Terms of Service
AGREEMENT BETWEEN YOU AND CRYPTOZOO.
THE SERVICE OR ANY LICENSED PRODUCTS. IF YOU ACCESS OR USE THE
SERVICE OR ANY LICENSED PRODUCTS, YOU ARE DEEMED TO HAVE
YOU ARE NOT AUTHORIZED TO ACCESS AND/OR USE THE SERVICE OR ANY
CRYPTOZOO CONCERNING THE SERVICE AND SUPERSEDE ANY PRIOR OR
CONCURRENT AGREEMENT, REPRESENTATION OR UNDERSTANDING BETWEEN
YOU AND CRYPTOZOO OR BY ANY CRYPTOZOO REPRESENTATIVE. YOU ARE
SERVICE OR ANY LICENSED PRODUCTS, ARE ACTING ON BEHALF OF ANOTHER
PERSON OR ENTITY.
The odds expressed on the Site (or on other sites to which the Site is linked) are based on
statistical probabilities for all collectibles being sold. There is no explicit or implied guarantee
that your experience will exactly match the odds published on the Site (or on other sites to which the Site is linked) due to the statistical variation in individual egg hatching outcomes versus the results expected across the entire collection. It is your responsibility to review the odds per the smart contract to determine the chances of drawing the collectibles offered for sale. We may update these Terms from time to time. Please ensure you check the Terms each time you access or use this Site. If we make material changes to these Terms, we will post the revised Terms and the revised effective date at the bottom of these Terms. Your continued use of any of the Services after the date of any such changes becoming effective constitutes your acceptance of the new Terms.
PLEASE READ THESE TERMS CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO
ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL
RIGHTS, REMEDIES, AND OBLIGATIONS.
Use of the Site
This Site, and the information which it contains, is the property of CRYPTOZOO and its
affiliates and licensors, and is protected from unauthorized copying and dissemination by United
States copyright law, trademark law, international conventions and other foreign and domestic
intellectual property laws. CRYPTOZOO is a tradename of Cryptozoo Inc. All CRYPTOZOO product names and logos are trademarks or registered trademarks of Cryptozoo Inc. All other company and product names and logos are trademarks or registered trademarks of their respective owners in certain countries.
The information contained on this Site is provided on an “as is” basis, without any knowledge as
to your specific circumstances. The Site may become unavailable due to maintenance or
malfunction of computer equipment or other reasons, and there may also be delays, omissions or inaccuracies in information contained on the Site. The information on the Site does not constitute the rendering of legal, accounting, tax or other such professional advice.
No part of the Site may be reproduced or transmitted in any form, by any means, electronic or
mechanical, including photocopying and recording, except that CRYPTOZOO authorizes you to
view, copy, download and print CRYPTOZOO documents available on this Site, provided that
you use the documents solely for noncommercial, informational purposes, that you not modify
the documents, and that you not remove copyright, trademark and other proprietary notices.
Nothing contained on this Site should be construed as granting, by implication, estoppel or
otherwise, any license or right to use this Site or any documents displayed on this Site, through
the use of framing or otherwise, except as expressly permitted by these Terms or with the prior
written permission of CRYPTOZOO.
All information, including but not limited to remarks, suggestions, ideas, graphics or other
submissions communicated to CRYPTOZOO through this Site is the exclusive property of
CRYPTOZOO. CRYPTOZOO is entitled to use any information submitted for any purpose,
submitting such information. The user acknowledges and warrants the originality of any
submission communicated to CRYPTOZOO and accepts all responsibility for its accuracy,
appropriateness and legality. Information that CRYPTOZOO publishes on this Site may contain references to products or services that are not available or approved by the appropriate regulatory authorities in your country. Such references do not imply that CRYPTOZOO intends to announce or make available such products or services to the general public or in your country.
Use of the Licensed Products
CRYPTOZOO provides the Service, by which persons can order nonfungible tokens
(“Eggs”) for personal use, where the payment is processed by a third party. When purchasing eggs, the odds of finding each type of item therein are as displayed on the egg purchase screen (or on pages of other sites to which the Site is linked). Such Eggs, tokens and items are
Licensed Products. Eggs are available only to customers in certain locations. You may not
license or use any of these Eggs if you are not in an approved location. With respect to any
violation of these terms, you agree to hold harmless, indemnify and release CRYPTOZOO from
any liability in accordance with these Terms. You must be 18 or older to buy or sell Licensed Products on the Site, regardless of any consent from your parent or guardian to use the Service. You agree to comply with all applicable national, federal, state, provincial and local laws, statutes, regulations, rules, codes, ordinances, orders or directives (“Applicable Laws”) when buying, selling and using Licensed Products.
