Terms & Conditions
16th June 2017
Age of Chains Cards Purchase Agreement
Streamstars UG (haftungsbeschränkt)
By purchasing Age of Chains Cards, the Purchaser expressly agrees to all of the terms and conditions set forth in the accompanying Terms and Conditions of the Age of Chains Card Sale (the “Terms”), which is incorporated by reference herein, as well as the Age of Chains Purchase Agreement. All capitalized terms in this agreement will be given the same effect and meaning as in the Terms.
By purchasing Age of Chains Cards, the Purchaser:
❏ Represents and warrants that the Purchaser has an understanding of the usage and intricacies of cryptographic tokens, like bitcoin (BTC), and blockchain based software systems, and P2P networks in general.
❏ Represents and warrants that the Purchaser is legally permitted to purchase Age of Chains Cards in the Purchaser’s jurisdiction.
❏ Represents and warrants that Purchaser is not exchanging bitcoin (BTC) for Age of Chains Cards for the purpose of speculative investment; and
❏ Represents and warrants that the Purchaser is acquiring Age of Chains Cards for the use of collectible art or to facilitate development, testing, deployment and operation of Age of Chains.
Purchaser understands that there is no warranty whatsoever on Age of Chains Cards, express or implied, to the extent permitted by law, and that Age of Chains Cards are purchased on an “as is” basis. Purchaser also understands that the Company will not provide any refund of the purchase price for Age of Chains Cards under any circumstance.
Purchaser further agrees to accept sole risk for the purchase of Age of Chains Cards. The Purchaser recognizes that Age of Chains is presently being developed and may undergo significant changes before release.
Purchaser understands, that while the Company will make reasonable efforts to complete the Age of Chains software, it is possible that an official completed version of the Age of Chains may not be released and there may never be an operational Age of Chains game. It is also possible that even if the Company releases a completed version of the Age of Chains, due to a lack of public interest in Age of Chains itself, that Age of Chains could potentially be abandoned or shut down for lack of interest. Purchaser further recognizes that Age of Chains Cards may experience extreme volatility in pricing.
Purchaser understands that there will be a time period between the time of purchase of Age of Chains Cards in the Direct Sale and the inception of the Age of Chains game. Purchaser understands that there is no assurance that, if Age of Chains is launched, the software will be stable, or that the Age of Chains ecosystem will be robust.
THE PURCHASER ACKNOWLEDGES AND AGREES THAT, TO THE FULLEST EXTENT PERMITTED BY ANY APPLICABLE LAW, THE PURCHASER WILL NOT HOLD ANY OF THE STREAMSTARS UG (haftungsbeschränkt) TEAM, AGE OF CHAINS PARTIES OR THE COMPANY LIABLE FOR ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, AGE OF CHAINS UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY KIND IN ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE) AND THAT NONE OF THE STREAMSTARS TEAM, AGE OF CHAINS PARTIES OR THE COMPANY SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING FOR LOSS OF PROFITS, GOODWILL OR DATA, IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, OR PURCHASE OF, OR INABILITY TO PURCHASE, AGE OF CHAINS CARDS.
THE PURCHASER FURTHER SPECIFICALLY ACKNOWLEDGES THAT STREAMSTARS UG (haftungsbeschränkt) TEAM, AGE OF CHAINS PARTIES OR THE COMPANY ARE NOT LIABLE, AND THE PURCHASER AGREES NOT TO SEEK TO HOLD ANY OF THE STREAMSTARS UG (haftungsbeschränkt) TEAM, AGE OF CHAINS PARTIES OR THE COMPANY LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER PURCHASERS OF AGE OF CHAINS CARDS, AND THAT THE RISK OF PURCHASING AND USING AGE OF CHAINS CARDS RESTS ENTIRELY WITH THE PURCHASER . TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, UNDER NO CIRCUMSTANCES WILL ANY OF THE STREAMSTARS UG (haftungsbeschränkt) TEAM, AGE OF CHAINS PARTIES OR THE COMPANY BE LIABLE TO ANY PURCHASER FOR MORE THAN THE AMOUNT THE PURCHASER HAS PAID TO STREAMSTARS UG (haftungsbeschränkt) TEAM, AGE OF CHAINS PARTIES OR THE COMPANY FOR THE PURCHASE OF AGE OF CHAINS CARDS.
