GALACTIC WASTE MANAGEMENT INC.
Terms And conditions
Last Update: April 22, 2022
Please read these Terms of Service (“TOS”) carefully. These TOS govern your use of (i) Crypto Space Agency’s applications for mobile devices (the “CSA Apps”), (ii) CSA’s web domains and subdomains, including www.csa.xyz (our “Sites”), and (iii) our minting, offering and sale of non-fungible tokens (“NFTs”). We refer to the content and functionality of the CSA Apps and the Sites (including any CSA membership benefits you may receive in connection therewith), and our minting, offering and sale of CSA membership NFT tokens and other NFTs, as our “Services.”
As used in these TOS, “Crypto Space Agency”, “CSA” “we”, “us”, or “our” refer to Galactic Waste Management Inc. d/b/a Crypto Space Agency.
Under these TOS, any disputes arising between you and us are subject to binding arbitration, unless you exercise your right to opt out of arbitration within the period specified below. Please review “Mediation and Binding Arbitration” below.
If you are under 13 years of age, do not use or provide any information to any CSA App or Site.
The Services are not offered to and may not be used by persons or entities who reside in, are citizens of, are located in, are incorporated in, or have a registered office in any restricted territory, as defined below (each, a “Restricted Person”). If you are a Restricted Person, then do not attempt to use the company platform or any related services. Use of a virtual private network or any other similar means intended to circumvent the restrictions set forth herein is prohibited.
This summary is provided only for convenience. Please review the TOS below in its entirety for important information and legal conditions that apply to your use of the Services.
- The Services are not intended for children under the age of 13. If you are under 13, do not use the Services. If you are age 13 or over but under age 18, you may use the Services only with the consent of your parent or legal guardian.
- The Services are owned by CSA and its licensors. You may only use the Services for personal use. You may not sell or transfer the Services, or any content or digital items within the Services, to anyone else.
- You may not copy or modify any content from the Services, or any trademarks appearing in the Services, except as we expressly allow in these TOS.
- You will be responsible for all charges relating to the Services. These charges may include costs of NFTs and additional features or content. Although the Apps may be free to download, real-money charges may apply for in-app additional features or content.
- You are responsible for maintaining the security of your account information with Apple App Store, Google Play or other mobile application store used to access the Services on CSA Apps in order to avoid unauthorized charges, including by children using your device.
- Amounts paid are non-refundable except as required under local law of your jurisdiction. In certain cases, the mobile application store from which you obtained a CSA App to access the Services, such as the Apple App Store or Google Play, may provide refunds.
- You may not post any inappropriate content in or through the Services, or any content that you do not have legal rights to. You agree that CSA may use any content you post for any purpose, including for advertising.
- We may discontinue or change the Services, including any features of the Services, at any time without notice or liability to you.
- Our liability to you relating to the Services is limited. You agree that any disputes will be subject to binding arbitration, to be held in Los Angeles, California, USA.
Your Agreement to these TOS and Future Changes
These TOS are a legal agreement between you and CSA. The CSA App and Services are licensed, not sold, to you by CSA. We reserve all rights in and to the Services not expressly granted to you under these TOS. We may modify these TOS, at our sole discretion, without your consent, effective immediately upon posting of the revised TOS, and you agree to and accept this condition. Material changes to these TOS will be announced by posting them in the mobile application stores and Sites where the Services are available. You are responsible for checking these TOS each time before using the Services. Continued use of the Services following the posting of changes means that you accept and agree to the updated TOS.
Scope of License
Your rights under these TOS are limited to a personal, non-commercial, nontransferable license to use the Services on devices that you own or control and as permitted by the usage rules for the applicable mobile app store through which you accessed the CSA App (if applicable) or other terms and conditions applying to your device. These TOS do not allow you to use the Services on any device that you do not own or control, and except as provided in the rules relating to your device, you may not distribute or make the Services available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, transfer redistribute, or sublicense the Services and, if you sell your device to a third party, you must remove the Services before doing so. You may not copy (except as expressly permitted by these TOS and the rules for your device), decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Services or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-source components included with the Services). Any attempt to do so is a violation of the rights of CSA and our licensors. If you breach this restriction, you may be subject to prosecution and damages.