Due to restrictions imposed by CRYPTOZOO’s third-party service providers, CRYPTOZOO
reserves the right to refuse service under the terms and conditions of this Agreement when so
required by its third-party service providers, to the fullest extent allowed by Applicable Law.
CRYPTOZOO further reserves the right, in its sole and absolute discretion, to refuse access to or use of the Service under the terms and conditions of this Agreement if CRYPTOZOO has reason to believe that your funds are subject to any dispute as to the ownership of such funds or the means by which you acquired such funds. You need a supported Web browser to access the Site and to use the Service. You acknowledge and agree that CRYPTOZOO may cease to support a given Web browser and that your continuous use of the Site and Service will require you to download a supported Web browser. You also acknowledge and agree that the performance of the Site and Service is dependent on the performance of your computer equipment, your Internet connection and telecommunications services.
You are solely responsible for all Eggs and other Licensed Products you obtain. CRYPTOZOO
shall have no liability to you or anyone else for the use, handling, transfer, loss or other
disposition of your Eggs and other Licensed Products.
You agree that you are responsible for all activities that occur on your account or through the
use of your password by yourself or by other persons. If you believe that a third party has access your password, use the password regeneration feature of the Site as soon as possible to obtain a new password. In all circumstances, you agree not to permit any third party to use or access the Service or Site through your password, and you bear all responsibility for any such access or use.
You may not use any form of unauthorized third-party software, scripts or the like, including
without limitation: automation software (bots), mods, scrapers, “userscripts,” “addons,”
“extensions”, hacks, etc., to modify, automate and/or change the purchasing process in any way
and/or for the purpose of data collection.
As a condition to your use of the Site and Service, you agree not to: (a) impersonate or
misrepresent your affiliation with any person or entity; (b) access, tamper with, or use any non-
public areas of the Site and Service or CRYPTOZOO’s computer systems; (c) attempt to probe,
scan or test the vulnerability of the Site, Service or any related system or network, or breach any
security or authentication measures used in connection with the Site, Service or any of such
systems and networks; (d) attempt to decipher, decompile, disassemble, reverse engineer or
otherwise investigate any of the software or components used to provide the Site or Service; (e)
harm or threaten to harm other users in any way or interfere with, or attempt to interfere with,
the access of any user, host or network, including, without limitation by sending a virus,
overloading, flooding, spamming or mail-bombing the Site or Service, or otherwise; (f) provide
payment information belonging to a third party; (g) use the Site or Service in an abusive way
contrary to its intended use, CRYPTOZOO’s policies and instructions, any obligation you owe
to any third party, or any Applicable Law; (h) systematically retrieve data or other content from
the Service to create or compile, directly or indirectly, in single or multiple downloads, a
collection, compilation, database, directory or the like, whether by manual methods, through the
use of bots, crawlers, or spiders or otherwise; (i) make use of the Site or Service in a manner
contrary to the terms and conditions under which third parties provide facilities and technology
necessary for the operation of the Site and Service; (j) infringe third-party intellectual property
rights when using or accessing the Site or Service; and (k) make use of, promote, link to, or
provide access to materials deemed by CRYPTOZOO, at its sole and unfettered discretion, to be offensive or cause harm to CRYPTOZOO’s reputation, including, without limitation, illegal
content and pornographic content and other content deemed by CRYPTOZOO in its sole
discretion to be offensive or injurious to CRYPTOZOO and/or the Service (such as Warez sites,
IRC bots and bittorent sites).
Your online conduct and interaction with other users of the Site and Service should be guided by
common sense and basic etiquette. CRYPTOZOO may terminate your access to the Site or
Service at any time (in CRYPTOZOO’s sole and unfettered discretion), for any conduct or
activity that CRYPTOZOO believes, in its sole and unfettered discretion, is illegal, violates the
terms of this Agreement or otherwise negatively affects the enjoyment of the Site and Service by
other users. You acknowledge that CRYPTOZOO is not required to provide you notice before
terminating your access to the Service or the Site, but it may choose to do so. You represent, warrant, covenant and agree that (a) you are not located in, and you are not a national or resident of, any country to which the United States, United Kingdom, European Union, Australia or Canada has embargoed goods and/or services of the same type as the Services (“Restricted Countries”), including, without limitation, Cuba, Iran, North Korea or Syria; and (b) you are not a person or entity, or owned by, under the control of, or affiliated with, a person or entity (i) that appears on the U.S. Office of Foreign Assets Control’s Specially Designated Nationals List, Foreign Sanctions Evaders List or Palestinian Legislative Council List; (ii) that appears on the U.S. Department of State’s Terrorist Exclusion List; (iii) that is subject to sanctions in any other country; or (iv) that is engaged in the design, development or production of nuclear, biological or chemical weapons, missiles or unmanned aerial vehicles. You are not allowed to use the Service if we identify your IP address or address of residence or use of the Service as originating from any such country.
