Terms of Service

Last Updated: June 15, 2021

Introduction

Gnomeseries.com (the “Website”) is a website owned and operated by PWNED Studio, LLC d/b/a Gnome Series (“Gnome Series,” “we,” “us” or “our”). Gnome Series provides users with a platform to purchase, collect, and play digital blockchain collectible cards known as non-fungible tokens or “NFTs”. These Terms of Use (these “Terms”) govern your access to and use of the Website and the purchase, sale, exchange, or use of Gnomes (as defined herein), whether through the Website or third-party sites (collectively, the “Service”).

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SERVICE. THESE TERMS GOVERN YOUR USE OF THE SERVICE, UNLESS WE HAVE EXECUTED A SEPARATE WRITTEN AGREEMENT WITH YOU FOR THAT PURPOSE. WE ARE ONLY WILLING TO MAKE THE SERVICE AVAILABLE TO YOU IF YOU ACCEPT ALL OF THESE TERMS. BY USING THE SERVICE OR ANY PART OF IT, OR BY CLICKING “I ACCEPT” BELOW OR INDICATING YOUR ACCEPTANCE IN AN ADJOINING BOX, YOU ARE CONFIRMING THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY ALL OF THESE TERMS. IF YOU ARE ACCEPTING THESE TERMS ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE LEGAL AUTHORITY TO ACCEPT THESE TERMS ON THAT ENTITY’S BEHALF, IN WHICH CASE “YOU” WILL MEAN THAT ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT ACCEPT ALL OF THESE TERMS, THEN WE ARE UNWILLING TO MAKE THE SERVICE AVAILABLE TO YOU. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICE.

THIS AGREEMENT CONTAINS AN ARBITRATION PROVISION (SEE SECTION 11).  PLEASE REVIEW THE ARBITRATION PROVISION CAREFULLY, SINCE IT AFFECTS YOUR RIGHTS.  BY USING THE SERVICE OR ANY PART OF IT, OR BY CLICKING “I ACCEPT” BELOW OR INDICATING YOUR ACCEPTANCE IN AN ADJOINING BOX, YOU UNDERSTAND AND AGREE TO BE BOUND BY THE ARBITRATION AGREEMENT (AS DEFINED BELOW).

1. OVERVIEW OF GNOMES AND GNOME SERIES

Gnome Series sells individual and packs of digital collectible cards (“Gnomes”), which are a series of non-fungible tokens, the ownership and transfer of which is recorded on the Wax blockchain. Gnomes have varying attributes, illustrations, and “skills” as used in GNO City, an NFT trading card game provided by us at gnocity.com (the “Game”). 

Purchasing Gnomes from Us

We sell Gnomes, individually or in packs, via the marketplace at https://wax.atomichub.io/market (“Atomic Hub”), a third-party platform. Your purchase of Gnomes on the Atomic Hub Marketplace is also subject to the Atomic Hub terms of service and privacy policy, and by using our Service you agree that you are governed by such terms and policies. 

Purchasing Gnomes from Others

You can also purchase Gnomes from other owners via Atomic Hub, similar platforms, or directly in a peer-to-peer transaction. If you decide to purchase Gnomes other than from us through Atomic Hub, you understand that such purchases will be made entirely at your own risk and we make no representation or warranty as to such transactions. 

Attributes of the Gnomes

Each Gnome is a digital card composed of an illustration of one fictional character and a set of assigned attributes corresponding to the Game.  The attributes of each Gnome – including scarcity –may impact the value of the Gnome in the Game and in secondary sales. The value of each Gnome is inherently subjective, in the same way the value of other collectibles is inherently subjective. Each Gnome has no inherent or intrinsic value. The Gnome cards sold by us are sometimes referred to as “base cards” because they have a basic or starter level of attributes. By using a Gnome in the Game to complete training, reach new levels, and acquire in-Game assets, you will have opportunities to enhance the attributes of your Gnomes.

Rarity score can vary by packs. They will be identified on AtomicHub drops and on the website when it is up for sale. Please see the rarity chart as a base reference.

2. PAYMENT FOR GNOMES

Payments

We collect payment for Gnomes purchased on Atomic Hub in WAX, the native token for the WAX blockchain, and in USD via credit card payment. Prices for Gnomes are expressed in WAX on Atomic Hub and in USD on our website. We may choose to accept other virtual currencies or payment methods in the future. 

