Last updated April 27th, 2022
Some jurisdictions (which may include Quebec, Canada) do not allow mandatory arbitration, prohibitions against class actions or governing law and forums other than where the individual consumer is located. If you are located in one of these jurisdictions, the following sentence may not apply to you and you may have additional rights. These terms require the use of arbitration (Section 13) on an individual basis to resolve disputes, rather than jury trials or class actions, and also limit the remedies available to you in the event of a dispute.
1. The Platform
Users of the Platform will be able to access online gaming services and interactive games produced by Horizon (“Games”) and including the features available within each Game. To access Games, users of the Platform must sign up for an account (“Account”). Users with an Account (“Account Holder”) will need to provide a username and valid email to Horizon. Within each Game, Account Holders may earn virtual game-specific items or abilities represented by certain ERC-1155 blockchain tokens (“Gaming Tokens”) which are wholly owned, possessed, and controlled by the Account Holder. Account Holders may also purchase Gaming Tokens via a third party marketplace accessible within each Game.
1.1 Limited License Agreement
Horizon owns, has licensed, or otherwise has rights to use all of the content that appears in the Platform and on our Websites, including original artwork that appears within the Games (“Artwork”). Gaming Tokens do not grant any ownership rights over any Artwork or any of Horizon's other intellectual property. Each user acknowledges the rights attached to each Gaming Token do not exceed the grant of rights provided by these Terms.
Notwithstanding any provision to the contrary herein, you agree that you have no right to or title in any content that appears in the Platform, including without limitation the Artwork, or any other attributes associated with an Account.
Subject to these Terms, Horizon grants you a non-transferable, non-exclusive, revocable, limited license to use and access the Platform for your own personal and non-commercial use. Horizon reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with the Games, the Platform and the Websites. Users may display, copy or make use of any of the Artwork for commercial use only with the prior written consent of Horizon. For the avoidance of doubt, Users can play Skyweaver outside of the Platform using their Gaming Tokens in digital or printed format.
1.2 Platform Restrictions
The following restrictions apply to the use of the Platform:
- You represent and warrant that you are legally permitted to use the Services in your jurisdiction including owning Blockchain Assets and interacting with the Services in any way. You further represent you are responsible for ensuring compliance with the laws of your jurisdiction and acknowledge that Horizon is not liable for your compliance or non-compliance with such laws.
- You represent and warrant that you are not a person or entity identified on: (a) a list established under section 83.05 of the Criminal Code (Canada), any Regulations made under the United Nations Act (Canada), the Freezing Assets of Corrupt Foreign Officials Act (Canada), the Justice for Victims of Corrupt Foreign Officials Act (Canada), the Special Economic Measures Act (Canada) or any other Canadian statutes or regulations that take legislative measures against terrorist financing and against financial dealings with certain sanctioned individuals and entities; (b) a list of specially designated national and/or blocked persons maintained by the Office of Foreign Assets Control of the United States Treasury Department; (c) a list of denied persons or parties of concern maintained by the Bureau of Industry and Security of the United States Department of Commerce; or (d) any similar list promulgated by an official agency, ministry or department of the United States.
- You represent and warrant that you are not a resident of, or located in, any of the countries listed here Restricted Regions to which Canada or the United States has deemed a Prohibited Jurisdiction.
- You shall not access your Account or the Platform using a virtual private network or any similar tool that would allow you to circumvent any restriction that in this Section that would otherwise apply to your use of your Account or the Platform.
- You shall not engage in any automated use of the Platform or automated gameplay, including through the use of any code, software, scripts, robots, or similar automatic devices that are not expressly permitted by Horizon pursuant to these Terms.
- You shall not (or attempt to) purchase, sell, rent, or give away your Account, or create an Account using a false identity or information, or on behalf of someone other than yourself.
- You shall not use the Platform if your account has previously been removed by Horizon, or you have previously been banned from playing any Horizon game.
- You shall use your Account only for non-commercial purposes.
- You shall not use the Platform to advertise, solicit, or transmit any commercial advertisements, including spam or repetitive or misleading messages to anyone.
