Cosmic Champs Terms of Use

1. The Game must be used through a supported mobile device or web browser on either a desktop or mobile device. Third party tools and services may be required in order to engage in transactions using cryptocurrencies.
2. Transactions that take place on the Game are managed and confirmed via the Algorand blockchain. You understand that your Algorand public address will be made publicly visible whenever you engage in a transaction on the Game.
3. We neither own nor control the Algorand 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 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.
4. You must provide accurate and complete registration information when you create an account for the Game. By creating an account, you agree to provide accurate, current and complete information about yourself, and to maintain and promptly update as necessary your account information. You are responsible for the security of your account and your cryptocurrency wallet (and other Algorand wallets and accounts). If you become aware of any unauthorized use of your password or of your account with us, you agree to notify us immediately at support@cosmicchamps.com.

1. You will be required to register before being permitted to use the Game. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

1. If you elect to purchase, trade, or use Tokens or NFTs on the Game, or with or from other users via the Game, any financial transactions you engage in will be conducted solely through the Algorand network. We will have no insight into or control over these payments or transactions, nor do we have the ability to reverse any transactions. You agree we 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 any other transactions that you conduct via the Algorand or other blockchain networks.
2. Algorand requires Tokens for every transaction that occurs on the Algorand network. This means that you will need to ensure that you maintain a sufficient Token balance in your account in order to transact via the Game.
3. As between us, 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, “Taxes”) associated with your use of the Game (including, without limitation, any Taxes that may become payable as the result of your ownership, transfer, or acquisition of your Cosmic Champs Tokens or NFTs). Except for income taxes levied on Cosmic Champs, you: (i) 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 (ii) shall not be entitled to deduct the amount of any such taxes, duties or assessments from payments made to us pursuant to these Terms.
4. Algorand requires the payment of a transaction fee for every transaction that occurs on the Algorand network. This means that you will need to pay a transaction fee for each transaction that occurs via the Game.
5. In addition to the transaction fee, each time you utilize a Smart Contract to conduct a transaction with another user via the Game, you authorize us to collect a commission of up to 2% of the total value of that transaction (each, a “Commission”). You acknowledge and agree that the Commission will be transferred directly to us through the network as a part of the transaction.

1. All payments by you via any payment method is done so at your own risk. Cosmic Champs expressly denies any liability regarding the purchase of Tokens offered through the Cosmic Champs Store.
2. You warrant that: (i) You are 18 years of age or over; (ii) The payment account or cryptocurrency wallet used by you in connection with purchasing Tokens is issued in your name or you are authorized to use an account, other fiat currency payment account, or cryptocurrency wallet; and (iii) The information supplied by you is true and correct.
3. All payments are debited to Cosmic Champs. Due to the way transactions are processed by our fiat currency payment processors as well as cryptocurrency payments via the blockchain, there may be delays in receiving your purchased Tokens.
4. Each transaction shall be subject to these Terms of Use in place at the time of the transaction for use in the Cosmic Champs game. Tokens are only available for players seeking to purchase Cosmic Champs’s NFTs, characters, and/or items from the Cosmic Champs Shop; staking on a third-party platform such as Cometa; providing liquidity on a third-party platform such as TinyMan; or participating in governance of Cosmic Champs. Any use outside of these transactions is expressly prohibited and will result in Cosmic Champs prohibiting your account from being able to purchase Tokens.
5. Cosmic Champs, at its own discretion, reserves the right to implement transaction limits for purchasing Tokens on any user. Cosmic Champs reserves the right to implement limitations on the number of Tokens any player may use for purchasing items in the game or from other players.

