Orivium Terms & Conditions
Effective: 28 February 2023
Last Updated: 28 February 2023
The information on the Site, the App, and the Smart Contracts are not intended for distribution to any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, any persons who access the Site and/or the App while breaking their local laws are doing it on their own initiative and will have to deal with the consequences when applicable.
The Site, App, and Smart Contracts are intended for users who have reached the age of majority in their country of residence. Users who are underage acknowledge and agree that they are not permitted to use or register for the Site, App, and Smart Contracts, unless supervised by their legal representatives. Orivium shall not be liable for any damages caused by the use of the Site, App, and Smart Contracts by underage users who are unsupervised by their legal representatives, and the Smart Contracts.
Changes to Terms
Orivium reserves the right to change or modify these Terms at any time and at our sole discretion (which includes as instructed by the prevailing model of Orivium DAO governance). If we decide to make changes to these Terms, we will provide notice of such changes, such as by providing notice via the Orivium website or updating the “Last Updated” date at the top of these Terms. By continuing to access or use the Services, you confirm your acceptance of the revised Terms and all of the terms incorporated therein by reference. We encourage you to review our Terms periodically to ensure that you understand them. Your use of the Orivium website, and any use of the Services through it, are subject to these Terms and all applicable laws.
Third party sites
Our website may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked websites and have no control over or rights in those linked websites.
INTELLECTUAL PROPERTY RIGHTS
If you are eligible to use the Site, the App, and the Smart Contracts, you are granted a limited license to access and use the Site, or to download or print a copy of any portion of the Content to which you have properly gained access, solely for your personal, non-commercial use. Orivium reserves all rights not expressly granted to you in and to the Site, the App, the Content, and the Marks.
If you own a Orivium asset or have permission from someone who does, Orivium grants you a limited license to create fan art that can be used commercially, provided that you follow the terms set forth herein:
Fan artwork must not use official Orivium assets (e.g. the Orivium logo), but creating derivative non-commercial official Orivium assets as inspiration is acceptable. The artwork must clearly state “Orivium Fanart”, link to https://www.orivium.com, and link directly to the Orivium asset that is being used for inspiration. Creating original fan art without monetizing it is acceptable without any license or ownership.
You agree to use the Site, the App, and the Smart Contracts for lawful and authorized purposes only and to comply with all applicable laws and regulations (6) If you provide false, inaccurate, outdated, or incomplete information, we reserve the right to suspend or terminate your account and prevent any present or future use of the Site, the App, and the Smart Contracts (or any portion thereof). (7) You will only use one in-game account to earn tokens within any 24-hour period. (8) As an owner of a Orivium asset, you are accountable for the actions of any ‘scholars’ who play on your behalf, and their actions can have consequences for any associated accounts you possess. (9) You will not manipulate the system. (10) You have not been included on any trade embargo or economic sanctions lists, such as the United Nations Security Council sanctions list, the list of specially designated nationals maintained by OFAC (the Office of Foreign Assets Control of the U.S. Department of the Treasury), or the denied persons or entity list of the U.S. Department of Commerce. (11) Orivium or third-party providers that we collaborate with may store the IP address you use to access the site.
Orivium reserves the right to choose which markets and jurisdictions to conduct business in and may restrict or decline, at our sole discretion, the delivery of Orivium services in specific countries or regions. Moreover, (12) You may build public tools and bots that promote transparency and analysis, as well as private, non-commercial tools that store data for analytical purposes. Please note that individuals who misuse public APIs by spamming requests may be banned from using such APIs in the future. Additionally, Minting is prohibited except during a designated minting event, which Orivium will announce on Discord and Twitter. Interacting with the minting smart contracts directly during minting events is expressly prohibited.
You may be required to register with the Site, the App, and the Smart Contracts. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
You may not access or use the Site, the App, and the Smart Contracts for any purpose other than that for which we make the Site, the App, and the Smart Contracts available. The Site, the App, and the Smart Contracts may not be used in connection with any commercial endeavors except if agreed to in a binding legal contract with Orivium.
