PROJECT NEBULA TERMS OF SERVICE

Last updated : September 30th, 2020

WELCOME TO PROJECT NEBULA


Project Nebula is a space-themed collectible strategy game that runs on the ICON blockchain. Project Nebula uses smart contracts to enable users to discover, purchase, own, transfer and sell unique planets (“Assets”), which can then be visualized on a website or in a mobile application that the user can interact with. 

This document represents an agreement between you (“You” or the “User”) and “Project Nebula” game with its subsidiaries, affiliates and agencies (“Game”), hereinafter collectively referred to as the “Parties” and individually as a “Party”.

These Terms of Service ("Terms") together with our Privacy Policy contain the terms that governs all use of our web site and services and all content and and all services available on or through the Game.

By signing in service you hereby confirm that you are 18 years old and under no restrictions to use this website and to participate in the game or conduct any operations with cryptocurrency under the applicable law.

Arcanum Solutions OÜ is an Estonian entity, with reg. code 14060862, which operates Project Nebula.

These Terms of Service are a public document, which may be amended by us unilaterally without prior written notice. The current effective version of the Terms is available on the website: www.projectnebula.app/terms-of-service

PLAYING THE GAME


To start using the Game, you need to set up Chrome browser for your device. After that you need to install ICONex wallet, which allows you to purchase, store and engage in transactions using ICON cryptocurrency.  Transactions that take place in the Game are managed and confirmed via ICON blockchain. You understand that your ICON public address will be made publicly visible whenever you engage in a transaction in the Game.

THIRD-PARTY SERVICES


We neither own nor control ICON network, ICONex wallet, Chrome, or any other third-party site, product, or service that you might access, visit, or use for the purpose of enabling you to use the various features of the Game. 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.

PAYMENTS

If you purchase, trade or alter Assets in the Game, any financial transactions that you engage in will be conducted solely through ICON network via ICONex wallet. We will have no insight into or control over these payments or transactions, nor we have the ability to reverse any transactions. With that in mind, we will have no liability to you or to any third party for any claims or damages that may arise as a result of any transactions that you engage in via the Game, or using the smart contracts, or any other transactions that you conduct via ICON network or ICONex wallet.

Any and all purchases are final and non-refundable. You agree to be solely responsible for any applicable taxes imposed on the Assets purchased hereunder. You shall pay any applicable taxes, including sales, use, personal property, value-added, excise, customs fees, import duties or stamp duties or other taxes and duties imposed by governmental agencies of whatever kind and imposed with respect to the transactions. You acknowledge and accept that we reserve the right, at our own and complete discretion and at any time, to modify or to temporarily or permanently suspend or to eliminate the Game or the selling of the Assets. We shall reserve the right to refuse selling the Assets to you without any explanation, at its sole and absolute discretion.

You must take appropriate actions for keeping safety of your login and password in the ICONex wallet and shall bear responsibility of their safety and confidentiality. All actions carried out with the use of your login and password, considered to be executed by you. We have the right to send you by any means information about the Game and Assets, including advertising, information and other messages and you, by accepting these Terms of Service, confirm your consent to it.

RISKS


NOT AN INVESTMENT- Game and its Assets are not an investment, currency, security, commodity, a swap on a currency, security or commodity or any other kind of financial instrument. You should not participate in the Game or acquire Assets for investment purposes. Game is not designed for investment purposes, speculation, as some type of arbitrage strategy, for immediate resale or other financial purposes.
NO RIGHTS CREATED - Participation in the Game does not provide you with rights of any form with respect to the Game or its revenues or assets, including, but not limited to, any voting, distribution, redemption, liquidation, proprietary (including all forms of intellectual property), or other financial or legal rights.
THE PRODUCT MAY NOT BE LAUNCHED - The game may not be successfully developed, marketed and/or launched. Users may not receive tokens, any product or service. It is possible that the Project Nebula game and assets may not ever be released.
CHANGES COULD BE MADE - Project Nebula developers may have to make changes to the specifications of the game. Developers may be unable to deliver Project Nebula in a way that reflects the specifications or any form of functioning as described in this document.
FAILURE TO MAINTAIN - It is still possible that the game will experience malfunctions or otherwise fail to be adequately developed or maintained, which may negatively impact Project Nebula and game assets.
CEASE OF OPERATIONS - It is possible that, due to any number of reasons, including, but not limited to, an unfavorable fluctuation in the value of cryptocurrencies, Project Nebula may not be widely adopted and may have limited users, or alternative products may be established that compete with or will be more widely used. The developers may no longer be viable to operate the Project Nebula Game, and all of its game assets may dissolve or cease to exist.
HIGH VOLATILITY - The prices of the ICON cryptocurrency and any game assets may be extremely volatile. Fluctuations in the price of crypto tokens could materially and adversely affect the value of your digital assets.
REGULATORY RISKS - The regulatory regime governing the blockchain technologies, cryptocurrencies, tokens and distributed networks is uncertain, new regulations or policies may materially adversely affect the development of Project Nebula and the value of game assets.
BLOCKCHAIN RELATED RISKS - Upgrades that are directly involved within the ICON network may change the way transactions are confirmed and how game assets and tokens are used.
INTELLECTUAL PROPERTY - Service retains all right, title and interest in all of Game’s intellectual property, including, without limitation, inventions, ideas, concepts, code, discoveries, processes, artwork, soundtrack, marks, methods, software, compositions, formulae, techniques, information and data, whether or not patentable, copyrightable or protectable in trademark, and any trademarks, copyright or patents based thereon.


WARRANTIES AND GUARANTEES

By accepting these Terms of Service, you confirm your legal capacity to enter in these agreement (Terms) with us (under the applicable law and law of the country of your residence) as well as the authenticity of his personal data and other information needed to purchase Assets and use the Game, and takes full responsibility for their accuracy, completeness and veracity. You take all risks connected with mistakes and inaccuracies in the provided personal data and other information.You will not forge or otherwise manipulate with any personal or non-personal data requested by us, will provide all necessary personal or non-personal data in the form and format requested by us in the case when such necessity arises in connection with requirements of applicable legislation.
By accepting these Terms of Service, you confirm your consent to the processing of your personal data and other information by us with the purpose of implementation of these Terms of Service and using of the Assets and the Game. By accepting these Terms of Service you confirm that you will not be using the Game or purchase the Assets for any illegal activity or unlawful actions, including but not limited to money laundering, drug trafficking or the financing of the terrorism.




INTELLECTUAL PROPERTY RIGHTS

We have valid, unrestricted and exclusive ownership of rights to use the patents, trademarks, trademark registrations, trade names, copyrights, know-how, technology and other intellectual property necessary to the conduct of selling of the Assets, of usage of the Game and our activities generally. In no way shall these Terms of Service entitle you for any our intellectual property.

TERM AND TERMINATION

These Terms of Service shall be in force for an indefinite period. Notwithstanding anything contained herein, we reserve the right, without notice and at ours sole discretion, to terminate these Terms of Service at any time without compensation of any kind to you. All rights granted to you under these Terms of Service will immediately be revoked upon our termination of the Terms of Service.

DISPUTE RESOLUTION

Any questions relating to the Terms which are not expressly or implicitly settled by the provisions contained in the Terms shall be governed by and construed in accordance with the laws of the Republic of Estonia, without giving effect to any principles of conflicts of law.