Your privacy is important to us. It is PlayerTrader, Inc.'s policy to respect your privacy regarding any information we may collect from you across our website, http://www.playertrader.net, and other sites we own and operate.
We only ask for personal information when we truly need it to provide a service to you. We collect it by fair and lawful means, with your knowledge and consent. We also let you know why we’re collecting it and how it will be used.
We only retain collected information for as long as necessary to provide you with your requested service. What data we store, we’ll protect within commercially acceptable means to prevent loss and theft, as well as unauthorized access, disclosure, copying, use or modification.
We don’t share any personally identifying information publicly or with third-parties, except when required to by law.
Our website may link to external sites that are not operated by us. Please be aware that we have no control over the content and practices of these sites, and cannot accept responsibility or liability for their respective privacy policies.
You are free to refuse our request for your personal information, with the understanding that we may be unable to provide you with some of your desired services.
Your continued use of our website will be regarded as acceptance of our practices around privacy and personal information. If you have any questions about how we handle user data and personal information, feel free to contact us.
This policy is effective as of 26 May 2021.
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE MARKET. THESE TERMS GOVERN YOUR USE OF THE MARKET, UNLESS WE HAVE EXECUTED A SEPARATE WRITTEN AGREEMENT WITH YOU FOR THAT PURPOSE. WE ARE ONLY WILLING TO MAKE THE MARKET AVAILABLE TO YOU IF YOU ACCEPT ALL OF THESE TERMS. BY USING THE MARKET OR ANY PART OF IT, OR BY CLICKING “I ACCEPT” BELOW OR INDICATING YOUR ACCEPTANCE IN AN ADJOINING BOX, YOU ARE CONFIRMING THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY ALL OF THESE TERMS. IF YOU ARE ACCEPTING THESE TERMS ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE LEGAL AUTHORITY TO ACCEPT THESE TERMS ON THAT ENTITY’S BEHALF, IN WHICH CASE “YOU” WILL MEAN THAT ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT ACCEPT ALL OF THESE TERMS, THEN WE ARE UNWILLING TO MAKE THE MARKET AVAILABLE TO YOU. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE MARKET.
THIS AGREEMENT CONTAINS AN ARBITRATION PROVISION (SEE SECTION 15). PLEASE REVIEW THE ARBITRATION PROVISION CAREFULLY, SINCE IT AFFECTS YOUR RIGHTS. BY USING THE MARKET OR ANY PART OF IT, OR BY CLICKING “I ACCEPT” BELOW OR INDICATING YOUR ACCEPTANCE IN AN ADJOINING BOX, YOU UNDERSTAND AND AGREE TO BE BOUND BY THE ARBITRATION PROVISION.
ANY PURCHASE OR SALE YOU MAKE, ACCEPT OR FACILITATE OUTSIDE OF THE MARKET (AS DEFINED BELOW) OF A FRACTIONS OF A PLAYER DIGITAL ASSET (AS DEFINED BELOW) WILL BE ENTIRELY AT YOUR RISK. WE DO NOT CONTROL OR ENDORSE PURCHASES OR SALES OF FRACTIONS OF A PLAYER DIGITAL ASSET OUTSIDE OF THE MARKET. WE EXPRESSLY DENY ANY OBLIGATION TO INDEMNIFY YOU OR HOLD YOU HARMLESS FOR ANY LOSSES YOU MAY INCUR BY TRANSACTING, OR FACILITATING TRANSACTIONS, IN FRACTIONS OF A PLAYER DIGITAL ASSET OUTSIDE OF THE MARKET.
This document contains very important information regarding your rights and obligations, as well as conditions, limitations and exclusions that might apply to you. Please read it carefully.
These terms require the use of arbitration to resolve disputes, rather than recourse to the judicial system. PlayerTrader Inc. ("we", "us" or “our”) is making the PlayerTrader Market application (the “Market”) available to you. The Market provides users with the opportunity to invest in professional athletes by purchasing and holding Fractions of Player Digital Assets tracked on the PlayerTrader Quantum Ledger Database. Before you use the Market, you will need to agree to these Terms and Conditions of Use and any terms and conditions incorporated herein by reference (collectively, these “Terms”).
BY USING THE MARKET OR ANY PART OF IT, OR BY CLICKING “I ACCEPT” BELOW OR INDICATING YOUR ACCEPTANCE IN AN ADJOINING BOX, YOU ARE CONFIRMING THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY ALL OF THESE TERMS.