The Terms and the Age of Chains Cards Purchase Agreement govern the sale of Age of Chains Cards and supercede any public statements about the Card Sale made by third parties or by the Company, Streamstars UG (haftungsbeschränkt) Team or individuals associated with any of the Streamstars UG (haftungsbeschränkt) Team, Age of Chains Parties or the Company in past, present and future. The Company reserves the right, at its discretion, to change, modify, add, or remove portions of the Age of Chains Cards Purchase Agreement, at any time. by posting the amended agreement on the Age of Chains website (http://www.ageofchains.com/) or on Bitcointalk’s official thread). Any Purchaser will be deemed to have accepted such changes by purchasing Age of Chains Cards.
If at any point you do not agree to any portion of the the current version of the Age of Chains Cards Purchase Agreement, you should not purchase Age of Chains Cards. If a court or other tribunal determines that there is a conflict between the Age of Chains Cards Purchase Agreement and the Terms, the provisions of the Terms shall govern.
16th June 2017
Terms and Conditions of the Age of Chains Cards Sale
The following Terms and Conditions (“Terms”) govern the sale of the cryptographic token’s representing Age of Chains Cards to purchasers of Age of Chains Cards (“Purchasers” collectively, and “Purchaser” individually). Age of Chains Cards are required for making use of certain cards within the Age of Chains game, currently under development by Streamstars UG (haftungsbeschränkt) (“Company”). For information on Age of Chains please refer to http://www.ageofchains.com/ or on Bitcointalk’s official thread. Note that everything is still in working process, and is subject to changes.
The group of developers and other personnel that is now, or will be, employed by, or contracted with, the Company is termed the “Age of Chains Team.”
IMPORTANT: Ownership of Age of Chains Cards carries no rights express or implied. Purchases of Age of Chains Cards are nonrefundable.
Purchasers should have no expectation of influence over governance of the game. By participating in the sale of Age of Chains Cards, you expressly acknowledge and represent that you have carefully reviewed the Terms, as well as the Age of Chains Cards Purchase Agreement and fully understand the risks, costs, and benefits of purchasing Age of Chains Cards and agree to be bound by these Terms. As set forth further below, you further represent and warrant that, to the extent permitted by law, you are authorized to purchase Age of Chains Cards in your relevant jurisdiction, are of a legal age to be bound by these Terms, and will not hold the Company, its parent and affiliates, and the officers, directors, agents, joint ventures, employees and suppliers of the Company or our parent or affiliates, now or in the future and any other member of the Company (collectively the “Age of Chains Parties”) liable for any losses or any special, incidental, or consequential damages arising out of, or in any way connected to the sale of Age of Chains Cards.
WARNING: DO NOT PURCHASE AGE OF CHAINS CARDS IF YOU ARE NOT AN EXPERT IN DEALING WITH CRYPTOGRAPHIC TOKENS, BLOCKCHAIN BASED SOFTWARE SYSTEMS AND P2P NETWORKS.
Purchases of Age of Chains Cards, the Age of Chains game’s tokens, should be undertaken only by individuals, entities, or companies that have significant experience with, and understanding of, the usage and intricacies of cryptographic tokens, like bitcoin (BTC), and blockchain based software systems. Purchasers should have functional understanding of storage and transmission mechanisms associated with cryptographic tokens. While the Company will be available to assist Purchasers of Age of Chains Cards during and after the sale, the Company will not be responsible for lost BTC, XCP or Age of Chains Cards resulting from actions taken by, or omitted by Purchasers. If you do not have such experience or expertise, then you should not purchase Age of Chains Cards or participate in the direct sale of Age of Chains Cards.
Acceptance of Terms and Conditions of the Age of Chains Card Sale: By sending BTC or XCP to any of the Official Age of Chains Card selling Swapbots, the Purchaser: (i) consents and agrees to the Terms and the Age of Chains Cards Product Purchase Agreement; (ii) represents and warrants that the Purchaser is legally permitted to purchase Age of Chains Cards in the Purchaser’s jurisdiction; (iii) represents and warrants that the Purchaser is of a sufficient age to legally purchase Age of Chains Cards or has received permission from a legal guardian who has reviewed and agreed to these Terms; (iv) represents and warrants that the the Purchaser will take sole responsibility for any restrictions and risks associated with the purchase of Age of Chains Cards as set forth below; (v) represents and warrants that Purchaser is not exchanging bitcoin (BTC) or XCP for Age of Chains Cards for the purpose of speculative investment; (vi) represents and warrants that the Purchaser is acquiring Age of Chains Cards for the use of art collecting, or to facilitate development, testing, deployment and operation of the Age of Chains game; and (vii) represents and warrants that the Purchaser has an understanding of the usage and intricacies of cryptographic tokens, like BTC, and blockchain based software systems.