In particular, the following activities are prohibited:
- Systematically retrieve data or other content from the Site, the App, and the Smart Contracts to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
- Make any unauthorized use of the Site, the App and the Smart Contracts, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
- Use a buying agent or purchasing agent to make purchases on the Site, the App, and the Smart Contracts.
- Use the Site, the App and the Smart Contracts to advertise or offer to sell goods and services.
- Circumvent, disable, or otherwise interfere with security-related features of the Site, the App and the Smart Contracts, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site, the App and the Smart Contracts and/or the Content contained therein.
- Engage in unauthorized framing of or linking to the Site, the App, and the Smart Contracts.$Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
- Make improper use of our support services or submit false reports of abuse or misconduct.
- Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- Interfere with, disrupt, or create an undue burden on the Site, the App, and the Smart Contracts or the networks or services connected to the Site.
- Attempt to impersonate another user or person or use the username of another user.
- Sell or otherwise transfer your profile.
- Use any information obtained from the Site, the App, and the Smart Contracts in order to harass, abuse, or harm another person.
- Use the Site, the App, and the Smart Contracts as part of any effort to compete with us or otherwise use the Site, the App, and the Smart Contracts and/or the Content for any revenue-generating endeavor or commercial enterprise.
- ecipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site, the App, and the Smart Contracts.
- Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site, the App, and the Smart Contracts.
- Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site, the App and the Smart Contracts.
- Except as may be the result of standard search engines or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, the App and the Smart Contracts, or using or launching any unauthorized script or other software.
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site, the App, and the Smart Contracts.
- Use the Site, the App, and the Smart Contracts in a manner inconsistent with any applicable laws or regulations.
- Engage in any practice that aims to manipulate the outcome of any Orivium match. All players should play to the best of their abilities and any sort of match-fixing, win-trading, or colluding between competitors is strictly prohibited.
- Use the service, the Site, the App, and the Smart Contracts, for money laundering, terrorist financing, or other illicit finance
FEE AND PAYMENT
All purchases made on the site or marketplace will be facilitated through smart contracts on a blockchain using a wallet such as Metamask, or through the payment system of the App (such as the Apple Store or Google Play app store) if available. We will not have any access or control over these payments or transactions, and we cannot reverse any transactions. Therefore, we will not be liable to you or any third party for any damages or claims that may arise from any transactions conducted via the Site, the App, or the Smart Contracts, or any other transactions carried out via the Ethereum or app payment systems.
To conduct a transaction on the Ethereum network, a Gas Fee is required to fund the network of computers running the decentralized Ethereum network. You will need to pay this Gas Fee for each transaction that occurs via the App.
Additionally, each time you use a Smart Contract to conduct a transaction with another user through the App, you authorize us to collect a commission of 2.5% of the total value of that transaction (each, a “Commission”). This commission will also be levied on any payment made via the app payment systems. You acknowledge and agree that the Commission will be transferred directly to us as a part of the transaction.
You will be solely responsible for paying any and all taxes, duties, and assessments (except taxes on our net income) associated with your use of the App, including any taxes that may become payable as a result of your ownership, transfer, or minting of any Orivium assets. You agree to pay or reimburse us for all national, federal, state, local, or other taxes and assessments imposed by any governmental authority. You will not be entitled to deduct the amount of any such taxes, duties, or assessments from payments made to us under these Terms.
You acknowledge and agree that any comments, questions, suggestions, ideas, feedback, or other information related to the Site, the App, and the Smart Contracts (“Submissions”) that you provide to us are not confidential and become our sole property. We shall have exclusive rights, including all intellectual property rights, and we are entitled to use and share these Submissions for any lawful purpose, whether commercial or otherwise, without providing you any acknowledgement or compensation. By making Submissions, you waive any moral rights to them and represent that they are original or that you have the right to make such Submissions. You agree that you will not hold us responsible for any alleged or actual infringement or misappropriation of any proprietary rights in your Submissions.