Any changes to these Terms will be in effect as of the “Last Updated Date” referred to at the top of this page. You should review these Terms before using the Market or purchasing any product or using any services that are available through the Market.
Your continued use of the Market after the “Last Updated Date” will constitute your acceptance of and agreement to such changes.
By using the Market, you affirm that you are of legal age to enter into these Terms, and you accept and are bound by these Terms. You affirm that if you are using the Market on behalf of an organization or company, you have the legal authority to bind any such organization or company to these Terms.
You may not use the Market if you: (i) do not agree to these Terms; (ii) are not of the age of majority in your jurisdiction of residence; or (iii) are prohibited from accessing or using the Market or any of the Market’s contents, products or services by applicable law.
1. USE OF THE MARKET; ACCOUNT SET-UP AND SECURITY
(i) Account Registration. You must provide accurate and complete registration information when you create an account for the Market. By creating an account, you agree to provide accurate, current and complete account information about yourself, and to maintain and promptly update your account information as necessary. We reserve the right reclaim usernames without liability to you.
(ii) Account Security. You are responsible for the security of your account for the Market and for your electronic wallets. 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
(iii) Account Transactions. You can use your PlayerTrader wallet to purchase, store, and engage in transactions using your credit card, or via one or more cryptocurrencies that we may elect to accept from time to time. Transactions that take place on the Market are managed and confirmed via the PlayerTrader Quantum Ledger Database. You understand that your PlayerTrader Quantum Ledger Database public address will be made publicly visible whenever you engage in a transaction on the Market.
2. PURCHASING AND EARNING YOUR FRACTIONS OF A PLAYER DIGITAL ASSET
(i) Acquiring Fractions of a Player Digital Assets. The Market allows you to purchase, earn, collect and showcase Fractions of a Player Digital Asset (each, a “Fractions of a Player Digital Asset” or “Fraction”). Each Fraction of a Player Digital Asset is tracked on the PlayerTrader Quantum Ledger Database.
(ii) Purchasing Fractions of a Player Digital Asset. You can purchase Fractions of a Player Digital Asset by buying Fractions of a Player Digital Asset from other users in the Market’s marketplace (the “Marketplace”). If you buy an individual Fractions of a Player Digital Asset from another user in the Marketplace, you will know the exact Fractions of a Player Digital Asset that you are purchasing. We strongly encourage you not to purchase Fractions of a Player Digital Asset other than on the Marketplace. If you decide to purchase Fractions of a Player Digital Asset in any other way, you understand that such purchases will be entirely at your sole risk.
(iii) Earning Fractions of a Player Digital Asset. You can earn Fractions of a Player Digital Asset for free by participating in certain challenges or marketing campaigns on the Market, or by completing certain in-Market tasks that we may make generally available from time to time.
(iv) Subjectivity of Fractions of a Player Digital Asset. The value of each Fraction of a Player Digital Asset is inherently subjective, in the same way the value of other collectibles is inherently subjective. Each Fraction of a Player Digital Asset has no inherent or intrinsic value. Some collectors might prefer to have a Fraction of a Player Digital Asset featuring a certain player, while another might prefer an equivalent Fraction of a Player Digital Asset featuring a different player.
3. PAYMENT, NETWORK FEES, AND TAXES
(i) Financial Transactions on Market. Any payments or financial transactions that you engage in via the Market will be conducted solely through the PlayerTrader Quantum Ledger Database. We have no control over these payments or transactions, nor do we have the ability to reverse any payments or transactions. We have no liability to you or to any third party for any claims or damages that may arise as a result of any payments or transactions that you engage in via the Market, or any other payment or transactions that you conduct via the PlayerTrader Quantum Ledger Database. We do not provide refunds for any purchases that you might make on or through the Market – whether for Fractions of a Player Digital Asset or anything else.
(ii) Network Fees. Every transaction on the PlayerTrader Quantum Ledger Database requires the payment of a transaction fee (each, a “Network Fee”). The Network Fees fund the network of computers that run the decentralized PlayerTrader Quantum Ledger Database. This means that you will need to pay a Network Fee for each transaction that you instigate via the Market. Except as otherwise expressly set forth in these Terms, you will be solely responsible to pay any Network Fee for any transaction that you instigate via the Market.