- You shall not post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive or engage in ongoing toxic behavior, such as by repeatedly posting information on an unsolicited basis.
- You shall not disrupt, interfere with, or otherwise adversely affect the normal flow of the Platform or otherwise act in a manner that may negatively affect other users' experience when using the Platform. This includes any kind of manipulation of rankings or taking advantage of errors to gain an unfair edge over other users and any other act that intentionally abuses or goes against the design of the Platform.
- You agree not to probe, scan, or test the vulnerability of the Websites or Skyweaver, or breach the security or authentication measures of the Websites or any part of the Services, except in connection with, and in accordance with the rules of, a Horizon sponsored bounty program.
Horizon reserves the right to determine, except where prohibited by applicable law, what conduct it considers to be in violation of these restrictions. Horizon reserves the right to take action as a result, which may include terminating your Account and prohibiting you from accessing the Platform in whole or in part.
1.3 Account Deletion
Horizon may delete your Account in accordance with Section 7 if we deem, except where prohibited by applicable law, in our sole discretion, your username or avatar to be offensive or inappropriate. You may permanently delete your Account on the Platform by clicking on “Profile Settings” in the Platform and choosing the option to delete. Deletion of your Account does not have any effect on your ownership of Blockchain Assets (defined below), which includes Gaming Tokens.
1.4 Use of Chat Rooms
1.5 User Interactions
You are solely responsible for your interactions with other users of the Platform and any other parties with whom you interact through the Platform. Horizon reserves the right, but has no obligation, to become involved in any way with these disputes. You will fully cooperate with Horizon to investigate any suspected unlawful, fraudulent or improper activity.
1.6 Gaming Tokens, Fees and Billing
Gaming Tokens, fees, and billing procedures may change over time. The existence of a particular offer for Gaming Tokens does not mean Horizon will maintain or continue to make available that particular Gaming Token or that particular offer. The scope, variety, and type of Gaming Tokens that you may obtain can change at any time and Horizon has the right to manage, regulate, control, modify, or remove any or all Gaming Tokens in our sole discretion, in which case, unless prohibited by applicable law, we will have no liability to you or anyone for the exercise of such rights. If any such change is unacceptable to you, your sole recourse is to terminate your account. Unless prohibited by applicable law, which may include the laws of Quebec, Canada, in which case we will effect such changes in accordance with such laws, your continued use of the Websites or Skyweaver after notice of the changes will indicate your acceptance of those changes. The price of Gaming Tokens on secondary markets may vary depending on a variety of factors including where or how you obtain them. The price and availability of Gaming Tokens on secondary markets may change without notice.
2. Wallet and Conversion Contract Terms
2.1 Wallet Terms
Account Holders will be required to have a Sequence Wallet in order to create an Account. The Sequence Wallet provides Account Holders with access to an interface allowing them to execute instructions directly on the Ethereum blockchain network (the “SequenceWallet”). The Sequence Wallet allows users to view balances for digital assets that are compatible with the Wallet (“Blockchain Assets”), initiate transfers and transactions involving Blockchain Assets, and as an authenticating account to access Skyweaver and other products and games. Your use of the Sequence Wallet will be governed by the terms located at https://sequence.build/terms and you must accept those terms before creating a Sequence Wallet and establishing an Account to play Skyweaver and other Games.
2.2 Conversion Contract
The Conversion Contract consists of a series of open source smart contracts published by Horizon that will allow a user to, in a self-directed process, lock one digital asset that conforms with the ERC-20 standard in exchange for the creation and transfer to the user of a digital asset with the same features that conforms with the ERC-1155 standard. All action executed through the Conversion Contract is directed by users and does not involve the intervention of Horizon. Users are responsible for executing the Conversion Contract and for the outcomes of such execution. Users agree and acknowledge that neither Horizon nor any other individual will have control over any digital assets locked in the smart contracts related to the Conversion Contract. Users may send instructions to the Conversion Contract through the user interface provided by the Skyweaver or directly through other means.
