TERMS OF USE
Updated 3/12/2022

These House Game Terms of Use constitute a legally binding agreement by and between Paralabs Inc. (“The House Game Developers” or “us” or “we”) and any owner of any Plot (defined below) (“you” or “Purchaser”) concerning your access and use of the play.house.game website (“the Site”) and specially developed smart contracts (“Smart Contracts”). The House Game Developers and each Purchaser may be referred to throughout these Terms of Use collectively as the “Parties” or individually as a “Party”. 

The Site and its Smart Contracts are provided “as is” and “as available” without warranty of any kind. By using the Site and its Smart Contracts you are confirming that you have read, understand, agree to be bound by all of these Terms of Use and accept the sole responsibility for any and all transactions involving House Game non-fungible tokens (NFT) digital collectibles. If you do not agree to or accept all of these Terms of Use, you are expressly prohibited from using the Site and Smart Contracts and accordingly must discontinue such use immediately.

By purchasing or otherwise owning an NFT originally produced by The House Game Developers, you acknowledge that you have carefully read and agree to these Terms of Use. Your purchase of an NFT originally produced by The House Game Developers, whether purchased from The House Game Developers or any owner of such NFT, does not constitute a financial investment. All NFTs originally produced by The House Game Developers are considered pieces of art and therefore your purchase constitutes buying a piece of art that is recorded on the blockchain.

1. Agreement to Terms. “Plot” hereafter refers to an NFT, recorded on a blockchain, that is linked to an image of a House Game digital collectible, which includes but is not limited to, a house or utility building. “Plot Art” refers to the image of the House Game digital collectible linked to a particular NFT. The image is compiled by the underlying House Game smart contract through a randomized selection of elements of art. Plot Art is solely digital in nature and is not connected to or sold with any items or representations that are physical in nature.

(a) Terms for Third Party Transactions: Plots may be available for purchase on one or more third party platforms, such as an NFT marketplace (e.g. OpenSea), which are not connected to, affiliated with, or operated by House Game. The House Game Developers take no responsibility whatsoever with regard to the use of any third party websites or NFT marketplaces. Such use is subject to the separate terms of the third party website or NFT marketplace.

2. Purchaser’s Plot Property Rights.

(a) When Purchaser acquires a Plot, Purchaser owns all personal property rights to that Plot (e.g., the right to freely sell, transfer, or otherwise dispose of that Plot). The Plot Art, however, is free for use by anyone for any purpose without restriction under copyright law.

3. Payments and Fees

(a) All financial transactions that you engage in through the Site, including the election to purchase a Plot, will be conducted through Smart Contracts on a blockchain using a Metamask wallet. We will have no insight into or control over these payments or transactions, nor do we have the ability to reverse any transactions. 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 through the Site and/or using the Smart Contracts, or as a result of any other transactions that you conduct via the Ethereum network.

(b) The Ethereum network requires the payment of a transaction fee (a “Gas Fee”) for every transaction that occurs using Ethereum. The Gas Fee funds the network of computers that run the decentralized Ethereum network. As a result, you will responsible for the payment a Gas Fee for each transaction conducted on the Site which includes but is not limited to minting, staking, and unstaking.

(c) In addition to the Gas Fee, each time you sell a Plot via a third party website or NFT marketplace, you authorize us to collect a commission of 10% of the total value of that transaction. You acknowledge and agree that the commission will be transferred directly to us through the Ethereum Network as a part of the transaction.

4. Transfers. All subsequent transfers or transactions of the Plots are subject to the following terms: (a) the Plot buyer (the “Transferee”) shall, by purchasing, accepting, accessing or otherwise using the Plot or Plot Art, be deemed to accept all of these Terms of Use as a “Purchaser” hereof; and (b) the Plot seller (the “Transferor”) shall provide notice to the Transferee of these Terms of Use, including a link to the Site or other method by which these Terms of Use can be accessible by the Transferee. Purchaser further acknowledges and agrees that all subsequent transfers or transactions of the Plot will be subject to all requirements of the blockchain network governing the Plot, and Purchaser will be required to make or receive payments exclusively through its cryptocurrency wallet.