These TOS will govern any upgrades provided by CSA that replace and/or supplement the original Services, unless such upgrade is accompanied by a separate license, in which case the terms of that license will govern. You acknowledge that these TOS are concluded solely between you and CSA, and not with any mobile application store from which you downloaded a CSA App (for example, Apple Inc. or Google Inc.), and that CSA is solely responsible for the Services and the content thereof, except as otherwise provided in these TOS. If you have an Apple device and these TOS are less restrictive than, or in conflict with, the terms of service for such device, the terms of service for such device will govern.
Use of the term “purchase” in these TOS does not imply that you obtain any ownership rights to the Service or any virtual currency or virtual goods.
Please see “NFTs” below regarding license terms applying to non-fungible tokens and related content.
All content included in the Service, including text, design, graphics, logos, user interfaces, button icons, images, photographs, audio clips, video clips, digital downloads, data compilations and software (but not including any content posted by users) is owned by CSA or our licensors and protected by applicable copyright laws. This includes any images and video, for example, that are associated with NFTs. The Services may include registered and unregistered trademarks owned by or licensed to CSA, which may not be copied, imitated or used, without the prior written permission of CSA. You agree that you will not apply for, register, or otherwise use or attempt to use any CSA trademarks or service marks, or any confusingly similar marks, anywhere in the world without our prior written consent in each case, which consent we may withhold in our sole discretion.
If there is a charge associated with the Services, you agree to pay that charge. If any part of the Services is free, there may still be charges for additional content within the Services, including virtual currency and virtual goods (both defined below), and you agree to pay those charges. You may be able to prevent purchase of such additional content by adjusting your device's settings.
The Apple iPhone, iPad and other devices may keep you logged on for a period of time after you download a CSA App (or after you make a purchase through a CSA App). This may allow a user (for example, a child) to incur charges without entering your password. This is a function of the software of these devices and not within our control. You may be able to change this function through the “settings” menu on your device.
Prices for the Services exclude all applicable taxes and currency exchange settlements, unless stated otherwise. You may still incur charges incidental to using the Services even if the Services itself are free (for example, charges for internet access, text messaging, and other data transmission). You are solely responsible for the payment of such taxes or other charges related to your use of the Services.
Any amounts paid for the Services, including NFTs are non-refundable, except to the extent required by applicable law or as expressly set forth in these TOS.
If you are a resident of the European Union, you consent that we may make available to you the Services and any virtual currency or virtual goods directly after your order has been accepted by the Apple App Store, Google Play or other mobile application store. As a result, you hereby expressly acknowledge that you lose any legal right to withdraw from the purchase of the Services or such virtual items.
Consent to Use of Data
We may ask you to submit personal information in order to use certain features of the Services. You agree to provide and maintain true, accurate, complete and current information. If you provide any information that is untrue, inaccurate, incomplete or not current, CSA has the right to suspend or terminate your account and refuse any and all current or future use of the Services by you.
You agree that we may collect and use technical data, app usage data, and related information, including but not limited to, technical information about your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Services. We may use this information, as long as it is in a form that does not personally identify you, to improve our products or to provide new applications to you.
The Services are not intended for children under the age of 13. If you are under 13 years of age, do not use or provide any information to any CSA App or Site.
If you are age 13 or over but under age 18, you may use the Services only with the consent of your parent or legal guardian. CSA relies upon parents and guardians to determine if the Services are appropriate for the viewing or access by persons under the age of 18. You agree to monitor use of your account by persons younger than the age of 18. You agree to accept full responsibility for any unauthorized use of your account by persons under the age of 18, including responsibility for any use of your credit card or other payment instrument.
The Services only available to users in certain jurisdictions who can use the Interface as permitted under applicable law. The Services are not authorized for use in Restricted Territories. For the purposes of these TOS, “Restricted Territory” means Algeria, Bangladesh, Bolivia, Belarus, Burundi, Burma (Myanmar), Cote D'Ivoire (Ivory Coast), Crimea and Sevastopol, Cuba, Democratic Republic of Congo, Ecuador, Iran, Iraq, Liberia, Libya, Mali, Morocco, Nepal, North Korea, Somalia, Sudan, Syria, Venezuela, Yemen, Zimbabwe or any other country to which Canada, Panama, the United States, the United Kingdom or the European Union embargoes goods or imposes similar sanctions.
As used in this section, the following terms have the corresponding meaning set forth below:
“Art” means any art, design, and drawings associated with an NFT in the form minted through the Services, including imagery, video and audio. Art does not include any modifications, derivative works or art that you may create.