3. Non-Cash Games of Skill
Horizon may make available to Account Holders who play Skyweaver, two games of skill, neither of which award cash prizes: (a) a weekly leaderboard contest (“Weekly Contest”) and (b) asynchronous tournaments available from time to time (“Conquest Mode”) (together, the “Contests”).
3.2 Weekly Contest
(a) Method of Entry. All eligible Account Holders will be entered into the Weekly Contest automatically.
(b) Timing. The Weekly Contest begins at 14:00 UTC on Monday of every week starting Nov 25th 2021.
(c) Winner Determination. At 14:00 UTC on Monday of every week, the Platform will take a snapshot of the rankings of all players depending on the amount of games played and their ELO rating. Top ranked Account Holders in the snapshot will be considered a winner, as determined by Horizon in its sole discretion, and eligible for a prize. The chances of winning will depend on a player's skill level and, if playing constructed mode, available cards.
(d) Prizes. Each winner will be eligible to receive a prize based on their ranking. Prizes will consist solely of non-cash items and will automatically be delivered to the winner by Horizon. Prizes are intended for use primarily in gameplay to enhance the entertainment value of gameplay. Any costs or expenses incurred by the winning players in claiming or using their prizes will be the responsibility of the winners. Prizes must be accepted as awarded; no USDC or cash substitutes. The prizes for each rank will be determined by Horizon, in its sole discretion, on a periodic basis. Horizon reserves the right to discontinue Weekly Contests at any time for any reason.
3.3 Conquest Mode
(a) Method of Entry. There are two methods of entry into a Conquest Mode tournament: (a) entry by payment of an entry fee, to be determined by Horizon in its sole discretion, in the form of USDC or an equivalent amount of USD to Horizon; or (b) entry by an Account Holder's transfer of one Silver Card to a blockchain address designated by Horizon. Silver Cards used to enter Conquest will be burned, and will not be held or utilized by Horizon.
(b) Timing and Winner Determination.Tournaments in Conquest Mode are asynchronous and an individual tournament entrant begins a match once another player with the same number of victories enters the queue. At any point after a win has occurred between two players (a “Victory”), the winning player will continue play and the defeated player exits with the Rewards they have earned. The Tournament for each individual player ends after three consecutive Victories or when the player was defeated, whichever happens first. The chances of a Victory will depend on a player's available cards and skill level.
(c) Prizes. Players with at least one Victory are eligible to receive a prize. Prizes will consist solely of non-cash items and will automatically be delivered to the player by Horizon. Prizes are intended for use primarily in gameplay to enhance the entertainment value of gameplay. Any costs or expenses incurred by the winning players in claiming or using their prizes will be the responsibility of the winners. Prizes must be accepted as awarded; no USDC or cash substitutes. The prizes for each number of Victories will be determined by Horizon, in its sole discretion, on a periodic basis. Horizon reserves the right to discontinue Conquest Mode tournaments at any time for any reason.
Account Holders shall not: (a) cheat, employ fraud, or attempt to circumvent these Terms; (b) carry out any kind of spamming; (c) collude with or bribe other Account Holders; or (d) otherwise behave in a manner that Horizon deems, unless prohibited by applicable law, in its sole discretion, offensive or inappropriate. Such behavior will result in an Account Holder being permanently banned from all Contests.
3.5 Limitations of Liability
SOME JURISDICTIONS (WHICH MAY INCLUDE QUEBEC, CANADA) DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, INCLUDING LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE FOLLOWING LIMITATION MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS. Horizon is not responsible for: (a) any incorrect or inaccurate information, whether caused by Account Holders, errors, or by any of the equipment or programming associated with or utilized in the Contests; (b) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network, service providers, access providers, hardware or software; (c) unauthorized human intervention in any part of the Contests; or (d) technical or human error in the administration of the Contests or the delivery of the prizes. No more than the stated number of each prize will be awarded.
Horizon reserves the right to cancel or modify the Contests if, in its sole discretion, it determines that a Contest is not capable of running as originally planned for any reason (such as tampering or infection by computer virus, fraud, technical failures, printing or distribution errors, or any other causes or occurrences have compromised the fairness or integrity of the Contest).