5. The House Game Developers’ Obligations of the Site. The Parties acknowledge and agree that The House Game Developers are not responsible for repairing, supporting, replacing, or maintaining the Site.

6. Warranty Disclaimers. The Site is intended for users who are at least 18 years old. Purchaser represents and warrants that it (a) is at least 18 years old and has the legal capacity to enter into these Terms of Use, (b) will use and interact with the Plots and Plot Art only for lawful purposes and in accordance with these Terms of Use, and (c) will not use the Plots or Plot Art to violate any law, regulation or ordinance or any right of The House Game Developers, its licensors or any third party, including without limitation, any right of privacy, publicity, copyright, trademark, or patent. Purchaser further agrees that it will comply with all applicable law.

THE SITE, SMART CONTRACTS, AND PLOTS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE HOUSE GAME DEVELOPERS EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, NON- INFRINGEMENT, CORRECTNESS, ACCURACY, RELIABILITY, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. THE HOUSE GAME DEVELOPERS MAKE NO WARRANTY THAT THE SITE, SMART CONTRACTS, OR PLOTS WILL MEET PURCHASER’S REQUIREMENTS OR THAT YOUR ACCESS OR USE OF THE SITE, SMART CONTRACTS, OR PLOTS WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR. THE HOUSE GAME DEVELOPERS MAKE NO WARRANTY THAT THE SITE, SMART CONTRACTS, AND PLOTS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY DATA THAT YOU DISCLOSE WHEN YOU USE THE SITE, SMART CONTRACTS, OR PLOTS WILL BE SECURE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN CONTRACTS WITH CONSUMERS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

THE HOUSE GAME DEVELOPERS WILL NOT BE RESPONSIBLE OR LIABLE TO THE PURCHASER FOR ANY LOSSES INCURRED AND TAKES NO RESPONSIBILITY FOR, ANY USE OF THE ETHEREUM NETWORK OR METAMASK ELECTRONIC WALLET, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM USER ERROR SUCH AS FORGOTTEN PASSWORDS, INCORRECTLY CONSTRUCTED SMART CONTRACTS OR TRANSACTIONS, MISTYPED WALLET ADDRESSES, SERVER FAILURE OR DATA LOSS, CORRUPTED CRYPTOCURRENCY WALLET FILES, ANY UNAUTHORIZED THIRD PARTY ACTIVITIES, INCLUDING BUT NOT LIMITED TO THE USE OF PHISHING, VIRUSES, BRUTEFORCING OR OTHER MEANS OF ATTACK AGAINST ETHEREUM NETWORK OR METAMASK ELECTRONIC WALLET, UNDERLYING THE PLOTS.

THE PLOTS ARE INTANGIBLE DIGITAL ASSETS THAT EXIST ONLY BY THE OWNERSHIP RECORD MAINTAINED IN THE ETHEREUM NETWORK. ANY TRANSFER OF TITLE OF THE PLOTS OCCURS ON THE DECENTRALIZED LEDGER WITHIN THE ETHEREUM NETWORK, WHICH THE HOUSE GAME DEVELOPERS DO NOT CONTROL. THE PURCHASER BEARS FULL RESPONSIBILITY FOR ANY TRANSACTIONS THROUGH AN NFT MARKETPLACE. THE HOUSE GAME DEVELOPERS MAKE NO CLAIMS ABOUT THE IDENTITY, LEGITIMACY, OR AUTHENTICITY OF ASSETS ON ANY NFT MARKETPLACE OR ANY PURPORTED SUBSEQUENT TRANSACTIONS.

7. Assumption of Risk. Purchaser accepts and acknowledges each of the following:

(a) The prices of NFTs can be extremely volatile. A Purchaser’s Plot may be materially and adversely affected by fluctuations in the price of other blockchain assets. The House Game Developers cannot guarantee that any Purchaser of Plots will not lose money.  

