Last Updated On: 11/08/2018
PLEASE READ THESE TERMS AND CONDITIONS (“TERMS”) CAREFULLY. BY VISITING OR USING THIS HEDGIE.IO WEBSITE, OR ANY PART OF IT, YOU AGREE TO THESE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. BY AGREEING TO THESE TERMS, YOU ARE ENTERING INTO A BINDING AGREEMENT WITH HEDGIE, INC. IF YOU DO NOT AGREE TO ANY PART OF THESE TERMS, NAVIGATE AWAY FROM THE HEDGIE.IO WEBSITE. FAILURE TO COMPLY WITH THESE TERMS MAY RESULT IN ACCOUNT CLOSURE OR LEGAL ACTION AGAINST YOU.
1. WHAT IS HEDGIE?
Hedgie is a game being developed on Ethereum blockchain (“Game”) in which a virtual character, cryptocollectible Hedgie (“Hedgie”), goes on journeys and brings back various artifacts that players can collect or exchange for in-game currency.
Hedgie is a limited edition cryptocollectible, each one corresponding with one of the 16,777,216 hex colours. The total number of hex colours in existence sets the limit for total available Hedgies.
Hedgie Inc. (“Us”, “We”, “Our”) enables users to own a Hedgie, which can later be used in the Game. Currently a user can select their favourite colour of their Hedgie via a colour picker tool on hedgie.io website (the “Hedgie Site” or the “Site”) and purchase it.
2. HEDGIE, THE VIRTUAL CHARACTER
A. To use the Hedgie Site, you must first create an account by providing your email and password, and agreeing to these terms. You can then interact with all website functionality with the exception of syncing your purchased Hedgie(s) to Blockchain, or purchasing a Hedgie with ETH crypto currency. In order to purchase a Hedgie with ETH, and/or sync your purchased Hedgie(s) with Ethereum Blockchain, you first must install the Google Chrome web browser. Once you have installed Chrome, you will need to install a browser extension called MetaMask. At that point your site account will be connected with your MetaMask, and will unlock full Blockchain-related features of the website.
B. We neither own nor control MetaMask, Google Chrome or any other third party product, or service that you might access, visit, or use for the purpose of enabling you to use the various features of the Hedgie Site. We will not be liable for the acts or omissions of any such third parties, nor will we be liable for any damage that you may suffer as a result of your transactions or any other interaction with any such third parties.
C. You are responsible for the security of your account and your MetaMask. If you become aware of any unauthorized use of your password or of your account with us, you agree to notify us immediately at email@example.com.
3. Hedgie Reservation
A. Except as otherwise stated, these Terms will govern reservation of your Hedgie character.
B. You may reserve up to four Hedgie characters per one account using your full legal name and identification. You may not use any alternative names, inaccurate or untrue information to reserve additional Hedgie characters.
4. Ownership; Restrictions
A. You acknowledge and agree that we own all legal right, title and interest in and to all elements of the Hedgie Site, and all intellectual property rights therein. The visual interfaces, graphics (including, without limitation, all art and drawings associated with Hedgie), design, systems, methods, information, computer code, software, services, “look and feel”, organization, compilation of the content, code, data, and all other elements of the Hedgie Site.
B. Your use of the Hedgie Site does not grant you ownership, or any other rights with respect to any content, code, data, or other materials that you may access on or through the Hedgie Site. A purchase of a Hedgie only grants you license to play the Game in accordance with these Terms. Hedgie Inc. may revoke the above contemplated license at its sole and absolute discretion. You further agree not to use, change or delete any content the Site or content downloaded from the Site.
C. You may choose to submit comments, bug reports, ideas or other feedback about the Site, including without limitation about how to improve the Hedgie Site (collectively, “Feedback”). By submitting any Feedback, you agree that we are free to use such Feedback at our discretion and without additional compensation to you, and to disclose such Feedback to third parties (whether on a non-confidential basis, or otherwise). You hereby grant us a perpetual, irrevocable, nonexclusive, worldwide license under all rights necessary for us to incorporate and use your Feedback for any purpose.
