General Terms and Conditions
General Terms and Conditions
CyberKongz Definitional Summary
What We Own
General Ownership and Usage Rights
Commercial and Derivative Rights
Adjusting or Delisting CyberKongz Assets
Play & Kollect
Changes to the Dapp
Disclaimer and Indemnification
Disclaimer of Liability for Third-Party Links
No Investment Advice
Disclaimer of Value
Changes to These Terms
Risk of Smart Contracts, Dapp or the Site/ Platform
Governing Law & Dispute Resolution
Waiver and Severability
Terms and Conditions of Service for CyberKongz Website and Play & Kollect Dapp
Effective Date: March 13, 2023
Welcome to CyberKongz, owned and operated by CyberKongz LLC, a Saint Kitts and Nevis Limited Liability Corporation, the ultimate destination for fans of digital art, entertainment, gaming and global sustainability on blockchain.
Our Universe offers an exciting collection of organically-introduced digital artworks featuring lovable gorillas with distinct personalities and features. CyberKongz is more than just a collection of NFTs. It's a vibrant community of people who share a passion for the Kongz universe. Our platform features proprietary governance and tokenomics architecture that provides our users a direct say in the future of the CyberKongz project.
By joining our Family, you're joining an exciting journey and becoming a part of the CyberKongz Community.
Come explore the Universe with us and see what the future holds!
General Terms and Conditions.
Welcome to our new website!
Our frequently updated terms and conditions govern your use of our platform, which includes our website and related services, features, products, and/or content.
We strive to continuously improve our platform, to provide a better, more informed experience for our users and our community, and to exceed all expectations in serving the greater world around us.
With all these goals at heart, we have exciting plans for the future, including ongoing events and education to keep our users and community entertained and up-to-date with the latest developments.
If you have any questions or concerns, please don't hesitate to contact us through our Discord, our Twitter, or at the email addresses provided below, including [email protected].
For additional inquiries, notices and/or legal or process-related communications, please use the following email address [email protected]. Physical main may be directed to:
Hunkins Waterfront Plaza
Main Street, Suite 556
Saint Kitts and Nevis
CyberKongz is owned by our team, which includes the "CyberKongz" and "CyberKongz VX" names, logos, trademarks, and the website's look and feel. We grant users and owners of CyberKongz a non-exclusive, revocable, non-transferable license to use the website and associated intellectual property for personal, non-commercial purposes. This license does not include the right to reproduce, distribute, modify, or create derivative works of the website or its contents.
Users and owners of CyberKongz retain ownership of any content they create or upload to the website. However, the team reserves the right to remove any content that violates, or may violate, these terms and conditions and/or applicable laws and/or regulations.
“Blockchain”: A blockchain is a decentralized digital ledger that records transactions in a secure and transparent manner. It uses cryptography to ensure that records cannot be altered or deleted once they have been added to the ledger. Consensus mechanisms, such as proof-of-work or proof-of-stake, are used to ensure that all participants in the network agree on the same version of the ledger that a blockchain entails.
"Blockchain Consensus Mechanisms": Consensus mechanisms are the processes by which a distributed network of nodes or participants come to an agreement on the state of the network and the transactions that have occurred within it. In a blockchain network, a consensus mechanism is used to validate transactions and add new blocks to the blockchain. Consensus mechanisms also ensure that all participants in the network agree on the same version of the truth, and prevent double-spending, fraud, and other attacks on the network. The choice of consensus mechanism can have a significant impact on the security, scalability, and decentralization of the network. There are several different types of consensus mechanisms, including:
Proof of Work (PoW): This mechanism requires participants, known as miners, to solve complex mathematical puzzles to validate transactions and add new blocks to the blockchain. The first miner to solve the puzzle receives a reward in the form of newly minted cryptocurrency;
Proof of Stake (PoS): In this mechanism, validators are selected to validate transactions and add new blocks to the blockchain based on the amount of cryptocurrency they hold and are willing to "stake" or lock up as collateral. Validators are incentivized to act honestly as they risk losing their stake if they validate fraudulent transactions.
Additional Mechanisms include Delegated Proof of Stake (DPoS), Byzantine Fault Tolerance (BFT), Practical Byzantine Fault Tolerance (PBFT), and others.
Each consensus mechanism has its strengths and weaknesses, and the choice of which a platform or protocol may use depends on the specific needs and goals of the specific network.
