POWDER HEROES TERMS OF SERVICE

Last Updated: [December 14], 2021

Welcome to the Terms of Service ("Terms") for Powder Heroes! These Terms govern your use of PowderHeroes.gg ("Site"), operated by Unique Entertainment Experience, a French société par actions simplifiée, dba Powder Heroes ("Company", "we" or "us"), the sale or exchange of certain digital assets, and any content, tools, features and functionality offered on or through our Site (collectively, "Services").

The Services allow you to buy and sell certain Crypto Assets (as defined below) via a profile with us linked to your Wallet (as defined below). Once you have decided to transact a Crypto Asset, our Services and the Third Party Platforms (as defined below) create a transaction for your order and pass it onto the Solana Network (as defined below) for execution. Upon successful execution of your order, your Crypto Assets will be reflected in your Wallet and on the Services (while your Wallet remains connected).

These Terms, along with our Privacy Policy and any applicable Third Party Platform terms, govern your access to and use of the Services. Please read these Terms carefully, as they affect your legal rights. By accessing or using the Services, you agree to these Terms. If you do not understand or agree to these Terms, don't use the Services.

For purposes of these Terms, "you" and "your" means you as the user of the Services. If you use the Services on behalf of a company, then "you" includes you and that entity, and you represent and warrant that (a) you are authorized to bind the company to these Terms, and (b) you agree to these Terms on the company's behalf.

We reserve the right to change or modify these Terms at any time and in our sole discretion. If we change these Terms, we will notify you, such as by sending an email notification, providing notice through the Services or updating the "Last Updated" date above. By continuing to access or use the Services, you confirm your acceptance of the revised Terms and all of the terms incorporated herein by reference.

Please note that Section 8 contains an arbitration clause and class action waiver. By agreeing to these Terms, you agree to (a) resolve disputes with us through binding individual arbitration, not by a judge or jury, and (b) waive your right to participate in class actions, class arbitrations, or representative actions. You may opt-out of arbitration, as explained in Section 8.

1. THE SERVICES

1.1 Our Services. The Site is a marketplace where you can purchase and sell Crypto Assets. Once you have decided to transact a Crypto Asset, our Third Party Platforms create a transaction for your order and pass it onto the Solana Network for execution. Upon successful execution of your order, your Crypto Assets will be reflected in your Wallet and on the Services.

  1. "Crypto Assets" refers to unique non-fungible tokens, implemented on the Solana blockchain using smart contracts, including those minted and sold by us and those resold by other users of the Services.
  2. "Solana Network" refers to the Solana blockchain, as augmented by the services of our Third Party Platforms.
  3. "Wallet" refers to a digital wallet capable of transacting on the Solana Network and interoperating with the Services. As of December 7, 2021, the Services only support Phantom Wallets, available at phantom.app.

1.2 Our Crypto Assets, Briefly. The Crypto Assets made available on the Services typically include an associated license to an audiovisual depiction of gameplay, as discussed in more depth in Section 6. If purchased, they may be resold on approved third-party marketplaces. As of December 7, 2021, Crypto Assets may only be resold through Magic Eden, though our team is working to add additional outside marketplaces. The Crypto Assets do not and will never include any residual, dividend, profit interest or other financial incentive derived from the ownership of the Crypto Asset itself. The value of the Crypto Assets made available on the Services, in terms of cryptocurrency or government-issued currency (like Euros and U.S. Dollars), may decrease or increase over time. The prices for Crypto Assets on the Services are set in Sol, the native token of the Solana Network.

1.3 Use of Third Party Platforms through the Services. Aspects of the Services require the use of certain third party services ("Third Party Platforms"), such as to provide your Wallet and to generate, route and execute transactions for Crypto Assets. The Services may display, include or make available content, data, information, applications or materials from third parties or provide links to Third Party Platforms.

1.4 Third Party Platforms are trusted partners of the Company, but we do not control them. By using the Services, you acknowledge and agree that the Company is not responsible for examining or evaluating the content, accuracy, completeness, availability, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Platforms. We do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any Third Party Platforms, or for any other materials, products, or services of third parties. If you have any complaints in connection with any Third Party Platforms, please contact such third party directly, or contact your state Attorney General or the Federal Trade Commission at www.ftc.gov.

1.5 Who May Use the Services.

  1. You must be 18 years of age or older to use the Services.
  2. Neither you nor any person that owns or controls you is subject to sanctions or otherwise designated on any list of prohibited or restricted parties, including but not limited to the lists maintained by the United Nations Security Council, the U.S. Government (e.g., the Specially Designated Nationals List and Foreign Sanctions Evaders List of the U.S. Department of Treasury and the Entity List of the U.S. Department of Commerce), the European Union or its Member States, or other applicable government authority.
  3. At present, users from the States of New York and Washington in the U.S. are not permitted to transact Crypto Assets.

