CyberKongz Play & Kollect

Terms of Service

Play & Kollect (“P&K”) is a distributed application comprising a set of specially-developed smart contracts (each, a "Smart Contract") deployed on the Ethereum network or the Polygon network, as the case may be (each, the "relevant Blockchain Network") which allows any user to manage and control unique non-fungible collectible tokens developed on the ERC-721 standard (“CyberKongz VX"). Users may use their own CyberKongz VX to participate in mini-games within the CyberKongz ecosystem, interact with other CyberKongz VX avatars, and manage secondary child tokens based on the ERC-1155 standard (wearables). P&K and the CyberKongz ecosystem will be visualized on a website that the user can interact with (the "Site"). The Smart Contracts and the Site are collectively referred to in these Terms as (the "Dapp"). Using the Dapp, users can view their CyberKongz VX, any tokens held, and use the Smart Contracts to participate in mini-games, and interact with other users in the CyberKongz ecosystem.
CyberKongz (“Cyberkongz LLC", "we", or "us") is making the P&K Dapp available to you. Before you use the Dapp, the Smart Contracts, or the Site, however, you will need to agree to these Terms and Conditions of Use and any terms and conditions incorporated herein by reference (collectively, these “Terms”). These Terms constitute an Agreement ("Agreement") explains the terms and conditions by which you agree to by accessing and using the Dapp. You must read this Agreement carefully. By accessing or using the Dapp, you signify that you have read, understand, and agree to be bound by this Agreement in its entirety. If you do not agree, you are not authorized to access or use the Dapp and should not use the Dapp.
NOTICE: Please read this Agreement carefully as it governs your use of the Dapp. The Dapp is only available to you — and you should only access the Dapp — if you agree completely with these Terms.
Supplemental terms and conditions or documents that may be posted on the Site, the Dapp, and the Smart Contracts from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes to the Terms from time to time. We will alert you of any changes by updating the “Last Updated" date of these Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms to stay informed of any and all updates. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms by your continued use of the Site, the Dapp, and the Smart Contracts after the date such revised Terms are posted.

Definitions

“Banana token” (otherwise known as $BANANA) is strictly a utility token to be used within the Cyberkongz ecosystem. Banana token is not a financial instrument or form of income, active or passive, as it holds no intrinsic value. YOUR BANANA TOKEN IS NON-REFUNDABLE AND WILL NOT, UNDER ANY CIRCUMSTANCES, BE REDEEMED FOR CASH. Your banana tokens are able to be utilized throughout the CyberKongz ecosystem for various use cases that can be seen at www.cyberkongz.com.
"CyberKongz" refers to both the original collection of 5,000 randomly generated 2D avatars as well as "CyberKongz VX," a collection of 15,000 randomly generated 3D avatars.
"CyberKongz ecosystem" refers to any part of "Cyberkongz", including "Play & Kollect" as well as "Banana Token", it may also refer to(including but not limited to) official partnerships.
“CyberKongz NFT” is defined as any individual art, design, 2D drawings or 3D models that may be associated with a CyberKongzNFT that you Own.
"CyberKongz VX" when specifically mentioned, refers only to the collection of 15,000 3D avatars built for the metaverse and beyond.
“Own” is defined as possession of a CyberKongz NFT in your Ethereum wallet, where proof of such possession is recorded on the blockchain.
"Rig/Image/Model" are defined as individual VXR/VXA/VXM/VOX/GLTF/GLB/OBJ Models, PNG/GIF/JPEG and all underlying files containing all proprietary CyberKongz traits.
"Traits" are defined as the distinguishing characteristics and proprietary, individually layered art files associated with each CyberKongz NFT. These traits include but are not limited to Eyes, Eyewear, Mouths, Headwear, Body, Clothing, Background and Accessories as well as Wearables and Equipment for CyberKongz VX.

Play & Kollect

Play & Kollect is an addition to the CyberKongz ecosystem. Play & Kollect is not a financial instrument or form of income and by using P&K you agree that it is not a financial instrument nor form of income. You agree to be legally bound by these Terms, and your use shall be subject to these Terms, as described previously.