Layer-1 (“L1”) and Layer-2 (“L2”) blockchain technology. In the context of blockchains, Layer-1 and Layer-2 refer to different levels of blockchain technology that work together to enable various functionalities and applications. Further:
- Layer-1 refers to the base layer or the underlying protocol of a blockchain. This layer contains the core features and functionalities of the blockchain, such as consensus mechanisms, block creation, transaction validation, and network security. Bitcoin and Ethereum are examples of Layer-1 blockchains; and
- Layer-2, on the other hand, refers to additional layers built on top of the Layer-1 blockchain to provide additional functionalities and scalability. These layers use the underlying Layer-1 blockchain for security and decentralization but enable additional features such as off-chain transactions, smart contracts, and more. Layer-2 solutions include Lightning Network for Bitcoin and various scaling solutions for Ethereum, such as state channels and Plasma.
Overall, Layer-1 provides the base level of functionality and security for a blockchain, while Layer-2 adds additional features and scalability to enable a wider range of use cases and applications.Blockchains employed by the CyberKongz Ecosystem
“Ethereum” (or “ETH”): Ethereum is a decentralized blockchain network that enables the creation and execution of programmable “smart contracts” and decentralized applications. Ethereum originally operated on a proof-of-work consensus mechanism but has transitioned to a proof-of-stake consensus mechanism. Ethereum allows for the creation of dApps that can operate without the need for intermediaries, providing greater efficiency, security, and transparency.
“Polygon” (or “Matic”): Polygon is a blockchain network that enables developers to create decentralized applications or “dApps” generally characterized by high-speed transactions and lower costs (as compared to Ethereum mainnet). Polygon is considered a Layer-2 scaling solution for Ethereum; It achieves this by using sidechains, which are separate blockchains that can communicate with the Ethereum mainnet. Users of Polygon may need to interact with the network and/or its token, MATIC, to use certain features or services on the website.
Important Note: Blockchains such as Ethereum and Polygon are public, open, transparent, and searchable blockchains. And:
By using CyberKongz you acknowledge that your NFTs and related addresses will be stored on publicly searchable blockchains. CyberKongz and third parties have no power to delete this data. You release and indemnify CyberKongz LLC from any liability associated with data that you publish to public blockchains by using our platform. If you conduct any transaction on our platform involving public blockchains, you are effectively publishing that information and assume full responsibility for doing so.
Ethereum “ERC” Token Standards.
“ERC”: ERC stands for “Ethereum Request for Comments”, and is a set of technical standards used for creating tokens on the Ethereum blockchain. These standards define the rules and functions that must be implemented by smart contracts to enable the creation, transfer, and management of tokens on the Ethereum network. ERC token standards also provide a common framework for developers to create and interact with tokens on the Ethereum blockchain, ensuring interoperability and compatibility between different tokens and applications.
The most well-known ERC standards are ERC-20, ERC-721, ERC-1155, and ERC-998, which have been widely adopted by the Ethereum community for creating fungible, non-fungible, semi-fungible, and composable tokens.
CyberKongz ecosystem may involve various ERC token standards, including:
- ERC-20: A technical specification for fungible tokens on the Ethereum blockchain. It defines the functions and events that smart contracts must implement to enable token transfers and management.
- ERC-721: A technical specification for non-fungible tokens (NFTs) on the Ethereum blockchain. It enables unique digital assets, such as collectibles, to be tokenized and traded on the blockchain.
- ERC-1155: A technical specification for semi-fungible tokens on the Ethereum blockchain. It enables multiple instances of a token to be created with varying attributes or values, allowing for greater flexibility in token creation.
- ERC-998: A technical specification for composable tokens on the Ethereum blockchain. It enables tokens to be combined and split apart, creating new tokens with unique properties and capabilities.Proof of Work (PoW) and Proof of Stake (PoS) are two consensus mechanisms used by blockchain networks to validate transactions and secure the network.