You understand that we have no ability to reverse transactions executed via the WAX blockchain, and other public blockchains. Due to the irrevocable nature of the blockchain transactions effected on a public blockchain, we are unable to offer refunds on any purchases of Gnomes made on the WAX blockchain. As such, all sales of individual or packs of Gnomes on the WAX blockchain are final, and we have no liability to you or to any third party for any claims or damages that may arise as a result of any payments or transactions that you engage in via Atomic Hub, or any other payment or transactions that you conduct via the Wax blockchain. We may, in our sole discretion, refund purchases of Gnomes made by credit card on our Website.

Network Transaction Fees

When you purchase or sell a Gnome, you will incur a transaction fee for using the WAX or Ethereum blockchains, respectively, (a “Gas Fee”). Gas Fees fund the network of computers that run the decentralized WAX and Ethereum blockchains. This means that you will need to pay a Gas Fee for each transaction each time you purchase, sell, or transfer a Gnome. Except as otherwise expressly set forth in these Terms, you will be solely responsible for paying any Gas Fee (on WAX or other blockchain) for any Gnome you purchase or sell.

Taxes

You will be solely responsible to pay any and all sales, use, value-added and other taxes, duties, and assessments (except taxes on our net income) now or hereafter claimed or imposed by any governmental authority (collectively, the “Taxes”) associated with your use of the Service. Except for income taxes levied on us, you: (a) will pay or reimburse us for all national, federal, state, local or other taxes and assessments of any jurisdiction, including value added taxes and taxes as required by international tax treaties, customs or other import or export taxes, and amounts levied in lieu thereof based on charges set, services performed or payments made hereunder, as are now or hereafter may be imposed under the authority of any national, state, local or any other taxing jurisdiction; and (b) will not be entitled to deduct the amount of any such taxes, duties or assessments from payments (including Gas Fees) made to us pursuant to these Terms. 

Representation Regarding Canada’s GST/HST Regime (effective July 1, 2021)

Unless you otherwise notify us in writing, you represent that you are not a resident in Canada and are not registered for goods and services tax / Harmonized sales tax (GST / HST) or Provincial sales taxes (PST) in Canada. If this representation ceases to be true, you shall inform us promptly in writing. 

3. OWNERSHIP; RESTRICTIONS

Limited User License

By purchasing a Gnome in accordance with these Terms, you own the digital card or pack of cards you purchase, but you do not own the artwork, design, drawings, or attributes that may be associated with the Gnome. Subject to your continued compliance with these Terms, we grant you a worldwide, non-exclusive, non-transferable, royalty-free license to use, copy, and display the Gnomes, solely for the following purposes: (a) for your own personal, non-commercial use; (b) as part of a marketplace that permits the purchase and sale of Gnomes; and (c) for any functional purpose permitted by the Game.  

Except as reasonably required to resell your Gnomes, you do not have the right to reproduce, distribute, or otherwise commercialize any elements of the Gnomes (including, without limitation, our copyright in and to the art and drawings associated with the Gnomes, the Website, or the Game) in any way without our prior written consent in each case, which consent we may withhold in our sole and absolute discretion.

Ownership of the Website and the Game

You acknowledge and agree that we own all legal right, title and interest in and to all other elements of the Website and Game, and all intellectual property rights therein (including, without limitation, all artwork, designs, systems, methods, information, computer code, software, services, “look and feel”, organization, compilation of the content, code, data, and all other elements of the Website and Game (collectively, the “Gnome Series Materials”).  You acknowledge that the Gnome Series Materials are protected by copyright, trade dress, patent, and trademark laws, international conventions, other relevant intellectual property and proprietary rights, and applicable laws. All Gnome Series Materials are the copyrighted property of us or our licensors, and all trademarks, service marks, and trade names associated with or otherwise contained in the Gnome Series Materials are proprietary to us or our licensors.

Your use of the Website and Game, and your purchase of Gnomes, does not grant you ownership of or any other rights with respect to any content, code, data, or other intellectual property in the Gnomes or the Gnome Series Materials. 

You may be subject to additional terms and conditions, which will be posted on gnocity.com/terms, or a similar URL, when you use the Gnomes in the Game. 