“NFT Materials” means all intellectual property rights in an NFT other than the Art, including, without limitation, all designs, names, copyrights, trademarks, patents, systems, methods, information, computer code, software, services, “look and feel,” organization, compilation of the content, code and data.
“Third-Party IP” means any third-party patent rights, copyrights, trade secrets, trademarks, know-how or any other intellectual property rights recognized in any country or jurisdiction in the world.
The Services may provide users opportunities to mint, use, display, interact with and trade in NFTs (for example, “CSA membership NFT tokens”). NFTs are intangible digital assets that exist only by virtue of the ownership record maintained on a blockchain network such as Ethereum. Any such opportunities if provided are solely for entertainment purposes. NFTS SHOULD NOT BE CONSIDERED STORES OF VALUE OR INVESTMENT INSTRUMENTS. NFTS ARE NOT SECURITIES AND ARE NOT REGISTERED WITH THE SECURITIES AND EXCHANGE COMMISSION OR ANY STATE SECURITIES AUTHORITY. THE REAL-WORLD VALUE OF NFTS MAY FLUCTUATE SIGNIFICANTLY. YOU SHOULD BE PREPARED TO LOSE ANY AMOUNT THAT YOU PAY FOR NFTS.
NFTs may be subject to smart contracts that are conducted and occur on a decentralized ledger within the blockchain. We may have no control over and make no guarantee with respect to the operation of smart contracts. CSA is not responsible for losses due to the function, or any failures, of the blockchain or any digital wallet, including but not limited to late or missing reports from developers or representatives of any issues with the blockchain network, forks, technical node or other issues. You acknowledge that CSA has no ability to undo, reverse, or restore any transactions. NFTs are provided “as is” and “as available” without warranty of any kind.
Certain NFTs (for example, CSA Membership Token NFTs) may provide access to participate in certain promotions, community organization tools, events, opportunities, or programs and to receive certain benefits (each a “Program”). Your participation in Programs may be subject to additional terms and conditions specific to each such Program.
Any NFTs offered by CSA will be subject to the use and ownership provisions of these TOS. You represent and warrant that your use of any NFT will at all times conform with all: (a) applicable laws; and (b) applicable third-party terms. The purchase price of NFTs may include so-called “gas fees,” or the cost of recording entries on the blockchain, which are variable and are beyond CSA’s control. You agree and acknowledge that by connecting with a third-party provider in connection with any transaction concerning your NFT that occurs via block chain network, you agree to pay any gas fees associated with that transaction.
Commission for Trading
In addition to the gas fee, each time you conduct a secondary trade of an NFT, you authorize us to collect a commission based on the total value of that transaction.
You acknowledge and agree that such commission may be transferred directly to us as a part of the transaction.
You will be solely responsible to pay any and all sales, use, value-added and other taxes, duties, and assessments now or hereafter claimed or imposed by any governmental authority (“Taxes”) associated with your use of the Services (including, without limitation, any Taxes that may become payable as the result of your use, ownership or transfer of NFTs). You will pay or reimburse us for all Taxes that we are required to pay on your behalf. You shall not be entitled to deduct the amount of any Taxes from payments made to us pursuant to these TOS. If required by applicable law, we may provide information regarding your transactions in NFTs to governmental authorities, including your personal information.
You are entirely responsible for the safety and management of your own digital wallet and validating all transactions you may undertake for NFTs.
We may require you to provide additional information and/or documents at the request of any competent authority or in connection with any applicable law or regulation, including without limitation laws related to anti-money-laundering. CSA may also require you to provide additional information and documents in cases where we have reason to believe that: (a) you are using the Services (or any portion thereof) for money-laundering or for any other illegal activity; (b) you have concealed or reported false identification information and/or other details; and/or (c) transactions by you were effected in breach of these TOS. In such cases, CSA, in its sole discretion, may (d) revoke any rights granted to you by CSA hereunder; or (e) pause or cancel your transactions until such additional information and documents are reviewed by us and accepted as satisfying the requirements of applicable law. If you do not provide complete and accurate information and documents in response to such a request, CSA may, in addition to the foregoing penalties, terminate your access to the Services.
Ownership; Personal and Commercial License to Art
When you mint an NFT, you own the NFT excluding any: (a) Art, (b) Third Party IP and (c) NFT Materials. You acknowledge and agree that CSA (or, as applicable, our licensors) owns all legal right, title and interest in and to the Art, Third Party IP and NFT Materials.