“CyberKongz Ecosystem”: The CyberKongz Ecosystem is a collection of 5,000 randomly generated 2D avatars and 15,000 randomly generated 3D avatars or NFTs, collectively referred to as CyberKongz. The CyberKongz project refers to the collection of digital artworks featuring gorillas with distinct personalities and features, as well as the associated platform, services, and intellectual property owned by the CyberKongz team. CyberKongz NFT refers to any individual art, design, 2D drawing, or 3D model associated with a CyberKongz NFT that you own in your Ethereum wallet, with proof of ownership recorded on the blockchain. These NFTs have unique, individually layered art files and traits that contribute to their overall value. To own a CyberKongz NFT means to possess it in your Ethereum wallet, with proof of ownership recorded on the blockchain.
“NFT”: The acronym NFT refers to non-fungible tokens, which are unique digital assets created and stored on a blockchain network. It cannot be exchanged for an equal asset and has specific rights for its holder to use and transfer the digital data associated with it, subject to any intellectual property rights that may attach to the data via the platform or smart contracts used to create and govern the NFT. NFTs are often used with other technologies that affect their use and the rights attached to them. Smart Contracts refers to self-executing contracts with the terms of the agreement between buyer and seller being directly written into lines of code that execute on the blockchain. The ERC-721 standard and ERC-1155 standard refer to the technical standards used for non-fungible tokens and fungible and non-fungible tokens on the Ethereum blockchain, respectively.
“CyberKongz VX”: CyberKongz VX refers specifically to the collection of 15,000 3D avatars designed for use in the metaverse and beyond, with traits unique to each NFT that contribute to their overall value. Traits refer to the distinguishing characteristics of CyberKongz NFTs, including but not limited to eyes, eyewear, mouths, headwear, body, clothing, background, accessories, wearables, and equipment for CyberKongz VX. These traits are unique to each CyberKongz NFT and contribute to their overall value.
“Play & Kollect (P&K)”: Play & Kollect (or “P&K”) refers to the distributed application developed on the Ethereum and/or Polygon networks that allows users to manage and control unique non-fungible collectible tokens developed on the ERC-721 standard ("CyberKongz VX"), as well as interact with other users in the CyberKongz ecosystem and manage secondary child tokens based on the ERC-1155 standard (wearables). P&K Dapp refers to the Play & Kollect distributed application, which is visualized on a website that users can interact with.
“Adventure Run”: Built as part of the Play & Kollect ecosystem, Adventure Run is a fully on-chain game with levels, experience, NFT’s as prizes and events which can be triggered by specific conditions and verified via Chainlink VRF.
“Chainlink VRF” (“CVRF”): CVRF is a decentralized and verifiable random number generation system designed to provide secure and unbiased randomness for use in various applications, such as online gaming and other cryptographic systems. It works by leveraging a network of independent nodes that collectively generate and verify random numbers, making it virtually impossible for any single node to manipulate the outcome. Based on advanced cryptographic techniques, CVRF is widely considered to be a reliable and tamper-proof solution.
“Banana Token”: The Banana Token (or “$BANANA”) is a utility token used within the CyberKongz ecosystem,which has no monetary value within the CyberKongz ecosystem and which cannot be redeemed for cash. It may be used, however, for various utility-related purposes within the ecosystem, such as participating in events and accessing exclusive content.
“Commercial use”: Commercial use refers to any use of CyberKongz NFTs or intellectual property for the purpose of making a profit or generating revenue. Derivative use refers to any use of CyberKongz NFTs or intellectual property to create new works or products that are based on or inspired by the original CyberKongz artwork. Ownership refers to the legal rights that arise from possessing an NFT, including the right to use, display, and sell the NFT for personal and non-commercial purposes.
“Intellectual Property”: Intellectual Property (of “IP”) refers to the legal rights that arise from intellectual creativity in the industrial, scientific, literary and artistic fields. Users, recipients, and potential buyers of NFTs should exercise caution and conduct thorough due diligence to ensure that the NFTs and the platforms, protocols, laws, regulations, jurisdictions, restrictions, intellectual property, usage and transfer limitations, associated fees, and other legal, regulatory, and financial aspects of NFTs are genuine and compliant with their expectations and requirements. Professional legal guidance may be advised for individuals engaging with NFTs and other digital assets.
"CyberKongz": The term "CyberKongz" also includes CyberKongz games like "Play & Kollect," CyberKongz utility tokens like the "Banana" token, CyberKongz products, merch, and official partnerships, inter alia. The community refers to the group of individuals who share a passion for the CyberKongz universe and participate in the platform and associated activities.