3.6 Quebec, Canada
Any litigation respecting the conduct or organization of a publicity contest may be submitted to the Régie des alcools, des courses et des jeux for a ruling. Any litigation respecting the awarding of a prize may be submitted to the Régie only for the purpose of helping the parties reach a settlement.
4. Refund Policy
All purchases of Gaming Tokens or Conquest Mode entries are final and Horizon does not issue refunds.
Purchases of cryptocurrency using one of the third-party payment providers through the Sequence Wallet or using the Apple Store or Google Store are subject to the refund policy of the relevant third-party service provider. Links to those policies are provided below for your reference:
- Apple Media Services Terms and Conditions
- Google Play Terms of Service
- Ramp Payment Provider Terms of Service
- Wyre Payment Provider User Agreement
You are solely responsible for securing your login credentials and any device you use to access your Sequence Wallet. You understand that anyone who obtains your login credentials and access to your device may access your Sequence Wallet with or without your authorization and may transfer any blockchain assets accessible through your Sequence Wallet or engage in the unauthorized purchase of cryptocurrency. Horizon does not have control or have access to your Sequence Wallet and will not provide any refunds in the event of such an unauthorized purchase or transfer of assets.
For additional information regarding our refund policy, please see our Refunds FAQs,
5. Website Terms
5.1 Access to the Website
(a) License. Subject to these Terms, Horizon grants you a non-transferable, non-exclusive, revocable, limited license to use and access the Websites for your own personal and non-commercial use.
(b) Certain Restrictions. The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Websites, whether in whole or in part, or any content displayed on the Websites; (b) you shall not (directly or indirectly) modify, decipher, disassemble, reverse compile or reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services; (c) you shall not access the Websites in order to build a similar or competitive website, product, or service; (d) you shall not translate, or otherwise create derivative works, adaptations, translations or compilations of any part of the Services; (e) you shall not rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder; (f) you shall not frame or mirror any part of the Websites without Horizon's express prior written consent; (g) you shall not create a database by systematically downloading and storing content related to the Services; (h) you shall not use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, harvest, index, “scrape,” “data mine” or in any way gather content related to the Services or reproduce or circumvent the navigational structure or presentation of the Services without Horizon's express prior written consent; and (i) except as expressly stated herein, no part of the Websites may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Unless otherwise indicated, any future release, update, or other addition to functionality of the Websites shall be subject to these Terms. All copyright and other proprietary notices on the Websites (or on any content displayed on the Websites) must be retained on all copies thereof.
(c) Modification of the Websites. Horizon reserves the right, at any time, to modify, suspend, or discontinue the Websites (in whole or in part) with or without notice to you. You agree that Horizon will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Websites or any part thereof.
(d) No Support or Maintenance. You acknowledge and agree that Horizon will have no obligation to provide you with any support or maintenance in connection with the Websites, unless specifically contracted for under a separate agreement.
(e) Ownership. Excluding any User Content that you may provide (defined below), you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Websites and their content are owned by Horizon. Neither these Terms nor your access to the Websites transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in these Terms. Horizon reserves all rights not granted in these Terms. There are no implied licenses granted under these Terms.
5.2 Accuracy of Information
We attempt to ensure that the information that we provide on the Websites is complete, accurate and current. Despite our efforts, the information on Websites may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or correctness of any information on any Website.
5.3 Links to Third Party Website
The Websites, Platform, and Services may now or in the future contain links to third party websites. Where provided, these links are provided as a convenience to you. Horizon does not control and is not responsible for the content of such third-party websites or the conduct of the operators of such third-party websites, and we do not make any representations regarding the accuracy, copyright, or other statutory or regulatory compliance, legality, or decency of any of the content or other materials on such third-party websites. If you decide to access linked third-party websites, you do so at your own risk.
SOME JURISDICTIONS (WHICH MAY INCLUDE QUEBEC) DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, INCLUDING LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE FOLLOWING LIMITATION MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.
THE SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND HORIZON (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SERVICES, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.