(iii) Responsibility for Taxes. You will be solely responsible to pay any and all sales, use, value-added and other taxes, duties, and assessments (except taxes on our net income) now or hereafter claimed or imposed by any governmental authority (collectively, the “Taxes”) associated with your use of the Market. Except for income taxes levied on us, you: (a) will pay or reimburse us for all national, federal, state, local or other taxes and assessments of any jurisdiction, including value added taxes and taxes as required by international tax treaties, customs or other import or export taxes, and amounts levied in lieu thereof based on charges set, services performed or payments made hereunder, as are now or hereafter may be imposed under the authority of any national, state, local or any other taxing jurisdiction; and (b) will not be entitled to deduct the amount of any such taxes, duties or assessments from payments (including Network Fees) made to us pursuant to these Terms.
4. OWNERSHIP, LICENSE, AND OWNERSHIP RESTRICTIONS
YOUR OWNERSHIP OF FRACTIONS OF A PLAYER DIGITAL ASSET WILL ONLY BE RECOGNIZED BY US IF YOU HAVE PURCHASED OR OTHERWISE RIGHTFULLY ACQUIRED SUCH FRACTIONS OF A PLAYER DIGITAL ASSET FROM A LEGITIMATE SOURCE AND NOT THROUGH ANY OF THE CATEGORY B PROHIBITED ACTIVITIES (AS DEFINED BELOW).
For the purposes of this Section 4, the following capitalized terms will have the following meanings:
“Own” means, with respect to a Fractions of a Player Digital Asset, a Fractions of a Player Digital Asset that you have purchased or otherwise rightfully acquired from a legitimate source (and not through any of the Category B Prohibited Activities (as defined below)), where proof of such purchase is recorded on the PlayerTrader Quantum Ledger Database.
“Purchased Fractions of a Player Digital Asset” means any Fractions of a Player Digital Asset that you Own. “Third Party IP” means any third party patent rights (including, without limitation, patent applications and disclosures), copyrights, trade secrets, trademarks, know-how or any other intellectual property rights recognized in any country or jurisdiction in the world.
(i) Ownership of Fractions of a Player Digital Asset. Because each Fraction of a Player Digital Asset is tracked on the PlayerTrader Quantum Ledger Database, when you purchase a Fractions of a Player Digital Asset in accordance with these Terms (and not through any of the Category B Prohibited Activities), you own the underlying Fraction completely. This means that you have the right to hold your Fractions of a Player Digital Asset or sell them at any time. Ownership of the Fractions of a Player Digital Asset is mediated entirely by the PlayerTrader Quantum Ledger Database. Except as otherwise permitted by these Terms in cases where we determine that the Fractions of a Player Digital Asset has not been rightfully acquired from a legitimate source (including, without limitation, through any of the Category B Prohibited Activities), at no point will we seize, freeze, or otherwise modify the ownership of any Fractions of a Player Digital Asset.
(ii) We Own the Market. You acknowledge and agree that we (or, as applicable, our licensors) owns all legal right, title and interest in and to all other elements of the Market, and all intellectual property rights therein (including, without limitation, all designs, systems, methods, information, computer code, software, services, “look and feel”, organization, compilation of the content, code, data, and all other elements of the Market (collectively, the “Market Materials”)). You acknowledge that the Market Materials are protected by copyright, trade dress, patent, and trademark laws, international conventions, other relevant intellectual property and proprietary rights, and applicable laws. All Market Materials are the copyrighted property of us or our licensors, and all trademarks, service marks, and trade names associated with the Market or otherwise contained in the Market Materials are proprietary to us or our licensors.
(iii) No User License or Ownership of Market Materials. Except as expressly set forth herein, your use of the Market does not grant you ownership of or any other rights with respect to any content, code, data, or other Market Materials that you may access on or through the Market. We reserve all rights in and to the Market Materials that are not expressly granted to you in these Terms.
(iv) Further User Ownership Acknowledgements. For the sake of clarity, you understand and agree: (a) that your purchase of a Fractions of a Player Digital Asset, whether via the Market or otherwise, does not give you any rights or licenses in or to the Market Materials other than those expressly contained in these Terms; (b) that you do not have the right, except as otherwise set forth in these Terms, to reproduce, distribute, or otherwise commercialize any elements of the Market Materials without our prior written consent in each case, which consent we may withhold in our sole and absolute discretion; and (c) that you will not apply for, register, or otherwise use or attempt to use any of our trademarks or service marks, or any confusingly similar marks, anywhere in the world without our prior written consent in each case, which consent we may withhold at our sole and absolute discretion.