“Rig/Image/Model”: Rig/Image/Model refers to individual FBX, VXR, VXA, VXM, VOX, GLTF, GLB, OBJ models, PNG, GIF, and JPEG files, as well as all underlying files containing proprietary CyberKongz traits. These files are used to create and customize CyberKongz NFTs, and are subject to intellectual property rights and ownership.
“Bridging” between blockchains: “Bridging” between blockchains refers to the process of establishing a connection between two separate blockchains to enable the transfer of assets or data from one blockchain to another. This can be done through the use of specialized software protocols or intermediary networks that facilitate the exchange.Potential risks involved in using a blockchain bridge depend on the specific implementation and design of the bridge, and may include:
- Security Risks: If the bridge protocol is not well-designed or implemented, it may be vulnerable to attacks, such as hacking or theft of assets or funds, and weakness in the security of the bridge may be exploited by bots and/or hackers;
- Liquidity Risks: In some cases, there may be low liquidity on one or both sides of the bridge, which can lead to difficulties in exchanging assets. In the context of swap or exchange, this results in price fluctuations and may make it difficult for users to execute transactions;
- Counterparty Risks: If the bridge involves a centralized exchange or intermediary, users may be exposed to counterparty risks. This means that if the platform, or intermediary goes bankrupt or becomes insolvent, users may lose their assets or, in the event funds or valuable assets are involved, the value of those funds and or assets may be lost;
- Smart Contract Risks: Bridges that use smart contracts to facilitate the exchange of assets or data may be vulnerable to bugs or programming errors. These errors can lead to unintended consequences, such as the loss of assets or funds or the unintended transfer thereof;
- Regulatory Risks: Bridging between blockchains may involve the exchange of assets that are subject to different regulatory frameworks. This can create legal and compliance risks for users, especially if the exchange is not authorized or regulated by relevant authorities.
Overall, bridging between blockchains can offer significant benefits to users, such as increased liquidity and access to a wider range of assets. However, it is important for users to understand the risks involved and to carefully consider the design and implementation of the bridge before using it.
Bridging within the CyberKongz Ecosystem: One specific example of bridging between blockchains is bringing Ethereum mainnet utility tokens to Polygon for gaming purposes on the CyberKongz website. This bridging process can enable users to use their Ethereum-based utility tokens to participate in gaming activities on the CyberKongz website, which is hosted on the Polygon network. Since Cyberkongz website does not permit users to buy or sell tokens, nor employs fiat on or offramps, the loss of funds is unlikely. Nevertheless the loss of in-game assets and/or issues pertaining to transfer, and other losses may occur. Thus, it is important for users to carefully consider risks before participating in any bridging activity and to take appropriate precautions, such as using reputable bridging protocols and conducting thorough due diligence on any counterparties involved.Some of the benefits of bridging within the CyberKongz Ecosystem include:
- Increased Accessibility: By bringing Ethereum-based utility tokens to Polygon, users can access Cyberkongz gaming ecosystem, as well as those existing on the Polygon network, which offers faster and cheaper transactions compared to the Ethereum mainnet;
- Improved Gaming Experience: Users can use their familiar Ethereum-based utility tokens to participate in gaming activities on the CyberKongz website, making the gaming experience more seamless and convenient;
- Lower Transaction Fees: By using the Polygon network for gaming purposes, users can take advantage of lower transaction fees compared to the Ethereum mainnet, which can make it more cost-effective to participate in gaming activities.
Network Fees: Network Fees are charges incurred by users for performing transactions or executing smart contracts on a blockchain network, paid to validators or miners as compensation for processing and validating the transactions.
- Ethereum (PoS) network fees: Determined by the gas limit and base fee of a transaction, after the successful Merge from Proof of Work to Proof of Stake consensus algorithm on September 15, 2022. The base fee is algorithmically adjusted based on network demand and is burned, not paid to validators. Additional tips may be paid by the user to incentivize miners to prioritize their transaction;
- Polygon network fees: Denominated in MATIC and significantly lower than Ethereum's due to its PoS consensus algorithm and off-chain scaling solutions. Average transaction fees range from a fraction of a cent to a few dollars depending on the complexity and urgency of the transaction.
Please note that the definitions provided herein are intended for reference purposes only and may not fully represent the terms and conditions of use that apply when interacting with the CyberKongz website, games, and related products and digital assets.