D. You agree that you are responsible for your own conduct while accessing or using the Hedgie Site, and for any consequences thereof. You agree to use the Hedgie Site only for purposes that are legal, proper and in accordance with these Terms and laws regulations. By way of example, and not as a limitation, you may not, and may not allow any third party to:
(i) send, upload, distribute or disseminate any unlawful, defamatory, harassing, abusive, fraudulent, obscene, or otherwise objectionable content;
(ii) distribute viruses, worms, defects, trojan horses, corrupted files, hoaxes, or any other items of a destructive or deceptive nature;
(iii) impersonate another person (via the use of an email address or otherwise);
(iv) upload, post, transmit or otherwise make available through the Site any content that infringes the intellectual proprietary rights of any party;
(v) use the Hedgie Site to violate the legal rights (such as rights of privacy and publicity) of others;
(vi) engage in, promote, or encourage illegal activity (including, without limitation, money laundering);
(vii) interfere with other users’ enjoyment of the Hedgie Site;
(viii) exploit the Hedgie Site for any unauthorized commercial purpose;
(ix) modify, adapt, translate, or reverse engineer any portion of the Hedgie Site or any content downloaded from the Hedgie Site;
(x) remove any copyright, trademark or other proprietary rights notices contained in or on the Hedgie Site or any part of it;
(xi) reformat or frame any portion of the Hedgie Site;
(xii) display any content on the Hedgie Site that contains any hate-related or violent content or contains any other material, products or services that violate or encourage conduct that would violate any criminal laws, any other applicable laws, or any third party rights;
(xiii) use any robot, spider, search/retrieval site, or other device to retrieve or index any portion of the Hedgie Site or the content posted on the Hedgie Site, or to collect information about its users for any unauthorized purpose;
(xiv) create user accounts by automated means or under false or fraudulent pretenses; or
(xv) access or use the Hedgie Site for the purpose of creating a product or service that is competitive with any of our products or services.
You may terminate these Terms at any time by canceling your account on the Hedgie Site and discontinuing your access to and use of the Hedgie Site. You will not receive any refunds if you cancel your account, or otherwise terminate these Terms. You agree that we, in our sole discretion and for any or no reason, may terminate these Terms and suspend and/or terminate your account(s) for the Hedgie Site. You agree that any suspension or termination of your access to the Hedgie Site may be without prior notice, and that we will not be liable to you or to any third party for any such suspension or termination. If we terminate these Terms or suspend or terminate your access to or use of the Hedgie Site due to your breach of these Terms or any suspected fraudulent, abusive, or illegal activity, then termination of these Terms will be in addition to any other remedies we may have at law or in equity. Upon any termination or expiration of these Terms, whether by you or us, you may no longer have access to information that you have posted on the Hedgie Site or that is related to your account, and you acknowledge that we will have no obligation to maintain any such information in our databases or to forward any such information to you or to any third party. Sections 2.C and 4 through 17 will survive the termination or expiration of these Terms for any reason.
A. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR ACCESS TO AND USE OFTHE SITE IS AT YOUR SOLE RISK, AND THAT THE SITE IS PROVIDED "ASIS"AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE, OUR SUBSIDIARIES, AFFILIATES, AND LICENSORS MAKE NO EXPRESS WARRANTIES AND HEREBY DISCLAIM ALL IMPLIED WARRANTIES REGARDING THE SITE AND ANY PART OF IT, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, CORRECTNESS, ACCURACY, OR RELIABILITY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE, OUR SUBSIDIARIES, AFFILIATES, AND LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (I) YOUR ACCESS TO OR USE OF THE SITE WILL MEET YOUR REQUIREMENTS, (II) YOUR ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (III) USAGE DATA PROVIDED THROUGH THE SITE WILL BE ACCURATE, (III) THE SITE OR ANY CONTENT, SERVICES, OR FEATURES MADE AVAILABLE ON OR THROUGH THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (IV) THAT ANY DATA THAT YOU DISCLOSE WHEN YOU USE THE SITE WILL BE SECURE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
B. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET, AND AGREE THAT WE HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY BREACH OF SECURITY UNLESS IT IS DUE TO OUR GROSS NEGLIGENCE.
C. WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSSES YOU INCUR AS THE RESULT OF YOUR USE OF THE METAMASK ELECTRONIC WALLET, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (A) USER ERROR, SUCH AS FORGOTTEN PASSWORDS OR OTHER TRANSACTIONS; (B) SERVER FAILURE OR DATA LOSS; (C) CORRUPTED WALLET FILES; (D) UNAUTHORIZED ACCESS OR ACTIVITIES BY THIRD PARTIES, INCLUDING BUT NOT LIMITED TO THE USE OF VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK AGAINST THE SITE, OR THE METAMASK ELECTRONIC WALLET.
7. Limitation of Liability
A. YOU UNDERSTAND AND AGREE THAT WE, OUR SUBSIDIARIES, AFFILIATES, AND LICENSORS WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES WHICH YOU MAY INCUR, HOWSOEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF PROFITS (WHETHER INCURRED DIRECTLY OR INDIRECTLY), LOSS OF GOODWILL OR BUSINESS REPUTATION, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR ANY OTHER INTANGIBLE LOSS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
B. YOU AGREE THAT OUR TOTAL, AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR ACCESS TO OR USE OF (OR YOUR INABILITY TO ACCESS OR USE) ANY PORTION OF THE SITE, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, IS LIMITED TO THE LESSER OF (A) THE AMOUNTS YOU ACTUALLY PAID US UNDER THESE TERMS IN THE 12 MONTH PERIOD PRECEDING THE DATE THE CLAIM AROSE, OR (B) CAD $10,000.
C. YOU ACKNOWLEDGE AND AGREE THAT WE HAVE MADE THE SITE AVAILABLE TO YOU AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN, WHICH REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN THE PARTIES AND FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN US. WE WOULD NOT BE ABLE TO PROVIDE THE SITE TO YOU WITHOUT THESE LIMITATIONS.
D. YOU AGREE THAT THE FOLLOWING LIMITATION OF LIABILITY WILL BE APPLIED TO THE FULLEST EXTENT OF THE LAW OF YOUR JURISDICTION. YOU FURTHER ACKNOWLEDGE THAT TO THE EXTENT ANY OF THE ABOVE IS NOT APPLICABLE OR OTHERWISE NOT PERMISSABLE IN YOUR JURISDICTION, ONLY SUCH LANGUAGE THAT IS DIRECTLY NON APPLICABLE OR OTHERWISE NOT PERMISSABLE WILL BE WAIVED AND ALL OTHER LANGUAGE WILL CONTINUE TO APPLY.
You agree to hold harmless and indemnify Hedgie Inc. and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners from and against any claim, liability, loss, damage (actual and consequential) of any kind or nature, suit, judgment, litigation cost, and attorneys’ fees arising out of or in any way related to (i) your breach of these Terms, (ii) your use of the Hedgie Site, or (iii) your violation of applicable laws, rules or regulations in connection with your access to or use of the Hedgie Site. You agree that Hedgie Inc. will have control of the defense or settlement of any such claims and will notify Hedgie Inc. within 5 business days of receiving a claim described above.
9. Assumption of Risk
You accept and acknowledge each of the following:
A. We cannot guarantee nor is Hedgie Inc. responsible for any records, information or purchases of Hedgie or Game information that may become unavailable or otherwise lost.
B. For absolute clarity, any Hedgie information, purchase information or Game information is not the property of any individual or entity other than Hedgie Inc. If any of the above becomes lost or destroyed, no third party should have any expectation of monetary reimbursement or retrieval of information. Specifically, your purchased Hedgie or Game progress may be lost or destroyed and a user should have no specific expectation of reimbursement.
The Site may contain links to third-party web sites or services that are not owned or controlled by us.
We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
11. Changes to the Site
We may make changes to the Terms from time to time. When we make changes, we will make the updated Terms available on the Site and update the “Last Updated” date at the beginning of these Terms accordingly. Please check these Terms periodically for changes. Any changes to the Terms will become effective on the date that they are made, and your continued access to or use of the Site after the Terms have been updated will constitute your binding acceptance of the updates. If you do not agree to any revised Terms, you may not access or use the Site.
12. Copyright Policy"
We respect the intellectual property rights of others. It is our policy to respond to any claim that content or user content posted on the Site infringes the copyright or other intellectual property infringement of any person.
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Site, you must submit your notice (and include in your notice a detailed description of the alleged infringement) in writing to the attention of: firstname.lastname@example.org.