(v) User Feedback. You may choose to submit comments, bug reports, ideas or other feedback about the Market, including without limitation about how to improve the Market (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.
5. CONDITIONS OF USE AND PROHIBITED ACTIVITIES
YOU AGREE THAT YOU ARE RESPONSIBLE FOR YOUR OWN CONDUCT WHILE ACCESSING OR USING THE MARKET, AND FOR ANY CONSEQUENCES THEREOF. YOU AGREE TO USE THE MARKET ONLY FOR PURPOSES THAT ARE LEGAL, PROPER AND IN ACCORDANCE WITH THESE TERMS AND ANY MARKETLICABLE LAWS OR REGULATIONS.
(i) User Warranties. Without limiting the foregoing, you warrant and agree that your use of the Market will not (and will not allow any third party to):(a) in any manner:
(1) involve the sending, uploading, distributing or disseminating any unlawful, defamatory, harassing, abusive, fraudulent, obscene, or otherwise objectionable content;
(2) involve the distribution of any viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other items of a destructive or deceptive nature;
(3) involve the uploading, posting, transmitting or otherwise making available through the Market any content that infringes the intellectual proprietary rights of any party;
(4) involve using the Market to violate the legal rights (such as rights of privacy and publicity) of others;
(5) involve engaging in, promoting, or encouraging illegal activity (including, without limitation, money laundering);
(6) involve interfering with other users’ enjoyment of the Market;
(7) involve exploiting the Market for any unauthorized commercial purpose;
(8) involve modifying, adapting, translating, or reverse engineering any portion of the Market;
(9) involve removing any copyright, trademark or other proprietary rights notices contained in or on the Market or any part of it;
(10) involve reformatting or framing any portion of the Market;
(11) involve displaying any content on the Market 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;
(12) involve using any spider, site search/retrieval application, or other device to retrieve or index any portion of the Market or the content posted on the Market, or to collect information about its users for any unauthorized purpose;
(13) involve accessing or using the Market for the purpose of creating a product or service that is competitive with any of our products or services;
(14) involve abusing, harassing, or threatening another user of the Market or any of our authorized representatives, customer service personnel, chat board moderators, or volunteers (including, without limitation, filing support tickets with false information, sending excessive emails or support tickets, obstructing our employees from doing their jobs, refusing to follow the instructions of our employees, or publicly disparaging us by implying favoritism by a our employees or otherwise); or
(15) involve using any abusive, defamatory, ethnically or racially offensive, harassing, harmful, hateful, obscene, offensive, sexually explicit, threatening or vulgar language when communicating with another user of the Market or any of our authorized representatives, customer service personnel, chat board moderators, or volunteers
(each, a “Category A Prohibited Activity”); and/or
(b) in any manner:
(1) involve creating user accounts by automated means or under false or fraudulent pretenses;
(2) involve the impersonation of another person (via the use of an email address or otherwise);
(3) involve using, employing, operating, or creating a computer program to simulate the human behavior of a user (“Bots”);
(4) involve using, employing, or operating Bots or other similar forms of automation to engage in any activity or transaction on the Market (including, without limitation, purchases of Fractions of a Player Digital Asset on the Marketplace);
(5) involve acquiring Fractions of a Player Digital Asset through inappropriate or illegal means (including, among other things, using a stolen credit card, or a payment mechanism that you do not have the right to use, or purchasing Fractions of a Player Digital Asset and then attempting to charge the cost back to your payment method while still maintaining ownership or control of the Fractions of a Player Digital Asset or selling, gifting or trading the Fractions of a Player Digital Asset to someone else); or
(6) involve the purchasing, selling or facilitating the purchase and sale of any user’s account(s) to other users or third parties for cash or cryptocurrency consideration outside of the Market; or
(7) otherwise involve or result in the wrongful seizure or receipt of any Fractions of a Player Digital Asset or other digital assets (each, a “Category B Prohibited Activity” and, together with Category A Prohibited Activity, the “Prohibited Activities”).
(ii) Effect of Your Breaches. If you engage in any of the Prohibited Activities, we may, at our sole and absolute discretion, without notice or liability to you, and without limiting any of our other rights or remedies at law or in equity, immediately suspend or terminate your user account and/or seize your Fractions of a Player Digital Asset.