We strongly recommend exercising caution and conducting thorough due diligence to fully understand how the CyberKongz Ecosystem works before engaging with it.
It is important to note that users are solely responsible for confirming any legal and regulatory requirements that apply to them in their jurisdiction before interacting with the CyberKongz website, products, and digital assets.
CyberKongz Definitional Summary:
The CyberKongz ecosystem is a collection of unique digital assets, including NFTs and utility tokens, created and stored on blockchain networks such as Ethereum and Polygon.
Users should exercise caution and conduct thorough due diligence when engaging with NFTs and other digital assets, and should be aware of the legal, regulatory, and financial aspects of ownership and use.
Blockchain networks are decentralized digital ledgers that use cryptography to record transactions in a secure and transparent manner. Consensus mechanisms, such as Proof of Work and Proof of Stake, ensure that all participants in the network agree on the same version of the ledger.
Bridging between blockchains is the process of establishing a connection to enable the transfer of assets or data. It can offer benefits such as increased liquidity and access to a wider range of assets, but comes with risks such as security, liquidity, counterparty, smart contract, and regulatory risks.
Users should be aware of the legal, regulatory, and potential financial aspects of the CyberKongz ecosystem, including potential commercial use and/or derivative use of CyberKongz NFTs and intellectual property. It is important for users to understand the terms and conditions of ownership and use of the NFTs and associated digital assets, and to seek professional legal guidance if necessary.
The CyberKongz project includes a collection of digital artworks featuring gorillas with distinct personalities and features, and the associated platform, services, and intellectual property owned by the CyberKongz team. CyberKongz NFTs are unique digital assets associated with CyberKongz artwork, with individually layered art files and traits that contribute to their overall value. Ownership of a CyberKongz NFT gives the holder legal rights to use, display, and sell the NFT for personal and non-commercial purposes.
Play & Kollect is a distributed application developed on the Ethereum or Polygon network that allows users to manage and control unique non-fungible collectible tokens developed on the ERC-721 standard ("CyberKongz VX"), as well as interact with other users in the CyberKongz ecosystem and manage secondary child tokens based on the ERC-1155 standard (wearables).
The Banana Token ($BANANA) is a utility token used within the CyberKongz ecosystem, which can be used for various purposes within the ecosystem, such as participating in events and accessing exclusive content.
CyberKongz VX refers specifically to the collection of 15,000 3D avatars designed for use in the metaverse and beyond, with unique traits that contribute to their overall value. Traits refer to the distinguishing characteristics of CyberKongz NFTs, including but not limited to eyes, eyewear, mouths, headwear, body, clothing, background, accessories, wearables, and equipment for CyberKongz VX.
The Rig/Image/Model files used to create and customize CyberKongz NFTs are subject to intellectual property rights and ownership. It is important for users to respect the intellectual property of the CyberKongz team and not use these files for commercial purposes without permission.
What We Own.
The name and intellectual property associated with the CyberKongz Project ("CyberKongz") is owned by our team. This includes the "CyberKongz" and "CyberKongz VX" names, logos, trademarks, and the website's look and feel. The team also owns the smart contract code and any other proprietary technology used to develop and maintain the website.
We grant users and owners of CyberKongz a non-exclusive, revocable, non-transferable license to use the website and associated intellectual property for personal, non-commercial purposes. This license does not include the right to reproduce, distribute, modify, or create derivative works of the website or its contents.
Users and owners of CyberKongz retain ownership of any content they create or upload to the website. However, the team reserves the right to remove any content that violates these terms and conditions or any applicable laws.
This clause is intended to clarify our ownership of the CyberKongz Project and its associated intellectual property. If you have any questions or concerns, please contact us at [email protected].
General Ownership and Usage Rights.
Subject to additional terms and conditions addressed herein, as well as to such laws and regulations and/or jurisdictions that may be applicable to the technologies (including NFT’s) referred to herein, to the Cyberkongz platform, and to you, the user:
- Owning a CyberKongz NFT entails gaining full and complete ownership of the specific NFT in your Ethereum or Polygon address. This ownership is verified through the Ethereum (or Polygon) Blockchain(s) and grants you the right to use the NFT for personal and non-commercial purposes;
- You also have the opportunity to utilize this NFT in minting or receiving subsequent opportunities available only to CyberKongz holders. These opportunities may be specified in separate agreements or communication channels.