1.6 Your Equipment.You must provide all equipment and software necessary to connect to the Services, including but not limited to, a Wallet and a hardware device that is suitable to connect with and use Services. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing the Services.

2. ORDERS FOR CRYPTO ASSETS

2.1 Orders, in General. Any financial transactions, like orders for Crypto Assets, that you wish to conduct using the Services require you to connect your Wallet to the Services. Transactions conveying the ownership of Crypto Assets will be conducted solely through the Solana Network once authorized by your Wallet. We have no control over these payments or transactions, nor do we have the ability to reverse any payments or transactions. We have no liability to you or to any third party for any claims or damages that may arise as a result of any payments or transactions that you engage in via the Services, or any other payment or transactions that you conduct via the Solana Network.

2.2 No Refunds. We do not provide refunds for any purchases that you might make on or through the Services, including Crypto Assets.

2.3 Payment.

  1. Prices are set in Sol, the native token of the Solana Network.
  2. All payments for Crypto Assets must be made from your Wallet and are effected by our Third Party Platforms.
  3. You represent and warrant that you have the legal right to use the Wallet you provide to us in connection with any Crypto Asset transaction.
  4. We reserve the right, with or without prior notice and in our sole and complete discretion, to (i) discontinue, modify, or limit the available quantity of, any Crypto Assets, and (ii) refuse to allow any user to purchase any Crypto Asset.
  5. When you purchase Crypto Assets, you (i) agree to pay the price for such Crypto Assets as set forth in the applicable Services, and all transaction fees necessary to facilitate your purchase (such as Third Party Platform, Wallet, minting and Solana Network fees), and (ii) authorize the Services to debit your Wallet for that amount. Orders will not be processed until payment has been received in full.

2.4 Responsibility for Taxes. 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 Services. Except for income taxes levied on us, you: (a) will pay or reimburse us for all 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 (b) will not be entitled to deduct the amount of any Taxes from payments (including transaction fees) made to us pursuant to these Terms.

2.5 Promotional Codes. We may offer certain promotional offers, referral codes, discount codes, coupon codes or similar offers ("Promotional Offers") that may be redeemed for discounts on future Crypto Assets, or other features or benefits related to the Services, subject to any additional terms that the Company establishes. None of our Promotional Offers entitle the purchaser of a Crypto Asset to any residual, profit interest or other financial incentive attributable to the post-acquisition ownership of the Crypto Asset itself. You agree that Promotional Offers: (a) must be used in a lawful manner; (b) must be used for the intended audience and purpose; (c) may not be duplicated, sold or transferred in any manner, or made available by you to the general public (whether posted to a public forum, coupon collecting service, or otherwise), unless expressly permitted by the Company; (d) may be disabled or have additional conditions applied to them by the Company at any time for any reason without liability to the Company; (e) may only be used pursuant to the specific terms that the Company establishes for such Promotional Offer; (f) are not valid for cash, cryptocurrency or any other credits or points; and (g) may expire prior to your use.

3. LOCATION OF OUR PRIVACY POLICY

3.1 Privacy Policy. Our Privacy Policy describes how we handle the information you provide to us when you use the Services. For an explanation of our privacy practices, visit our Privacy Policy.

4. USE OF THE SERVICES

4.1 License Grant. Subject to your compliance with these Terms, the Company hereby grants to you, a personal, worldwide, royalty-free, non-assignable, non-sublicensable, non-transferrable, and non-exclusive license to use the Site and software provided to you as part of the Services. This license has the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by us, in the manner permitted by these Terms and subject to the use restrictions described below.

4.2 Acceptable Use of the Services. You may not:

  1. download, modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from or through, the Services;
  2. duplicate, decompile, reverse engineer, disassemble or decode the Services, or attempt to do any of the same;
  3. use, reproduce or remove any copyright, trademark, service mark, trade name, slogan, logo, image, or other proprietary notation displayed on or through the Services;
  4. use cheats, automation software (bots), hacks, modifications (mods) or any other unauthorized third-party software designed to modify or affect the Services;
  5. exploit the Services for any commercial purpose, including without limitation communicating or facilitating any commercial advertisement or solicitation;
  6. access or use the Services or any underlying API in any manner that could disable, overburden, damage, disrupt or impair the Services or interfere with any other party's access to or use of the Services or use any device, software or routine that causes the same;
  7. attempt to gain unauthorized access to, interfere with, damage or disrupt the Services, or the computer systems or networks connected to the Services;
  8. circumvent, remove, alter, deactivate, degrade or thwart any technological measure or content protections of the Services or any underlying API;
  9. use any robot, spider, crawlers or other automatic device, process, software or queries that intercepts, mines, scrapes or otherwise accesses the Services to monitor, extract, copy or collect information or data from or through the Services, or engage in any manual process to do the same;
  10. introduce any viruses, trojan horses, worms, logic bombs or other materials that are malicious or technologically harmful into our systems;
  11. use the Services for illegal, harassing, unethical, or disruptive purposes;
  12. violate any applicable law or regulation in connection with your use of the Services; or
  13. access or use the Services or any underlying API in any way not expressly permitted by these Terms.