(b) Purchaser is solely responsible for determining what, if any, taxes apply to Purchaser’s purchase, sale, or transfer of the Plots. Purchaser is also solely responsible for payments of such taxes related to their Plots. The House Game Developers are not responsible for determining or paying the taxes that apply to such transactions.

(c) The House Game Developers do not store, send, or receive Plots. Any transfer of Plots occurs within the supporting blockchain on the Ethereum network, which is not controlled by us. Losses due to accidental or fraudulent transactions on the part of the Purchaser are not the responsibility of the The House Game Developers. Such transactions may be irreversible and losses not recoverable.

(d) There are risks associated with the use of an Internet based digital asset, including but not limited to, the risk of issues related to Internet connections, hardware, and software, as well as, the risk of installed malicious software, and the risk of third parties obtaining unauthorized access your digital wallet. You understand and accept that The House Game Developers will not be responsible for any loss, damages, errors, distortions, communication failures, disruptions, or delays you may experience related to Plot transactions, caused by any cause beyond our reasonable control.

(e) Regulations governing digital assets, including blockchain technologies, cryptocurrencies, and tokens such as the Plots, are subject to developing laws and regulations throughout the world, and new regulations may adversely affect the development of House Game and therefore the utility and/or value of Plots.

(f) A loss of public interest in NFT play to earn games may adversely affect the development of House Game and therefore the utility and/or value of Plots.

8. Indemnity. Purchaser agrees to defend, indemnify, and hold The House Game Developers, affiliates, and all respective officers, agents, partners, and employees (the “Indemnified Parties”) harmless from and against any and all damages, losses, claims, costs, and expenses (including attorneys’ fees) that arise from or are related to any claim, suit, action, demand, or proceeding made or brought by a third party against the Indemnified Parties, arising out of or in relation to the Purchaser’s breach of these Terms of Use. We will use reasonable efforts to notify you of any claim, suit, action, demand, or proceeding which is subject to this Indemnity Section upon becoming aware.

9. Limitation of Liability.

(a) YOU UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER THE HOUSE GAME DEVELOPERS NOR ITS AFFILIATES, INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PLOTS WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR SPECIAL DAMAGES CAUSED BY ANY THEORY OF LIABILITY WHICH INCLUDES BUT IS NOT LIMITED TO DAMAGES FOR LOST REVENUES, LOST PROFITS, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL OR THE COST TO SUBSTITUTE PLOTS OF ANY KIND. THIS INCLUDES ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE, ACCESS, OR INTERACT WITH THE SITE, PLOTS OR PLOT ART, WHETHER BASED ON CONTRACT, WARRANTY OR ANY OTHER LEGAL THEORY.

(b) YOU UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY THE LAW OF THE APPLICABLE JURISDICTION, IN NO EVENT WILL THE HOUSE GAME DEVELOPERS’ TOTAL AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH ANY AND ALL CLAIMS RELATING TO THESE TERMS OR FROM THE USE OF OR INABILITY TO USE, ACCESS, OR INTERACT WITH THE SITE, PLOTS OR PLOT ART EXCEED THE GREATER OF (A) THE AMOUNT YOU ACTUALLY PAID US UNDER THESE TERMS IN THE TWELVE MONTHS PRECEDING THE DATE OF THE CLAIM, OR (B) TWO HUNDRED US DOLLARS.

(c) YOU UNDERSTAND AND AGREE THAT THE HOUSE GAME DEVELOPERS HAVE ENTERED INTO THESE TERMS IN RELIANCE ON THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, AND REFLECT A FAIR AND REASONABLE ALLOCATION OF RISK BETWEEN THE PARTIES AND ARE ESSENTIAL TO THE BARGAIN BETWEEN THE HOUSE GAME DEVELOPERS AND THE PURCHASER. THE LIMITATIONS OF DAMAGES SET FORTH HEREIN ARE FUNDAMENTAL TO THE HOUSE GAME DEVELOPERS ABILITY TO OPERATE THE SITE AND SMART CONTRACTS.

