Cosmic Assassin: Terms And Conditions

OVERVIEW

Throughout the website/Game, the terms “we”, “us” and “our” refer to Marcrypt LLC, an Illinois limited liability company We offer the website/Game, cosmicassassin.com including all information, tools and services available from this website/Game to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices mentioned by us. These include but are not limited to the risk and investment disclosure policy and privacy policy. Any supplemental terms and conditions or documents shall be expressly incorporated herein by reference.

By visiting our website/Game and/ or accessing or initiating transactions in or for the Game, through in game currencies, such as $BLD you engage in our “Service” and agree to be bound by the risk and investment disclosure policy, privacy policy and the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website/Game. By accessing or using any part of the site, including but not limited to the Game, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you must not access the website/Game or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current version of the website/Game shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service. However, no notice of the same shall be provided and it is your responsibility to check this page periodically for changes. Your continued use of or access to the website/Game following the posting of any changes constitutes continuous acceptance of those changes.

  1. By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence and are legally permitted to provide your consent and legally use this website. The Game may contain violent and impressionable content, that may not be appropriate for anyone under the legal age of majority in their country. Therefore, before proceeding further, you again expressly represent that you or anyone you permit to access the website/Game are at least the age of majority within their state or province of residence.
  2. You shall not disparage the owners of this website/Game.
  3. You shall not transmit any worms or viruses or any code of a destructive nature.
  4. You represent and warrant that You have all legal rights necessary to submit information. If you are acting on behalf of any other entity or organization, you represent that you have the authority to bind such entity to the Terms.
  5. You are cautioned that while we do not knowingly collect personal information from children or create profiles of children through this website/Game, the collection of information submitted in an e-mail or through an online transaction will be treated as though it was submitted by an adult, and may, unless exempted from access by federal or State law, be subject to public access. We encourage parents and teachers to be involved in children's internet activities and to provide guidance whenever children are asked to provide personal information online.

SECTION X – UNITY WEB PLAYER LICENSE

The website/Game are developed using Unity Software, and by using the website/Game you are required to accept the terms of the Unity Web Player License Agreement which is available at https://unity.com/legal/webplayer-eula. If you do not agree to the Unity Web Player License Agreement, you should not access the website/Game.

SECTION X – PURPOSE AND USE OF IN-GAME CURRENCY (BLOOD DIAMONDS / $BLD)

Blood Diamonds (“$BLD”) are cryptographic tokens that serve as the in-game currency used to play Cosmic Assassin and purchase in-game assets, including those offered as non-fungible tokens (“NFTs”). You understand and agree that the purchase, ownership, receipt, or possession of $BLD tokens carry no rights, express or implied, other than the right to use such tokens as a means to participate, interact or transact on the website/Game. $BLD tokens do not represent or confer any ownership right or stake, share, security, or equivalent rights, or any right to receive future revenue shares, intellectual property rights or any other form of participation in or relating to Marcrypt or any of its corporate affiliates. $BLD tokens are not intended to be utilized outside the website/Game as a digital currency, security, commodity, or any kind of financial instrument. Neither Marcrypt nor any of its corporate affiliates shall be liable for any decrease in value of $BLD tokens or any other damages incurred as a result of using or purchasing $BLD tokens for anything besides their intended use on the website/Game.

You further understand and agree that $BLD tokens are not redeemable for any monetary value, whether in the form of cash or other digital assets, and all purchases of in-game assets (including NFTS) for $BLD tokens are final. Marcrypt and its corporate affiliates shall have no obligation to provide you with any credits or refunds related to your purchase of $BLD tokens nor any purchases you make using $BLD tokens on the website/Game. For additional information, see Section X entitled “Refunds.”

  1. In order to access various parts of the Services, including but not limited to initiation of transactions on the Website/Game or through $BLD, you shall need an account with Stripe.
  2. You hereby consent to the terms and conditions of Stripe, available at https://stripe.com/legal/ssa. You further represent and warrant that you are at least of legal age in your respective jurisdiction, you are capable of entering into and performing legally binding contracts under applicable law, and that all information which you provide is accurate, up-to-date, truthful and complete. You are solely responsible for all activities under your Account. We will not be responsible in any way if your password and/or Account are misappropriated or used by a third party. You therefore agree to keep your password secure and keep your account information up to date at all times.

    x.x When you provide payment information to Stripe, you represent to that you are the authorized user of the card, PIN, key or account associated with that payment, and you authorize Stripe to charge your credit card or to process your payment for any $BLD or other fees incurred by you while using the website/Game.