You have no ownership interest in any Art associated with an NFT; however, you have a personal and commercial license with respect to such Art as provided below. CSA grants you a non-exclusive, worldwide license to use, display and reproduce such Art for so long as you own the underlying NFT, subject to the following conditions:
- You may create and exploit reproductions of the Art, and you may create and so exploit derivative versions of the Art, in digital and physical forms, (including for example on t-shirts and digital collages) solely for your personal, non-commercial use; however, you may not (i) use the Art or any trademark, logo or intellectual property included in the Art for any commercial purposes or (ii) modify in any way the Art as it appears in association with the actual NFT. This means, for example, you may create a poster showing a modified version of the Art with your own artwork; however, you may not modify the design or appearance of the actual NFT as it appears in the Services or CSA platform or in other platforms or marketplaces.
- You may not obscure or modify in any way any CSA branding that appeared on the NFT at the time it was minted, including the CSA name and logo.
- You may not modify any NFT or Art to incorporate or associate it with any elements that are pornographic, espouse violence or illegal activity (including use of illegal drugs), constitute hate speech or may be considered offensive to any ethnic, cultural or religious group or persons of different sexual identities or to any other group or bring into disrepute CSA or any of its officers, directors or employees or any person associated with Third-Party IP. You further may not display any NFT or Art in a context in which any of the above elements appear. CSA’s decision with respect to application of this paragraph will be final.
OTHER THAN EXPRESSLY STATED IN THESE TOS, YOU DO NOT HAVE ANY OTHER RIGHTS IN THE NFTS. You acknowledge that the NFTs and associated Art and NFT Materials may be protected by, as applicable, copyright, trade dress, patent, and trademark laws, international conventions, other relevant intellectual property and proprietary rights, and applicable laws. All trademarks, service marks, and trade names associated with the Services or contained in the NFTs are proprietary to CSA or its licensors. We reserve all rights in and to the Art, Third Party IP and NFT Materials that are not expressly granted to you in these TOS.
You may not use the CSA’s name without our prior written consent, which may be granted or withheld in our sole discretion, provide that you may use CSA’s name solely to refer to the origin of an NFT (but not with respect to any Art that does not conform to these TOS). Non-response to a request for such approval shall be deemed disapproval.
Assumption of Risk
You acknowledge and assume the following risks: (a) risks associated with purchasing and using internet-based assets, such as NFTs, including, but not limited to, failure of hardware, software and internet connections, malicious software introduction, unintended disclosure of your user account and/or related electronic wallet address, and the risk that third parties may obtain unauthorized access to information stored within your wallet; (b) a lack of use or public interest in the creation and development of distributed ecosystems could negatively impact the CSA ecosystem, and therefore the potential utility or value of NFTs; (c) the regulatory regime governing blockchain technologies, cryptocurrencies, and tokens is uncertain, and new regulations or policies may materially adversely affect the CSA ecosystem, and therefore the potential utility or value of NFTs; and (d) upgrades to any blockchain platform, a hard fork in such a platform, or a change in how transactions are confirmed on such a platform may have unintended, adverse effects on blockchains, including the CSA ecosystem and/or the NFTs. You accept and acknowledge that CSA will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using any blockchain network, however caused.
CSA has no obligation to accept, display, review, maintain or otherwise exploit any user content. By posting user content to the Services, you represent and warrant that: (a) you have all rights (including without limitation rights under applicable information protection, privacy and copyright laws) to do so; (b) such content is not illegal, defamatory or pornographic; (c) your posting of the user content and its use on the Services will comply with and not violate any applicable smart contract(s), other legal or contractual terms; and (d) you are solely responsible for any liability related to your breach of any of the foregoing representations and warranties. You agree that user content is not confidential. You further agree that user content will not be returned to you. You hereby grant to CSA a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license (with the right to sublicense) to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit for any purpose user content via the Services or by any other means. You further hereby irrevocably grant to CSA the unconditional right to use and exploit your username, persona and likeness included in any user content and in connection with any user content, without any obligation to you. Except as prohibited by law, you waive any rights of attribution and/or any moral rights you may have in user content, regardless of whether user content is altered or changed in a manner not agreeable to you. The Services may restrict your ability to share your user content in the Services. Unless otherwise notified by CSA, however, you may save and share them via third-party apps and sites subject to the terms of those third-party apps and sites and your ongoing compliance with these TOS.
