code, data, and all other elements of the Seascape Network are owned by Tropic Seascape Ltd, and are protected by copyright, trade dress, patent, and trademark laws, international conventions, other relevant intellectual property and proprietary rights, and applicable laws.

 

VI. Usage

 

   A. Transactions that take place on the App are managed and confirmed via the Ethereum blockchain and Binance Smart Chain. You understand that your public addresses will be made publicly visible whenever you engage in a transaction on the App.

 

   B. We neither own nor control MetaMask, Google Chrome, the Ethereum Network, the Binance Smart Chain, 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 will not be liable for the acts or omissions of any such third parties, nor will we be liable for any damage that you may suffer as a result of your transactions or any other interaction with any such third parties.

 

   C. You are responsible for the security of your account and your Metamask wallet (and other Ethereum/Binance wallet accounts). If you become aware of any unauthorized your account with us, you agree to notify us immediately at [email protected]

 

VII. Fees & Payments 

 

   A. If you elect to purchase, trade or interact with assets on the App, or with or from other users via the App, any financial transaction that you engage in will be conducted through Ethereum and Binance (if paying with cryptocurrency). We will have no insight or control over these payments or transactions, nor do 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 Metamaks.

 

   B. Ethereum and Binance require the payment of a transaction fee (a”Gas Fee”) for every transaction that occurs on the Ethereum network. The Gas Fee funds the network of computers that run the decentralized Ethereum network. This means that you will need to pay a Gas Fee for each transaction that occurs via the App.

 

   C. As between us, you will be solely responsible to pay any and all sales, use, value-added and other taxes, duties, and assessments (except taxes on our net income) now or hereafter claimed or imposed by any governmental authority (collectively, “Taxes”) associated with your use of the App (including, without limitation, any Taxes that may become payable as a result of your ownership, transfer, or acquisition of Seascape assets). Except for income taxes on Immutable, 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. 

 

   D. Due to the irrevocable nature of the blockchain, and our lack of control over user assets, we are unable to offer refunds on any blockchain purchases.

 

VIII. Violations

 

You agree not to engage in, or attempt to engage in, any of the following categories of prohibited activity in relation to your access and use of Seascape Network

 

1. Intellectual Property Infringement. Activity that infringes on or violates any copyright, trademark, service mark, patent, right of publicity, right of privacy, or other proprietary or intellectual property rights under the law.

2. Cyberattack. Activity that seeks to interfere with or compromise the integrity, security, or proper functioning of any computer, server, network, personal device, or other information technology system, including (but not limited to) the deployment of viruses and denial of service attacks.

3. Fraud and Misrepresentation. Activity that seeks to defraud us or any other person or entity, including (but not limited to) providing any false, inaccurate, or misleading information in order to unlawfully obtain the property of another.

4. Market Manipulation. Activity that violates any applicable law, rule, or regulation concerning the integrity of trading markets, including (but not limited to) the manipulative tactics commonly known as spoofing and wash trading.

5. Any Other Unlawful Conduct. Activity that violates any applicable law, rule, or regulation of relevant jurisdictions, including (but not limited to) the restrictions and regulatory requirements imposed by international law.

 

IX. Responsibilities & Permissions 

 

   A. You may choose to submit comments, bug reports, ideas or other feedback about the App, including without limitation about how to improve the App (collectively, “Feedback”). By submitting any Feedback, you agree that we are free to use such Feedback at our discretion and without additional compensation to you, and to disclose such Feedback to third parties (whether on a non-confidential basis, or otherwise). You hereby grant us a perpetual, irrevocable, nonexclusive, worldwide license under all rights necessary for us to incorporate and use your Feedback for any purpose.

 

   B.  You agree that you are responsible for your own conduct while accessing or using the App, and for any consequences thereof. You agree to use the App only for purposes that are legal, proper and in accordance with these terms and any applicable laws or regulations. By way of example, and not as limitation, you may not, and may not allow any third party to: (I) send, upload, distribute or disseminate any unlawful, defamatory, harassing, abusive, fraudulent, obscene, or otherwise objectionable content; (ii) distribute viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other items of a destructive or deceptive nature; (iii) impersonate another person (via the use of an email address or otherwise); (iv) upload, post, transmit or otherwise make available through the App any content that infringes the intellectual proprietary rights of any party; (v) use the App to violate the legal rights (such as rights of privacy and publicity) of others; (vi) engage in, promote, or encourage illegal activity (including, without limitation, money laundering); (vii) interfere with other users’ enjoyment of the App; (viii) exploit the App for any unauthorized commercial purpose; (ix) modify, adapt, translate, or reverse engineer any portion of the App; (x) remove any copyright, trademark or other proprietary rights notices contained in or on the App or any part of it;(xi) reformat or frame any portion of the App; (xii) display any content on the App that contains any hate-related or violent content or contains any other material, products or services that violate or encourage conduct that would violate any criminal laws, any other applicable laws, or any third party rights; (xiii) use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the App or the content posted on the App, or to collect information about its users for any unauthorized purpose; (xiv) create user accounts by automated means or under false or fraudulent pretenses; or (xv) access or use the App for the purpose of creating a product or service that is competitive with any of our products or services.

 

X. Termination

 

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(s) for the App. You agree that any suspension or termination of your access to the App may be without prior notice, and that we will not be liable to you or to any third party for any such suspension or termination. If we terminate these Terms or suspend or terminate your access to or use of the 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. Sections 2.C and 3 through 16 will survive the termination or expiration of these Terms for any reason.