Restrictions on Ownership

You agree that you may not, nor permit any third party to do or attempt to do any of the foregoing without our (or, as applicable, our licensors’) express prior written consent in each case: (a) modify the artwork of your Gnome in any way, including, without limitation, the shapes, designs, drawings, attributes, or color schemes; (b) use the artwork of the Gnome to advertise, market, or sell any third party product or service; (c) use the artwork of the Gnome in connection with images, videos, or other forms of media that depict hatred, intolerance, violence, cruelty, or anything else that could reasonably be found to constitute hate speech or otherwise infringe upon the rights of others; (d) use the artwork for your Gnome in movies, videos, or any other forms of media, except to the limited extent that such use is expressly permitted in these Terms or solely for your own personal, non-commercial use; (e) sell, distribute for commercial gain (including, without limitation, giving away in the hopes of eventual commercial gain), or otherwise commercialize merchandise that includes, contains, or consists of the artwork of the Gnome; (f) attempt to trademark, copyright, or otherwise acquire additional intellectual property rights in or to the artwork of the Gnome; or (g) otherwise utilize the artwork for your Gnome for your or any third party’s commercial benefit.

Limitation of License

The license granted above applies only to the extent that you continue to own the applicable Gnome, proof of such ownership being evidenced by being recorded to the Wax blockchain. If at any time you sell, swap, donate, give away, transfer, or otherwise dispose of your Gnome for any reason, the license granted in herein will immediately expire with respect to that Gnome without the requirement of notice, and you will have no further rights in or to that Gnome. The restrictions in this section will survive the expiration or termination of these Terms.

4. DISCLAIMERS

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR ACCESS TO AND USE OF THE WEBSITE AND PURCHASE OF GNOMES IS AT YOUR SOLE RISK, AND THAT THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE, OUR SUBSIDIARIES, AFFILIATES, AND LICENSORS MAKE NO EXPRESS WARRANTIES AND HEREBY DISCLAIM ALL IMPLIED WARRANTIES REGARDING THE SERVICE AND ANY PART OF IT, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, CORRECTNESS, ACCURACY, OR RELIABILITY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE, OUR PARENT, SUBSIDIARIES, AFFILIATES, AND LICENSORS (AS APPLICABLE) DO NOT REPRESENT OR WARRANT TO YOU THAT: (I) YOUR ACCESS TO OR USE OF THE SERVICE WILL MEET YOUR REQUIREMENTS; (II) YOUR ACCESS TO OR USE OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR; (III) USAGE DATA PROVIDED THROUGH THE SERVICE WILL BE ACCURATE; (IV) THE SERVICE OR ANY CONTENT, SERVICES, OR FEATURES MADE AVAILABLE ON OR THROUGH THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (V) THAT ANY DATA THAT YOU DISCLOSE WHEN YOU USE THE SERVICE WILL BE SECURE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET, AND AGREE THAT WE HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY BREACH OF SECURITY UNLESS IT IS DUE TO OUR GROSS NEGLIGENCE.

WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSSES YOU INCUR AS THE RESULT OF YOUR USE OF THE WAX OR ETHEREUM NETWORKS, OR YOUR ELECTRONIC WALLETS, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (I) USER ERROR, SUCH AS FORGOTTEN PASSWORDS OR INCORRECTLY CONSTRUED SMART CONTRACTS OR OTHER TRANSACTIONS; (II) SERVER FAILURE OR DATA LOSS; (III) CORRUPTED WALLET FILES; OR (IV) UNAUTHORIZED ACCESS OR ACTIVITIES BY THIRD PARTIES, INCLUDING, BUT NOT LIMITED TO, THE USE OF VIRUSES, PHISHING, BRUTE-FORCING OR OTHER MEANS OF ATTACK AGAINST THE APP, THE FLOW NETWORK, OR ANY ELECTRONIC WALLET.

GNOMES ARE INTANGIBLE DIGITAL ASSETS THAT EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED IN THE WAX NETWORK. ALL SMART CONTRACTS ARE CONDUCTED AND OCCUR ON THE DECENTRALIZED LEDGER WITHIN THE WAX NETWORK. WE HAVE NO CONTROL OVER AND MAKE NO GUARANTEES OR PROMISES WITH RESPECT TO SMART CONTRACTS OR THE WAX NETWORK.