NOTWITHSTANDING THE FOREGOING, HOWEVER, IF WE REASONABLY BELIEVE THAT YOU ARE ENGAGED IN ANY OF THE CATEGORY B PROHIBITED ACTIVITIES, IN ADDITION TO OUR RIGHT TO IMMEDIATELY SUSPEND OR TERMINATE YOUR USER ACCOUNT AND/OR DELETE YOUR FRACTIONS OF A PLAYER DIGITAL ASSET’ IMAGES AND DESCRIPTIONS FROM THE MARKET, WE ALSO RESERVE THE RIGHT, AT OUR SOLE AND ABSOLUTE DISCRETION, WITHOUT NOTICE OR LIABILITY TO YOU, TO TAKE ANY OR ALL OF THE FOLLOWING ACTIONS: (A) TO DEEM ANY TRANSACTION THAT TOOK PLACE VIA OR AS THE RESULT OF SUCH ACTIVITIES TO BE VOID AB INITIO; AND/OR (B) TO IMMEDIATELY CONFISCATE ANY FRACTIONS OF A PLAYER DIGITAL ASSET (INCLUDING THEIR UNDERLYING FRACTIONS) THAT WERE PURCHASED OR ACQUIRED AS THE RESULT OF SUCH ACTIVITIES.
(i) You Terminate. You may terminate these Terms at any time by canceling your account on the Market and discontinuing your access to and use of the Market. If you cancel your account, or otherwise terminate these Terms, you will not receive any refunds for any purchases that you might make on or through the Market.
(ii) We Terminate. 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 Market without the provision of prior notice. You agree that any suspension or termination of your access to the Market 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.
(iii)Other Remedies Available. If we terminate these Terms or suspend or terminate your access to or use of the Market due to your breach of these Terms or any suspected fraudulent, abusive, or illegal activity (including, without limitation, if you engage in any of the Prohibited Activities), then termination of these Terms will be in addition to any other remedies we may have at law or in equity.
(iv) Referral to Governmental Authority. We have the right, without provision of prior notice, to take appropriate legal action, including, without limitation, referral to law enforcement or regulatory authority, or notifying the harmed party of any illegal or unauthorized use of the Market. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone using the Market.
(v) Effect of Termination. 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 Market 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 1 and 3 through 17 will survive the termination or expiration of these Terms for any reason.
YOU WAIVE AND HOLD US AND OUR PARENT, SUBSIDIARIES, AFFILIATES AND OUR AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, AND SUCCESSORS HARMLESS FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY US AND ANY OF THE FOREGOING PARTIES RELATING TO ANY INVESTIGATIONS BY EITHER US OR SUCH PARTIES OR BY LAW ENFORCEMENT AUTHORITIES.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR ACCESS TO AND USE OF THE MARKET IS AT YOUR SOLE RISK, AND THAT THE MARKET IS PROVIDED "AS IS" 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 MARKET 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 PARENT, SUBSIDIARIES, AFFILIATES, AND LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (I) YOUR ACCESS TO OR USE OF THE MARKET WILL MEET YOUR REQUIREMENTS; (II) YOUR ACCESS TO OR USE OF THE MARKET WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR; (III) USAGE DATA PROVIDED THROUGH THE MARKET WILL BE ACCURATE; (IV) THE MARKET OR ANY CONTENT, SERVICES, OR FEATURES MADE AVAILABLE ON OR THROUGH THE MARKET ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (V) THAT ANY DATA THAT YOU DISCLOSE WHEN YOU USE THE MARKET 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.
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.
WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSSES YOU INCUR AS THE RESULT OF YOUR USE OF THE PLAYERTRADER QUANTUM LEDGER DATABASE, OR YOUR ELECTRONIC WALLET, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (I) USER ERROR, SUCH AS FORGOTTEN PASSWORDS OR; (II) SERVER FAILURE OR DATA LOSS; (III) CORRUPTED WALLET FILES; OR (IV) UNAUTHORIZED ACCESS OR ACTIVITIES BY THIRD PARTIES, INCLUDING, BUT NOT LIMITED TO, THE USE OF VIRUSES, PHISHING, BRUTE-FORCING OR OTHER MEANS OF ATTACK AGAINST THE MARKET, THE PLAYERTRADER QUANTUM LEDGER DATABASE, OR ANY ELECTRONIC WALLET.