HORIZON DOES NOT ENDORSE ANY OTHER THIRD PARTY AND SHALL NOT BE RESPONSIBLE IN ANY WAY FOR ANY TRANSACTIONS YOU ENTER INTO WITH OTHER USERS. YOU AGREE THAT HORIZON WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGES OF ANY SORT INCURRED AS THE RESULT OF ANY INTERACTIONS BETWEEN YOU AND OTHER USERS.
7. Terms and Termination
These Terms will remain in full force and effect while you use the Services. We may suspend or terminate your rights to use the Services at any time for any reason at our sole discretion, including for any use of the Services in violation of these Terms. Upon termination of your rights under these Terms, your right to access and use the Services will terminate immediately. You understand that any termination of your rights may involve removal of your User Content from our live databases. Horizon will not have any liability whatsoever to you for any termination of your rights under these Terms, including for deleting your account or blacklisting any network address you provide to us. Even after your rights under these Terms are terminated, the following provisions of these Terms will remain in effect: Section 1.1, Section 5.1, Section 6, Section 8, Section 9, Section 11 and Section 12.
8. Other Users
Each user is solely responsible for any and all of its own User Content. Because we do not control User Content and/or other third-party sites and resources, you acknowledge and agree that we are not responsible for the accuracy or availability of any User Content and materials and/or external sites or resources, whether provided by you or by others. We make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content. Your interactions with other users are solely between you and such users. You agree that Horizon will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any user, we are under no obligation to become involved.
SOME JURISDICTIONS (WHICH MAY INCLUDE QUEBEC, CANADA) DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, SO THE FOLLOWING LIMITATION MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS. You hereby release and forever discharge Horizon (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Services (including any interactions with, or act or omission of, other users or any Third-Party Links & Ads). IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
9. User Content
9.1 User Content
“User Content” means any and all information and content that a user submits to, or uses with, the Services (e.g., content in the avatar, username, private or public chats or forums), including Creator Content (defined below). You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that personally identifies you or any third party. You hereby represent and warrant that your User Content does not violate our Acceptable Use Policy (defined in Section 9.2). You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by Horizon. Because you alone are responsible for your User Content, you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. Horizon is not obligated to backup any User Content, and your User Content may be deleted at any time without prior notice. You are solely responsible for creating and maintaining your own backup copies of your User Content if you desire.
9.2 Acceptable Use Policy
The following terms constitute our “Acceptable Use Policy”:
(a) You agree not to use the Services to collect, upload, transmit, display, or distribute any User Content: (i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another's privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; (iii) that is harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.
(b) In addition, you agree not to: (i) upload, transmit, or distribute to or through the Services any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send through the Services unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) use the Services to harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Services, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Services (or to other computer systems or networks connected to or used together with the Services), whether through password mining or any other means; (vi) harass or interfere with any other user's use and enjoyment of the Services; or (vii) use software or automated agents or scripts to produce multiple accounts on the Services, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Services (provided, however, that we may conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from the Services for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials, subject to the parameters set forth in our robots.txt file).
We reserve the right (but have no obligation) to review any User Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person. Such action may include deleting your Account, blacklisting your Wallet address, and/or reporting you to law enforcement authorities.
If you provide Horizon with any feedback or suggestions regarding the Services (“Feedback”), you hereby assign to Horizon all rights in such Feedback and agree that Horizon shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. Horizon will treat any Feedback you provide to Horizon as non-confidential and non-proprietary. You agree that you will not submit to Horizon any information or ideas that you consider to be confidential or proprietary.
9.5 Creators Program
(a) Horizon offers an optional creators program (the “Creators Program”) whereby certain users approved by us (“Approved Creators”) will be provided with access to unique rewards and tools, as determined and made available by us in our sole discretion from time to time, to develop and publish Creator Content through the Services for use by the Approved Creator, Horizon, and other users of the Services. “Creator Content” includes any content, data, information, records or files, that you load, transmit to us or enter into the Services, or that you otherwise submit to us in connection with your participation in the Creators Program. All Creator Content is deemed to be included in the definition of User Content, as applicable. Users may apply to the Creators Program through our sign-up page available at https://www.skyweaver.net/community/creators-program/ and we reserve the right to approve or reject users for participation in the Creators Program in our sole discretion. Additionally, if we have approved any user to be an Approved Creator, we reserve the right to revoke that approval at any time in our sole discretion.