1. You acknowledge and agree that, unless otherwise stated, we (or, as applicable, our licensors) own all legal right, title and interest in and to all elements of the Game, and all intellectual property rights therein. The visual interfaces, graphics (including, without limitation, all art and drawings associated therewith), design, systems, methods, information, computer code, software, services, “look and feel”, organization, compilation of the content, code, data, and all other elements of the Game (collectively, the “Cosmic Champs Materials”) are owned by Mad Shapes Limited (“Mad Shapes”), and are protected by copyright, trade dress, patent, and trademark laws, international conventions, other relevant intellectual property and proprietary rights, and applicable laws. All Cosmic Champs Materials are the copyrighted property of Cosmic Champs or its licensors, and all trademarks, service marks, and trade names contained in the Cosmic Champs Materials are proprietary to Cosmic Champs or its licensors. Except as expressly set forth herein, your use of the Game does not grant you ownership of or any other rights with respect to any content, code, data, or other materials that you may access on or through the Game. We reserve all rights in and to the Cosmic Champs Materials not expressly granted to you in the Terms. For the sake of clarity, you understand and agree: (i) that your “purchase” of a character or other item, whether via the Game or otherwise, does not give you any rights or licenses in or to the Cosmic Champs Materials (including, without limitation, our copyright in and to the art and drawings associated with the characters) other than those expressly contained in these Terms; and (ii) that you do not have the right to reproduce, distribute, or otherwise commercialize any elements of the Cosmic Champs Materials (including, without limitation, our copyright in and to the art and drawings associated with that character) in any way without our prior written consent in each case, which consent we may withhold in our sole and absolute discretion.
2. You may choose to submit comments, bug reports, ideas or other feedback about the Game, including without limitation about how to improve the Game (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.
3. You agree that you are responsible for your own conduct while accessing or using the Game, and for any consequences thereof. You agree to use the Game only for purposes that are legal, proper and in accordance with these Terms and any applicable laws or regulations. By way of example, and not as a limitation, you may not, and may not allow any third party to: (i) send, upload, distribute or disseminate any unlawful, defamatory, harassing, abusive, fraudulent, obscene, or otherwise objectionable content; (ii) distribute viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other items of a destructive or deceptive nature; (iii) impersonate another person (via the use of an email address or otherwise); (iv) upload, post, transmit or otherwise make available through the Game any content that infringes the intellectual proprietary rights of any party; (v) use the Game to violate the legal rights (such as rights of privacy and publicity) of others; (vi) engage in, promote, or encourage illegal activity (including, without limitation, money laundering); (vii) interfere with other users’ enjoyment of the Game; (viii) exploit the Game for any unauthorized commercial purpose; (ix) modify, adapt, translate, or reverse engineer any portion of the Game; (x) remove any copyright, trademark or other proprietary rights notices contained in or on the Game or any part of it; (xi) reformat or frame any portion of the Game; (xii) display any content on the Game that contains any hate-related or violent content or contains any other material, products or services that violate or encourage conduct that would violate any criminal laws, any other applicable laws, or any third party rights; (xiii) use any robot, spider, site search/retrieval Application, or other device to retrieve or index any portion of the Game or the content posted on the Game, or to collect information about its users for any unauthorized purpose; (xiv) create user accounts by automated means or under false or fraudulent pretences; or (xv) access or use the Game for the purpose of creating a product or service that is competitive with any of our products or services (xvi) communicate with other users in the Game in a rude, offensive, derogatory or defamatory way; (xvii) systematically retrieve data or other content from the Game, and the Smart Contracts to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us; (xiix) make any unauthorized use of the Game and the Smart Contracts, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email (or other means of communication), or creating user accounts by automated means or under false pretences; (xix) use the Game and the Smart Contracts to advertise or offer to sell goods and services; (xx) circumvent, disable, or otherwise interfere with security-related features of the Game, including features that prevent or restrict the use or copying of any content or enforce limitations on the use of the Game and/or the content contained therein; (xxi) trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords; (xxii) make improper use of our support services or submit false reports of abuse or misconduct; (xxiii) engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools; (xxiv) interfere with, disrupt, or create an undue burden on the Game, and the Smart Contracts or the networks or services connected to the Game; (xxv) attempt to impersonate another user or person or use the username of another user; (xxvi) sell or otherwise transfer your profile; (xxvii) use any information obtained from the Game in order to harass, abuse, or harm another person; (xxviii) use the Game as part of any effort to compete with us or otherwise use the Game and/or its content for any revenue-generating endeavour or commercial enterprise; (xxix) decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Game, and the Smart Contracts; (xxx) attempt to bypass any measures of the Game designed to prevent or restrict access to the Game, or any portion of the Game; (xxxi) harass, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Game to you; (xxxii) copy or adapt the Game’s software, including but not limited to C#, C++, Python, JavaScript, Flash, HTML, or other code; (xxxiii) spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Game or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Game and the Smart Contracts; (xxxiv) upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”); (xxxv) except as may be the result of standard search engines or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Game and the Smart Contracts, or using or launching any unauthorized script or other software; (xxxvi) disparage, tarnish, or otherwise harm, in our opinion, us and/or the Game; (xxxvii) use the Game in a manner inconsistent with any applicable laws or regulations; (xxxviii) engage in any practice that aims to manipulate the outcome of any match/game. All players should play to the best of their abilities and any sort of match-fixing, win-trading, or colluding between competitors is strictly prohibited; or (xxxix) using multiple accounts to qualify for multiple rewards is strictly prohibited.