WE ARE NOT RESPONSIBLE FOR LOSSES DUE TO BLOCKCHAINS OR ANY OTHER FEATURES OF THE ETHEREUM OR WAX NETWORK, OR ANY ELECTRONIC WALLET, INCLUDING BUT NOT LIMITED TO LATE REPORT BY DEVELOPERS OR REPRESENTATIVES (OR NO REPORT AT ALL) OF ANY ISSUES WITH THE BLOCKCHAIN SUPPORTING THE ETHEREUM OR WAX NETWORKS, INCLUDING FORKS, TECHNICAL NODE ISSUES, OR ANY OTHER ISSUES HAVING FUND LOSSES AS A RESULT.

5. LIMITATION OF LIABILITY

YOU UNDERSTAND AND AGREE THAT WE, OUR SUBSIDIARIES, AFFILIATES, AND LICENSORS WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES WHICH YOU MAY INCUR, HOWSOEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF PROFITS (WHETHER INCURRED DIRECTLY OR INDIRECTLY), LOSS OF GOODWILL OR BUSINESS REPUTATION, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR ANY OTHER INTANGIBLE LOSS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOU AGREE THAT OUR TOTAL, AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR ACCESS TO OR USE OF (OR YOUR INABILITY TO ACCESS OR USE) ANY PORTION OF THE APP, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, IS LIMITED TO THE GREATER OF THE AMOUNTS YOU HAVE ACTUALLY AND LAWFULLY PAID US UNDER THESE TERMS IN THE TWO (2) MONTH PERIOD PRECEDING THE DATE THE CLAIM AROSE.

YOU ACKNOWLEDGE AND AGREE THAT WE HAVE MADE THE SERVICE AVAILABLE TO YOU AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN, WHICH REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN THE PARTIES AND FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN US. WE WOULD NOT BE ABLE TO PROVIDE THE SERVICE TO YOU WITHOUT THESE LIMITATIONS.

6. INDEMNIFICATION

You agree to hold harmless and indemnify us and our parent, subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners from and against any claim, liability, loss, damage (actual and consequential) of any kind or nature, suit, judgment, litigation cost and attorneys’ fees arising out of or in any way related to: (i) your breach of these Terms; (ii) your misuse of the Service; or (iii) your violation of applicable laws, rules or regulations in connection with your access to or use of the Service. You agree that we will have control of the defense or settlement of any such claims.

7. EXTERNAL SITES

The Service may include hyperlinks to other websites or resources, including, but not limited to, Atomic Hub (collectively, the “External Sites”), which are provided solely as a convenience to our users. We have no control over any External Sites. You acknowledge and agree that we are not responsible for the availability of any External Sites, and that we do not endorse any advertising, products or other materials (other than the Gnomes sold by us) on or made available from or through any External Sites. Furthermore, you acknowledge and agree that we are not liable for any loss or damage which may be incurred as a result of the availability or unavailability of the External Sites, or as a result of any reliance placed by you upon the completeness, accuracy or existence of any advertising, products or other materials on, or made available from, any External Sites.

8. FORCE MAJEURE

We will not be liable or responsible to you, nor be deemed to have defaulted under or breached these Terms, for any failure or delay in fulfilling or performing any of these Terms, when and to the extent such failure or delay is caused by or results from the following force majeure events (“Force Majeure Event(s)”): (a) acts of God; (b) flood, fire, earthquake, epidemics, pandemics, including the 2019 novel coronavirus pandemic (COVID-19), tsunami, explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order, law, or action; (e) embargoes or blockades in effect on or after the date of this agreement; (f) strikes, labor stoppages or slowdowns or other industrial disturbances; (g) shortage of adequate or suitable Internet connectivity, telecommunication breakdown or shortage of adequate power or electricity; and (h) other similar events beyond our control.

If we suffer a Force Majeure Event, we will use reasonable efforts to promptly notify you of the Force Majeure Event, stating the period of time the occurrence is expected to continue. We will use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized. We will resume the performance of our obligations as soon as reasonably practicable after the removal of the cause. In the event that our failure or delay remains uncured for a period of forty-five (45) consecutive days following written notice given by us under this Section 8, we may thereafter terminate these Terms upon fifteen (15) days’ written notice.