Please note that once ownership of the NFT is transferred to another party, all of your rights to use the NFT for personal and non-commercial purposes are revoked, and the new owner assumes all of these rights.
It is your responsibility to ensure that you comply with all applicable laws and regulations when using your NFT.
Subject to compliance with these terms, and to such matters as noted above, including but not limited to applicable laws, regulations, jurisdictions, etc., CyberKongz grants you a non-exclusive, royalty-free license to use, copy, display, and modify the CyberKongz NFTs that you own for the purposes of CyberKongz NFT Art. While usage is generally granted worldwide (excepting prohibited regions), permitted uses of the NFTs are limited to the following:
- Personal and non-commercial use, which includes displaying the NFTs on your personal social media profiles or as part of a personal collection;
- Display and usage of your NFT on external websites,
- The ability to buy, sell, and trade your NFT on authorized platforms.
Commercial and Derivative Rights.
Thank you for your interest in using CyberKongz for commercial purposes. We support your entrepreneurial spirit and encourage you to explore all possible opportunities. To ensure that CyberKongz remains an authentic and unique NFT collection, we have some guidelines that you should follow, including but not limited to:
- Use the entire CyberKongz NFT licensed materials in any licensed use of CyberKongz or CyberKongz VX. This includes the complete rig, image, and model, as well as any proprietary traits or VOX and VXM files that are essential to each asset;
- Do not use any proprietary traits or crafted layers of CyberKongz in any other projects;
- Do not sell or promote counterfeit NFTs or collections that are identical or substantially similar to CyberKongz;
- You are free to use your CyberKongz in any commercial or derivative way that does not violate any laws or intellectual property rights;
- You shall indemnify and defend CyberKongz against any claims, damages, proceedings, loss, or costs arising from any use that violates this agreement;
- Do not use CyberKongz licensed materials in any way that could be construed as adverse or derogatory to the image of CyberKongz or any of its subjects;
- Using CyberKongz in connection with illegal activities, such as money laundering or terrorism;
- Making false claims about the origin or authenticity of CyberKongz;
- Creating non-genuine products that mimic CyberKongz features or proprietary traits;
- Using any CyberKongz licensed materials in any material that is unlawful, fraudulent, defamatory, obscene, pornographic, threatening, abusive, hateful, or offensive.
We reserve the right to terminate this agreement if you violate any of these guidelines. If you have any questions or concerns, please contact us at [email protected].
Adjusting or Delisting CyberKongz Assets.
You can modify the Name and Bio of your CyberKongz on-chain by burning $Banana token. The updated information may be reflected on any third-party website which accesses CyberKongz’ API for fetching metadata, and at our website.In the event a Name or Bio contains any language that is or may be considered inappropriate, such as pornography or hate speech, we reserve the right to take action to protect the integrity of our project. This may include displaying your CyberKongz NFT as the original metadata of CyberKongz #XXXX, where XXXX is the identification number of the CyberKongz NFT and the biography will be displayed as blank.
By holding a CyberKongz NFT, you will have access to a range of future opportunities, including but not limited to:
- Priority access to mint the upcoming CyberKongz VX;
- Participation in airdrops and other promotional events;
- Exclusive access to events in The Sandbox virtual world.
- Additional information on these opportunities will be shared with the CyberKongz community through our official channels.
Play & Kollect Dapp.
Welcome to Play & Kollect ("P&K"), a distributed application that allows you to manage and control unique non-fungible collectible tokens developed on the ERC-721 standard ("CyberKongz VX") on the Ethereum or Polygon network. With P&K, you can participate in mini-games, interact with other users in the CyberKongz ecosystem, and manage secondary child tokens based on the ERC-1155 standard (wearables). The Dapp is visualized on a website that you can interact with.
Before you use the P&K Dapp, Smart Contracts, or Site, you need to agree to these Terms and Conditions of Use. This agreement explains the terms and conditions by which you agree to use 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 it.
In addition to 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 incorporated into this agreement by reference. We reserve the right to make changes to the Terms from time to time in our sole discretion. We will update the "Last Updated" date of these Terms to alert you of any changes, and it is your responsibility to review these Terms periodically to stay informed. Your continued use of the Site, the Dapp, and the Smart Contracts after the date any revised Terms are posted indicates your acceptance of the changes.
