TERMS OF USE

CryptoStars Terms of Service

FreeSparrow, LLC (“FreeSparrow,” “we,” or “us”) is the owner and operator of the Crypto Star Registry website and subdomains (the “Sites”) which host the CryptoStars distributed application running on the Ethereum network. CryptoStars utilizes ERC721 standard non-fungible Ethereum tokens via smart contracts (collectively known as “Smart Contracts”) which allow users to buy, sell, collect, and own cosmic assets (such as the Earth, the Sun, Halley's Comet, etc.) as Smart Contracts on the Ethereum blockchain. Throughout these Terms of Service, the Smart Contracts and the Sites hosting CryptoStars will be known as the “DApp.” These Terms of Service are a legally binding agreement between you and us, and govern your use of the Sites, your purchase and ownership of Smart Contracts, and your use of the DApp. You must agree to these Terms of Service prior to using the Sites, purchasing Smart Contracts or using the DApp, and by using the Sites, purchasing Smart Contracts or using the DApp, you hereby confirm that you have read, understand and accept these Terms of Service. If you are using the Sites, purchasing Smart Contracts or using the DApp on behalf of another person or legal entity, you indicate that you have the legal authority to accept these Terms of Service on the other person or legal entity's behalf. If you do not have the legal authority to accept these Terms of Service on the other person or legal entity's behalf, then you are not permitted to use the Sites, purchase Smart Contracts or use the DApp.

We Are Not Liable for Any Lost Funds or Deposits

The DApp is designed solely as a user interface for accessing and interacting with the Ethereum blockchain network via smart contracts. In addition, you must install MetaMask, a web browser extension available at https://metamask.io/, to use the DApp.

Neither we nor the DApp accept or hold any user deposits or funds, as all transfers are performed via MetaMask directly to the smart contract address appearing on the Crypto Star Registry website. You have full ownership and control of any funds or deposits you make into MetaMask, and the DApp has no access to those funds at any time. All transfers of cryptocurrency happen between MetaMask and the smart contract. Since neither we nor the DApp accept or hold any user deposits or funds, have no access to any deposits into MetaMask, and have no ownership or control of those funds or how they are transferred between MetaMask and the Ethereum Network, you agree and accept that neither we nor the DApp shall be held liable for any damages you incur as a result of lost funds while using the Sites, purchasing Smart Contracts or using the DApp.

We Are Not Liable If You Are Unable to Sell Your Digital Cosmic Assets

The DApp allows you to buy and collect digital cosmic assets represented by Smart Contracts using virtual currency and is designed for users who wish to collect and hold onto these digital cosmic assets forever. There is no guarantee that any other users of the DApp will want to purchase any of the digital cosmic assets that you have collected, and by transferring virtual currency in exchange for any Smart Contracts, you understand and accept the risk that you may never be able to sell those Smart Contracts. Any speculation over the future value or liquidity of any Smart Contracts you purchase must be done at your own risk and you agree and accept that neither we nor the DApp shall be held liable for any damages you incur because of being unable to sell any of the cosmic digital assets that you purchase with the DApp.

Digital Cosmic Assets Are Merely Smart Contracts

All digital cosmic assets available to purchase and collect via the DApp are nothing more than Smart Contracts on the Ethereum blockchain network. Although the Smart Contracts have been named after objects that exist in the cosmos, the Smart Contracts themselves only exist on the Ethereum blockchain network. We reserve the right to release new Smart Contracts representing digital cosmic assets as we see fit. You and other users may purchase Smart Contracts available in the DApp, and users may purchase Smart Contracts from one another if they are willing to pay a higher sum (which is hard-coded into the Smart Contracts themselves and cannot be changed). As a result, as long as a user is willing to pay the higher sum that is hard-coded into the Smart Contract for another user's Smart Contract, there is no way to prohibit the transaction from taking place. In other words, you may purchase any other user's Smart Contracts and any other user may purchase your Smart Contracts as long as the higher sum is paid. Once the transaction is complete, the user who paid the higher sum becomes the sole owner of the digital cosmic asset and the former owner loses any and all ownership rights.

Using the DApp

The DApp requires a Google Chrome or Firefox web browser with the MetaMask browser extension installed. Additional information about MetaMask is available at https://metamask.io/. You must be using the correct browser with the MetaMask extension installed to use the DApp. You must also provide accurate and complete registration information when you create an account to utilize the DApp. All transactions in the DApp occur on the Ethereum blockchain network, meaning that your public Ethereum address will be visible to other users of the DApp as well as third parties each and every time you engage in a transaction on the DApp.

Limitation of Liability for Third-Party Products, Sites and Services

We neither own nor control any of the following third-party products required to use the DApp: MetaMask, Coinbase, Google Chrome, Mozilla Firefox, or the Ethereum network. We also do not own or control any other third-party site, product or service that you may choose to access, visit, or use for the purpose of interacting with or using the DApp. You agree and accept that we are not liable, and shall not be held liable, for any damages you incur due to the acts or omissions of any third-party products required to use the DApp or any third-party site, product or service that you may choose to access, visit, or use for the purpose of interacting with or using the DApp. You are solely responsible for the safety and security of your MetaMask wallet and/or any other electronic wallet you utilize to interact with the DApp. You are solely responsible for the safety and security of your account with us. If you become aware of security breach regarding your password or your account, you agree to notify us immediately upon discovery at hello@cryptostarregistry.com.