You may terminate these Terms at any time by cancelling your account on the Game and discontinuing your access to and use of the Game. You will not receive any refunds if you cancel your account, or otherwise terminate these Terms. You agree that we, in our sole discretion, may terminate these Terms and suspend and/or terminate your account(s) for the Game due to your breach of these Terms or any suspected fraudulent, abusive, or illegal activity. You agree that any suspension or termination of your access to the Game 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. If we terminate these Terms or suspend or terminate your access to or use of the Game, then termination of these Terms will be in addition to any other remedies we may have at law or in equity. 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 Game 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. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or a borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating and suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

1. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR ACCESS TO AND USE OF THE GAME IS AT YOUR SOLE RISK, AND THAT THE GAME IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WE, OUR SUBSIDIARIES, AFFILIATES, AND LICENSORS MAKE NO EXPRESS WARRANTIES AND HEREBY DISCLAIM ALL IMPLIED WARRANTIES REGARDING THE GAME AND ANY PART OF IT (INCLUDING, WITHOUT LIMITATION, THE GAME, ANY SMART CONTRACT, OR ANY EXTERNAL WEBSITES), 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 SUBSIDIARIES, AFFILIATES, AND LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (I) YOUR ACCESS TO OR USE OF THE GAME WILL MEET YOUR REQUIREMENTS; (II) YOUR ACCESS TO OR USE OF THE GAME WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR; (III) USAGE DATA PROVIDED THROUGH THE GAME WILL BE ACCURATE; (III) THE GAME OR ANY CONTENT, SERVICES, OR FEATURES MADE AVAILABLE ON OR THROUGH THE GAME ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THAT ANY DATA THAT YOU DISCLOSE WHEN YOU USE THE GAME 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.
2. 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.
3. WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSSES YOU INCUR AS THE RESULT OF YOUR USE OF THE ALGORAND NETWORK OR AN ELECTRONIC WALLET, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (A) USER ERROR, SUCH AS FORGOTTEN PASSWORDS OR INCORRECTLY CONSTRUED SMART CONTRACTS OR OTHER TRANSACTIONS; (B) SERVER FAILURE OR DATA LOSS; (C) CORRUPTED WALLET FILES; (D) UNAUTHORIZED ACCESS OR ACTIVITIES BY THIRD PARTIES, INCLUDING BUT NOT LIMITED TO THE USE OF VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK AGAINST THE GAME, ALGORAND NETWORK, OR AN ELECTRONIC WALLET.
4. COSMIC CHAMPS TOKENS ARE INTANGIBLE DIGITAL ASSETS THAT EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED IN THE ALGORAND NETWORK. ALL SMART CONTRACTS ARE CONDUCTED AND OCCUR THROUGH OUR CODE, AND ALL TRANSACTIONS ARE RECORDED ON THE DECENTRALIZED LEDGER WITHIN THE ALGORAND PLATFORM. FOR CLARITY, WE HAVE NO CONTROL OVER AND MAKE NO GUARANTEES OR PROMISES WITH RESPECT TO THE FUNCTIONALITY OF THE ALGORAND BLOCKCHAIN AND/OR THE EXECUTION OF SMART CONTRACTS AND/OR TRANSACTIONS.
5. COSMIC CHAMPS IS NOT RESPONSIBLE FOR LOSSES DUE TO BLOCKCHAINS OR ANY OTHER FEATURES OF THE ALGORAND NETWORK OR AN ELECTRONIC WALLET, INCLUDING BUT NOT LIMITED TO LATE REPORT BY DEVELOPERS OR REPRESENTATIVES (OR NO REPORT AT ALL) OF ANY ISSUES WITH THE BLOCKCHAIN SUPPORTING THE ALGORAND NETWORK, INCLUDING FORKS, TECHNICAL NODE ISSUES, OR ANY OTHER ISSUES HAVING FUND LOSSES AS A RESULT.