4.3 If you have reason to believe that a Crypto Asset listed on the Services was illegally obtained, please contact us immediately at info@powderheroes.gg. Include the asset's ID, the Crypto Asset's contract address, and evidence demonstrating that the asset was illegally obtained. We will review your claim and reply within 72 hours. If we determine from the evidence that the asset is stolen, we will hide it or disable trading of it.

5. OWNERSHIP OF CRYPTO ASSETS, SERVICES AND CONTENT

5.1 Ownership of the Services. The Services, including their "look and feel" (e.g., text, graphics, images, logos), proprietary content, information and other materials, are protected under copyright, trademark and other intellectual property laws. You agree that the Company and/or its licensors own all right, title and interest in and to the Services (including any and all intellectual property rights therein) and you agree not to take any action(s) inconsistent with such ownership interests. We and our licensors reserve all rights in connection with the Services and its content, including, without limitation, the exclusive right to create derivative works.

5.2 Ownership of Trademarks. The Company's name and logo, the Verse and Powder names and logos, and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. Other names, logos, product and service names, designs and slogans that appear on the Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.

5.3 Ownership of Feedback. We welcome feedback, comments and suggestions for improvements to the Services ("Feedback"). You acknowledge and expressly agree that any contribution of Feedback does not and will not give or grant you any right, title or interest in the Services or in any such Feedback. All Feedback becomes the sole and exclusive property of the Company, and the Company may use and disclose Feedback in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim. You hereby assign to the Company any and all right, title and interest (including, but not limited to, any patent, copyright, trade secret, trademark, show-how, know-how, moral rights and any and all other intellectual property right) that you may have in and to any and all Feedback.

5.4 Ownership and License Rights for Crypto Assets.

  1. YOUR OWNERSHIP OF CRYPTO ASSETS WILL ONLY BE RECOGNIZED BY US IF YOU HAVE PURCHASED OR OTHERWISE RIGHTFULLY ACQUIRED SUCH CRYPTO ASSETS THROUGH A VALID CHAIN OF TITLE AND NOT THROUGH ANY OF THE RESTRICTED ACTIVITIES IN SECTION 6.4(F).
  2. For the purposes of this Section 6.4, the following capitalized terms will have the following meanings:
    1. "Art" means any art, design or drawings (in any form or media, such as video or photographs) that may be associated with a Crypto Asset.
    2. "Own" means, with respect to a Crypto Asset, a Crypto Asset that you have purchased or otherwise rightfully acquired from a legitimate source (and not through any of the Restricted Activities in Section 6.4(f)), as recorded on the Solana Network.
    3. "Purchased Crypto Asset" means a Crypto Asset that you Own.
    4. "Third Party IP" means any third party patent rights, copyrights, trade secrets, trademarks, know-how or any other intellectual property rights recognized in any country or jurisdiction in the world.

  3. Ownership of Crypto Asset. When you purchase a Crypto Asset in accordance with these Terms (and not through any of the Restricted Activities in Section 6.4(f)), you own the underlying token completely. This means that you have the right to swap your Crypto Asset, sell it, or give it away. Ownership of the Crypto Asset is mediated entirely by the Solana Network and maintained in your Wallet. Except as otherwise permitted by these Terms in cases where we determine that the Crypto Asset has not been rightfully acquired from a legitimate source (including, without limitation, through any of the Restricted Activities in Section 6.4(f)), at no point will we seize, freeze, or otherwise modify the ownership of any Crypto Asset.
  4. User License to Art. Subject to your continued compliance with these Terms, we and our licensors grant the owner of the Crypto Asset a worldwide, non-exclusive, non-transferable, royalty-free license to use, copy, and display the Art for your Purchased Crypto Assets, solely for the following purposes:
    1. for your own personal, non-commercial use;
    2. as part of a marketplace that permits the purchase and sale of your Purchased Crypto Assets, provided that the marketplace cryptographically verifies each Crypto Asset owner's rights to display the Art for their Purchased Crypto Asset to ensure that only the actual owner can display the Art; or
    3. as part of a third party website or application that permits the inclusion, involvement, or participation of your Purchased Crypto Asset, provided that the website/application cryptographically verifies each Crypto Asset's owner's rights to display the Art for their Purchased Crypto Asset to ensure that only the actual owner can display the Art, and provided that the Art is no longer visible once the owner of the Purchased Crypto Asset leaves the website/application.