All Purchases of Age of Chains Cards Are Non-Refundable: ALL PURCHASES OF AGE OF CHAINS CARDS ARE FINAL. PURCHASES OF AGE OF CHAINS CARDS ARE NONREFUNDABLE. BY PURCHASING AGE OF CHAINS CARDS, THE PURCHASER ACKNOWLEDGES THAT NEITHER THE COMPANY NOR ANY OTHER OF THE AGE OF CHAINS PARTIES ARE REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT THE PURCHASER WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR ANY AGE OF CHAINS CARDS THAT ARE NOT USED AS TOKENS OR REMAIN UNUSED.
Taxation of Age of Chains Cards and Taxation Related to the Private Sale: Company and Age of Chains Parties makes no representations concerning the tax implications of the sale of Age of Chains Cards or the possession or use of Age of Chains Cards. The Purchaser bears the sole responsibility to determine if the purchase of Age of Chains Cards with BTC or XCP or the potential appreciation or depreciation in the value of Age of Chains Cards over time has tax implications for the Purchaser in the Purchaser’s home jurisdiction. By purchasing Age of Chains Cards, and to the extent permitted by law, the Purchaser agrees not hold any of the Streamstars UG (haftungsbeschränkt) Team, Age of Chains Parties or the Company liable for any tax liability associated with or arising from the purchase of Age of Chains Cards.
Disclaimer of Warranties: THE PURCHASER EXPRESSLY AGREES THAT THE PURCHASER IS PURCHASING AGE OF CHAINS CARDS AT THE PURCHASER’S SOLE RISK AND THAT AGE OF CHAINS CARDS ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EXCEPT ONLY TO THE EXTENT PROHIBITED UNDER APPLICABLE LAW WITH ANY LEGALLY REQUIRED WARRANTY PERIOD TO THE SHORTER OF THIRTY DAYS FROM FIRST USE OR THE MINIMUM PERIOD REQUIRED).
WITHOUT LIMITING THE FOREGOING, NONE OF THE STREAMSTARS UG (haftungsbeschränkt) TEAM, Age of Chains PARTIES OR THE COMPANY WARRANT THAT THE PROCESS FOR PURCHASING AGE OF CHAINS CARDS WILL BE UNINTERRUPTED OR ERROR FREE.
Limitations Waiver of Liability: THE PURCHASER ACKNOWLEDGES AND AGREES THAT, TO THE FULLEST EXTENT PERMITTED BY ANY APPLICABLE LAW, THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, AGE OF CHAINS CARDS OR THE AGE OF CHAINS GAME UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY KIND IN ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE) AND THAT NONE OF THE STREAMSTARS UG (haftungsbeschränkt) TEAM, AGE OF CHAINS PARTIES OR THE COMPANY SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING FOR LOSS OF PROFITS, GOODWILL OR DATA, IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, OR PURCHASE OF, OR INABILITY TO PURCHASE, AGE OF CHAINS CARDS.
THE PURCHASER FURTHER SPECIFICALLY ACKNOWLEDGES THAT STREAMSTARS UG (haftungsbeschränkt) TEAM, AGE OF CHAINS PARTIES OR THE COMPANY ARE NOT LIABLE,AND THE PURCHASER AGREES NOT TO SEEK TO HOLD ANY OF THE STREAMSTARS UG (haftungsbeschränkt) TEAM, AGE OF CHAINS PARTIES OR THE COMPANY LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER PURCHASERS OF AGE OF CHAINS CARDS, AND THAT THE RISK OF PURCHASING AND USING AGE OF CHAINS CARDS RESTS ENTIRELY WITH THE PURCHASER . TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, UNDER NO CIRCUMSTANCES WILL ANY OF THE STREAMSTARS UG (haftungsbeschränkt) TEAM, AGE OF CHAINS PARTIES OR THE COMPANY BE LIABLE TO ANY PURCHASER FOR MORE THAN THE AMOUNT THE PURCHASER HAVE PAID TO STREAMSTARS UG (haftungsbeschränkt), AGE OF CHAINS PARTIES OR THE COMPANY FOR THE PURCHASE OF AGE OF CHAINS CARDS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION AND ELSEWHERE IN THE TERMS MAY NOT APPLY TO A PURCHASER. IN PARTICULAR, NOTHING IN THESE TERMS SHALL AFFECT THE STATUTORY RIGHTS OF ANY PURCHASER OR EXCLUDE INJURY ARISING FROM ANY WILLFUL MISCONDUCT OR FRAUD OF STREAMSTARS UG (haftungsbeschränkt) TEAM, AGE OF CHAINS PARTIES OR THE COMPANY.