1. YOU UNDERSTAND AND AGREE THAT WE, OUR 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, LOSS OF INTANGIBLE DIGITAL ASSETS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR ANY OTHER INTANGIBLE LOSS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
2. 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 GAME, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, IS LIMITED TO THE GREATER OF (A) THE AMOUNTS YOU ACTUALLY PAID US UNDER THESE TERMS IN THE 12 MONTH PERIOD PRECEDING THE DATE THE CLAIM AROSE, OR (B) USD$100.
3. YOU ACKNOWLEDGE AND AGREE THAT WE HAVE MADE THE GAME AVAILABLE TO YOU AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN, WHICH REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN THE PARTIES AND FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN US. WE WOULD NOT BE ABLE TO PROVIDE THE GAME TO YOU WITHOUT THESE LIMITATIONS.
4. YOU ACKNOWLEDGE AND AGREE THAT YOU DO NOT RESIDE IN A REGION THAT EXPLICITLY BANS THE USE OF ANY FEATURE IN THE GAME IN ACCORDANCE WITH GAMBLING, CRYPTOCURRENCY OR OTHER APPLICABLE LAWS.
5. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND SOME JURISDICTIONS ALSO LIMIT DISCLAIMERS OR LIMITATIONS OF LIABILITY FOR PERSONAL INJURY FROM CONSUMER PRODUCTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO SUCH CLAIMS.

You accept and acknowledge each of the following:

1. The prices of blockchain assets are extremely volatile. Fluctuations in the price of other digital assets could materially and adversely affect the value of your Cosmic Champs Tokens or other items, which may also be subject to significant price volatility. We cannot guarantee that any purchasers of Cosmic Champs Tokens or other items will not lose money.
2. You are solely responsible for determining what, if any, taxes apply to your Cosmic Champs-related transactions. Cosmic Champs is not responsible for determining the taxes that apply to your transactions on the Game, or any blockchain.
3. The Game does not store, send, or receive Cosmic Champs Tokens. This is because Cosmic Champs Tokens and items exist only by virtue of the ownership record maintained on the Game’s supporting blockchain in the Algorand network. Any transfer of Cosmic Champs Tokens occurs within the supporting blockchain in the Algorand network, and not on the Game.
4. There are risks associated with using a digital currency, including, but not limited to, the risk of hardware, software and Internet connections, the risk of malicious software introduction, hacking, and the risk that third parties may obtain unauthorized access to information stored within your wallet. You accept and acknowledge that Cosmic Champs will not be responsible for any communication failures, disruptions, errors, distortions, hacking or delays you may experience when using the Algorand network, however caused.
5. A lack of use or public interest in the creation and development of distributed ecosystems could negatively impact the development of the Cosmic Champs ecosystem, and therefore the potential utility or value of Cosmic Champs Tokens or other items.
6. The regulatory regime governing blockchain technologies, cryptocurrencies, and Tokens is uncertain, and new regulations or policies may materially adversely affect the development of the Cosmic Champs ecosystem, and therefore the potential utility or value of Tokens and other items.
7. Upgrades by Algorand to the Algorand platform or a change in how transactions are confirmed on the Algorand platform may have unintended, adverse effects on all applications using the Algorand platform, including the Cosmic Champs ecosystem.