10. Governing Law and Forum Choice. These Terms of Use and any action related thereto will be governed by the laws of the State of Massachusetts, without regard to its conflict of laws principles. The exclusive jurisdiction for all Disputes (as defined in Section 11 “Dispute Resolution”) that Purchaser and The House Game Developers are not required to arbitrate will be the courts located in Massachusetts, and Purchaser and The House Game Developers each waive any objection to jurisdiction and venue in such courts.

11. Dispute Resolution.

(a) Informal negotiations. To expedite resolution and control the cost of any dispute, the Parties each agree that any dispute, claim or controversy arising out of or relating to these Terms of Use or the breach, termination, enforcement, interpretation or validity thereof (each a “Dispute" and collectively, the “Disputes") shall first be negotiated informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

(b) Mandatory Arbitration. If a Party is unable to resolve a Dispute through informal negotiations, the Parties each agree that any Dispute will then be exclusively resolved by binding arbitration (except Disputes expressly excluded below) and not in a class action or representative proceeding. Both Parties are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms of Use.

(c) Exceptions. As limited exceptions to Section 11(b) above: (i) both Parties may seek to resolve a Dispute in small claims court if the Dispute qualifies; (ii) both Parties each retain the right to seek relief from a court to enforce or protect the intellectual property rights of a Party (iii) both Parties retain the rights resolve any Dispute related to allegations of theft, unauthorized use, or piracy in a court of law.

(d) Conducting Arbitration. The arbitration will be conducted by JAMS under its JAMS Comprehensive Arbitration Rules and Procedures (the “JAMS Rules”), except as modified by these Terms of Use. The JAMS Rules are available at www.jamsadr.com/rules-comprehensive-arbitration/. A Party who wishes to start arbitration must submit a written demand to JAMS, using a Demand for Arbitration form from https://www.jamsadr.com/, and give notice to the other Party as specified in the JAMS Rules.

(e) Class Action Waiver. Both Parties agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in a class action or representative proceeding.

(f) Severability. If an arbitrator or court of competent jurisdiction decides that any part of these Terms of Use is invalid or unenforceable, the other parts of these Terms of Use will still apply.

12. $CASH Utility Token. The House Game utility token (“$CASH”) is produced when Plots are staked in the smart contract. $CASH was created by The House Game Developers for one purpose and one purpose only: for gameplay within the House Game ecosystem. $CASH has no value or functionality other than within the House Game ecosystem, and $CASH cannot be purchased from The House Game Developers. The House Game Developers do not provide or intend to provide a secondary marketplace for $CASH.

13. General Terms. These Terms of Use will transfer and be binding upon any Transferee. These Terms of Use constitutes the entire agreement between the Parties, and supersedes any and all prior representations, understandings and agreements, between the Parties with respect to the subject matter of these Terms of Use. The House Game Developers reserve the right, at our sole discretion, modify these Terms of Use at any time and for any reason. Any such modification will be effective immediately upon public posting and it is your responsibility to periodically review these Terms of Use for updates. You will be deemed to have been made aware of and accepted the modifications in any revised Terms of Use by your continued use of the Site. Our failure to promptly exercise or enforce any right or provision in these Terms of Use will not be construed as a waiver of such right or provision. These Terms of Use will not be deemed in any way to create, or be construed as creating, a joint venture, partnership, employment or agency relationship between the Parties. If any provision or part of a provision within these Terms of Use should be determined to be wholly or partly unlawful, invalid, or unenforceable, then the such provisions will be deemed amended to the minimum extent necessary to render them valid and enforceable in conformity with the Parties’ intent as manifested herein. The headings to Sections of these Terms of Use are for convenience and will not in any way affect the interpretation of these Terms of Use. The Parties have agreed to contract electronically and hereby waive any and all defenses based on the lack of signing by the Parties to execute these Terms of Use.