You may be held accountable for damages (including costs andattorneys' fees) for misrepresenting that any content or user Content is infringing your copyright.
13. Governing Law
These Terms shall be governed by, and interpreted and enforced in accordance with, the laws in the Province of Ontario and the laws of Canada, as applicable.
If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, then any remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between you and us regarding the use of our Site, and supersede and replace any prior agreements, oral or otherwise, regarding the Site.
You affirm that you are over the age of 13, as the Site is not intended for children under 13. IF YOU ARE 13 OR OLDER BUT UNDER THE AGE OF 18, OR THE LEGAL AGE OF MAJORITY WHERE YOU RESIDE IF THAT JURISDICTION HAS AN OLDER AGE OF MAJORITY, THEN YOU AGREE TO REVIEW THESE TERMS WITH YOUR PARENT OR GUARDIAN TO MAKE SURE THAT BOTH YOU AND YOUR PARENT OR GUARDIAN UNDERSTAND AND AGREE TO THESE TERMS. YOU AGREE TO HAVE YOUR PARENT OR GUARDIAN REVIEW AND ACCEPT THESE TERMS ON YOUR BEHALF. IF YOU ARE A PARENT OR GUARDIAN AGREEING TO THE TERMS FOR THE BENEFIT OF A CHILD OVER 13, THEN YOU AGREE TO AND ACCEPT FULL RESPONSIBILITY FOR THAT CHILD’S USE OF THE SITE, INCLUDING ALL FINANCIAL CHARGES AND LEGAL LIABILITY THAT HE OR SHE MAY INCUR.
16. Dispute Resolution; Arbitration
All disputes arising out of or in connection with these Terms, including without limitation your access or use of the Site or to any products sold or distributed through the Site or derived from these Terms, will be finally resolved by arbitration under the Simplified Arbitration Rules of the ADR Institute of Canada, Inc. The place of arbitration will be Toronto. The language of the arbitration will be English. The award of the arbitrator will be final and binding, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing, Hedgie Inc. may seek and obtain injunctive relief in any jurisdiction in any court of competent jurisdiction, and you agree that these Terms are specifically enforceable by Hedgie Inc. through injunctive relief and other equitable remedies without proof of monetary damages.
WITH RESPECT TO ANY DISPUTE ARISING OUT OF OR RELATED TO THESE TERMS, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THE SITE, OR ANY PRODUCTS SOLD OR DISTRIBUTED THROUGH THE SITE: (I) YOU HEREBY EXPRESSLY GIVE UP YOUR RIGHT TO HAVE A TRIAL BY JURY; AND (II) YOU HEREBY EXPRESSLY GIVE UP YOUR RIGHT TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS IN ANY LAWSUIT, INCLUDING BUT NOT LIMITED TO CLASS ACTION LAWSUITS INVOLVING ANY SUCH DISPUTE.
These Terms constitute the entire legal agreement between you and Hedgie Inc., govern your access to and use of the Site, and completely replace any prior or contemporaneous agreements between the parties related to your access to or use of the Site, whether oral or written. There are no third party beneficiaries to these Terms. The parties are independent contractors, and nothing in these Terms create any agency, partnership, or joint venture. The language in these Terms will be interpreted as to its fair meaning, and not strictly for or against any party. You may not assign any or your rights or obligations under these Terms, whether by operation of law or otherwise, without our prior written consent. We may assign our rights and obligations under these Terms in our sole discretion to an affiliate, or in connection with an acquisition, sale or merger. Should any part of these Terms be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions will remain in full force and effect. Our failure to enforce any provision of these Terms will not be deemed a waiver of such provision, nor of the right to enforce such provision. These Terms will be governed by and construed in accordance with the laws of the province of Ontario, Canada and the federal laws of Canada applicable therein, excluding its conflicts of law rules and principles. We will not be liable for any failure or delayed performance of our obligations that result from any condition beyond our reasonable control, including, but not limited to, governmental action, acts of terrorism, earthquake, fire, flood, acts of God, labor conditions, power failures, Internet disturbances, or acts or omissions of third parties. You agree that we may provide you with notices (including, without limitation those regarding changes to these Terms) by email, regular mail, or postings on the Site. By providing us with your email address, you consent to our using the email address to send you any notices required by law in lieu of communication by postal mail.