Fees and Payments

If you choose to purchase any digital cosmic assets using the DApp, all transfers of cryptocurrency related to the purchase happen between MetaMask and the smart contract. Since neither we nor the DApp accept or hold any user deposits or funds, have no access to any deposits into MetaMask, and have no ownership or control of those funds or how they are transferred between MetaMask and the Ethereum Network, you agree and accept that neither we nor the DApp shall be held liable for any claims or damages that may occur due to any transaction that takes place on the DApp and/or in regards to any of the Smart Contracts that we have created. The Ethereum blockchain network requires that you pay a transaction fee, commonly known as “Gas”, for every transaction that occurs. Gas is intended to fund the hardware and software that runs the Ethereum blockchain network, as well as to prevent misuse and spam. In addition to the Gas charged by Ethereum, the DApp's smart contract keeps a 1-5% commission fee on every transaction conducted through it. Neither we nor the DApp have access to or control over these fees, as it is handled directly on the Ethereum blockchain network. We also do not accept any form of payment on any of our Sites.

Ownership Rights

By using this DApp, you acknowledge and agree that we and/or our licensees own all legal rights, titles, and interests in and to all elements of the DApp, including all intellectual property. This includes, but is not limited to: graphics, designs, information, systems, computer code, software, services, organization, content, compilation of content, data, design, and all other elements of the DApp. We retain complete and full ownership of all these elements, as well as any other element related to the DApp not listed in these Terms of Service. Every one of these elements is owned by us, and protected by copyright, trade, dress, patent, trademark laws, international conventions, and every other applicable property and proprietary rights laws. Your use of the DApp does not grant you ownership of or any rights to the content, code, data, or other materials you may use and see while using the DApp or on the Sites. Your ownership of a digital cosmic asset Smart Contract does not grant you any rights related to the cosmic object it represents. If you submit any comments, bug reports, ideas, or any other type of feedback regarding the DApp to us, you agree that we are free to utilize that information and those ideas in any way we see fit without any compensation to you. We are free to disclose that information and those ideas to any third party we deem necessary. By submitting any comments, bug reports, ideas, or any other type of feedback, you grant us a perpetual, irrevocable license to those contents and/or ideas, and we immediately retain complete rights to any such information, content, and/or ideas.

Code of Conduct

By using the DApp and the Sites, you agree that you are completely and unequivocally responsible for your conduct during such use, as well as any repercussions or consequences to you that occur because of said conduct. By using the DApp and the Sites, you agree that you will abide by these Terms of Service, all applicable laws and regulations, and that you will only use the DApp and the Sites for legal and proper purposes. In addition to this, you are not allowed to, and may not permit any third party to, upload or distribute any unlawful, defamatory, abusive, fraudulent, obscene, or otherwise objectionable content; distribute viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other items of a damaging or dishonest nature; impersonate another person in any way, shape, or form; upload, post, transmit or otherwise make available through the DApp any content that infringes on the intellectual proprietary rights of any party, including us, any third party associated with us, and any user of the DApp and the Sites; use the DApp to violate the legal rights of others or to engage in, promote, or encourage any type of illegal activity; use the DApp for any unauthorized commercial purpose, or modify, adapt, translate, or reverse engineer any portion of the DApp for any personal or commercial purposes; reformat or frame any portion of the DApp, including removing any copyright, trademark or other proprietary rights notices contained in or on the DApp; display any content on the DApp that contains any hate-related or violent content; use any robot, spider, or other device or program to compile or index any portion of the DApp or the content posted on the DApp, or to collect information about its users for any purpose; create user accounts by automated means or under false or fraudulent pretenses; or access or use the DApp for the purpose of creating a product or service that is competitive with any of our products or services.

Termination

You may only terminate these Terms of Service by cancelling your account on the DApp and discontinuing all use of, or access to, the DApp. If you choose to cancel your account, you will not receive any refunds for any transactions made in the DApp or for any fees collected by us. By using this DApp, you agree that we have the right to terminate these Terms of Service and cancel or suspend your account for any reason we deem necessary. You also agree that we are not required to provide you with any advanced notice of any suspension or termination of your account, and that we are not liable to you or any other third party for any damages or consequences caused by the suspension or termination of your account. If we decide to suspend or terminate your account or restrict your access to your account or the DApp due to suspected fraud, abuse, or illegal activity on your part, then we may also take any and all actions allowed by law. If your account is suspended or terminated by us or by your choice, you will no longer have access to information that you have posted on the DApp or any information that is related to your account. In both events, whether we terminate or suspend your account, or you choose to terminate your account, you acknowledge and agree that we are under no obligation to maintain any of your information in our databases, nor are we obligated to forward any of that information to you or to any third party, subject to any limitations in our Privacy Policy.