Play & Kollect.
"Play & Kollect" is a new feature within the CyberKongz ecosystem. It is important to note that Play & Kollect is not intended as a financial instrument or a source of income. By using Play & Kollect, you agree that it is not a financial instrument nor a form of income. Your use of Play & Kollect is subject to these Terms, as described previously, and you are legally bound by them.
Changes to the Dapp.
We are constantly innovating the Dapp to 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.
All intellectual property rights in and to the CyberKongz project, including but not limited to trademarks, logos, graphics, images, animations, videos, text, software, and related products are owned by CyberKongz LLC and its licensors. You agree not to use any of these materials without the prior written consent of CyberKongz LLC. You also agree not to register or attempt to register any trademarks, logos, or other proprietary materials that belong to CyberKongz LLC or its licensors.
Disclaimer and Indemnification.
CyberKongz are collectible digital art pieces that serve as Non-Fungible Tokens for you to enjoy and collect. They are not intended as investment vehicles and should not be viewed as such.
CyberKongz makes no promises or guarantees regarding the value of CyberKongz NFTs, but remains committed to working for the success of the project and the community.
In the event of changes to the regulatory environment around digital assets and NFTs, CyberKongz reserves the right to modify its policies and procedures to ensure compliance. However, CyberKongz cannot guarantee that such assets will always comply with all regulatory requirements at all times and in all circumstances.
CyberKongz will indemnify the purchaser of an NFT against any claims that the NFT is not authentic or does not have the value that CyberKongz represented it to have, subject to the limitations set out in this clause. CyberKongz is not liable for any damages or losses that arise from the use or ownership of its NFTs.
The purchaser of an NFT is solely responsible for complying with all applicable laws and regulations. CyberKongz strongly recommends that purchasers seek independent legal or financial advice before purchasing an NFT.
Disclaimer of Liability for Third-Party Links
CyberKongz may provide links to third-party websites and services for the convenience of its users. CyberKongz does not endorse or make any representations about these third-party websites and services, and is not responsible for their availability, content, accuracy, or any damages resulting from their use. By using CyberKongz's services, you acknowledge and agree that CyberKongz will not be liable for any direct, indirect, incidental, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, resulting from your use of or inability to use any third-party websites and services linked to CyberKongz's services.
No Investment Advice.
CyberKongz does not provide any investment advice or recommendations. You acknowledge and agree that any investment decision you make is solely your own and that you are responsible for conducting your own research and due diligence.
You are entirely and solely responsible for any and all tax liability which may arise from minting, selling, and/or owning your CyberKongz NFTs. This includes but is not limited to income tax, capital gains tax, and sales tax, and other taxes and issues, which, respecting blockchain technology, inclusive of NFTs, is complex, and may vary per your jurisdiction. As such, taxation demands your careful attention and in addition, professional, tax-specific and/or legal guidance is advised. The tax rates and due dates for paying the taxes may also vary depending on your jurisdiction. You are responsible for complying with the tax laws and regulations that apply to you based on your location or residence. Failure to pay the taxes on time may result in penalties and interest charges. The information provided in this clause is for informational purposes only and does not constitute legal or tax advice. You should consult a qualified professional for your specific tax situation.
Disclaimer of Value.
Please note that any references made to value, taxes, or other similar terms within these Terms of Service are provided for informational purposes only and are not intended to, and shall not be construed to, represent or imply any endorsement or warranty of value by CyberKongz. Any such references are made solely to assist you in understanding your legal and tax obligations, and should not be relied upon as an indication of value or investment potential. CyberKongz does not endorse or claim any value for its utility tokens and digital assets, and disclaims any and all liability for any loss or damages incurred by you in connection with the use or ownership of CyberKongz NFTs.
The CyberKongz project is intended for individuals who are 18 years of age or older, or above the legal age of their jurisdiction, whichever is greater.
By accessing or using the CyberKongz project, you represent and warrant that you meet the age requirement.
IF YOU ARE UNDER 18 YEARS OLD OR OF LEGAL AGE TO ENTER INTO BINDING AGREEMENTS IN YOUR JURISDICTION, 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, YOU ACCEPT FULL RESPONSIBILITY FOR THAT CHILD’S USE OF THE DAPP, INCLUDING ALL FINANCIAL CHARGES AND LEGAL LIABILITY THAT THEY MAY INCUR.