You further represent, warrant, covenant and agree that (a) you will not use, trade, sell or
otherwise dispose of any Licensed Product from the Site or the Service in any manner that is
contrary to, or in violation of, any Applicable Law; (b) you have the full right and authority to
use the Site and the Service and to be bound by these Terms; (c) you will at all times comply
with Applicable Laws; (d) the Site and the Service are strictly for personal amusement and
entertainment purposes and uses, (e) the Site and the Service do not offer real money or an
opportunity to win real money or prizes; and (f) no money or thing of value can be won through
the Site or the Service.
Investigation and Enforcement
CRYPTOZOO will have the right to investigate and prosecute violations of any term or
provision of this Agreement or your use of the Site and Service, including without limitation
possible infringement of any intellectual property rights and possible security breaches, to the
fullest extent of the law. CRYPTOZOO may involve and cooperate with law enforcement
authorities in prosecuting users who violate this Agreement or other Applicable Law. You acknowledge that, although CRYPTOZOO has no obligation to monitor your access to or
use of the Site and Service, it has the right to do so for the purpose of operating the Site and
Service, to ensure your compliance with this Agreement, and to comply with Applicable Law or
the order or requirement of a court, administrative agency or other governmental body. You
further acknowledge that during the pendency of any investigation, CRYPTOZOO may revoke
your access to the Site or the Service.
BY ACCEPTING THESE TERMS, YOU WAIVE ALL RIGHTS NOT SPECIFICALLY SET FORTH IN THESE TERMS, AND AGREE TO HOLD CRYPTOZOO HARMLESS FROM
ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY CRYPTOZOO DURING OR
AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A
CONSEQUENCE OF INVESTIGATIONS BY EITHER CRYPTOZOO OR LAW
EULAs and Third Parties
Either CRYPTOZOO or the other entities that sell Licensed Products on this Site are primarily
responsible for fulfillment of orders, warranty, maintenance, technical and product support
services for those Licensed Products. Purchase of licenses to certain Licensed Products may also require shoppers to agree to one or more End-User License Agreements (or “EULAs”) that
include additional terms set by the product supplier, rather than by CRYPTOZOO or a payment
facilitator. You will be bound by any EULA to which you agree. CRYPTOZOO makes no express representations or warranties and disclaims all implied warranties regarding all third-party site or services. In particular, CRYPTOZOO makes no representation or warranty and disclaims all implied warranties that any service or subscription offered via third-party vendors will not change or not be suspended or terminated.
Payments and Fees
The payment facilitator is primarily responsible for facilitating payment for your purchase of a
license. When you use any third-party payment facilitator (“payment facilitator”) to make a
purchase of a license on this Site, responsibility over your purchase of such license will first be
transferred to the payment facilitator before it is delivered to you. The payment facilitator
assumes primary responsibility, with CRYPTOZOO’s assistance, for payment and payment-
related customer support. The terms between the payment facilitator and customers who utilize
CRYPTOZOO accepts no liability, and specifically disclaims all implied warranties, to complete
any transaction that cannot be cleared by its payment facilitator, whether because there are not
sufficient funds available on your credit card, issues related to identity or localization or
otherwise. CRYPTOZOO reserves its right to verify and approve any and all transactions made
by you when using the Service to ensure that they comply with this Agreement and the terms
imposed to CRYPTOZOO by third-party service providers. You expressly acknowledge and
agree that such verifications may require you to provide CRYPTOZOO with additional personal
information in order to verify and confirm your identity and to perform verifications aimed to
All monies stipulated in these Terms and in the Service are expressed in USD and may include
additional applicable taxes. Except as expressly described in these Terms, Licensed Products
offered on the Site are available for delivery worldwide, except for Restricted Countries.
Purchased Licensed Products are delivered promptly. You agree not to initiate any claim and dispute procedure with third parties regarding payment and receipt of Licensed Products. Any refunds for Licensed Products licensed to you following your instructions shall be at CRYPTOZOO’s sole, unfettered and exclusive discretion, and provided only on an exceptional basis.
DISPUTE RESOLUTION – AGREEMENT TO ARBITRATE
Dispute Resolution by Binding Arbitration; Jury Trial Waiver; Class Action Waiver.
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
If CRYPTOZOO is unable to resolve your concerns and a dispute remains between you and
CRYPTOZOO, this Section explains how the parties have agreed to, and shall, resolve it.
You and CRYPTOZOO agree to make reasonable, good faith efforts to informally resolve any
dispute before you initiate formal dispute resolution. You agree to send CRYPTOZOO a written
notice that describes the nature and basis of the claim or dispute and sets forth the relief sought. Written notice to CRYPTOZOO must be sent via postal mail to 20 Greene Street #4, New York, NY, 10013 (“Notice Address”).