  5. What You Do Not Own or License. For the sake of clarity, you understand and agree that:
    1. that your purchase of a Crypto Asset, whether via the Services or otherwise, does not give you any rights or licenses in or to the Services (including, without limitation, our copyright in and to the associated Art) other than those expressly contained in these Terms;
    2. you do not have the right, except as otherwise set forth in these Terms, to reproduce, distribute, or otherwise commercialize any elements of the Services (including, without limitation, any Art) without our prior written consent in each case, which consent we may withhold in our sole and absolute discretion; and
    3. you will not apply for, register, or otherwise use or attempt to use any of our 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.

  6. Restricted Activities. When you transact a Crypto Asset, in addition to the Acceptable Use of the Services in Section 5.2, you may not, in any manner (collectively, "Restricted Activities"):
    1. impersonate another person (via the use of an email address or otherwise);
    2. acquire a Crypto Asset through inappropriate or illegal means (including, among other things, using a stolen credit card, or a payment mechanism that you do not have the right to use, or purchasing a Crypto Asset and then attempting to charge the cost back to your payment method while still maintaining ownership or control of the Crypto Asset or selling, gifting or trading the Crypto Asset to someone else); or
    3. buy, sell or facilitate the transaction of any user's Wallet or Crypto Asset(s) to other users or third parties for cash or cryptocurrency consideration outside of the Services; or
    4. take any action that otherwise contributes to or results in the wrongful seizure or receipt of any Crypto Asset or other digital assets.

  7. Restrictions on Ownership. You agree that you may not, nor permit any third party to do or attempt to do any of the foregoing without our (or, as applicable, our licensors') express prior written consent in each case:
    1. modify the Art for your Purchased Crypto Asset in any way, including, without limitation, the shapes, designs, drawings, attributes, or color schemes;
    2. use the Art for your Purchased Crypto Asset to advertise, market, or sell any third party product or service
    3. use the Art for your Purchased Crypto Asset in connection with images, videos, or other forms of media that depict hatred, intolerance, violence, cruelty, or anything else that could reasonably be found to constitute hate speech or otherwise infringe upon the rights of others
    4. use the Art for your Purchased Crypto Asset in movies, videos, or any other forms of media, except to the limited extent that such use is expressly permitted in these Terms or solely for your own personal, non-commercial use;
    5. sell, distribute for commercial gain (or give away in the hopes of eventual commercial gain), or otherwise commercialize merchandise that includes, contains, or consists of the Art for your Purchased Crypto Asset;
    6. attempt to trademark, copyright, or otherwise acquire additional intellectual property rights in or to the Art for your Purchased Crypto Asset; or
    7. otherwise utilize the Art for your Purchased Crypto Asset for your or any third party's commercial benefit.

  8. Third Party IP. If the Art associated with your Purchased Crypto Asset contains Third Party IP (such as licensed intellectual property from a game studio or game player), you understand and agree that:
    1. you will not have the right to use such Third Party IP in any way except as incorporated in the Art, and subject to the license and restrictions contained herein;
    2. depending on the nature of the license granted from the owner of the Third Party IP, we may need to (and reserve every right to) pass through additional restrictions on your ability to use the Art, or even effectively prevent your access to or use of the Art on a temporary or permanent basis; and
    3. to the extent that we inform you of such additional restrictions in writing, you will be responsible for complying with all such restrictions from the date that you receive the notice, and that failure to do so will be deemed a breach of the license contained in this Section 6.

  9. Termination and Survival of License. The license granted in Section 6.4(d) above applies only to the extent that you continue to Own the applicable Purchased Crypto Asset. If at any time you sell, swap, donate, give away, transfer, or otherwise dispose of your Purchased Crypto Asset for any reason, the license granted in Section 6.4(d) will immediately expire with respect to that Crypto Asset without the requirement of notice, and you will have no further rights in or to the Art for that Crypto Asset. The restrictions in Sections 6.4(g) and 6.4(h) survive the expiration or termination of these Terms.

6. RISK, DISCLAIMERS, LIMITS ON LIABILITY AND INDEMNIFICATION

6.1 Assumption of Risk. Your access to and use of the Services are at your own risk. You understand and agree that the Services are provided to you on an "AS IS" and "AS AVAILABLE" basis. Specifically, you accept and acknowledge:

  1. The prices of blockchain assets are extremely volatile. Fluctuations in the price of other digital assets could materially and adversely affect the Crypto Assets, which may also be subject to significant price volatility. Crypto Assets may lose value after their initial purchase. We cannot guarantee that any Crypto Asset will maintain its value in the future.
  2. You are solely responsible for determining what, if any, taxes apply to your Crypto Assets transactions. Neither we nor any Third Party Platform is responsible for determining the taxes that apply to Crypto Assets transactions.
  3. Our Services do not store, send, or receive Crypto Assets. This is because Crypto Assets exist only by virtue of the ownership record maintained on its supporting blockchain. Any transfer of Crypto Assets occurs within the Solana Network and not on these Services.
  4. There are risks associated with using an Internet based currency, including but not limited to, the risk of defective or inefficient 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 we will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the Crypto Assets, however caused.
  5. A lack of use or public interest in the creation and development of distributed ecosystems could negatively impact the development of those ecosystems and related applications, and could therefore also negatively impact the potential utility or value of Crypto Assets.
  6. The regulatory regime governing blockchain technologies, cryptocurrencies, and tokens is uncertain, and new regulations or policies may materially adversely affect the development of the Services and the value or utility of Crypto Assets.
  7. The Services rely on Third-Party Platforms to perform the transaction of Crypto Assets. If their software contains errors or malicious code; if their terms and conditions of use change; if we violate or cannot comply with their terms and conditions; or if any falls out of favor or is unavailable for a prolonged period of time, your access to and use of the Services will suffer.
  8. There are risks associated with purchasing Crypto Assets, such as the risk of purchasing assets that are vulnerable to metadata decay, assets on smart contracts with bugs, and assets that may become untransferable. We reserve the right to hide Crypto Assets affected by any of these issues or by other issues. Crypto Assets you purchase may become inaccessible on our Services, such as if you transact them using your a third-party marketplace. Under no circumstances shall the inability to view your assets on the Services serve as grounds for a claim against us.

6.2 Disclaimers.

6.3 Without limiting the Assumption of Risks, to the maximum extent permitted under applicable law, the Company, its parents, affiliates, related companies, officers, directors, employees, agents, representatives, partners and licensors (the "Company Entities") DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SERVICE, CRYPTO ASSETS AND CONTENT CONTAINED THEREIN. Some jurisdictions do not allow the exclusion of implied warranties in contracts with consumers, so these disclaimers may not apply to you.

6.4 WE, THE CUSTODIAN (AND OUR THIRD PARTY PLATFORM PROVIDERS) MAKE NO WARRANTY THAT THE SERVICES, THE CONTENT THEREIN OR THE CRYPTO ASSETS:

  1. WILL MEET YOUR REQUIREMENTS;
  2. WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; OR
  3. WILL BE ACCURATE, RELIABLE, COMPLETE, LEGAL OR SAFE.

6.5 WE WILL NOT BE LIABLE FOR ANY LOSS OF ANY KIND FROM ANY ACTION TAKEN OR NOT TAKEN IN RELIANCE ON MATERIAL OR INFORMATION CONTAINED ON THE SERVICES. WHILE WE ATTEMPT TO MAKE YOUR ACCESS TO AND USE OF THE SERVICES SAFE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE SERVICES, CONTENT, OR ANY CRYPTO ASSETS LISTED ON OUR SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

6.6 WE CANNOT GUARANTEE THE SECURITY OF ANY DATA THAT YOU DISCLOSE ONLINE. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND WILL NOT HOLD US RESPONSIBLE FOR ANY BREACH OF SECURITY UNLESS IT IS DUE TO OUR GROSS NEGLIGENCE.

6.7 WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS AND TAKE NO RESPONSIBILITY FOR, AND WILL NOT BE LIABLE TO YOU FOR, ANY USE OF CRYPTO ASSETS, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM:

  1. USER ERROR, SUCH AS FORGOTTEN PASSWORDS;
  2. SERVER FAILURE OR DATA LOSS;
  3. CORRUPTED WALLET FILES;
  4. UNAUTHORIZED ACCESS TO APPLICATIONS;
  5. ANY UNAUTHORIZED THIRD PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION THE USE OF VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK AGAINST THE SERVICES OR CRYPTO ASSETS.

6.8 CRYPTO ASSETS ARE INTANGIBLE DIGITAL ASSETS. THEY EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED ON THE SOLANA NETWORK. ANY TRANSFER OF TITLE THAT MIGHT OCCUR IN ANY UNIQUE DIGITAL ASSET OCCURS ON THE DECENTRALIZED LEDGER WITHIN THE SOLANA NETWORK. WE DO NOT GUARANTEE THAT WE OR THE CUSTODIAN CAN EFFECT THE TRANSFER OF TITLE OR RIGHT IN ANY CRYPTO ASSETS

6.9 The Company Entities are not responsible for losses attributable to any vulnerability of Crypto Assets, or any kind of failure or abnormal behavior of software (e.g., a software or hardware wallet or a smart contract), blockchains or any other features of the Crypto Assets. We are not responsible for any losses or harm suffered due to any issues with the Solana Network, including downtime, forks or technical node issues.

6.10 No advice or information, whether oral or written, obtained from the Company Entities or through the Services, will create any warranty or representation not expressly made herein.

6.11 Nothing in these Terms shall exclude or limit liability of either party for fraud, death or bodily injury caused by negligence, violation of laws, or any other activity that cannot be limited or excluded by legitimate means.