If we suspend or terminate your account for any reason, you are prohibited from creating a new account under your name, a fake name, a borrowed name, or any third-party name, even if you are acting on behalf of that third party. Besides terminating or suspending your account, we reserve the right to take necessary legal action, including but not limited to pursuing civil, criminal, and injunctive redress.
Jurisdiction and Governing Law: Your use of our services and these terms will be governed by the UNIDROIT Principles of International Commercial Contracts (2016) (Principles). For matters not covered by the Principles, generally accepted principles of international commercial law will apply, and if not available, the laws of the State of New South Wales, Australia will apply. Any dispute, controversy or claim arising out of or relating to the use of the services or these terms, including disputes about their interpretation, violation, invalidity, non-performance, or termination, shall be resolved by binding arbitration under the Rules of Arbitration of the London Court of International Arbitration. The arbitrator will decide any challenges to its jurisdiction or to the validity or enforceability of any part of the agreement to arbitrate. The parties agree to arbitrate solely on an individual basis, and class arbitration or claims brought as a plaintiff or class member in any class or representative arbitration are not permitted. The arbitrator may not consolidate more than one person’s claims or preside over any form of a representative or class proceeding. If the prohibition on class arbitration is deemed invalid or unenforceable, its remaining portions will remain in force.
Limitation on Time to File Claims: Any cause of action or claim arising out of or relating to these terms or the use of the services must be filed within one year after the cause of action accrues, otherwise, it is permanently barred.
Amendment to Terms & Disputes: Any changes to the dispute resolution provisions in the course of updating these terms will not apply to any disputes for which the parties have actual notice before the date the change is posted on the Website.
Priority: In case of any inconsistency, the General Terms will be given priority, followed by the terms of Annexures, and then any other documents or information incorporated by reference.
Terms to be Interpreted in Accordance with Clear Commercial Purposes: These terms should be interpreted in line with their clear commercial objectives. If a literal interpretation would produce results clearly opposite to those objectives, then a different interpretation should be taken.
Severability: Each provision of these terms is severable. If a clause or part of a clause of these terms is illegal, unenforceable, or invalid but can also be read in a way that makes it legal, enforceable, and valid, it must be read in that manner. If any clause or part of a clause is illegal, unenforceable, or invalid, that clause or part will be removed from this agreement, but the rest of this agreement will remain unaffected.
YOU ACKNOWLEDGE AND AGREE THAT: (I) WE CANNOT GUARANTEE THAT YOUR ACCESS TO OR USE OF THE SITE, APP, AND SMART CONTRACTS WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE FROM ERRORS; (II) ANY USAGE DATA PROVIDED THROUGH THE SITE, APP, AND SMART CONTRACTS MAY BE INACCURATE; (III) THE SITE, APP, AND SMART CONTRACTS MAY CONTAIN VIRUSES OR OTHER HARMFUL COMPONENTS; AND (IV) ANY DATA YOU DISCLOSE WHILE USING THE SITE, APP, AND SMART CONTRACTS MAY NOT BE SECURE. PLEASE NOTE THAT IN SOME JURISDICTIONS, IMPLIED WARRANTIES CANNOT BE EXCLUDED IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
YOU UNDERSTAND AND ACCEPT THAT THERE ARE INHERENT RISKS ASSOCIATED WITH PROVIDING INFORMATION AND ENGAGING IN ONLINE TRANSACTIONS OVER THE INTERNET AND THAT WE WILL NOT BE LIABLE FOR ANY BREACH OF SECURITY UNLESS IT IS CAUSED BY OUR GROSS NEGLIGENCE.
WE WILL NOT BE LIABLE TO YOU FOR ANY LOSSES ARISING FROM YOUR USE OF THE ETHEREUM NETWORK OR THE METAMASK ELECTRONIC WALLET, INCLUDING BUT NOT LIMITED TO LOSSES RESULTING FROM: (A) USER ERRORS, SUCH AS FORGOTTEN PASSWORDS OR INCORRECT TRANSACTIONS; (B) SERVER FAILURES OR DATA LOSS; (C) CORRUPTED WALLET FILES; OR (D) UNAUTHORIZED ACCESS OR ACTIVITIES BY THIRD PARTIES, INCLUDING VIRUSES, PHISHING, BRUTE FORCE ATTACKS, OR ANY OTHER MEANS OF ATTACK AGAINST THE APP, THE ETHEREUM NETWORK, OR THE METAMASK ELECTRONIC WALLET.