FORMAL DISPUTE RESOLUTION: If CRYPTOZOO and you do not resolve the claim within
sixty (60) calendar days after the Notice is received, then your options for formal dispute
resolution depend upon your country of residence. This Section does not prevent you from
bringing your dispute to the attention of any federal, state or local government agencies that can, if the law allows, seek relief from us for you.
FOR RESIDENTS OF THE UNITED STATES and OTHER JURISDICTIONS THAT
ENFORCE BINDING ARBITRATION: YOU AND CRYPTOZOO AGREE THAT ANY
DISPUTE, CLAIM OR CONTROVERSY BETWEEN YOU AND CRYPTOZOO ARISING IN
CONNECTION WITH OR RELATING IN ANY WAY TO THESE TERMS OR TO YOUR
RELATIONSHIP WITH CRYPTOZOO AS A USER OF THE SERVICE (WHETHER BASED
IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER
LEGAL THEORY, AND WHETHER THE CLAIMS ARISE DURING OR AFTER THE
TERMINATION OF THE SERVICE) WILL BE DETERMINED BY MANDATORY
BINDING INDIVIDUAL (NOT CLASS, REPRESENTATIVE OR CONSOLIDATED
ACTION) ARBITRATION. YOU AND CRYPTOZOO FURTHER AGREE THAT THE
ARBITRATOR SHALL HAVE THE EXCLUSIVE POWER TO RULE ON HIS OR HER
OWN JURISDICTION, INCLUDING ANY OBJECTIONS WITH RESPECT TO THE
EXISTENCE, SCOPE OR VALIDITY OF THE ARBITRATION AGREEMENT OR TO THE
ARBITRABILITY OF ANY CLAIM OR COUNTERCLAIM.
Arbitration is a proceeding before a neutral arbitrator, instead of before a judge or jury.
Arbitration is less formal than a lawsuit in court, and provides more limited discovery. It follows
different rules than court proceedings, and is subject to very limited review by courts. The
arbitrator will issue a written decision and provide a statement of reasons if requested by either
party. YOU UNDERSTAND THAT YOU ARE GIVING UP THE RIGHT TO SUE IN COURT
AND TO HAVE A TRIAL BEFORE A JUDGE OR JURY. YOU AND CRYPTOZOO AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER (OR IN A REPRESENTATIVE OR CONSOLIDATED ACTION) IN ANY PURPORTED CLASS OR, REPRESENTATIVE, OR CONSOLIDATED ACTION. Unless both you and CRYPTOZOO agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding, and the arbitrator specifically does not have the power to alter this. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If a court decides that Applicable Law precludes enforcement of any of this Section’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court. Either you or we may start arbitration proceedings. If you start an arbitration proceeding against
CRYPTOZOO, you agree that you will be responsible for at least half of the cost of the
arbitration (and perhaps more in accordance with the arbitrator’s ruling). Any arbitration
between you and CRYPTOZOO will be administered at the Judicial Arbitration and Mediation Services, Inc. (“JAMS”) under its Comprehensive Arbitration Rules and Procedures (collectively, the “Rules and Procedures”), as modified by this Arbitration Agreement, or, if JAMS is no longer exists or is unable to participate, such other arbitration forum selected by CRYPTOZOO. The language to be used in the arbitral proceeding shall be English. For more information on the ICC, the Rules and Procedures, or the process for filing an arbitration claim, you may visit the JAMS website at https://www.jamsadr.com/. Unless CRYPTOZOO expressly agrees in writing to the contrary, the parties shall keep confidential all awards and orders in any arbitration pursuant to this section, as well as all materials in the arbitral proceedings created for the purpose of the arbitration and all other documents produced by another party in the arbitral proceedings not otherwise in the public domain; provided that the foregoing shall not prevent either party from making any disclosure of such to the extent that disclosure is required of a party by a legal duty, to protect or to pursue a legal right, or to enforce or challenge an award in legal proceedings before the appropriate court or other judicial authority. You and CRYPTOZOO agree that the US Federal Arbitration Act applies and governs the interpretation and enforcement of this provision, to the extent applicable.
