1. Terms
By accessing the website at www.Etherpoly.io (“The Website”) you agree to be bound
by these terms of service, all applicable laws and regulations, and that you are
responsible for compliance with any applicable local laws. If you do not agree with any
of these terms, you are prohibited from using or accessing this site. The materials
contained in this website are protected by applicable copyright and trademark law.
2. Licence
A) Permission is granted, for personal, non-commercial transitory viewing only, to
temporarily download one copy of the materials (information or software) on The Website.
This is the grant of a licence, not a transfer of title, and under this licence you may
not :
i. copy or modify the materials;
ii. use the materials for any commercial purpose, or for any public display
(commercial or non-commercial);
iii. attempt to reverse-engineer or decompile any software provided in The Website,
or through our service;
iv. remove any copyright or other proprietary notations from the materials; or
v. transfer the materials to another person or “mirror” the materials on any server
B) The licence shall automatically be terminated if you violate any of these
restrictions and may be terminated at any time. Upon terminating your viewing of these
materials, or upon the termination of this license, you must destroy any downloaded
materials in your possession whether in electronic or printed format.
3. Disclaimer
A) The materials on The Website are provided on an “as is” basis. There are no
warranties, expressed or implied, and hereby disclaims and negates all other warranties
including, without limitation, implied warranties or conditions of merchantability,
fitness for a particular purpose, or non-infringement of intellectual property or other
violation of rights.
B) Further, there is no warrant or any representation concerning the accuracy,
likely results, or reliability of the use of the materials on The Website, or otherwise
relating to such materials or on any sites linked to this site.
4. Limitations
In no circumstances shall there be any liability for any damages (including, without
limitations, damages for loss of profit or data, or due to business interruption)
arising out of the use or inability to use the materials on The Website, even if a
representative has been notified orally or in writing of the possibility of such damage.
Should you be regulated by a jurisdictions that do not allow limitations on implied
warranties, or limitations of liability for consequential or incidental damages, then
you are not allowed to use the Service.
5. Reliability of information
The information appearing on The Website could include mathematical, technical,
typographical or photographic errors. There is no warrant that any of the information on
The Website is accurate, complete or current. Changes to the information contained on
The Website may be made at any time without notice. However there is no commitment to
update the materials, nor to review all of the sites linked to The Website. Sites
linking to The Website are solely and exclusively responsible for their content. The
inclusion of any link does not imply endorsement. Use of any such link is at the user’s
own risk.
6. Modifications
The terms of service of The Website may be revised at any time without notice. By
using The Website, you agree to be bound by the then current version of these terms of
service, and to connect regularly to verify any eventual modifications.
7. Disclaimer
Before you use The Website or the Smart Contracts, you will need to agree to these
Terms of Use, and any terms and conditions incorporated herein by reference
(collectively, “Terms”). PLEASE CAREFULLY READ THESE TERMS BEFORE USING THE WEBSITE OR
SMART CONTRACT. THESE TERMS GOVERN YOUR USE OF THE WEBSITE AND THE SMART CONTRACTS.
SHOULD YOU NOT ACCEPT EVERY ONE OF THESE TERMS YOU ARE PROHIBITED FROM USING THE WEBSITE
AND/OR THE SMART CONTRACT. IF YOU ARE USING THE WEBSITE AND/OR THE SMART CONTRACT, OR
ANY PART OF THEM, YOU ARE CONFIRMING THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY ALL OF
THESE TERMS. SHOULD YOU BE 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 THEN MEAN THAT ENTITY. IF YOU DO NOT HAVE SUCH
AUTHORITY, OR IF YOU DO NOT ACCEPT ALL OF THESE TERMS, THEN YOU ARE PROHIBITED TO USE
THE WEBSITE OR THE SMART CONTRACTS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT
ACCESS THE WEBSITE OR THE SMART CONTRACTS.
8. 3rd Party Software
We neither control nor own Metamask, Google Chrome, Firefox, the Ethereum Network,
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 Website. 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.
9. Ether Transactions
If you elect to acquire or trade Tokens on the Website, with or from other users via
The Website, any financial transactions that you engage in will be conducted solely
through the Ethereum network via MetaMask. We will have no insight into or control over
these payments or transactions, nor do 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
Website, or using the Smart Contracts, or any other transactions that you conduct via
the Ethereum network or MetaMask.
10. Scope and Limitation of Liability
A) Etherpoly shall not be held responsible for any omission, error or inaccuracy in
this document, or in any action taken in reliance thereon.
B) Users are solely responsible of knowing and complying with the laws of their
legal jurisdiction. Etherpoly shall not be held responsible for any use of its services
by the user that could be considered as illegal in their legal jurisdiction.
There is no representation or guarantee in any way that the tokens provided within
The Website or the Smart Contracts may have any rights, uses, purposes, attributes,
functionalities, features, or value. The tokens might have no value.
C) The Website provides a service “as is” and “commercially available” condition.