ORIVIUM ASSETS ARE DIGITAL ASSETS THAT EXIST ONLY ON THE ETHEREUM NETWORK AND ARE SUBJECT TO SMART CONTRACTS EXECUTED ON THE DECENTRALIZED LEDGER. ORIVIUM HAS NO CONTROL OVER SMART CONTRACTS AND CANNOT GUARANTEE THEIR FUNCTIONALITY OR ACCURACY. ORIVIUM IS NOT RESPONSIBLE FOR ANY LOSSES RESULTING FROM BLOCKCHAIN OR OTHER FEATURES OF THE ETHEREUM NETWORK OR THE METAMASK ELECTRONIC WALLET, INCLUDING BUT NOT LIMITED TO LATE REPORTING OF ANY ISSUES WITH THE BLOCKCHAIN SUPPORTING THE ETHEREUM NETWORK, INCLUDING FORKS, TECHNICAL NODE ISSUES, OR ANY OTHER ISSUES RESULTING IN FUND LOSSES.
Subject to applicable consumer law rights and any specific terms in relation to jurisdiction, we are not responsible for any direct or indirect losses, damages, or expenses resulting from: A) your use of our Services; B) your involvement in sales or auctions; C) the information or materials provided through our Services, including our website, smart contracts, and NFTs, or the inaccessibility of our Services; D) the actions or inactions of third parties or your interactions with them or third-party software; E) failures, risks, or uncertainties associated with the Ethereum blockchain, including smart contract failures, forks, technical node issues, repudiated transactions, migrations, and updates; F) user error, such as forgotten passwords or personal security standards that result in a loss of control of your MetaMask wallet or tokens and digital assets.
If any liability cannot be limited by law, our liability for damages under these Terms will be limited to the actual proceeds received by Orivium, after deducting all related costs, fees, and liabilities incurred by or on behalf of Orivium, and under no circumstances will it exceed the American dollar value.
ASSUMPTION OF RISK
You agree and acknowledge the following:
A. The prices of blockchain assets are highly volatile, and fluctuations in the price of other digital assets could significantly impact the value of your Orivium assets, which are also subject to significant price volatility. We cannot guarantee that purchasers of Orivium assets will not experience losses.
B. You are solely responsible for determining the taxes that apply to your Orivium-related transactions. Orivium is not responsible for determining the taxes that apply to your transactions on the App, the Site, or the Smart Contracts.
C. The App does not store, send, or receive Orivium assets, as Orivium assets only exist through the ownership record maintained on the App’s supporting blockchain on the Polygon network. Any transfer of Orivium assets occurs solely on the Polygon network.
D. There are risks associated with using an Internet-based currency, including hardware, software, and Internet connection risks, the risk of malicious software introduction, and the risk that third parties may access information stored within your wallet without authorization. You acknowledge that Orivium will not be responsible for any communication failures, disruptions, errors, distortions, or delays you may experience when using the Polygon network, regardless of the cause.
E. The lack of use or public interest in the creation and development of distributed ecosystems could negatively impact the development of the Orivium ecosystem and the potential utility or value of Orivium assets.
F. The regulatory environment governing blockchain technologies, cryptocurrencies, and tokens is uncertain, and new regulations or policies may materially and adversely affect the development of the Orivium ecosystem and the potential utility or value of Orivium assets.
We will retain certain data that you send to the Site, the App, and the Smart Contracts to manage the Site, App, and Smart Contracts performance and your use of them. While we perform regular backups of data, you are solely responsible for all data you transmit or release in connection with any activity you undertake using the Site, the App, and the Smart Contracts. You agree that we will not be liable to you for any loss or corruption of such data, and you waive any right to take legal action against us arising from any loss or corruption of such data.