The seat and venue of the arbitration is the state of Delaware. The arbitration will be conducted before one commercial arbitrator from JAMS with substantial experience in resolving commercial contract disputes. As modified by these Terms, and unless otherwise agreed upon by the parties in writing, the arbitration will be governed by the Rules and Procedures. The dispute will be resolved by the submission of documents without a hearing, unless a hearing is requested by a party or deemed to be necessary by the arbitrator, in which case, a party may elect to participate telephonically. The arbitrator shall make a decision in writing, and shall provide a statement of reasons if requested by either party. The arbitrator must follow
Applicable Law, and any award may be challenged if the arbitrator fails to do so. You and
CRYPTOZOO may litigate in court to compel arbitration, to stay proceeding pending
arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the
Nothing in this Section removes or limits CRYPTOZOO’s liability for fraud, fraudulent
misrepresentation, death or personal injury caused by its negligence, and, if required by
Applicable Law, gross negligence. Additionally, notwithstanding this agreement to arbitrate,
claims for infringement or misappropriation of the other party’s patent, copyright, trademark,
trade secret or other intellectual property rights shall not be subject to arbitration under this
Section. You or CRYPTOZOO may seek emergency equitable relief before a court located in the
State of Delaware in order to maintain the status quo pending arbitration and you agree to submit to the exclusive personal jurisdiction of the courts located within the state of Delaware for such purpose. A request for interim measures shall not be deemed to be a waiver of the right to
Arbitrate. FOR RESIDENTS OF THE EUROPEAN UNION AND OTHER JURISDICTIONS THAT DO NOT ENFORCE THE BINDING ARBITRATION REQUIRED ABOVE: Any non-arbitrable disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of the state of Delaware. If you start an arbitration proceeding against CRYPTOZOO, you agree that you will be responsible for at least half of the cost of the arbitration (and perhaps more in accordance with the arbitrator’s ruling).
This Section will survive termination of your account and these Terms as well as any voluntary
payment of any debt in full by you or any bankruptcy by you or CRYPTOZOO. With the
exception of any provision of this Section prohibiting arbitration on a class or collective basis, if
any part of this arbitration provision is deemed to be invalid, unenforceable, or illegal, or
otherwise conflicts with the Rules and Procedures, then the balance of this arbitration provision
will remain in effect and will be construed in accordance with its terms as if the invalid,
unenforceable, illegal or conflicting part was not contained herein. If, however, any provision of
this Section prohibiting arbitration on a class or collective basis is found to be invalid,
unenforceable, or illegal, then the entirety of this arbitration provision will be null and void, and
neither you nor CRYPTOZOO will be entitled to arbitration.
YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATING TO THE
SERVICE OR THESE TERMS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH
CLAIM OR CAUSE OF ACTION AROSE OR IT WILL BE FOREVER BARRED.
You agree that you are solely responsible for your interactions with any other user in connection
with the Service and CRYPTOZOO will have no liability or responsibility with respect thereto.
We reserve the right, but have no obligation, to become involved in any way with disputes
between you and any other user of the Service.
These Terms will be governed by the laws, restrictions, regulations and rules of the state of Delaware without regard to its conflict of law provisions. With respect to any disputes or claims
that do not fall within the agreement to arbitrate, set out above, you and CRYPTOZOO agree to
submit to the personal and exclusive jurisdiction of the state of Delaware. The failure of
CRYPTOZOO to exercise or enforce any right or provision of these Terms will not constitute a
waiver of such right or provision. If any provision of these Terms is found by a court of
competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. A printed version of these Terms and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign these Terms without the prior written consent of CRYPTOZOO, but CRYPTOZOO may assign or transfer these Terms, in whole or in part, without restriction. The section titles in these Terms are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail or other electronic service (as described in Communication Services above). You agree that no joint venture, partnership, employment, or agency relationship exists between you and CRYPTOZOO as a result of these Terms or your use of the Service. CRYPTOZOO’s performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of CRYPTOZOO’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Service or information provided to or gathered by CRYPTOZOO with respect to such use.
Unless otherwise specified herein, these Terms constitute the entire agreement between the user and CRYPTOZOO with respect to the Service and these Terms supersede all prior or
contemporaneous communications and proposals, whether electronic, oral or written, between
the user and CRYPTOZOO with respect to the Service, except for any Terms of Token Sale or
related documentation into which you have entered with CRYPTOZOO. A printed version of
these Terms and of any notice given in electronic form shall be admissible in judicial or
administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that these Terms and all related documents be written in English.
CRYPTOZOO reserves the right to temporarily or permanently discontinue the Site or Service,
or your access thereto, at any time. CRYPTOZOO will deploy commercially reasonable efforts
to notify you of such discontinuation, for example, by posting updates and notices on various
social media. If you are blocked by us from accessing the Service (including, without limitation,
by blocking your IP address), you agree not to implement any measures to circumvent such
blocking (e.g., by masking your IP address or using a proxy IP address).
All right, title, and interest in and to the Service are and will remain the exclusive property of
CRYPTOZOO and, to the extent applicable, third parties providing facilities and technology for
its operation. All right, title, and interest in and to the Licensed Products, licenses to which you
purchase on the Site, are and will remain the exclusive property of the licensor. The Site, Service and Licensed Products are protected by copyright, trademark and other domestic and foreign laws concerning intellectual property. Except as expressly permitted in this Agreement, you may not reproduce, modify or create derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the Site, Service or any Licensed Product. You acknowledge and agree that, notwithstanding anything to the contrary in these Terms, you shall have no ownership or other property interest in the Site or to the Services or any Licensed Product.