9. INDEMNIFICATION

You agree to hold harmless and indemnify Gnome Series and its subsidiaries, affiliates, officers, agents, employees, licensors, suppliers or partners from and against any claim, liability, loss, damage (actual and consequential) of any kind or nature, suit, judgment, litigation cost, and attorneys’ fees arising out of or in any way related to (i) your breach of these Terms, (ii) your misuse of the Service, (iii) your violation of applicable laws, rules or regulations in connection with your access to or use of the Service, or (iv) your breach of our Privacy Policy. You agree that we will have sole control of the defense or settlement of any such claims.

10. PRIVACY POLICY

Our Privacy Policy describes the ways we collect, use, store and disclose your personal information, and is hereby incorporated by this reference into these Terms. You agree to the collection, use, storage, and disclosure of your data in accordance with our Privacy Policy.

11. DISPUTE RESOLUTION; ARBITRATION

Please read the following arbitration agreement in this Section 11 (“Arbitration Agreement”) carefully. It requires you to arbitrate disputes with Gnome Series and limits the manner in which you can seek relief from us.

EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS OF USE OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND US, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY, AND YOU AGREE THAT GNOME SERIES AND YOU ARE EACH WAIVING THE RIGHT TO SUE IN COURT AND TO HAVE A TRIAL BY A JURY. YOU AGREE THAT ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION.

The laws of the Commonwealth of Pennsylvania and applicable United States federal law, including the Federal Arbitration Action as specified herein, shall govern these Terms of Services.

Except for those disputes that shall be resolved in arbitration or in small claims court pursuant to this section, each party agrees to submit to the personal and exclusive jurisdiction of the courts located in the Commonwealth of Pennsylvania, provided that any claims or disputes shall be subject to the arbitration provisions set forth below.

Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought, in an individual capacity only, and not on a class-wide or representative basis, in the courts specified above), any dispute between you and Gnome Series related in any way to, or arising in any way from, our Privacy Policy, these Terms, or your use of the Service ( “Dispute”) shall be finally settled on an individual, non-representative basis in binding arbitration in accordance with the American Arbitration Association (“AAA”) rules for arbitration of consumer-related disputes (available from AAA on its website at www.adr.org), as modified by this Agreement or in accordance with rules on which we may mutually agree; provided, however, that to the extent a Dispute is within the scope of a small claims court’s jurisdiction, either you or Gnome Series may commence an action in small claims court, in the county (or equivalent) of your most recent physical address, to resolve the Dispute.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent via email legal@gnomeseries.com.

Any arbitration will be conducted by a single, neutral arbitrator and shall take place in Philadelphia, Pennsylvania. The arbitrator may award any relief that a court of competent jurisdiction could award, including attorneys’ fees when authorized by law. The arbitral decision may be enforced in any court of competent jurisdiction. You hereby agree that this Agreement evidences a transaction involving interstate commerce, and therefore, the Federal Arbitration Act (“FAA”) applies to these Terms of Service, including the agreement to arbitrate set forth above. We each agree that the FAA, and not state law, shall govern whether a Dispute is subject to arbitration.

The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by AAA or by the arbitrator. The arbitrator’s decision will follow the terms of these Terms and will be final and binding. The arbitrator will have authority to award temporary, interim, or permanent injunctive relief or relief providing for specific performance of these Terms, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in these Terms of Use will preclude you from bringing issues to the attention of federal, state, or local agencies and, if the law allows, they can seek relief against us for you.

12. ASSUMPTION OF RISK

You understand and acknowledge the following:

1. The prices of blockchain assets, including NFTS, are extremely volatile. Fluctuations in the price WAX and of other digital assets could materially and adversely affect the value of the Gnomes.

2. You are solely responsible for determining what, if any, taxes apply to your purchase and sale of Gnomes. 

3. Any transfer of Gnomes occurs on the Wax blockchain and we are not responsible for incorrect or mistaken transactions that do not result from our gross negligence.

4. There are risks associated with purchasing Gnomes using cryptocurrency, including but not limited to, the risk of hardware, software and Internet connections, the risk of malicious software introduction, the risk that third parties may obtain unauthorized access to information stored within your wallet, and the risk of incorrect and irreversible transfers. You accept and acknowledge that we will not be responsible for any failures, disruptions, errors, distortions or delays you may experience when purchasing Gnomes.