(b) Approved Creators hereby grant to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns, a fully paid up, perpetual, irrevocable, worldwide, royalty-free, non-exclusive, transferable and fully and sublicensable licence to access, collect, store and use any data, information, records or files that you, as an Approved Creator, load, transmit to, enter into, or that we collect from, the Services, including your personal information (collectively, “Creator Data”) to, without payment of any compensation or obligations to you: (i) develop, enhance and make available the Services; and (ii) produce data, information, or other materials that are not identified as relating to a particular individual or company (such data, information and materials, the “Aggregated Data”). We and our affiliates and service providers, and each of their and our respective licensees, successors and assigns are free to create, use and disclose Aggregated Data during and after your use of the Services for any purpose, expressly including commercial purposes, and without any compensation or obligations to you. Unless prohibited by applicable law, which may include the laws of Quebec, Canada, Horizon will not be liable for any failure to store, or for loss or corruption of, your Creator Data.
(d) When Approved Creators post, publish or otherwise make publicly available any Creator Content, Approved Creators grant (i) us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns, and (ii) each user of the Services, a fully paid up, perpetual, irrevocable, worldwide, royalty-free, non-exclusive, transferable and fully sublicensable licence to access, use, license, distribute, reproduce, edit, modify, adapt, publicly perform, publicly display, prepare derivative works from, derive revenue or other remuneration from, and otherwise disclose to third parties, the Creator Content (in whole or in part) for any purpose, including commercial purposes, and/or to incorporate it in other works in any form, media or technology now known or later developed, throughout the world without compensation to you, for the full term of any worldwide intellectual property right that may exist in the Creator Content, including after your cessation of your participation in the Creators Program and/or your termination of your account or the Services. Approved Creators waive any moral rights, author’s rights or other rights of authorship upon posting, publishing otherwise making publicly available any Creator Content.
(e) We reserve the right to remove, edit, limit, or block access to the Creator Data or the Creator Content at any time and from time to time, and to disable or terminate the Creators Program, in whole or in part, or your status as an Approved Creator in our sole discretion for any or no reason, including for any violation of any provision of these Terms and our Acceptable Use Policy. We have no obligation to display, publish, review or use your Creator Content.
(f) You, as an Approved Creator, understand and agree that you, and not Horizon, are fully responsible for all of the Creator Content, and you are fully responsible and legally liable, including to any third party, for such content and its accuracy. Horizon is not responsible or legally liable to any third party for the content or accuracy of any of the Creator Content or such content uploaded, posted, e-mailed, transmitted or otherwise made publicly available through the Services by any Approved Creators.
(g) You, as an Approved Creator, represent and warrant to us that: (i) the Creator Data and the Creator Content will only contain your own personal information or personal information in respect of which you have provided all necessary notices and disclosures, obtained all applicable third party consents and permissions and otherwise have all authority, in each case as required by applicable laws, to enable us to make available the Services and Handle the Creator Data as contemplated under these Term; (ii) you own or control the appropriate rights in and to the Creator Data and the Creator Content, including any intellectual property owned by third parties and including the right to grant the licenses to the Creator Content contained herein; and (iii) you will not submit, upload, or otherwise make available via the Services, any Creator Data or Creator Content that: (A) you do not have the rights necessary to use, post, publish or otherwise make publicly available, or to grant us the licenses as described herein; (B) infringe, misappropriate, or otherwise violate any rights of any third party, including intellectual property or publicity rights; or (C) breach or violate any applicable laws or these Terms.
(h) Approved Creators acknowledge and agree that they will not receive monetary remuneration or compensation from Horizon or any other party for participating in the Creators Program. Approved Creators acknowledge and agree that they are not an employee or independent contractor of Horizon for any purpose, including, but not limited to, applicable employment or labour standards legislation or workers compensation legislation, any of the regulations made pursuant thereto, or otherwise at law or in equity. Approved Creators are not and will not represent themselves to be an agent, joint venturer, partner, officer, director or employee of Horizon. Approved Creators agree not to make any representations or engage in any acts that could establish an apparent relationship of agency, joint venture, partnership or employment with Horizon. Nothing contained in these Terms creates nor will be construed as creating an employment relationship between Approved Creators and Horizon.