Risk of Smart Contracts, Dapp or the Site

You accept and acknowledge each of the following:
A. The prices and value of blockchain assets are extremely volatile. Fluctuations in the price or value of other digital assets could materially and adversely affect the value of your CyberKongz assets, which may also be subject to significant price volatility. We cannot guarantee that any purchasers of CyberKongz will not lose money.
B. You are solely responsible for determining what, if any, taxes apply to your P&K related transactions. CyberKongz LLC is not responsible for determining the taxes that apply to your transactions on the Dapp, the Site, or the Smart Contracts.
C. The Dapp does not store, send, or receive CyberKongz. This is because CyberKongz exist only by virtue of the ownership record maintained on the Dapp’s supporting blockchain in the relevant Blockchain Network. Any transfer of CyberKongz VX occurs within the supporting blockchain in the relevant Blockchain Network, and not on the Dapp.
D. The publicly deployed Smart Contracts you interact with may contain security vulnerabilities, errors, failures, bugs or economic loopholes which may be exploited by third parties. Interaction with these Smart Contracts are entirely your own responsibility and liability, and CyberKongz LLC is not a party to the Smart Contracts.
E. In order to play P&K, users need to lock their CyberKongz VX. The Polygon protocol and the development team for the Polygon protocol is independent from CyberKongz, so CyberKongz LLC has no control over the Polygon protocol or the smart contracts underlying the Polygon protocol. These smart contracts may contain security vulnerabilities, errors, failures, bugs or economic loopholes which may be exploited by third parties, causing you to suffer losses in connection with any CyberKongz locked. CyberKongz LLC cannot be responsible for any security vulnerabilities, errors, failures, bugs or economic loopholes in respect of the Polygon protocol or the underlying smart contracts.
F. There are risks associated with using an Internet-based currency, including, but not limited to, the risk of 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 CyberKongz LLC will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the relevant Blockchain Network, however these issues are caused.
G. Because P&K is based on blockchain technology, any malfunction, breakdown or abandonment of the relevant Blockchain Network may have a material adverse effect on the CyberKongz VX you own. Moreover, advances in cryptography, or technical advances such as the development of quantum computing, could present risks to P&K, the underlying staked tokens, or the relevant Blockchain Network by rendering ineffective the cryptographic consensus mechanism that underpins the relevant Blockchain Network. The future of cryptography and security innovations are highly unpredictable.
H. A private key, or a combination of private keys, is necessary to control and dispose of CyberKongz VX stored in your digital wallet, vault or other storage mechanism. Accordingly, loss of requisite private key(s) associated with such digital wallet, vault or other storage mechanism storing CyberKongz VX may result in loss of such CyberKongz VX. Moreover, any third party that gains access to such private key(s), including by gaining access to login credentials of a hosted wallet service which you use, may be able to misappropriate any CyberKongz VX held by you. CyberKongz LLC cannot be responsible for any such losses.
J. A lack of use or public interest in the creation and development of distributed ecosystems could negatively impact the development of the P&K ecosystem, and therefore the potential utility or value of CyberKongz VX in regards to the P&K ecosystem.
K. The regulatory regime governing blockchain technologies, cryptocurrencies, and tokens is uncertain, and new regulations or policies may materially adversely affect the development of the P&K ecosystem, and therefore the potential utility or value of P&K ecosystem.
L. Upgrades by Ethereum to the Ethereum Network or upgrades by Polygon to the Polygon Network, a hard fork in the Ethereum Network or the Polygon Network, or a change in how transactions are confirmed on the Ethereum Network or the Polygon Network may have unintended, adverse effects on all blockchains using the ERC-20, ERC-721, ERC-1155 or ERC-998 standard, including the P&K ecosystem.
M. The P&K ecosystem utilizes some new and untested technology. In addition to the aforementioned risks, there may be other risks associated with your locking of CyberKongz VX and use of P&K, including those that CyberKongz LLC cannot anticipate. Such risks may further materialize as unanticipated variations or combinations of the risks discussed herein.

Disclaimers

You agree that you are responsible for your own conduct while accessing or using the Dapp, and for any consequences thereof. You agree to use the Dapp only for purposes that are legal, proper and in accordance with these Terms and any applicable laws or regulations.
By way of example, and not as 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 Dapp any content that infringes the intellectual proprietary rights of any party; (v) use the Dapp 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 Dapp; (viii) exploit the Dapp for any unauthorized commercial purpose; (ix) modify, adapt, translate, or reverse engineer any portion of the Dapp; (x) remove any copyright, trademark or other proprietary rights notices contained in or on the Dapp or any part of it; (xi) reformat or frame any portion of the Dapp; (xii) display any content on the Dapp that contains any hate-related or violent content or contains any other material, products or services that violate or encourage conduct that would violate any criminal laws, any other applicable laws, or any third party rights; (xiii) use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Dapp or the content posted on the Dapp, 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 Dapp for the purpose of creating a product or service that is competitive with any of our products or services.

Indemnification

You agree to hold harmless and indemnify CyberKongz LLC and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners from and against any claim, liability, loss, damage (actual and consequential) of any kind or nature, suit, judgment, litigation cost, and attorneys' fees arising out of or in any way related to (i) your breach of these Terms, (ii) your misuse of the Dapp, or (iii) your violation of applicable laws, rules or regulations in connection with your access to or use of the Dapp. You agree that you will be responsible the legal fees of CyberKongz LLC in the defense or settlement of any such claims should they so arise.

Changes to the Dapp

We are constantly innovating the Dapp to help provide the best possible experience. You acknowledge and agree that the form and nature of the Dapp, and any part of it, may change from time to time without prior notice to you, and that we may add new features and change any part of the Dapp at any time without notice.

Intended Audience

The Site is intended for users who are at least 18 years old. People under the age of 18 are not permitted to use or register for the Site, the Dapp, and the Smart Contracts without a parent or legal guardian. By engaging with the Site, the Dapp, and the Smart Contracts, you affirm that you are over the age of Majority in your Jurisdiction, as the Dapp is not intended for children.
IF YOU ARE UNDER THE AGE OF 18 OR THE LEGAL AGE OF MAJORITY IN THE JURISDICTION WHERE YOU RESIDE, THEN YOU AGREE TO REVIEW THESE TERMS WITH A PARENT OR GUARDIAN TO ENSURE THAT BOTH YOU AND YOUR PARENT OR GUARDIAN UNDERSTAND AND AGREE TO THESE TERMS. IF YOU ARE A PARENT OR GUARDIAN AGREEING TO THE TERMS FOR THE BENEFIT OF A CHILD, THEN YOU AGREE TO AND ACCEPT FULL RESPONSIBILITY FOR THAT CHILD’S USE OF THE DAPP, INCLUDING ALL FINANCIAL CHARGES AND LEGAL LIABILITY THAT THEY MAY INCUR.

Refunds

Due to the irrevocable nature of the Blockchains and our lack of control over user assets, we are unable to offer refunds on any purchases or funds sent to incorrect addresses.

Waiver and Severability

No waiver by the CyberKongz LLC of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of CyberKongz LLC to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.

General

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 State of Delaware. 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 postings on the Dapp.

Entire Agreement

These terms constitute the entire agreement between you and us with respect to the subject matter hereof. This Agreement supersedes any and all prior or contemporaneous written and oral agreements, communications and other understandings (if any) relating to the subject matter of the Terms.