6.12 Limitations of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, YOU AGREE THAT IN NO EVENT WILL THE COMPANY ENTITIES BE LIABLE:

  1. FOR DAMAGES OF ANY KIND, INCLUDING DIRECT, INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA OR PROFITS, BUSINESS INTERRUPTION OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICES), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER UNDER THESE TERMS OR OTHERWISE ARISING IN ANY WAY IN CONNECTION WITH THE SERVICES OR THESE TERMS AND WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) EVEN IF THE COMPANY ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, OR
  2. FOR ANY OTHER CLAIM, DEMAND OR DAMAGES WHATSOEVER RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE DELIVERY, USE OR PERFORMANCE OF THE SERVICES.
  3. THE COMPANY ENTITIES' TOTAL LIABILITY TO YOU FOR ANY DAMAGES FINALLY AWARDED SHALL NOT (i) EXCEED THE AMOUNT OF ONE HUNDRED DOLLARS ($100.00), OR (ii) THE AMOUNT YOU PAID THE COMPANY ENTITIES DIRECTLY, IF ANY, FOR THE SERVICES (OR CRYPTO ASSETS PURCHASED FROM THE COMPANY ENTITIES ON THE SERVICES) IN THE SIX (6) MONTHS PRIOR TO THE OCCURRENCE GIVING RISE TO THE CLAIM.

    SOME JURISDICTIONS (SUCH AS THE STATE OF NEW JERSEY) DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU.

    THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

6.13 Indemnification. By entering into these Terms and accessing or using the Services, you agree that you shall defend, indemnify and hold the Company Entities harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) incurred by the Company Entities arising out of or in connection with:

  1. your violation or breach of any term of these Terms or any applicable law or regulation;
  2. your violation of any rights of any third party;
  3. your access to or use of the Services; and
  4. your negligence or willful misconduct.

7. ARBITRATION AND CLASS ACTION WAIVER

7.1 Informal Process First. You agree that in the event of any dispute between you and the Company Entities, you will first contact the Company and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution, including without limitation, any court action.

7.2 Arbitration Agreement and Class Action Waiver. After the informal dispute resolution process, any remaining dispute, controversy, or claim (collectively, "Claim"), whether in equity or at law (such as claims for injunctive or preliminary relief), relating in any way to your use of the Company's services and/or products, including the Services, will be resolved by arbitration, including threshold questions of arbitrability of the Claim. You and the Company agree that any Claim will be settled by final and binding arbitration, using the English language, administered by JAMS under its Comprehensive Arbitration Rules and Procedures (the "JAMS Rules") then in effect (those rules are deemed to be incorporated by reference into this section, and as of the date of these Terms). The seat of the arbitration will be Los Angeles, California. Arbitration will be handled by a sole arbitrator in accordance with the JAMS Rules. Judgment on the arbitration award may be entered in any court that has jurisdiction. Any arbitration under these Terms will take place on an individual basis - class arbitrations and class actions are not permitted. You understand that by agreeing to these Terms, you and the Company are each waiving the right to trial by jury or to participate in a class action or class arbitration. Notwithstanding the foregoing, Company (and not you) will have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator. You may instead assert your claim in "small claims" court, but only if your claim qualifies, your claim remains in such court and your claim remains on an individual, non-representative and non-class basis.

7.3 Costs of Arbitration. Payment for any and all reasonable JAMS filing, administrative and arbitrator fees will be in accordance with the JAMS Rules. Each party will pay for the reasonable filing, administrative and arbitrator fees associated with the arbitration, unless the arbitrator finds that either the substance of your claim or the relief sought was frivolous or brought for an improper purpose.

7.4 Opt-Out. You have the right to opt-out and not be bound by the arbitration provisions set forth in these Terms by sending written notice of your decision to opt-out to info@powderheroes.gg or to the mailing address listed in the "How to Contact Us" section of these Terms. The notice must be sent to the Company within thirty (30) days of your registering to use the Services or agreeing to these Terms, otherwise you shall be bound to arbitrate disputes in accordance with these Terms. If you opt-out of these arbitration provisions, the Company also will not be bound by them.

8. ADDITIONAL PROVISIONS

8.1 Updating These Terms. We may modify these Terms from time to time in which case we will update the "Last Updated" date at the top of these Terms. Any such modifications will apply retroactively unless otherwise specified in the then-current Terms. If we make changes that are material, we will use reasonable efforts to attempt to notify you, such as by e-mail and/or by placing a prominent notice on the first page of the Site. However, it is your sole responsibility to review these Terms from time to time to view any such changes. The updated Terms will be effective as of the time of posting, or such later date as may be specified in the updated Terms. Your continued access or use of the Services after the modifications have become effective will be deemed your acceptance of the modified Terms.