FRACTIONS OF A PLAYER DIGITAL ASSET ARE INTANGIBLE DIGITAL ASSETS THAT EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED IN THE PLAYERTRADER QUANTUM LEDGER DATABASE. ALL TRANSACTIONS ARE CONDUCTED AND OCCUR ON THE DECENTRALIZED LEDGER WITHIN THE PLAYERTRADER QUANTUM LEDGER DATABASE. WE HAVE NO CONTROL OVER AND MAKE NO GUARANTEES OR PROMISES WITH RESPECT TO TRANSACTIONS.
WE ARE NOT RESPONSIBLE FOR LOSSES DUE TO TECHNOLOGIES OR ANY OTHER FEATURES OF THE PLAYERTRADER QUANTUM LEDGER DATABASE, OR ANY ELECTRONIC WALLET, INCLUDING BUT NOT LIMITED TO LATE REPORT BY DEVELOPERS OR REPRESENTATIVES (OR NO REPORT AT ALL) OF ANY ISSUES WITH THE TECHNOLOGY SUPPORTING THE PLAYERTRADER QUANTUM LEDGER DATABASE, INCLUDING FORKS, TECHNICAL NODE ISSUES, OR ANY OTHER ISSUES HAVING FUND LOSSES AS A RESULT.
8. LIMITATION OF LIABILITY
YOU UNDERSTAND AND AGREE THAT WE, OUR PARENT, 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, DIMINUTION OF VALUE OR ANY OTHER INTANGIBLE LOSS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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 MARKET, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, IS LIMITED TO THE GREATER OF THE AMOUNTS YOU HAVE ACTUALLY AND LAWFULLY PAID US UNDER THESE TERMS IN THE TWO (2) MONTH PERIOD PRECEDING THE DATE THE CLAIM AROSE.
YOU ACKNOWLEDGE AND AGREE THAT WE HAVE MADE THE MARKET AVAILABLE TO YOU AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE REPRESENTATIONS AND WARRANTIES, DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN, WHICH REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN US AND YOU AND FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN US AND YOU. WE WOULD NOT BE ABLE TO PROVIDE THE MARKET TO YOU WITHOUT THESE LIMITATIONS.
9. ASSUMPTION OF RISK
(i) Value and Volatility. The prices of digital assets are extremely volatile and subjective and digital assets have no inherent or intrinsic value. Fluctuations in the price of other digital assets could materially and adversely affect the value of your Fractions of a Player Digital Asset, which may also be subject to significant price volatility. Each Fraction of a Player Digital Asset has no inherent or intrinsic value. We cannot guarantee that any Fractions of a Player Digital Asset purchased will retain their original value, as the value of digital assets is inherently subjective and factors occurring outside of the PlayerTrader Market ecosystem may materially impact the value and desirability of any particular Fractions of a Player Digital Asset.
(ii) Tax Calculations. You are solely responsible for determining what, if any, taxes apply to your Fractions of a Player Digital Asset-related transactions. We are not responsible for determining the taxes that apply to your transactions on the Market.
(ii) Inherent Risks with Internet Currency. 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 electronic wallet. You accept and acknowledge that we will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the PlayerTrader Quantum Ledger Database, however caused.
(iv) Regulatory Uncertainty. The regulatory regime governing blockchain technologies, cryptocurrencies and tokens is uncertain, and new regulations or policies may materially adversely affect the development of the PlayerTrader Market ecosystem, and therefore the potential utility or value of your Fractions of a Player Digital Asset.
(v) Software Risks. Upgrades to the PlayerTrader Quantum Ledger Database, a hard fork in the PlayerTrader Quantum Ledger Database, or a change in how transactions are confirmed on the PlayerTrader Quantum Ledger Database may have unintended, adverse effects on all blockchains using the PlayerTrader Quantum Ledger Database’s standard, including the PlayerTrader Market ecosystem.
You agree to hold harmless and indemnify us and our parent, 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 Market; or (iii) your violation of applicable laws, rules or regulations in connection with your access to or use of the Market. You agree that we will have control of the defense or settlement of any such claims.
11. EXTERNAL SITES
The Market may include hyperlinks to other websites or resources (collectively, the “External Sites”), which are provided solely as a convenience to our users. We have no control over any External Sites. You acknowledge and agree that we are not responsible for the availability of any External Sites, and that we do not endorse any advertising, products or other materials on or made available from or through any External Sites. Furthermore, you acknowledge and agree that we are not liable for any loss or damage which may be incurred as a result of the availability or unavailability of the External Sites, or as a result of any reliance placed by you upon the completeness, accuracy or existence of any advertising, products or other materials on, or made available from, any External Sites.