Disclaimer and Warranties

By using this DApp, you understand and agree that your access to and use of this DApp is at your own risk. You acknowledge and accept that this DApp is provided on an as-is and as-available basis, and that we make no express or implied warranty regarding this DApp or access to this DApp. We, and any party associated with us, make no warranty and disclaim all implied warranties regarding the DApp, including the Sites and Smart Contracts. This includes any implied warranty regarding product value, fitness for a specific purpose, non-infringement, correctness, and/or reliability. Neither us nor any of our subsidiaries or affiliates guarantee or warrant that your access or use of the DApp will meet your requirements and/or expectations; your access to the DApp or Sites will be uninterrupted, free from error, or secure; or, that any data represented in the content, services, or features are accurate and/or free of viruses or other harmful content or components.

Limitation of Liability

By using the DApp and the Sites, you understand and agree that neither we nor any of our subsidiaries or affiliates are liable to you or any other third party for any indirect, incidental, consequential, or exemplary damages that you may incur, no matter how those damages occurred. We and our subsidiaries and affiliates are also not responsible for any financial loss, loss of goodwill, loss of business reputation, loss of personal reputation, cost of purchasing any substitute goods or services, or any other potential intangible losses, even if we had previous knowledge that there was a risk of damages and/or losses. By using the DApp and the Sites, you agree that our total liability to you for all claims arising out of or relating to these Terms of Service or your access to or use of the DApp and the Sites is limited to the sum of one-hundred U.S. dollars ($100.00). By using the DApp and the Sites, you understand and agree that we have made this DApp available to you and entered into these Terms of Service with you as a way to provide the DApp to you. You agree that the limitations of liability outlined in these Terms of Service reflect a reasonable and fair allocation of risk between us and you.

Indemnification

By using the DApp, you agree to hold us harmless and to indemnify us and any of our subsidiaries and affiliates, as well as any of our officers, agents, employees, advertisers, suppliers, or licensors, from and against any claim, liability, loss, actual damage, and consequential damage of any kind or nature, including suits, judgements, litigation costs, and attorneys' fees that occur or arise due to your breach of these Terms of Service and/or your violation of any applicable laws, rules, and regulations.

Third-Party Sites and Services

In some cases, this DApp and this Sites may contain hyperlinks to other websites and/or resources as a convenience to you and our other users. We have no control over the safety of or content found on these sites. You acknowledge and agree that we are not responsible for the availability of any links to external sites, and that we do not endorse the advertisements on the sites, the products or services made available on those sites, or any other materials found on those sites. You acknowledge and agree that we are not liable for any loss or damage that may be incurred by you or any third party as the result of the availability or lack of availability of these sites, including any reliance placed by you upon the need for those sites and/or for those sites' completeness and/or accuracy.

Changes to these Terms of Service

As we deem necessary, we may make changes to these Terms of Service. When we make these changes, the updated Terms of Service will be available on the DApp and the Sites and feature a “Last Updated” date. It is your responsibility to check these Terms of Service periodically for any changes. Your continued access to the DApp and the Sites will constitute your binding acceptance of the updates. All changes made to the Terms of Service are effective on the date that they are made.

Changes to the DApp

By using the DApp and the Sites, you understand and agree that any part of the DApp or the Sites may change at any time without any prior notice to you. We can and will add new features and alter aspects of the DApp and the Sites at any time without notice.

Children

By using the DApp and the Sites, you affirm that you are over the age of 18. The DApp and the Sites are not intended for use by any child under the age of 18.

General

These Terms of Service constitute the entire legal agreement between you and us and govern your access to and use of the DApp and the Sites. They replace any prior agreements between you and us related to your access to or use of the DApp and the Sites, whether oral or written. There are no third-party beneficiaries to these terms; any third party is an independent contractor, and these Terms of Service do not form any agency, partnership, or joint venture. You understand and agree that the language in these Terms of Service should and will be interpreted as to its fair meaning, and not strictly for or against any party. You may not assign any of your rights or obligations under these Terms of Service without prior written consent from us. However, we may assign our rights and obligations under these Terms of Service to an affiliate or in connection with an acquisition, sale, or merger at our sole discretion. If any part of these Terms of Service is deemed invalid or unenforceable by proper legal authorities, that portion will be struck while the remaining portions remain in full force and effect. Any potential failure on our part to enforce these Terms of Service is not and will not be deemed a waiver of these Terms of Service, in part or in whole. Any legal action or proceeding arising under these Terms of Service will be handled by the courts in the United States, and the parties irrevocably consent to the personal jurisdiction and venue there. Finally, we are not liable and will not be held liable for any failure or delay in performance of our obligation under these Terms of Service that result from any condition beyond our control. This includes government action, acts of terrorism, earthquakes, floods, fire, power failures, internet disturbances, or acts of omission by any third party. You agree that we may provide you with a notice of any changes to these Terms of Service by email, regular mail, or by posting on the DApp or the Sites. By providing us with your email address, you consent to forgo receiving any notices via postal mail.