You agree to hold harmless and indemnify Cosmic Champs and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners from and against any claim, liability, loss, damage (actual and consequential) of any kind or nature, suit, judgment, litigation cost, and attorneys’ fees arising out of or in any way related to: (i) your breach of these Terms; (ii) your misuse of the Game; (iii) your violation of applicable laws, rules or regulations in connection with your access to or use of the Game; or (iv) your breach of our Privacy Policy. You agree that Cosmic Champs will have control of the defence or settlement of any such claims.

The Game may include hyperlinks to other web sites or resources (collectively, “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 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.

We may allow advertisers to display their advertisements and other information in certain areas of the Game such as sidebar advertisements or banner advertisements. If you are an advertiser, you should take full responsibility for any advertisements you place on the Game, and any services provided on the Game, or products sold through those advertisements. Further, as an advertiser, you warrant and represent that you possess all rights and authority to place advertisements on the Game, including, but not limited to, intellectual property rights, publicity rights, and contractual rights. We simply provide the space to place such advertisements, and we have no other relationship with advertisers.

We may revise and update these Terms of Use from time to time in our sole discretion. When we make changes, we will make the updated Terms available on the Game and update the “Last Updated” date at the beginning of these Terms accordingly, which apply to all access to and use of the Game and Website thereafter. Please check these Terms periodically for changes. Any changes to the Terms will apply on the date that they are made, and your continued access to or use of the Game after the Terms have been updated will constitute your binding acceptance of the updates. If you do not agree to any revised Terms, you may not access or use the Game.

You affirm that you are over the age of 13, as the Game is not intended for children under 13. IF YOU ARE 13 OR OLDER BUT UNDER THE AGE OF 18, OR THE LEGAL AGE OF MAJORITY WHERE YOU RESIDE IF THAT JURISDICTION HAS AN OLDER AGE OF MAJORITY, THEN YOU AGREE TO REVIEW THESE TERMS WITH YOUR PARENT OR GUARDIAN TO MAKE SURE THAT BOTH YOU AND YOUR PARENT OR GUARDIAN UNDERSTAND AND AGREE TO THESE TERMS. YOU AGREE TO HAVE YOUR PARENT OR GUARDIAN REVIEW AND ACCEPT THESE TERMS ON YOUR BEHALF. IF YOU ARE A PARENT OR GUARDIAN AGREEING TO THE TERMS FOR THE BENEFIT OF A CHILD OVER 13, THEN YOU AGREE TO AND ACCEPT FULL RESPONSIBILITY FOR THAT CHILD’S USE OF THE GAME, INCLUDING ALL FINANCIAL CHARGES AND LEGAL LIABILITY THAT HE OR SHE MAY INCUR.

Our Privacy Policy describes the ways we collect, use, store and disclose your personal information, and is hereby incorporated by this reference into these Terms. You agree to the collection, use, storage, and disclosure of your data in accordance with our Privacy Policy.

PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

ALL DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS OF USE OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND US, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY, AND YOU AGREE THAT COSMIC CHAMPS AND YOU ARE EACH WAIVING THE RIGHT TO SUE IN COURT AND TO HAVE A TRIAL BY A JUDGE AND/OR JURY. YOU AGREE THAT ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION.

The laws of the British Virgin Islands govern these Terms of Use.

Except for those disputes that shall be resolved in arbitration pursuant to this section, each party agrees to submit to the personal and exclusive jurisdiction of the courts located in the British Virgin Islands provided that any claims or disputes shall be subject to the arbitration provisions set forth below.

Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought, in an individual capacity only, and not on a class-wide or representative basis, in the courts specified above), any dispute between you and Cosmic Champs related in any way to, or arising in any way from, our Privacy Policy or these Terms of Use (“Dispute”) shall be finally settled on an individual, non-representative basis in binding arbitration in accordance with the most recent British Virgin Islands International Arbitration Centre (“BVI IAC”) rules for arbitration of consumer-related disputes (available from BVI IAC on its website www.bviiac.org), as modified by this Agreement or in accordance with rules on which we may mutually agree.

Any arbitration will be conducted by a single, neutral arbitrator and shall take place in the British Virgin Islands. The arbitrator may award any relief that a court of competent jurisdiction could award, including attorneys’ fees when authorized by law. The arbitral decision may be enforced in any court of competent jurisdiction.

The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by BVI IAC or by the arbitrator. The arbitrator’s decision will follow the terms of these Terms of Use and will be final and binding. The arbitrator will have authority to award temporary, interim, or permanent injunctive relief or relief providing for specific performance of these Terms of Use, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in these Terms of Use will preclude you from bringing issues to the attention of federal, state, or local agencies and, if the law allows, they can seek relief against us for you.

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

These content standards apply to any and all contributions and use by you to the Game. Your use and contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, You must not:

1. Provide any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
2. Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
3. Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
4. Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.
5. Be likely to deceive any person.
6. Promote any illegal activity, or advocate, promote, or assist any unlawful act.
7. Impersonate any person or misrepresent your identity or affiliation with any person or organization.
8. Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
9. Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case;
10. Use the Game for laundering money or other illegal purposes.

We will maintain certain data that you transmit to the Game and the Smart Contracts for the purpose of managing the performance of the Game and the Smart Contracts, as well as data relating to your use of the Game and the Smart Contracts. Subject to applicable privacy laws, you acknowledge and agree that we are free to use this data as we see fit. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that release to any activity you have undertaken using the Game and the Smart Contracts. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

Cosmic Champs is not registered as an “investment company” under the Investment Company Act of 1940, as amended or under equivalent laws of any other jurisdiction.

You agree you will not disparage or criticize the Company or its Affiliates, or their respective businesses, management, directors, officers, employees, business practices, or equity holders (the “Company Entities”) and that you will not otherwise do or say anything that could disrupt the good morale, or otherwise harm the interests or reputations, of the Company Entities and we agree we will not publicly disparage or criticize you.

Due to the irrevocable nature of the blockchain, and our lack of control over user assets, we are unable to offer refunds on any purchases or other transactions.

These Terms constitute the entire legal agreement between you and Cosmic Champs, govern your access to and use of the Game, and completely replace any prior or contemporaneous agreements between the parties related to your access to or use of the Game, whether oral or written. There are no third-party beneficiaries to these Terms. The parties are independent contractors, and nothing in these Terms create any agency, partnership, or joint venture. The language in these Terms will be interpreted as to its fair meaning, and not strictly for or against any party. You may not assign any or your rights or obligations under these Terms, whether by operation of law or otherwise, without our prior written consent. We may assign our rights and obligations under these Terms in our sole discretion to an affiliate, or in connection with an acquisition, sale or merger. Should any part of these Terms be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions will remain in full force and effect. We will not be liable for any failure or delayed performance of our obligations that result from any condition beyond our reasonable control, including, but not limited to, governmental action, acts of terrorism, earthquake, fire, flood, acts of God, labour conditions, power failures, Internet disturbances, or acts or omissions of third parties. You agree that we may provide you with notices (including, without limitation those regarding changes to these Terms) by email, regular mail, or postings on the Game. By providing us with your email address, you consent to our using the email address to send you any notices required by law in lieu of communication by postal mail. “Smart Contracts” means the computer code executed in response to transactions published on the Algorand blockchain that generates a consistent and verifiable result. “Tokens” means fungible and non-fungible cryptographic tokens launched by Cosmic Champs or Mad Shapes for use inside or outside the Game such as Cosmic Gold, NFTs, and any other token.