10. Disclaimers Regarding Gaming Tokens
You expressly acknowledge and agree that your participation in any Skyweaver game, and your receipt and possession of any Gaming Token, is voluntary and for entertainment purposes only.
You expressly acknowledge that Horizon is under no obligation, and you are in no way relying on Horizon, to promote, support, or improve Skyweaver, and that Horizon reserves the right to cease support for Skyweaver and to terminate the availability of Skyweaver at any time, and that Horizon may cease to sell or award new Gaming Tokens on Skyweaver.
You expressly acknowledge that your receipt, purchase, or possession of Gaming Tokens does not give you any rights in or claims against Horizon, that Gaming Tokens are not a financial or investment instrument of any kind, that Gaming Tokens may not have any real-world monetary value whatsoever, and that Horizon is not responsible for any value attributable to, or fluctuations or loss in the value of, Gaming Tokens.
While Horizon has taken a number of precautions to ensure the security of the Gaming Tokens, the Wallet and Conversion Contract, the technology is relatively new and it is not possible to guarantee that the code is 100% free from bugs or errors. Users accept all risks that arise from using the Wallet, the Gaming Tokens and the Conversion Contract, including but not limited to the risk of any funds being lost due to a failure of the Conversion Contract. Your Gaming Tokens may be lost, stolen, or otherwise rendered unusable due to bugs in smart contracts implementing the Game, the Wallet, the Conversion Contract, other wallets and the Ethereum network.
You agree to indemnify and hold Horizon (and its officers, employees, and agents) harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of: (i) your use of the Services; (ii) your violation of these Terms; (iii) your violation of applicable laws or regulations; or (iv) your User Content, expressly including, if applicable, Creator Content. Horizon reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Horizon. Horizon will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
12. Limitation on Liability
SOME JURISDICTIONS (WHICH MAY INCLUDE QUEBEC, CANADA) DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, INCLUDING LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE FOLLOWING LIMITATION MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL HORIZON BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE OF THE SERVICES, EVEN IF HORIZON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SERVICES IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.
HORIZON SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING OUT OF YOUR FAILURE TO KEEP YOUR PRIVATE KEYS OR LOGIN CREDENTIALS TO YOUR WALLET SECURE OR ANY OTHER UNAUTHORIZED ACCESS TO OR TRANSACTIONS INVOLVING YOUR WALLET.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF FIFTY US DOLLARS (U.S. $50). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.
13. Dispute Resolution
Please read this section carefully. It is part of your contract with Horizon and affects your rights. You and Horizon are each considered “Parties” for the purpose of this section. SOME JURISDICTIONS (WHICH MAY INCLUDE QUEBEC, CANADA) DO NOT ALLOW MANDATORY ARBITRATION, PROHIBITIONS AGAINST CLASS ACTIONS OR GOVERNING LAW AND FORUMS OTHER THAN WHERE THE CONSUMER IS LOCATED. IF YOU ARE LOCATED IN ONE OF THESE JURISDICTIONS, THE FOLLOWING MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.
If any dispute occurs between the Parties relating to the application, interpretation, implementation or validity of these Terms, the Parties agree to seek to resolve the dispute or controversy through mediation with Canadian Arbitration Association before pursuing any other proceedings. Nothing herein shall preclude any Party from seeking injunctive relief in the event that the Party perceives that without such injunctive relief, serious harm may be done to the Party. Any Party to the dispute may serve notice on the others of its desire to resolve a particular dispute by mediation. The mediator shall be appointed by agreement between the Parties or, if the Parties cannot agree within five days after receipt of the notice of intention to mediate, the mediator will be appointed by Canadian Arbitration Association. The mediation will be held at Toronto, Ontario, Canada. The Parties agree to attempt to resolve their dispute at mediation. The costs of the mediator shall be shared equally by the Parties. If the dispute has not been resolved within thirty days of the notice of desire to mediate, any Party may terminate the mediation and proceed to arbitration as set out below.