5. The regulatory regime governing blockchain technologies, cryptocurrencies, and tokens is uncertain, and new regulations or policies may materially adversely affect our ability to offer Service or operate the Game. If we do not operate the Game for any reason, the Gnomes may have limited utility. 

6. We rely on third-party platforms and networks such as Atomic Hub, the WAX blockchain, and the Ethereum blockchain to perform the transactions to provide the Service. Our inability to use these networks and platforms, or other third-party networks and platforms, may cause us to be unable to offer the Service.

7. Upgrades by Wax to the Wax blockchain, a hard fork in the Wax blockchain, or a change in how transactions are confirmed on the Wax blockchain may have unintended, adverse effects on all digital products recorded using the ERC-20 standard, including the Gnomes.

13. MODIFICATION

You acknowledge and agree that the form and nature of the Service, and any part of it, including modifications to the attributes, statistics, of the Gnomes or the expression of the Gnomes in the Game, may change from time to time without prior notice to you, and that we may add new features and change any part of the Game at any time without notice.

14. NO THIRD-PARTY BENEFICIARIES 

These Terms do not and are not intended to confer any rights or remedies upon any person or entity other than you.

15. INTERPRETATION

The language in these Terms will be interpreted as to its fair meaning, and not strictly for or against any party.

16. SEVERABILITY

Should any part of these Terms be held invalid, illegal, void or unenforceable, that portion will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.

17. NO WAIVER

Our failure or delay to exercise or enforce any right or provision of these Terms will not constitute or be deemed a waiver of future exercise or enforcement of such right or provision. The waiver of any right or provision of these Terms will be effective only if in writing and signed for and on behalf of us by a duly authorized representative.

18. GOVERNING LAW

These Terms and your access to and use of the Service shall be governed by and construed and enforced in accordance with the laws of the State of Pennsylvania, without regard to conflict of law rules or principles of the State of Pennsylvania, or any other jurisdiction) that would cause the application of the laws of any other jurisdiction that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court, shall be resolved in the state or federal courts of Philadelphia County in the State of Pennsylvania, and the United States, respectively, sitting in the State of Pennsylvania.

19. VENUE

Subject to Section 11 of these Terms, any legal action or proceeding arising under these Terms will be brought exclusively in the federal court in Pennsylvania, and we and you irrevocably consent and attorn to the personal jurisdiction and venue there.

20. NOTICES

We may provide you with any notices (including, without limitation those regarding changes to these Terms) by email or postings on the Website. By providing us with your email address, you consent to our using the email address to send you any notices. Notices sent by email will be effective when we send the email, and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.

21. ASSIGNMENT

You may not assign any of your rights or obligations under these Terms, whether by operation of law or otherwise, without our prior written consent. We may assign our rights and obligations under these Terms in our sole discretion to an affiliate, or in connection with an acquisition, sale or merger.

22. SURVIVAL

Section 11 shall survive the termination of these Terms.

23. CHILDREN 

You affirm that you are over the age of 13, as the Service is not intended for children under 13. IF YOU ARE 13 OR OLDER BUT UNDER THE AGE OF 18, OR THE LEGAL AGE OF MAJORITY WHERE YOU RESIDE IF THAT JURISDICTION HAS AN OLDER AGE OF MAJORITY, THEN YOU AGREE TO REVIEW THESE TERMS WITH YOUR PARENT OR GUARDIAN TO MAKE SURE THAT BOTH YOU AND YOUR PARENT OR GUARDIAN UNDERSTAND AND AGREE TO THESE TERMS. YOU AGREE TO HAVE YOUR PARENT OR GUARDIAN REVIEW AND ACCEPT THESE TERMS ON YOUR BEHALF. IF YOU ARE A PARENT OR GUARDIAN AGREEING TO THE TERMS FOR THE BENEFIT OF A CHILD OVER 13, THEN YOU AGREE TO AND ACCEPT FULL RESPONSIBILITY FOR THAT CHILD’S USE OF THE SERVICE, INCLUDING ALL FINANCIAL CHARGES AND LEGAL LIABILITY THAT HE OR SHE MAY INCUR.

24. ENTIRE AGREEMENT

These Terms, the Privacy Policy, and any additional policies expressly referenced herein, constitute the entire agreement between you and Gnome Series relating to your access to and use of the Services.