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.
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, 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.
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.
11. Dispute Resolution.
(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.
, 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.
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.