Terms of Service

Terms of Use


IMPORTANT!!! THESE TERMS OF USE CONSTITUTE A LEGALLY BINDING

AGREEMENT BETWEEN YOU AND CRYPTOZOO.


Thank you for visiting the “www.cryptozoo.co” website (the “Site”). Cryptozoo (“CRYPTOZOO”, “we”, “us” or “our”) provides the Site, products and services (collectively, the “Service”) to you, subject to the following terms of use (“Terms” or this “Agreement”). If you do not agree with these Terms, you must cease your use of this Site, and you may not use any of the products and services available through the Site and Service (collectively, “Licensed Products”) or the Service.


READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING AND/OR USING

THE SERVICE OR ANY LICENSED PRODUCTS. IF YOU ACCESS OR USE THE

SERVICE OR ANY LICENSED PRODUCTS, YOU ARE DEEMED TO HAVE

UNCONDITIONALLY ACCEPTED, AND WILL BE BOUND BY, THESE TERMS OF USE.

YOU ARE NOT AUTHORIZED TO ACCESS AND/OR USE THE SERVICE OR ANY

LICENSED PRODUCTS IF YOU DO NOT AGREE TO THESE TERMS OF USE. THESE

TERMS OF USE REPRESENT THE COMPLETE AGREEMENT BETWEEN YOU AND

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

BOUND BY THESE TERMS OF USE EVEN IF YOU, WHEN ACCESSING OR USING THE

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.


Your personal information will be used in accordance with our Privacy Policy. No one at CRYPTOZOO is authorized to modify these Terms with you or otherwise enter into an agreement with you that conflicts with these Terms, except by means of a written agreement signed by an authorized agent of CRYPTOZOO or as described above in these Terms, and any other purported modifications or alterations or conflicting terms will be null and void.


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,

without restriction (except as stated in our Privacy Policy) or compensation to the person

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.


Your Responsibilities

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

ENFORCEMENT AUTHORITIES.


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

the services offered by the payment facilitator are governed by separate agreements and are not subject to the Terms on this Site. For purchases of licenses to Licensed Products made through a payment facilitator, the privacy policy of the payment facilitator shall apply to all payments and should be reviewed before making any such purchase. You are responsible for any fees, taxes or other costs associated with such purchase and delivery of your Licensed Product(s) resulting from charges imposed by your relationship with payment services providers or the duties and taxes imposed by your local customs officials or other regulatory body. Any separate charges or obligations you incur in your dealings with other third-party service providers are your responsibility.


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

deter fraud and misuse of the Service, in compliance with CRYPTOZOO’s Privacy Policy.

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

Arbitrator.


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.


User Disputes

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.


General

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.


Termination

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).


Proprietary Rights

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

non conveniens.


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

telephone at (916) 445-1254 or (800) 952-5210. You may contact us at CRYPTOZOO at 20 Greene Street, #4, New York, NY 10013. If you are a California resident, you may have certain rights with respect to your personal information including the following rights: the right to know, by way of our Privacy Policy and any specific inquiries you direct to us, where personal information we have about you comes from, what we use that information for,whether it is being disclosed or sold, and to whom it is being disclosed or sold; the right to “opt-out” of CRYPTOZOO’s sale of your personal information to any third parties; the right, with some exceptions, to have your personal information deleted from CRYPTOZOO’s possession or control; and the right to receive equal service and pricing from CRYPTOZOO even if you exercise any of your privacy rights.


General Provisions

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.


Contact

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









Additional Terms

August 2021


  1. Introduction

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.


  1. Definitions

"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.


  1. 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.


  1. 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.


  1. 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


  1. 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.


  1. 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.


  1. 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.


  1. 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.


  1. Taxes

You are entirely and solely responsible for any tax liability which may arise from minting, selling or owning your CryptoZoo NFTs.


  1. Children

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.