CRYPTOZOO grants you the personal, non-transferable, non-exclusive, revocable and limited
right to access and use the Site and Service, and any Licensed Product the license for which you purchase on the Site, solely for your own personal amusement and entertainment purposes and uses as an individual consumer. This right to access confers no title or ownership in the Site, Service or Licensed Product. Except as otherwise provided by this Agreement, you may not use the Site or Service for any purpose other than your permitted access to the Site and Service, to make personal, non- commercial use of the Site and Service. Except as otherwise permitted under this Agreement, or under Applicable Law notwithstanding these restrictions, you may not, in whole or in part, copy, photocopy, reproduce, publish, distribute, translate, reverse engineer, derive source code from, modify, disassemble, decompile, create derivative works based on, or remove any proprietary notices or labels from the Site, the Service, any software accessed via the Site or any Licensed Product without the prior written consent of CRYPTOZOO or in a manner that violates Applicable Law.
You are not entitled to: (i) sell, grant a security interest in or transfer reproductions of the
Service or any License Product to other parties in any way, nor to rent, lease or license the
Service or any Licensed Product to others without the prior written consent of CRYPTOZOO,
except to the extent expressly permitted elsewhere in this Agreement; (ii) host or provide
matchmaking services for the Service or emulate or redirect the communication protocols used
by CRYPTOZOO in any network feature of the Service, through protocol emulation, tunneling,
modifying or adding components to the Service, use of a utility program or any other techniques
now known or hereafter developed, for any purpose including, but not limited to network play
over the Internet, network play utilizing commercial or non-commercial gaming networks or as
part of content aggregation networks, websites, or services, without the prior written consent of
CRYPTOZOO; or (iii) exploit the Service or any of its parts, or any Licensed Product, for any
commercial purpose, except as expressly permitted elsewhere in this Agreement.
Disclaimer of Warranty and Limitation of Liability TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, CRYPTOZOO MAKES NO WARRANTY OR REPRESENTATION AND SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES REGARDING THE SITE AND SERVICE, INCLUDING THAT THE SITE AND SERVICE WILL MEET YOUR REQUIREMENTS OR WILL WORK IN COMBINATION WITH ANY HARDWARE OR SOFTWARE PROVIDED BY THIRD PARTIES, THAT THE SITE AND SERVICE WILL BE UNINTERRUPTED, WITHOUT
PROBLEMS OR ERROR FREE, OR THAT ALL ERRORS IN THE SITE AND SERVICE
WILL BE CORRECTED, AND THE IMPLIED WARRANTIES OF MERCHANTABILITY,
NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. CRYPTOZOO
PROVIDES THE SITE AND SERVICE “AS IS,” “AS AVAILABLE,” AND “WITH ALL
FAULTS.” YOU USE THE SITE AND SERVICE AT YOUR OWN RISK, AND THE SITE AND
SERVICE MAY BE TERMINATED AT ANY TIME BY CRYPTOZOO OR THIRD PARTIES
PROVIDING FACILITIES AND TECHNOLOGY FOR ITS OPERATION. CRYPTOZOO
DOES NOT ENCOURAGE, CONDONE OR PROMOTE THE COMMERCIAL USE OF THE
SITE OR SERVICE.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL
CRYPTOZOO AND ITS SUPPLIERS OR LICENSORS HAVE ANY LIABILITY,
WHETHER BASED IN CONTRACT, DELICT OR TORT (INCLUDING NEGLIGENCE),
OR STRICT LIABILITY, FOR INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL
OR PUNITIVE DAMAGES OF ANY KIND, OR FOR LOSS OF REVENUE OR PROFITS,
LOSS OF BUSINESS OR GOODWILL, LOSS OR CORRUPTION OF, OR
UNAUTHORIZED ACCESS TO, OR DISCLOSURE OF INFORMATION OR DATA, OR
LOSS OF ANY UNREALIZED SAVINGS OR EXPECTED BENEFIT, OR OTHER
FINANCIAL LOSS ARISING OUT OF OR IN CONNECTION WITH THE USE,
PERFORMANCE, FAILURE OR INTERRUPTION OF THE SITE AND SERVICE,
WHETHER FORESEEABLE OR NOT, AND EVEN IF CRYPTOZOO HAD BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND CRYPTOZOO DISCLAIMS
ALL SUCH DAMAGES TO THE MAXIMUM EXTENT ALLOWED BY LAW. IF
CRYPTOZOO IS FOUND LIABLE TO PAY YOU ANY DAMAGES, INCLUDING
REIMBURSEMENT OF EXPENSES LIKE ATTORNEYS’ FEES, CRYPTOZOO’S TOTAL
CUMULATIVE LIABILITY TO YOU UNDER THIS AGREEMENT SHALL NOT EXCEED
$100. THE ABOVE LIMITATIONS OF LIABILITY WILL NOT BE AFFECTED IF ANY
REMEDY PROVIDED HEREIN SHALL FAIL ITS ESSENTIAL PURPOSE.