12. FORCE MAJEURE
(i) Force Majeure Events. We will not be liable or responsible to the you, nor be deemed to have defaulted under or breached these Terms, for any failure or delay in fulfilling or performing any of these Terms, when and to the extent such failure or delay is caused by or results from the following force majeure events (“Force Majeure Event(s)”): (a) acts of God; (b) flood, fire, earthquake, epidemics, pandemics, including the 2019 novel coronavirus pandemic (COVID-19), tsunami, explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order, law, or action; (e) embargoes or blockades in effect on or after the date of this agreement; (f) strikes, labour stoppages or slowdowns or other industrial disturbances; (g) shortage of adequate or suitable Internet connectivity, telecommunication breakdown or shortage of adequate power or electricity; and (h) other similar events beyond our control.
(ii) Performance During Force Majeure Events. If we suffer a Force Majeure Event, we will use reasonable efforts to promptly notify you of the Force Majeure Event, stating the period of time the occurrence is expected to continue. We will use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized. We will resume the performance of our obligations as soon as reasonably practicable after the removal of the cause. In the event that our failure or delay remains uncured for a period of forty-five (45) consecutive days following written notice given by us under this Section 12, we may thereafter terminate these Terms upon fifteen (15) days' written notice.
13. CHANGES TO THE MARKET
We are constantly innovating the Market to help provide the best possible experience. You acknowledge and agree that the form and nature of the Market, 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 Market at any time without notice.
You affirm that you are over the age of 18. The Market is not intended for children under 18. If you are under the age of 18, you may not use the Market. We do not knowingly collect information from or direct any of our content specifically to children under the age of 18. If we learn or have reason to suspect that you are a user who is under the age of 18, we will unfortunately have to close your account. Other countries may have different minimum age limits, and if you are below the minimum age for providing consent for data collection in your country, you may not use the Market.
16. DISPUTE RESOLUTION; BINDING ARBITRATION
YOU ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
YOU HEREBY EXPRESSLY GIVE UP YOUR RIGHT TO HAVE A TRIAL BY JURY.
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.
(i) Binding Arbitration. All disputes arising out of or in connection with this contract, or in respect of any defined legal relationship associated therewith or derived therefrom, shall be referred to and finally resolved by arbitration under the Commercial Arbitration Rules of Procedure United States Arbitration & Mediation (USA&M).
The appointing authority shall be the United States Arbitration & Mediation (USA&M).
The case shall be administered by tUnited States Arbitration & Mediation (USA&M) in accordance with its Rules.
The place of arbitration shall be St. Louis, Missouri, United States of America.
(ii) Arbitration Fees. Each party will cover its own fees and costs associated with the arbitration proceedings; however, if the arbitrator finds that you cannot afford to pay the fees and costs reasonably associated with the arbitration proceedings, we will pay them for you.
(iii) Award Enforcement. 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. The parties agree that they will not appeal any arbitration decision to any court.
(iv) Our Equitable Remedies. Notwithstanding the foregoing, we 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 us through injunctive relief and other equitable remedies without proof of monetary damages.
(ii) No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person or entity other than you.
(iii) Interpretation. The language in these Terms will be interpreted as to its fair meaning, and not strictly for or against any party.
(iv) Severability. Should any part of these Terms be held invalid, illegal, void or unenforceable, that portion will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
(v) No Waivers. Our failure or delay to exercise or enforce any right or provision of these Terms will not constitute or be deemed a waiver of future exercise or enforcement of such right or provision. The waiver of any right or provision of these Terms will be effective only if in writing and signed for and on behalf of us by a duly authorized representative.
(vi) Governing Law. All matters arising out of or relating to these Terms will be governed by and construed in accordance with the federal laws of the United States of America applicable therein without giving effect to any choice or conflict of law provision or rule.
(vii) Venue. Subject to Section 16 of these Terms, any legal action or proceeding arising under these Terms will be brought exclusively in the Supreme Court of the State of New York located in New York City, New York, United States of America, and we and you irrevocably consent and attorn to the personal jurisdiction and venue there.