Complete Agreement: These Terms along with the Age of Chains Cards Product Purchase Agreement, sets forth the entire understanding between each Purchaser and the Company with respect to the purchase and sale of Age of Chains Cards. For facts relating to the sale and purchase, the Purchaser agrees to rely only on these two documents in determining purchase decisions and understands that these documents govern the sale of Age of Chains Cards and supercede any public statements about the Direct Sale made by third parties or by Streamstars UG (haftungsbeschränkt) Team or individuals associated with the Company or Age of Chains Parties, past and present and during the Direct Sale.
Severability: The Purchaser and the Company agree that if any portion of these Terms or the Age of Chains Cards Purchase Agreement is found illegal or unenforceable, in whole or in part, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the Terms or Age of Chains Cards Product Purchase Agreement, which shall continue to be in full force and effect.
No Waiver: The failure of the Company to require or enforce strict performance by the Purchaser of any provision of these Terms or the Age of Chains Cards Purchase Agreement or the Company failure to exercise any right under these agreements shall not be construed as a waiver or relinquishment of the Company right to assert or rely upon any such provision or right in that or any other instance. The express waiver by the Company of any provision, condition, or requirement of these Terms or the Age of Chains Cards Purchase Agreement shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement. Except as expressly and specifically set forth in this these Terms, no representations, statements, consents, waivers, or other acts or omissions by the Company shall be deemed a modification of these Terms nor be legally binding, unless documented in physical writing, hand signed by the Purchaser and a duly appointed officer, employee, or agent of the Company or Age of Chains Parties.
Updates to the Terms and Conditions of the Age of Chains Direct Sale: the Company reserves the right, at its sole discretion, to change, modify, add, or remove portions of the Terms and Age of Chains Cards Purchase Agreement, at any time during the sale by posting the amended Terms on the Age of Chains website (http://ageofchains.com/ or on Bitcointalk’s official thread or within the Official Age of Chains Swapbots). Any Purchaser will be deemed to have accepted such changes by purchasing Age of Chains Cards. The Terms may not be otherwise amended except in a signed writing executed by both the Purchaser and the Company. If at any point you do not agree to any portion of the the current version of the Terms, you should not purchase Age of Chains Cards. To the extent the Terms conflict with the Age of Chains Cards Purchase Agreement, the Terms shall govern.
The Direct Sale: You can participate in the Direct Sale by sending the respective amounts in BTC or XCP to the Official Age of Chains Swapbots. Please note that there will a be a time period between the time of purchase of Age of Chains Cards in the Direct Sale and the inception of the Age of Chains Game. If your funds are returned to you it is because all Age of Chains Cards have been sold and the Direct Sale has ended.
RISK FACTORS Virtual tokens & coins is a futuristic area that carries the potential of high risks. The primary risk factors but not the only ones, when buying Age of Chains Cards are the following:
a.) Loss of purchased Age of Chains Cards due to fraud, theft and hacking.
b.) Regulation risks.
c.) Risk of failure in the development of the game and/or its infrastructure (software, practices, technology).
d.) Financial risks.
e.) Risks of competition.
The risks listed above, and other risks of same or different nature, make the possibility for Age of Chains Cards to lose most or all of their value. You should not buy Age of Chains Cards with funds that you can’t afford to lose.
DISCLAIMERS
This Is Not a Currency, Stock or Equity: The Age of Chains Cards are virtual private tokens. Thus they are not “real equity” and carry no voting rights or any legally binding claim to any tangible or intangible assets. The digital tokens associated with Age of Chains Cards are intended only for accessing the ingame functionality of the acquired Age of Chains Cards within the Age of Chains software after its development is completed, and does not represent “security” or “equity” stake in this project.
Do not send bitcoins directly from an Exchange: If you send to Official Age of Chains Swapbots BTC from a wallet in which you do not control the private key (example Coinbase), then you will not be able to claim the Age of Chains Cards you purchased.
Law & jurisdiction: This offer is subject to the laws of the State of Germany & the jurisdiction is given to the appropriate court in Berlin Charlottenburg.
Note that even though the ingame functionality of the Age of Chains Cards will be done when the system will become functional, the purchaser now receives Age of Chains Cards as XCP based tokens that will be of functional use within the Age of Chains game in the future, and may require the buyer perform some technical actions to enable use of Age of Chains Cards within the Age of Chains game.
The rates and prices of this sale are detailed at:
https://bitcointalk.org/index.php?topic=1692890.msg16985810#msg16985810
Contacting Us
If you have any comments, questions, and/or suggestions, we will be happy to answer through email.
Yours sincerely,
The Streamstars UG (haftungsbeschränkt) Team.