Indemnification and Release
You agree to defend, indemnify and hold harmless CRYPTOZOO, its affiliates and its and their
and agents, from and against all Claims (as defined below) arising out of or in any way connected with your access to or use of the Site or the Service or your violation of these Terms,
the rights of any third party or any Applicable Law. “Claim” includes, without limitation, any
past, present, or future actions, causes of action, demands, assertions of rights, costs, demands, expenses, injuries, judgments, losses suits, damages and attorneys’ fees and other costs of defense, of any kind or nature whatsoever, whether in tort, contract, pursuant to statute, at law or equity or otherwise, whether direct or indirect, contingent or absolute, and whether known, foreseeable, liquidated, anticipated or suspected. To the maximum extent permitted by law, and except as expressly provided herein, you, on behalf of yourself and on behalf of your past, present and future successors, predecessors, assigns, heirs, affiliates, agents, insurers, representatives, and any individual, person, organization, entity, corporation or representative who or which acquires or succeeds to your rights and responsibilities, absolutely, unconditionally and irrevocably forever release and discharge (and covenant not to sue) CRYPTOZOO, together with all of CRYPTOZOO’s and its affiliates’ past, present and future successors, predecessors and assigns, and all of its and their shareholders, parent companies, subsidiaries, affiliates, insurers, representatives, officers, directors and employees, from any and all Claims arising out of or in any way related to your use or inability to access and/or use the Site or the Service.
Applicable Law; Jurisdiction
These Terms and all Disputes (as defined below) are governed by and will be construed and
enforced in accordance with the internal laws of the state of Delaware without regard to choice-
of-law rules. “Dispute” is a controversy, disagreement or claim between the parties with respect
to, arising out of, or relating to these Terms in any manner whatsoever, whether in contract or
tort, or whether legal or equitable. Any non-arbitrable Disputes shall be subject to the exclusive
jurisdiction of the courts of the state of Delaware, which shall be the exclusive and mandatory
venue and forum for any and all Disputes. You expressly, knowingly and voluntarily consent to
the personal jurisdiction and to the exclusive jurisdiction of the state of Delaware and its courts,
and you waive any objection based on lack of personal jurisdiction, improper venue or forum
Notice for California Users
Under California Civil Code Section 1789.3, users of the Service from California USA are
entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the
Division of Consumer Services of the California Department of Consumer Affairs may be
contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by
This Agreement is the entire and exclusive agreement between CRYPTOZOO and you regarding the Service, and this Agreement supersedes and replaces any prior agreements or understandings between CRYPTOZOO and you regarding the Site and Service. If a particular provision of this Agreement is held to be invalid by a court of competent jurisdiction, the provision shall be deemed to be severed from this Agreement and shall not affect
the validity of this Agreement as a whole, which shall remain in full force and effect.
You shall not assign or otherwise transfer this Agreement or any of your rights or obligations
under these Terms to any third party without the prior written consent of CRYPTOZOO, which
consent is within CRYPTOZOO’s sole and unfettered discretion. No assignment or delegation
by you shall relieve or release you from any of your obligations under this Agreement. Subject
to the foregoing, this Agreement shall be binding upon, inure to the benefit of, and be
enforceable by each of the parties to these Terms and their respective successors and permitted assigns. CRYPTOZOO shall be allowed to assign this Agreement to any third party without requiring your consent. Nothing in this Agreement shall constitute a partnership or joint venture between you and CRYPTOZOO. The failure of CRYPTOZOO to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement or any party to these Terms by CRYPTOZOO must be in writing and signed by an authorized representative of CRYPTOZOO.
If you have any concern, question or complaint regarding this Agreement, please contact
CRYPTOZOO at 20 Greene Street, #4, New York, NY 10013. CRYPTOZOO is a tradename of Cryptozoo Inc.
Date of Last Revision: August 30, 2021
We have many things in the future for those who are involved in the Zoo movement! Thank you so much for visiting our terms and conditions and if you have any questions feel free to reach out to us in our Telegram group or on Discord.
"CryptoZoo" refers to both the original drop of 10,000 eggs (“egg drop”), future egg drops, the base NFT animals that result from users hatching the original eggs, the hybrid NFT animals that result from users breeding 2 base NFT animals, and the ecosystem in which all of the NFTs may be bought, sold, exchanged, or utilized.
"First egg drop" when specifically mentioned, refers only to the initial distribution of 10,000 eggs scheduled to begin on September 1, 2021.