(viii) Notices. We may provide you with any notices (including, without limitation those regarding changes to these Terms) by email or postings on the Market. By providing us with your email address, you consent to our using the email address to send you any notices. Notices sent by email will be effective when we send the email, and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
(ix) Assignment. You may not assign any of 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.
Under this End User License Agreement (the "Agreement"), PlayerTrader, Inc. (the "Vendor") grants to the user (the "Licensee") a non-exclusive and non-transferable license (the "License") to use PlayerTrader Market (the "Software").
"Software" includes the executable computer programs and any related printed, electronic and online documentation and any other files that may accompany the product.
Title, copyright, intellectual property rights and distribution rights of the Software remain exclusively with the Vendor. Intellectual property rights include the look and feel of the Software. This Agreement constitutes a license for use only and is not in any way a transfer of ownership rights to the Software.
The Software may be loaded onto no more than one computer. A single copy may be made for backup purposes only.
The rights and obligations of this Agreement are personal rights granted to the Licensee only. The Licensee may not transfer or assign any of the rights or obligations granted under this Agreement to any other person or legal entity. The Licensee may not make available the Software for use by one or more third parties.
The Software may not be modified, reverse-engineered, or de-compiled in any manner through current or future available technologies.
Failure to comply with any of the terms under the License section will be considered a material breach of this Agreement.
The original purchase price paid by the Licensee will constitute the entire license fee and is the full consideration for this Agreement.
Limitation of Liability
The Software is provided by the Vendor and accepted by the Licensee "as is". Liability of the Vendor will be limited to a maximum of the original purchase price of the Software. The Vendor will not be liable for any general, special, incidental or consequential damages including, but not limited to, loss of production, loss of profits, loss of revenue, loss of data, or any other business or economic disadvantage suffered by the Licensee arising out of the use or failure to use the Software.
The Vendor makes no warranty expressed or implied regarding the fitness of the Software for a particular purpose or that the Software will be suitable or appropriate for the specific requirements of the Licensee.
The Vendor does not warrant that use of the Software will be uninterrupted or error-free. The Licensee accepts that software in general is prone to bugs and flaws within an acceptable level as determined in the industry.
Warrants and Representations
The Vendor warrants and represents that it is the copyright holder of the Software. The Vendor warrants and represents that granting the license to use this Software is not in violation of any other agreement, copyright or applicable statute.
All terms, conditions and obligations of this Agreement will be deemed to be accepted by the Licensee ("Acceptance") on registration of the Software with the Vendor.
The term of this Agreement will begin on Acceptance and is perpetual.
This Agreement will be terminated and the License forfeited where the Licensee has failed to comply with any of the terms of this Agreement or is in breach of this Agreement. On termination of this Agreement for any reason, the Licensee will promptly destroy the Software or return the Software to the Vendor.
The Vendor will be free of liability to the Licensee where the Vendor is prevented from executing its obligations under this Agreement in whole or in part due to Force Majeure, such as earthquake, typhoon, flood, fire, and war or any other unforeseen and uncontrollable event where the Vendor has taken any and all appropriate action to mitigate such an event.
The Parties to this Agreement submit to the jurisdiction of the courts of the State of Wyoming for the enforcement of this Agreement or any arbitration award or decision arising from this Agreement. This Agreement will be enforced or construed according to the laws of the United States of America.
This Agreement can only be modified in writing signed by both the Vendor and the Licensee.
This Agreement does not create or imply any relationship in agency or partnership between the Vendor and the Licensee.
Headings are inserted for the convenience of the parties only and are not to be considered when interpreting this Agreement.
Words in the singular mean and include the plural and vice versa. Words in the masculine gender include the feminine gender and vice versa. Words in the neuter gender include the masculine gender and the feminine gender and vice versa.
If any term, covenant, condition or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, it is the parties' intent that such provision be reduced in scope by the court only to the extent deemed necessary by that court to render the provision reasonable and enforceable and the remainder of the provisions of this Agreement will in no way be affected, impaired or invalidated as a result.
This Agreement contains the entire agreement between the parties. All understandings have been included in this Agreement. Representations which may have been made by any party to this Agreement may in some way be inconsistent with this final written Agreement. All such statements are declared to be of no value in this Agreement. Only the written terms of this Agreement will bind the parties.
This Agreement and the terms and conditions contained in this Agreement apply to and are binding upon the Vendor's successors and assigns.
All notices to the Vendor under this Agreement are to be provided at the following address:
PlayerTrader, Inc. : Chapel Hill, NC