 

XI. Assumption of Risk

 

By accessing and using the Interface, you represent that you understand the inherent risks associated with using cryptographic and blockchain-based systems, and that you have a working knowledge of the usage and intricacies of digital assets such as bitcoin (BTC), ether (ETH), and other digital tokens such as those following the Ethereum Token Standard (ERC-20). You further understand that the markets for these digital assets are highly volatile due to factors including (but not limited to) adoption, speculation, technology, security, and regulation. You acknowledge that the cost and speed of transacting with cryptographic and blockchain-based systems such as Ethereum are variable and may increase dramatically at any time. You further acknowledge the risk that your digital assets may lose some or all of their value while they are supplied to the Protocol. If you borrow digital assets from the Protocol, you will have to supply digital assets of your own as collateral. If your collateral declines in value such that it is no longer sufficient to secure the amount that you borrowed, others may interact with the Protocol to seize your collateral in a liquidation event. You further acknowledge that we are not responsible for any of these variables or risks, do not own or control the Protocol, and cannot be held liable for any resulting losses that you experience while accessing or using Seascape Network. 

 

Upgrades by Ethereum to the Binance Smart Chain, 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 and ERC-721 standards, including the Seascape  ecosystem. Likewise, this applies to any and all chains associated with the Network. ACCORDINGLY, YOU UNDERSTAND AND AGREE TO ASSUME FULL RESPONSIBILITY FOR ALL OF THE RISKS OF ACCESSING AND USING THE INTERFACE AND INTERACTING WITH THE PROTOCOL.

 

XII. Limitation of Liability 

 

A. You understand and agree that we, our subsidiaries, affiliates, and licensors will not be liable to you or to any third party for any indirect, incidental, special, consequential, or exemplary damages which you may incur, howsoever caused and under any theory of liability, including, without limitation, any loss of profits (whether incurred directly or indirectly), loss of goodwill or business reputation, loss of data, cost of procurement of substitute goods or services, or any other intangible loss, even if we have been advised of the possibility of such damages.

 

B. You agree that our 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 app, whether in contract, tort, strict liability, or any other legal theory, is limited to the greater of (a) the amounts you actually paid us under these terms in the 12 month period preceding the date the claim arose, or (b) $100.

 

C. You acknowledge and agree that we have made the app 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 app without these limitations.

 

D. You acknowledge and agree that you do not reside in a region that explicitly bans the use of loot boxes in games in accordance with gambling laws.

 

E. 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.

 

XIII. Indemnification 

 

You agree to hold harmless and indemnify Tropic Seascape Pte. Ltd 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 App, or (iii) your violation of applicable laws, rules or regulations in connection with your access to or use of the App. You agree that Tropic Seascape Pte. Ltd will have control of the defense or settlement of any such claims.

 

You expressly agree that you assume all risks in connection with your access and use of the Interface and your interaction with the Protocol. You further expressly waive and release us from any and all liability, claims, causes of action, or damages arising from or in any way relating to your use of the Interface and your interaction with the Protocol. 

 

XIV. Third Party Resources 

 

Seascape Network apps may contain references or links to third-party resources, including (but not limited to) information, materials, products, or services, that we do not own or control. In addition, third parties may offer promotions related to your access and use of the Interface. We do not endorse or assume any responsibility for any such resources or promotions. If you access any such resources or participate in any such promotions, you do so at your own risk, and you understand that this Agreement does not apply to your dealings or relationships with any third parties. You expressly relieve us of any and all liability arising from your use of any such resources or participation in any such promotions. Furthermore, 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 the 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.

 

XV. Disclaimers & Remarks 

 

 You expressly understand and agree that your access to and use of the app is at your sole risk, and that the app is provided “as is” and “as available” without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, we, our subsidiaries, affiliates, and licensors make no express warranties and hereby disclaim all implied warranties regarding the app 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 app will meet your requirements, (ii) your access to or use of the app will be uninterrupted, timely, secure or free from error, (iii) usage data provided through the app will be accurate, (iv) the app or any content, services, or features made available on or through the app are free of viruses or other harmful components, or (v) that any data that you disclose when you use the app 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 the inherent security risks of providing information and dealing online over the internet, and agree that we have no liability or responsibility for any breach of security unless it is due to our gross negligence.

 

 We will not be responsible or liable to you for any losses you incur as the result of your use of the ethereum network, Binance Smart Chain, or the metamask electronic wallet, including but not limited to any losses, damages or claims arising from: (a) user error such as forgotten passwords or incorrectly construed smart contracts or other transactions; (b) server failure or data loss; (c) corrupted wallet files; (d) unauthorized access or activities by third parties, including but not limited to the use of viruses, phishing, brute forcing or other means of attack against the app, ethereum network, Binance Smart Chain, or the metamask electronic wallet.

 

Tropic Seascape Pte. Ltd is not responsible for losses due to blockchains or any other features of the ethereum network, Binance Smart Chain, or the metamask electronic wallet, including but not limited to late report by developers or representatives (or no report at all) of any issues with the blockchain supporting the ethereum network or Binance Smart Chain, including forks, technical node issues, or any other issues having fund losses as a result.

 

By clicking on “I agree” below, you are agreeing to the terms and conditions as stated above.