We have no obligation to monitor, verify, correct or remove user content, although we reserve the right to do so in our sole discretion from time to time. We are not liable for any damage resulting from any infringement of copyright, trademark or other proprietary rights in any user content. However, if you believe that any user content infringes copyright rights held by you, you may contact us at the e-mail address or physical mail address below with the following information and signature:
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located in the Services;
- Your address (including country), telephone number and e-mail address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in the notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and
- An electronic or physical signature of the individual authorized to act on behalf of the owner of the copyright interest.
The notice should be sent to firstname.lastname@example.org or, if by physical mail, to:
CSA AR c/o Gamma Law
PO Box 136
San Francisco, CA 94104-0136 USA
We appreciate feedback, comments, ideas, proposals and suggestions for improvements to the Services. If you choose to submit feedback, you agree that we are free to use it without any restriction or compensation to you.
The Services may contain links, login interfaces and other connections to third-party websites and apps, including digital wallets such as MetaMask, WalletConnect or Coinbase Wallet. Such third-party services are provided solely as a convenience to you, and we are not responsible for, and do not sponsor or endorse the content of third-party services. Use of third-party services may require you to accept additional terms. We are not responsible for examining or evaluating, and do not warrant the offerings of, any third-party services, and you agree to use them at your sole risk.
You agree not to engage in any of the following conduct through the Services: (a) interfere with or disrupt the Services or servers or networks, or disobey any requirements, procedures, policies or regulations of networks connected with the Services; (b) interfere with, disrupt or circumvent any security feature of the Services or any feature that restricts or enforces limitations on use of or access to the Services; (c) use the Services to violate the law; (d) use the Services to harm minors in any way; (e) use the Services to reveal any personal information about another individual, including any information that may be used to track, contact or impersonate that individual; (f) defraud or mislead CSA or other users; (g) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; (h) use the Services for any commercial purpose, (i) use any other user's account for any purpose, including to circumvent a suspension or ban; (j) cheat or use, develop or distribute automation software programs (“bots”), “macro” software programs or other “cheat utility” software program or applications that are designed to modify the Services experience; or (k) submit false refund requests to CSA or any mobile application store, such as the Apple App Store or Google Play. CSA reserves the right to determine what conduct violates these restrictions or is otherwise outside the intentions of these TOS or the Services and to take action as a result, which may include termination of your account and exclusion from further participation in the Services.
Changes, Suspension or Termination of the Services
We reserve the right to add, change, suspend or discontinue the Services, or any aspect or feature of the Services, without notice or liability. You agree that we may alter the Services, which includes changing the various terms and changing or eliminating parts of the Services, without contacting you in advance.
You agree that we may temporarily suspend the Services without prior notice. During any such period you may be unable to access any information you have stored on the Services. This may occur, for example, when we are conducting regular or emergency maintenance on the Services.
CSA is not obligated to monitor access to or use of the Services or to review or edit any content. However, we have the right to do so for the purpose of operating the Services, to ensure compliance with these TOS and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any content, including user content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider it objectionable or in violation of these TOS. If we have a reasonable belief that you have created multiple accounts or have associated the same digital asset wallet to multiple accounts, we reserve the right to disable all of your accounts and recover all the digital assets in such accounts or the value thereof. If you believe we have erroneously disabled your account, you may contact us at email@example.com. We have the right to investigate violations of these TOS or conduct that affects the Interface. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
The license is effective until terminated by you or CSA. Your rights under these TOS will terminate automatically without notice from CSA if you violate any terms listed in these TOS regardless of whether the violation is by, on behalf of or through you. Upon termination of the license, you shall cease all use of the Services and delete all copies of the Services.
You may, as the result of termination, lose your Services account and all information and data associated with it. You will not be entitled to any refund, reimbursement or other liability as a result of any termination permitted under these TOS for any reason, whether by you or CSA. CSA reserves the right to refuse to keep accounts for or provide access to the Services to anyone.
No Fiduciary Duties
The Services are not intended to, and do not, create or impose any fiduciary duties on CSA. To the fullest extent permitted by law, you acknowledge and agree that CSA owes no fiduciary duties or liabilities it or any other party, and that to the extent any such duties or liabilities may exist at law or in equity, those duties and liabilities are hereby irrevocably disclaimed, waived, and eliminated. You further agree that the only duties and obligations that CSA may owe are those set out expressly herein.