8.2 Termination of License. If you breach any of the provisions of these Terms, all licenses granted by the Company will terminate automatically. Additionally, the Company may suspend or disable you and/or your Wallet's access to the Services (or any part of the foregoing) with or without notice, for any or no reason. Any Crypto Assets you previously transacted may remain trackable, viewable or transactable in your Wallet, but you will not be able to view them through the Services or otherwise use the Services. All sections which by their nature should survive the termination of these Terms shall continue in full force and effect subsequent to and notwithstanding any termination of your ability to use the Services, by Company or by you. Termination will not limit any of the Company's other rights or remedies at law or in equity.

8.3 Injunctive Relief. You agree that a breach of these Terms will cause irreparable injury to the Company for which monetary damages would not be an adequate remedy and the Company shall be entitled to equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security or proof of damages.

8.4 California Residents. If you are a California resident, in accordance with Cal. Civ. Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.

8.5 Export Laws. You agree that you will not export or re-export, directly or indirectly, the Services, any Crypto Asset and/or other information or materials provided by the Company hereunder, to any country for which the United States or any other relevant jurisdiction requires any export license or other governmental approval at the time of export without first obtaining such license or approval. In particular, but without limitation, the Services and Crypto Assets may not be exported or re-exported (a) into any U.S. embargoed countries or any country that has been designated by the U.S. Government as a "terrorist supporting" country, or (b) to anyone listed on any U.S. Government list of prohibited or restricted parties, including the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List. By using the Services, you represent and warrant that you are not located in any such country or on any such list. You are responsible for and hereby agree to comply at your sole expense with all applicable United States export laws and regulations.

8.6 Miscellaneous. If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. These Terms and the licenses granted hereunder may be assigned by the Company but may not be assigned by you without the prior express written consent of the Company. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for reference only and shall not be read to have any legal effect. The Services are operated by us under the laws of the United States. Those who choose to access the Services from locations outside the United States do so at their own initiative and are responsible for compliance with applicable local laws.

8.7 Governing Law. These Terms are governed by the laws of the State of California, without regard to conflict of laws rules, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Los Angeles, California. You and the Company agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply to the interpretation or construction of these Terms or the transaction of Crypto Assets.

8.8 How to Contact Us. You may contact us regarding the Services or these Terms at: 229 Rue Saint Honore, 75001 Paris, France or by e-mail at info@powderheroes.gg.

   

POWDER - PRIVACY POLICY

Effective Date: 2021-12-15

1. INTRODUCTION

This privacy policy ("Privacy Policy") governs and explains our privacy policies and practices on the Powder platform, which includes the Powder app (the "App") and the Powder website, the Powder Heroes platform and its digital assets, and all content, features, and materials thereon (collectively, the "Platform") provided by Unique Entertainment Experience SAS d/b/a Powder ("Powder" or "we", "our" or "us").

This Privacy Policy forms part of your Agreement with us, and is incorporated into, and governed by, our Terms and Conditions. All capitalized terms below that are not defined in this Privacy Policy have the meaning given them in our Terms and Conditions. By using the Platform, you (i) represent that you meet the criteria for eligibility to use the Platform contained in the Terms and Conditions, and (ii) agree to the Agreement.

This Privacy Policy describes:

Changes to this Policy: We reserve the right to change this Privacy Policy at any time. ll changes are effective on the date listed above, and will apply to all information that we have about you. Your continued use of the Platform after any change is posted indicates your acceptance of this Privacy Policy and your continued consent to our processing of your Personal Information as set forth herein. If at any point you do not agree to any portion of the Privacy Policy, you should immediately stop using the Platform.

Contact Us: Please contact us at info@powderheroes.gg or at 229 Rue Saint Honorée, 75001, Paris, France with any questions or requests regarding this Privacy Policy.

2. INFORMATION WE COLLECT

  1. Personal Information
  2. "Personal Information" is information that may be used to directly or indirectly identify an individual (which in some cases, may include certain device information). The Personal Information we collect may include your (a) name, postal address, email address, and phone number; (b) Internet Protocol (IP) address, device ID or other persistent identifiers tied to your computer or device; and (c) information about your accounts with Third Party Platforms ("Third Party Accounts") you choose to provide us to enable aspects of the Platform. We may ask you to provide additional information for identity verification purposes, or to verify that you are in possession of an Account.

    In general, Personal Information we collect includes, but is not limited to:

    We generally do not collect (a) your geo-location data, (b) your gender, and/or (c) your age (other than to verify that you are over thirteen (13) years old, in accordance with our Terms and Conditions).

  3. Third Party Account information
  4. If you choose to use your Google account to authenticate and/or connect to the Platform, you authorize us to verify your Google account information and any Personal Information contained therein for that purpose, and to maintain the connection between your Platform account and your Google account until it is revoked by you or Google, or you cease to use the Platform. We do not use your Google account information for any purpose other than authentication and verification of your account on the Platform.