“CryptoZoo NFT” is defined as any individual art, design, photograph, 2D drawings or 3D models that may be associated with a CryptoZoo NFT that you own.
“Own” is defined as possession of a CryptoZoo NFT in your BSC wallet, Ethereum wallet, or other wallet (“crypto wallet”), where proof of such possession is recorded on the blockchain.
"Image" is defined as individual PNG/GIF/JPEG and underlying files containing all proprietary CryptoZoo traits.
"Features" are defined as the distinguishing characteristics and proprietary individually layered art files associated with each CryptoZoo NFT. For example “head” and “body” are features.
- What We Own
The name and Intellectual Property involved in the CryptoZoo Project (“CryptoZoo”) is owned by our team. All rights that are not specifically granted to the users and owners of CryptoZoo below are reserved by the team or potential future decentralized autonomous organization. This includes but is not limited to the intellectual property rights surrounding the “CryptoZoo” names, logos, 3d layer files, trademarks, the website, the look and feel of the user interface, the smart contract code, or anything else not specifically granted by any following licenses.
- You Own Your CryptoZoo
By holding a CryptoZoo NFT in your crypto wallet, you gain full and complete ownership of your NFT as well as the opportunity to utilize this NFT in minting or receiving subsequent opportunities available only to CryptoZoo holders.
All NFTs ownership is verified cryptographically on the Ethereum Blockchain. This is proof of ownership and grants rights within this document. Once the NFT leaves ownership, all Personal and Commercial use terms are revoked.
- Personal Use:
Subject to compliance with these terms, CryptoZoo grants you a royalty-free license to use, copy, display, and modify the CryptoZoo NFTs that you own for CryptoZoo NFT Art. This usage is granted world-wide.
This usage is for the limited purposes of:
Personal and Non-Commercial Use
Display and usage of your NFT on External Websites
Ability to Buy, Sell, and Trade your NFT
- Commercial and Derivative Rights
Use of the CryptoZoo NFT Licensed Materials must be in full and in their entirety. CryptoZoo expressly prohibits the use of any proprietary, individual traits or crafted layers in any and all other projects. CryptoZoo also prohibits the sale or promotion of counterfeit NFTs or NFT collections. Counterfeit NFTs or collections contain art that is identical to or substantially indistinguishable from the original CryptoZoo collection, including:
NFTs described as knock off, replica, imitation, clone, faux, fake, mirror image, or similar terms when referring to an NFT or NFT Collection in an attempt to pass themselves off as genuine CryptoZoo creations.
Non-genuine products that mimic CryptoZoo features or proprietary traits in an attempt to pass themselves off as genuine CryptoZoo creations.
However, user shall not use any CryptoZoo Licensed Materials in any way, or in connection with any material, which is unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive or otherwise objectionable or unreasonable or infringing upon any laws or regulations or intellectual property rights or proprietary rights or confidentiality obligations and you shall indemnify and defend CryptoZoo against any claims, damages, proceedings, loss or costs arising from such use. User shall not use the CryptoZoo Licensed Materials in any way that could be construed as being adverse or derogatory to the image of CryptoZoo or any of its subjects.
- Adjusting or Delisting CryptoZoo Assets
CryptoZoo NFTs may offer the ability to change the Name and Description on-chain in exchange for $ZOO token. These changes are then visible on CryptoZoo. In the event that you change the name or description of any CryptoZoo to reflect pornography, hate speech, or other language that the community deems out of line it may be hidden from our website and api or be changed as we reserve the right to protect the integrity of our project.
- Future Projects
By holding a CryptoZoo NFT, you will have the opportunity to participate in a variety of future opportunities. Holding a CryptoZoo NFT is not required to participate in the Egg Hunt.
- CryptoZoo are NOT Investment Vehicles
CryptoZoo are collectible digital art pieces that also function as fun, Non-Fungible Tokens for you to collect. They were created as art pieces intended for people to enjoy by collecting, not as a financial instrument. CryptoZoo makes absolutely no promises or guarantees regarding the value of CryptoZoo NFTs aside from the one that we will strive to do the best for the project and the community.
You are entirely and solely responsible for any tax liability which may arise from minting, selling or owning your CryptoZoo NFTs.
The CryptoZoo project is not targeted towards children. You agree that you are over the age of 18, or above the legal age of your jurisdiction, whichever is greater.
These Terms are Subject to Change
We may revise these Terms from time to time, but the most current version will always be on CryptoZoo.co/terms. You are responsible for reviewing and becoming familiar with any such modifications. Revisions deemed material, in the sole discretion of CryptoZoo, will include a notification via Twitter or Discord. By continuing to access the CryptoZoo website and by holding a CryptoZoo NFT, you agree to be bound by the current Terms.