There is no warranty with regards to the service, however, including but not limited to
applicability, free from error or omission, continuity, accuracy, reliability or fitness
for a particular purpose. Meanwhile, there isn’t any promise or warranty with regards to
the effectiveness, accuracy, correctness, reliability, quality, stability, completeness
and timeliness of the technology and information involved by The Website. The Website
shall not have any duty to conduct preliminary review on information data, transaction
activity and any other transaction related issues. You acknowledge and agree, that you
will be the exclusive and sole person liable for any of your losses caused by any of the
following events, including but not limited to losses of profits, goodwill, usage or
data or any other intangible losses (regardless whether we have been advised of the
possibility of such losses): use or failure to use the service; any technical glitch or
security breach that may happen cause loss or service disruption; expenses and losses
incurred from purchase or acquisition of any data or information or engagement in
transaction through The Website, or any alternatives of the same; your misunderstanding
of our service; any other losses related to the service. In no event shall we be liable
for any failure or delay of service resulted from regular equipment maintenance of the
information network, connection error of information network, error of computers,
communication or other systems, power failure, strike, labor disputes, riots,
revolutions, chaos, insufficiency of production or materials, fire, flood, tornado,
blast, war, governmental acts or judicial orders. You agree to indemnify and hold us
harmless, our contractors, and our licensors, and their respective directors, officers,
employees and agents from and against any and all claims and expenses, including
attorneys’ fees, arising out of your use of the Website, including but not limited to
out of your violation this Agreement.
11. Copyright
Etherpoly retains all intellectual property, rights, titles, including, without
limitation, inventions, ideas, concepts, designs, code, discoveries, processes, marks,
methods, software, compositions, formulae, techniques, data and information,
copyrightable or protectable in trademark, and any trademarks, copyright or patents
based thereon, whether patentable or not. Any use of Etherpoly’s intellectual property
for any reason without prior written consent is prohibited.
12. Age of Use
The usage of The Website is a service ONLY provided to adults over the age of
eighteen (18) years, or whichever age of adulthood in your jurisdiction. By proceeding
to interact with The Website, you acknowledge that you are over 18 years old of age, or
the age of adulthood in your jurisdiction.
13. General terms
A) Etherpoly reserves the right to issue new City tokens, or to stop issuing them,
and/or to destroy its own tokens at any time in its sole discretion. The development of
the service may be abandoned for a number of reasons, including, but not limited to,
lack of interest from the public, critical security issues, lack of funding, lack of
commercial success, departure of key personnel.
B) By using the service, users are fully aware of the risks associated with Ethereum
applications. The software of the service could malfunction, or contain a bug and/or
security vulnerabilities that may cause monetary or token loss, and that may cause the
indefinite interruption of the service. Moreover, the user’s own devices could be
compromised, resulting in token or monetary loss. By using the service, users accept
that Etherpoly cannot be held responsible for any monetary or token loss that may happen
in case of the software of its service malfunctioning, or in case of any exploit of a
security vulnerability, and will not provide any refund or compensation in such a case.
C) The user understands and accepts that Etherpoly does not represent or constitute
any ownership right or stake, share or security or equivalent rights nor any right to
receive future revenues, shares, or any other form of participation or governance right
in or relating to the service. Etherpoly tokens are not securities, commodities, swaps
on either securities or commodities or a financial instrument of any kind. Hence, they
are not subject to the protections of any laws governing those types of financial
instruments. The tokens do not provide rights of any form with respect to Etherpoly,
including, but not limited to, any , distribution, redemption, voting, liquidation,
proprietary (including intellectual property), or other legal or financial rights. The
tokens do not represent any form of loan and do not provide the token owner with any
ownership or other interest in Etherpoly. All users shall have sufficient knowledge,
experience and understanding of blockchain or cryptographic tokens and digital assets,
smart contracts, storage mechanisms (such as digital wallets), to be able to evaluate
the merits and risks of using the service.
D) The regulatory status of Cryptocurrency, Digital assets, Cryptographic tokens and
blockchain technology is still unclear or unsettled in many jurisdictions. It is
difficult to predict how governmental authorities will regulate such technologies, or
how any governmental authority may make changes to existing laws, rules and/or
regulations that will affect digital assets, cryptocurrencies, cryptographic tokens,
blockchain technology and its applications. Such changes could negatively impact
Etherpoly tokens in various ways. Etherpoly may cease the development or operations of
the service in one or multiple jurisdictions in the event that governmental actions make
it unlawful or commercially undesirable to continue to do so.
F) By agreeing to these terms, you represent that you also agree with our Privacy
Policy, accessible through the “Privacy Policy” link on the footer of The Website.
E) This English document is the official Terms of Service documents for the
Etherpoly service, and Etherpoly tokens. The information contained herein may be
translated into other languages from time to time or may be used in the course of
written or verbal communications with existing and prospective partners, community
members, etc.
In the course of a communication or translation, some of the information contained
in this paper may be corrupted, misrepresented or lost. The accuracy of such alternative
communications cannot be guaranteed. In the event of any inconsistencies or conflicts
between such translations and communications and this official English-language
document, the provisions of the original English-language document shall prevail.