  5. Usage Data
  6. "Usage Data" is information passively or automatically collected by us through your use of the Platform. Usage Data is transactional data that is not necessarily associated with any user as an individual. This includes, but is not limited to: collecting and tracking your session ID; your server domain names; date and time of your visit(s) to our Platform; the originating IP address(es); Game Content viewed and/or shared by you; number of likes on Game Content; amount of time spent on Game Content; number of views of Game Content; search engine(s) used by you to find our Platform; the type of operating system you use; various information and data on how you use our Platform, and the type of Web browser(s) for Users of our Platform; the language you use in your web browser(s); operating system(s) on your mobile phone(s); your mobile device type and related technical information; the state or country from which you access our Platform; the number of links or other features you click within our Platform; the functions you use on our Platform; the specific Game Content that you create, view, share, repost, save, screenshot, or download from our Platform, where offered; Http headers, where applicable; Powder, Powder camera data, and Powder login information; your social network or phone contacts, where permission given; and/or optional values such as custom data events and conversion values on our Platform. We also may anonymize and/or aggregate Usage Data.

  7. Your Content
  8. As defined in our Terms and Conditions, any content you submit or authorize for use on the Platform through your Account is "Your Content". Your Content includes any Game Content (and resulting Clips) that you either submit to us or authorize us to capture on your behalf from Third Party Accounts.

  9. Changing, Opting Out and Deleting Personal Information
  10. Under certain laws, including as described below with respect to the GDPR and CCPA, you may have the right to: obtain confirmation that we hold Personal Information about you, request access to and receive information about the Personal Information we maintain about you, receive copies of the Personal Information we maintain about you, update and correct inaccuracies in your Personal Information, object to the continued processing of your Personal Information, and have the Personal Information blocked, anonymized or deleted, as appropriate. The right to access Personal Information may be limited in some circumstances by local law, including as described above under California law. If you qualify, in order to exercise these rights, please contact us as described under "Contact Us".

    You may opt out of promotional communications by sending us an email at the email address below under "Contact Us".

    Please understand, however, that we reserve the right to retain an archive of such Personal Information for a commercially reasonable time to ensure that its deletion does not affect the integrity of our data; and we further reserve the right to retain an anonymous version of such Information.

    3. HOW WE COLLECT INFORMATION

    4. HOW WE USE INFORMATION

    5. DISCLOSURE OF PERSONAL INFORMATION

    6. TARGETED ADVERTISING

    7. SECURITY OF PERSONAL INFORMATION

    8. ACCESSING, CORRECTING AND DELETING PERSONAL INFORMATION

    9. RIGHT TO CHANGE PRIVACY POLICY

    Our business changes, and both this Privacy Policy and our Terms and Conditions, may change accordingly. We reserve the right to change this Privacy Policy at any time. Please check our Platform and this Privacy Policy frequently to review any changes. Unless stated otherwise, our current Privacy Policy applies to all information that we have about you and your Account. Your continued used of our Platform will be interpreted as your acceptance of any such changes and updates to this Privacy Policy.

    Any disputes about your use of the Platform or our services will be resolved as described in our Terms and Conditions. If you have any concern about privacy on our Platform and/or our services available on or through our Platform, please contact us with a thorough description, and we will try to resolve it.

    10. USERS FROM CALIFORNIA

    11. USERS FROM THE EUROPEAN UNION AND THE UK

    If you are a resident in, or a national of, the EU and/or the UK, you confirm your acceptance of the Privacy Policy statements set out above but only insofar as they are not altered, changed or enhanced by the following provisions required by the EU General Data Protection Regulation ("GDPR").

    The Lawful Basis for Processing Your Personal Data

    In processing or holding your personal data in connection with the purposes set out in this Privacy Policy, we may rely on one or more of the following legal reasons, depending on the circumstances, where:

    Transfer of Your Personal Information

    If you are resident outside the United States, including in the EEA, we transfer Personal Information provided by you for processing in the United States. Under the GDPR, we are considered a "controller" and a "co-processor" of the Personal Information of EEA Residents. By providing Personal Information to us for the purpose of setting up an account, obtaining Platform, or adding yourself to our contact lists, you consent to the transfer of your Personal Information to the United States. The transfer of your Personal Information to the United States is necessary for the performance of a contract between you and us for accessing the Platform.

    12. CHILDREN UNDER 13

    We are committed to preserving online privacy for everyone, including children. Consistent with the Children's Online Privacy Protection Act, we do not knowingly collect any personal information from children under the age of 13, and we delete any such information we become aware of. If you are a parent or guardian and you believe your child has provided us with Personal Information, please contact us at info@powderheroes.gg and include in your message the login information that your child submitted.

    13. LANGUAGE AND TRANSLATIONS

    This Privacy Policy has been drafted in the English language and any translation hereof shall be deemed to be for information purposes only.

    In the event of any dispute related to any non-English translation of this Privacy Policy, the English language version shall govern.