  3. Unless expressly permitted by Stripe and subject to the Terms and any other additional terms as Stripe solely and absolutely determines, you shall not set up multiple accounts. You shall not lend, transfer or sell your account or account information to another party and must not use another user's account without their written permission.
  4. Stripe may occasionally contact you on the email address provided in your registration. You will not be able to opt out from such communications, and you shall take the responsibility to ensure that your email address is up to date. If you missed any communications due to an inaccurate, outdated, or incomplete email address, Stripe or Us will not be liable for any losses or damages caused by you missing the communication.
  5. You acknowledge that when you make a purchase, you shall not to use an invalid or unauthorized payment methods. If your payment method fails, no refunds regarding the same shall be given. You acknowledge this condition in specificity. We reserve the right to disable access to any content, including anything in the Services, including but not limited to the Game, for which we have not received adequate payment. Upon purchase of Services of any amount, we may, without having the obligation to necessarily do so, notify you of receipt of the same.

x.x If your use of the website/Game or your purchase of $BLD or NFTs or any other transaction initiated on or through the website/Game is subject to any type of use or sales tax, then we may also charge you for those taxes, in addition to any other appropriate fees or charges.

x.x As the Account holder, you are responsible for all charges incurred, including applicable taxes, and all orders or purchases made by you or anyone that uses your Account, including your family or friends. If you cancel your Account, we reserve the right to collect fees, surcharges or costs incurred before cancellation.

x.x When you connect your Polygon or other wallet to the website/Game, we will require you to sign a transaction authorizing us to perform the following transactions: Withdrawal of $BLD and NFT assets from Game into blockchain wallet, purchases from the users blockchains wallet.

x.x All in-game items and NFTs available for use in the Game must be purchased using $BLD in your connected wallet.

SECTION X –TRADING OF NFTS WITH OTHER USERS

x.x If you choose to sell any NFTs for in-game items on a third-party platform such as OpenSea, any users who purchase those NFTs will be unable to use the items represented by the NFTs unless and until they create an account on the website/Game.

x.x Please be aware that these Terms do not otherwise govern any transaction that is effectuated on the Polygon, Ethereum or any other blockchain when you buy, sell or offer to buy or sell any NFTs associated with the website/Game, including through any related decentralized technologies, websites, services, tools, applications, smart contracts, wallets, and APIs, which are provided by third party vendors (including but not limited to ConsenSys Software Inc. d/b/a Metamask and Ozone Networks, Inc. d/b/a OpenSea) and governed by and subject to the terms of use provided by those third party vendors, unless such third party terms of use conflict or are inconsistent with these Terms, in which case these Terms shall prevail.

SECTION X – BLOCKCHAIN USAGE

x.x We do not store any passwords or private keys for you. We never have access to your private keys and do not maintain custody of any private keys on your behalf, and therefore, assume no responsibility for the management of the private keys tied to your Polygon, Ethereum or other blockchain network account. You are solely responsible for maintaining the security of your private keys. You must keep your private key access information secure. Failure to do so may result in the complete loss of your digital assets as well as access to the website/Game.

x.x We do not receive or store any of your Polygon, Ethereum or other blockchain network credentials or private keys. We therefore cannot assist you with seed or passphrase retrieval, reset, or recovery. You are solely responsible for remembering the seed and/or passphrase associated with your wallet. If you have not safely stored a backup of your credentials, you accept and acknowledge that any digital assets you have associated with your account will become permanently inaccessible if you do not have your seed or passphrase.

x.x Polygon, Ethereum and other blockchains are operated by decentralized network of independent third parties. We have no control over any blockchain networks and therefore cannot and will not ensure that any transaction details you submit will be confirmed on any blockchain. You acknowledge and agree that the transaction details you submit may not be completed, or may be substantially delayed, by any blockchain networks that you interact with through the website/Game.

x.x Once transaction details have been submitted to the Polygon, Ethereum or other blockchain networks, there is no way to cancel or otherwise modify your transaction details. We have no control over the any other blockchain networks and do not have the ability to facilitate any cancellation or modification requests.

x.x It is your responsibility to determine what, if any, taxes apply to any blockchain transactions for which you have submitted transaction details, and it is your responsibility to report and remit the correct tax to the appropriate tax authority. You agree that we are not responsible for determining whether taxes apply to any blockchain-related transactions made while using the website/Game.

You consent and covenant to the condition that no refunds shall be offered under the scope of the Terms. Once any payment for Services has been made, it shall be believed to be made after the user’s due diligence, eligibility, research, and consent. We make no implied or express representations regarding the proficiency of our Services and deny any expectations that you may have, keeping in view any marketing promotions that we may or may not have created regarding the Services. Further, the disclaimers mentioned in the risk and investment disclosure policy shall be read as part and parcel of this agreement regarding terms and conditions of the Services.