CyberKongz LLC understands that there may be rare circumstances where it is necessary by law and/or legal guidance to restrict your access to the Site and Front End/UI of the Dapp, or limit access to your CyberKongz NFTs on our website or services. Although this decision may be made at any time and for any reason, we want to assure you that it is not a decision we take lightly. Furthermore, we will make every effort to provide you with prior notice whenever possible.
We may also terminate or suspend access to our platform and services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms and Conditions.
Upon termination, you must immediately cease using the Site and the Dapp and destroy any copies of materials obtained from the Site and the Dapp. All disclaimers, indemnification obligations, and limitations of liability set forth in these Terms shall survive any termination.
All provisions of these Terms and Conditions which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Changes to These Terms.
We may update or revise these Terms from time to time. The most current version will be available on our website at https://www.cyberkongz.com/terms/terms-and-conditions and it's important that you review any modifications to become familiar with them. We may notify you of material revisions to these Terms via Twitter or Discord. Material revisions are changes that may significantly impact your use of our services, such as changes to payment terms or changes to your rights and responsibilities as a user. By continuing to access our website, use our products, and/or hold a CyberKongz NFT, you agree to be bound by the current Terms, regardless of any changes that may occur or the notice thereof
Risk of Smart Contracts, Dapp or the Site/ Platform.
By using the CyberKongz and the P&K ecosystem, you accept and acknowledge the potential risks and liabilities associated with its use. These risks include, but are not limited to:
- The volatility of blockchain assets, which may result in significant price fluctuations of your CyberKongz assets and possible losses.
- Tax liabilities, which are your sole responsibility to determine and comply with based on your location or residence.
- Ownership and transfer of CyberKongz, which occur only within the supporting blockchain of the relevant Blockchain Network and not on the Dapp.
- Security vulnerabilities in publicly deployed Smart Contracts, which you interact with at your own risk and for which CyberKongz LLC is not liable.
- Risks associated with the Polygon Protocol, including possible security vulnerabilities, errors, failures, bugs or economic loopholes in its smart contracts, which may result in losses of your locked CyberKongz VX.
- Risks associated with an internet-based currency, such as communication failures, disruptions, errors, distortions or delays that may occur when using the relevant Blockchain Network.
- Risks associated with blockchain technology, such as any malfunction, breakdown or abandonment of the relevant Blockchain Network that may have a material adverse effect on your CyberKongz VX.
- Risks associated with the use of private keys, which are necessary to control and transfer your CyberKongz VX and may result in the loss of your assets or unauthorized access by a third party.
- Risks associated with lack of public interest, which may negatively affect the development of the P&K ecosystem and the potential value of your CyberKongz VX.
- Risks associated with regulatory uncertainty, which may negatively affect the development of the P&K ecosystem and the potential value of your CyberKongz VX.
- Unintended effects of changes to Ethereum and Polygon Networks on P&K Ecosystem, which may have unintended negative effects on the P&K ecosystem and the potential value of your CyberKongz VX.
- Risks associated with the use of new and untested technology in the P&K ecosystem, including other potential risks that may evolve or materialize.
By using the P&K ecosystem and/or locking your CyberKongz VX, you assume all risks associated with these actions.
Governing Law & Dispute Resolution.
This Agreement shall be governed by and construed in accordance with the laws of the Federation of Saint Kitts and Nevis, without regard to its conflict of laws principles. Any dispute arising out of or in connection with this Agreement, including any question regarding its existence, validity or termination, shall be finally resolved by arbitration in accordance with the rules of the Nevis International Dispute Resolution Centre. The seat of the arbitration shall be in Nevis, and the language of the arbitration shall be English.
Waiver and Severability.
The failure of CyberKongz LLC to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms shall remain in full force and effect.
These Terms constitute the entire agreement between you and CyberKongz LLC with respect to the subject matter hereof and supersede all prior and contemporaneous agreements and understandings, whether written or oral, relating to the subject matter hereof.
If you have any questions or comments about these Terms and Conditions, please contact us at [email protected] or through our Discord or Twitter channels.
Thank you for choosing CyberKongz as your destination for digital art, entertainment, gaming, and global conservation via blockchain. We hope you enjoy your experience on our platform and look forward to seeing you in the CyberKongz community!