YOU ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND CSA HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. NO CSA PARTY WARRANTS THAT THE SERVICES, NFTS, OUR SERVERS OR E-MAIL SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CSA DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SERVICES, THAT THE FUNCTIONS CONTAINED IN OR FEATURES PERFORMED OR PROVIDED BY THE SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY CSA OR OUR AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSSES YOU INCUR AS THE RESULT OF YOUR USE OF ETHEREUM OR ANY OTHER BLOCKCHAIN NETWORK OR METAMASK OR ANY OTHER DIGITAL WALLET, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (A) USER ERROR, SUCH AS FORGOTTEN PASSWORDS OR INCORRECTLY CONSTRUED SMART CONTRACTS OR OTHER TRANSACTIONS; (B) SERVER FAILURE OR DATA LOSS; (C) CORRUPTED WALLET FILES; (D) 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, NETWORK OR WALLET.
Limitation of Liability
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL CSA BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, ERROR SUCH AS FORGOTTEN PASSWORDS, INCORRECTLY CONSTRUCTED TRANSACTIONS, OR MISTYPED WALLET ADDRESSES, SERVER FAILURE OR DATA LOSS, CRYPTOCURRENCY WALLETS OR CORRUPT FILES, UNAUTHORIZED ACCESS TO SERVICES, ANY THIRD PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION THE USE OF VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK AGAINST ANY BLOCKCHAIN NETWORK UNDERLYING THE SERVICES, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES) ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICES , HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF CSA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF FIFTY DOLLARS ($50.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. IN THE EVENT OF ANY FAILURE OF AN APP TO CONFORM TO ANY APPLICABLE WARRANTY ON A DEVICE PROVIDED BY APPLE, YOU MAY NOTIFY APPLE FOR A REFUND OF THE PURCHASE PRICE FOR THE APP. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, APPLE WILL HAVE NO OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE SERVICES.
By accessing and using the Services, you represent that you understand the inherent risks associated with using cryptographic and blockchain-based systems, and that you have a working knowledge of the usage and intricacies of digital assets such as bitcoin (BTC), ether (ETH), and other digital tokens such as those following the Ethereum Token Standard (ERC-20). You further understand that the markets for these digital assets are highly volatile due to factors including (but not limited to) adoption, speculation, technology, security, and regulation. You acknowledge that the cost and speed of transacting with cryptographic and blockchain-based systems are variable and may increase at any time. You further acknowledge the risk that your digital assets may lose some or all of their value while they are supplied to or from the Services. You further acknowledge that we are not responsible for any of these variables or risks and cannot be held liable for any resulting losses that you experience while accessing Interface. Accordingly, you understand and agree to assume full responsibility for all of the risks of accessing and using and interacting with the Services.
You acknowledge and agree that the mobile application store from which you obtained a CSA App or any Services available via the CSA App, including Apple and its subsidiaries, is a third-party beneficiary of these TOS, and that, upon your acceptance of the terms and conditions of these TOS, such store, including Apple, will have the right (and will be deemed to have accepted the right) to enforce these TOS against you as a third-party beneficiary thereof.
You acknowledge that, in the event of any user or third-party claim relating to the Services or your possession and use of the Services, the mobile application store from which you obtained the CSA App or any Services available via the CSA App (including Apple and Google Play) will not have any responsibility for the investigation, defense, settlement and discharge of any such claim. This includes but is not limited to: (a) product liability claims; (b) claims of failure to conform to any applicable legal or regulatory requirement; (c) claims arising under consumer protection or similar legislation; and (d) claims of infringement of a third party's intellectual property rights. However, nothing in these TOS limits our liability to you beyond what is permitted by applicable law.
You agree that we have no obligation to provide support relating to the Services. You further agree that the mobile application store from which you obtained a CSA App or Services available via the CSA App (including Apple and Google Play) has no obligation whatsoever to furnish any maintenance and support services with respect to the Services. We may provide limited support to users who contact us via the “Communications” section of these TOS below, however, we may discontinue such support at any time.
You agree that the CSA Apps and Sites may automatically download and install updates, upgrades and additional features that CSA deems reasonable, beneficial to you and/or reasonably necessary.