  1. We are not responsible if information made available on this website/Game is not accurate, complete or current. The material on this website/Game is provided for general information only. Any reliance on the material on this website/Game is at your own risk, the specificities of which have been elaborated in the risk and investment disclosure policy.
  2. This website/Game may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this website/Game at any time, but we have no obligation to update any information on our site.
  3. You agree that it is your responsibility to monitor changes to our site.
  1. Occasionally there may be information on our website/Game or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
  2. You must ensure that the details provided by you on registration or at any time are correct and complete. We are not liable under any circumstances for data entered incorrectly by you.
  3. You must inform us immediately of any changes to the information that you provided when registering by updating your contact details.
  4. If you use any copyright material, you must ensure you have the consent of the copyright owner to use such material. If your pictures include children or vulnerable adults, you must ensure you have the appropriate permissions in writing for such material to be used. Your submission of such information constitutes a warranty that you have complied with the provisions of this clause and that we are authorized to post or use such material in a manner we deem fit.
  5. Any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising directly or indirectly from reliance on the information under this section by you or us shall necessarily bind the user from indemnifying us to the extent of any damages, loss or claims or for any other claim related in any way to your use of the Service, including, but not limited to, any errors or omissions in any content, or any loss or damage of any.
  1. The user understands and acknowledges that we have no financial liability whatsoever to any user on account of the use of information provided on the website/Game by the user. Notwithstanding, the aforementioned general provision, the related disclosures regarding risks and investments pertaining to the website/Game are specified under the risk and investment disclosure policy.
  2. You shall use our Services, only for lawful purposes. Your use of the Services and behavior on our platform must comply with applicable local or national laws or regulations of your country. You are solely responsible for the knowledge of and compliance with such laws and regulations that are applicable to you.
  1. We may provide you with access to third-party tools and links over which we neither monitor nor have any control nor input.
  2. You acknowledge and agree that we provide access to such tools and links “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools or links.
  3. Any use by you of optional tools or links offered through the website/Game is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
  4. It is your responsibility to review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

Your submission of personal information through the store is governed by our Privacy Policy.

  1. In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the website/Game or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet; (l) systematically retrieve data or other content from the website/Game to create or compile a collection of your own data; (m) engage in unauthorized framing of or linking to the website/Game; (n) impersonate another user or person or use the user name of another user; (o) harass, annoy, intimidate or threaten any of our employees or agents attempting to contact you.

    x.x You agree that you will not use IP proxying or other methods to disguise the place of your residence, whether to circumvent geographical restrictions on website/Game content, to order or purchase at pricing not applicable to your geography, or for any other purpose. If you do this, we may terminate your access to the website/Game.

  2. We reserve the right to terminate your use of the Service, website/Game or any related website for violating any of the prohibited uses, without any refunds.
  1. We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.
  2. You agree that from time to time we may remove the website/Game for indefinite periods of time or cancel the Service at any time, without notice to you.
  3. You expressly agree that your use of, or inability to use, the website/Game is at your sole risk.
  4. In no case shall we, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, Service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility.
  5. You expressly represent and warrant that the laws with respect to cryptocurrency and its regulation differ within every country and it is your responsibility to be cognizant of the same and comply with them. Further you indemnify us, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, Service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility.

You agree to indemnify, defend and hold harmless us, and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your direct or indirect violation of any law or the rights of a third-party.

All content, materials, NFTs, blockchain data, source code, databases, functionality, software, website designs, audio, video, text, drawings, blue prints, specifications, operating techniques, processes, models, diagrams, data sheets, reports and other information with respect to any of the foregoing matters, photographs and graphics on the website/Game, associated with $BLD and the trademarks, service marks and logos contain therein are owned or controlled by us or licensed to us and our protected by the laws and govern us. This includes any intellectual property right including but not limited to patent, trademark, copyright, trade secret or industrial design rights of any third party. The content and the marks are provided on the website/Game are on an “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Service, no part of the website/Game may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. We may make any number of copies and derivatives, whether in whole or in part of any intellectual property mentioned above. Nothing in this Terms of Service shall disallow us to license or sell off any intellectual property deemed appropriate by us.

We hereby grant, and you accept, a non-exclusive license and right, to use the website/Game for your personal, non-commercial use during the term of this agreement.

We may allow advertisers to display their advertisements and other information in certain areas of the website/Game, such as sidebar advertisements or banner advertisements. If you are an advertiser, you shall take full responsibility for any advertisements you place on the website/Game and any services provided on the website/Game or products sold through those advertisements. Further, as an advertiser, you warrant and represent that you possess all rights and authority to place advertisements on the Site, including, but not limited to, intellectual property rights, publicity rights, and contractual rights. We simply provide the space to place such advertisements, and we have no other relationship with advertisers.

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

We reserve the right to terminate the terms of Service, website/Game at any time by notifying you; if in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service without issuing any refunds.

  1. The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
  2. These Terms of Service and any policies or operating rules posted by us on this website/Game or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
  3. Any ambiguities in the interpretation of these Terms of Service shall not be construed against us.

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of United States of America and jurisdiction of Chicago, Illinois.

Questions about the Terms of Service should be sent to us at info@cosmicassassin.com.