Subject to the mediation provisions set out above, if any dispute or controversy occurs between the Parties relating to the interpretation or implementation of any of the provisions of this Agreement, the dispute will be resolved by arbitration at Canadian Arbitration Association pursuant to the general Canadian Arbitration Association Rules for Arbitration. Any Party may serve notice of its desire to refer a dispute to arbitration. The arbitration shall be conducted by a single arbitrator. The arbitration shall be held in Toronto, Ontario, Canada. The arbitration shall proceed in accordance with the provisions of the Arbitration Act (Ontario). The decision arrived at by the arbitrator shall be final and binding and no appeal shall lie therefrom. Judgement upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The costs of the arbitrator shall be divided equally between the Parties.
Horizon is located in Ontario, Canada. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
15. Electronic Communications
The communications between you and Horizon use electronic means, whether you use the Services or send us emails, or whether Horizon posts notices on the Services or communicates with you via email. For contractual purposes, you: (i) consent to receive communications from Horizon in an electronic form; and (ii) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Horizon provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing. The foregoing does not affect your non-waivable rights.
16. Governing Law and Jurisdiction
SOME JURISDICTIONS HAVE CONSUMER PROTECTION AND OTHER LEGISLATION WHICH MAY APPLY TO THE SERVICES AND WHICH DO NOT ALLOW CERTAIN PROVISIONS SUCH AS RESTRICTIONS ON GOVERNING LAW OR JURISDICTION, LIMITATIONS OF LIABILITY AND EXCLUSION OF CERTAIN WARRANTIES, AMONG OTHERS. TO THE EXTENT THAT A RESTRICTION ON GOVERNING LAW OR JURISDICTION, LIMITATION, EXCLUSION, RESTRICTION OR OTHER PROVISION SET OUT BELOW IS SPECIFICALLY PROHIBITED BY APPLICABLE LAW, SUCH LIMITATION, EXCLUSION, RESTRICTION OR PROVISION MAY NOT APPLY TO YOU.
These Terms and any dispute or claim arising out of or in connection with their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Ontario Canada. You agree that the courts of Ontario Canada shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with the subject matter or formation (including non-contractual disputes or claims) of these Terms.
If you are located outside of the United States or Canada, you use or access the Services solely at your own risk. The Services may not be appropriate or available for use in some jurisdictions. Horizon and its partners do not represent or warrant that the Services or any part thereof is appropriate or available for use in any particular jurisdiction other than the United States or Canada. In choosing to access the Services, you do so on your own initiative and at your own risk, and you are responsible for complying with all local laws, rules and regulations.
17.1 Entire Terms
These Terms constitute the entire agreement between you and us regarding the use of the Services. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation.” If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. You confirm that you are acting on your own behalf and not for the benefit of any other person. Your relationship to Horizon is that of an independent contractor, and neither party is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Horizon's prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Horizon may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.
Unless otherwise required by applicable laws, which may include the laws of Quebec, Canada, if applicable (in which case, we will make changes in accordance with such laws), these Terms are subject to occasional revision. If we make any substantial changes, you will be prompted to review those changes and click to accept the updated Terms when you next log in to your Account. These changes will be effective upon your acceptance of the updated Terms. In addition, continued use of our Services following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
A waiver by Horizon of any right or remedy under these Terms shall only be effective if it is in writing, executed by a duly authorized representative of Horizon and shall apply only to the circumstances for which it is given. Our failure to exercise or enforce any right or remedy under these Terms shall not operate as a waiver of such right or remedy, nor shall it prevent any future exercise or enforcement of such right or remedy. No single or partial exercise of any right or remedy shall preclude or restrict the further exercise of any such right or remedy or other rights or remedies.
17.4 Copyright and Trademark Information
Copyright © 2020 Horizon Blockchain Games Inc. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Services are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
17.5 Contact Information
You may contact us at any time regarding these Terms at [email protected].