You may not use or otherwise export or re-export the Services except as authorized by United States law and the laws of the jurisdiction in which the Services was obtained. In particular, but without limitation, the Services may not be exported or re-exported (a) into any US-embargoed countries or a country designated by the US government as a “terrorist-supporting” country or (b) to anyone on the US Treasury Department's Specially Designated Nationals List or the US Department of Commerce Denied Persons List or Entity List. By using the Services, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by US law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.
US Government Users
The Services and related documentation are “Commercial Items,” as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to US Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished rights reserved under the copyright laws of the United States.
You agree that CSA may send e-mail to you for the purpose of informing you of upcoming events or offers, notifying you of changes to the Services, or for other purposes we deem appropriate.
Any questions relating to the Services should be sent as follows:
Galactic Waste Management Inc.
Mediation and Binding Arbitration
PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.
You may opt out of arbitration within a limited period. Please see “Opt-Out Right” below.
Informal Negotiation. You and CSA agree to attempt in good faith to resolve any Dispute before commencing arbitration. Unless you and CSA otherwise agree in writing, the time for informal negotiation will be 60 days from the date on which you or CSA provides written notice of the Dispute. You and CSA agree that neither will commence arbitration before the end of the time for informal negotiation.
Binding Arbitration. If informal negotiation is not effective, arbitration shall be conducted before a single arbitrator under the Commercial Rules of the American Arbitration Association (AAA), including the AAA’s Supplementary Procedures for Consumer Related Disputes. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Commercial Rules, Consumer Due Process Protocol and the Supplementary Procedures for Consumer Related Disputes. Unless the claim is for more than US$10,000, the arbitration shall be conducted solely through the submission of documents, by phone or online. The arbitrator shall make a decision in writing, and shall provide a statement of reasons if requested by either party. YOU UNDERSTAND AND ACKNOWLEDGE THAT BY AGREEING TO BINDING ARBITRATION, YOU ARE GIVING UP THE RIGHT TO LITIGATE (OR PARTICIPATE IN AS A PARTY OR CLASS MEMBER) ALL DISPUTES IN COURT BEFORE A JUDGE OR JURY. INSTEAD, YOU UNDERSTAND AND AGREE THAT ALL DISPUTES WILL BE RESOLVED BEFORE A NEUTRAL ARBITRATOR, WHOSE AWARD (DECISION) WILL BE BINDING AND FINAL, EXCEPT FOR A LIMITED RIGHT OF APPEAL UNDER THE FEDERAL ARBITRATION ACT. ANY COURT WITH JURISDICTION OVER THE PARTIES MAY ENFORCE THE ARBITRATOR'S AWARD. Nothing herein will prevent CSA or you from pursuing a claim in small claims court with applicable jurisdiction.
Limitation. You and CSA agree that any arbitration shall be limited to the Dispute between CSA and you individually. YOU AND CSA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and CSA agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. If this provision is determined to be unenforceable, then the entirety of this Mediation and Dispute Resolution section shall be null and void.
Opt-Out Right. You can reject and opt-out of this binding arbitration agreement within thirty (30) days of your first use the Services by emailing CSA at firstname.lastname@example.org with your first and last name and the e-mail address associated with your account and stating your intent to opt-out of the binding arbitration. Note that opting out of this arbitration agreement does not affect any other part of these TOS, including the provisions regarding controlling law or in which courts any disputes must be brought.
This section survives termination of these TOS.
The laws of the State of California, USA, excluding its conflicts of law rules, govern these TOS and your use of the Services. Your use of the Services may also be subject to other local, state, national, or international laws. In the event that the agreement above to arbitrate is not effective for any reason, you hereby agree to personal jurisdiction by and venue in the federal and state courts of Los Angeles, California, USA for all disputes in connection with these TOS or any dispute of any sort that might arise between you and us or our affiliates. We and you agree that the UN Convention on Contracts for the International Sale of Goods (Vienna, 1980) shall not apply to these TOS or to any dispute or transaction arising out of these TOS.
All Services hereunder are offered by Galactic Waste Management Inc., which may be reached at email@example.com or by physical mail at c/o Gamma Law, PO Box 136, San Francisco, CA 94104-0136 USA. The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 400 R St., Sacramento, California 95814.
If any of the terms or conditions of these TOS shall be deemed invalid, void or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining portion of these TOS.
Delay in Enforcement
No delay or failure to take action under these TOS shall constitute any waiver by us of any provision of these TOS.