Charity Giveaway

Terms and Conditions - Elementons
Giveaway
Terms and Conditions - Elementons

Terms of Service
Elementons Terms of Service
Last Updated: July 8, 2022.
Elementons is a distributed application that runs on the Ethereum network, using specially-developed smart contracts (each, a “Smart Contract”) to enable users to purchase, adopt, train, trade, and battle their portfolio of digitally unique critters, which can then be visualized on a Site that the user can interact with (the “Site”). The Smart Contracts and the Site are collectively referred to in these Terms as the “App”. Using the App, users can view their critters and use the Smart Contracts to acquire, trade, and battle critters with other App users.
One Earth Rising P.B.C. ("OER", "we", or "us") is making the App available to you. Before you use the App, the Smart Contracts, or the Site, however, you will need to agree to these Terms of Service and any terms and conditions incorporated herein by reference (collectively, these “Terms"). 
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE APP, THE SMART CONTRACTS, OR THE SITE. THESE TERMS GOVERN YOUR USE OF THE APP, THE SMART CONTRACTS, AND THE SITE, UNLESS WE HAVE EXECUTED A SEPARATE WRITTEN AGREEMENT WITH YOU FOR THAT PURPOSE. WE ARE ONLY WILLING TO MAKE THE APP, THE SMART CONTRACTS, AND THE SITE AVAILABLE TO YOU IF YOU ACCEPT ALL OF THESE TERMS. BY USING THE APP, THE SMART CONTRACTS, THE SITE, OR ANY PART OF THEM, OR BY CLICKING “I ACCEPT” BELOW OR INDICATING YOUR ACCEPTANCE IN AN ADJOINING BOX, YOU ARE CONFIRMING THAT YOU HAVE READ THE TERMS AND UNDERSTAND AND AGREE TO BE BOUND BY ALL OF THESE TERMS. IF YOU ARE ACCEPTING THESE TERMS ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE LEGAL AUTHORITY TO ACCEPT THESE TERMS ON THAT ENTITY’S BEHALF, IN WHICH CASE “YOU” WILL MEAN THAT ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT ACCEPT ALL OF THESE TERMS, THEN WE ARE UNWILLING TO MAKE THE APP, THE SMART CONTRACTS, OR THE SITE AVAILABLE TO YOU. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE APP, THE SMART CONTRACTS, OR THE SITE.
OER reserves the right to change, modify, add or remove any of these Terms at any time for any reason. We suggest that you review these terms periodically for changes. Such changes shall be effective immediately upon posting on the Site. You acknowledge that by accessing Site or the App after we have posted changes to these terms, you are agreeing to such modified terms.


1. Our Elementons.
1.1. Elementons is a next-gen online video game where users can adopt one-of-a-kind, digital, collectible called Elementons. Upon purchase or adoption of a PurposeCritter, users will be able to access the Elementons platform and train and battle their Elementons through an online comcritterition. 
1.2. Users may buy and trade their Elementons in the in-game marketplace to add to their collection and may battle their Elementons and have team battles of up to 3 Elementons. As users battle and train their Elementons, Elementons will be able to level up, and become more experienced and evolve into stronger Elementons. 
1.3.  We have utilized Smart Contracts to develop our initial generation of Elementons. We will release a certain number of Elementons at periodic intervals and make them available for purchase.  The Elementons will be in the form of non-fungible tokens. 
1.4. Users may be eligible to receive rewards (in the form of free Elementons, Experience Points, and other rewards) for their active participation on the App. These rewards may be distributed from time to time at our sole and absolute discretion, as a form of incentive for influencers and “early-bird” purchasers of Elementons, as the App continues to grow through increased participation of all users. OER can cease to give rewards at any time at our sole and absolute discretion, or choose to issue rewards to some and not all users.

1.5. No promises of future performance or value are or will be made in respect to the Elementons, including no promise of inherent value, no promise of continuing payments, and no guarantee that the Elementons will hold any particular value. You purchase, capture and collect the Elementons on the App for your personal entertainment, play or leisure.

2. The App.
2.1. The App is powered by the underlying Ethereum blockchain network with integrated smart contract functionalities which enables direct and transparent transactions to occur. The App is our blockchain infrastructure solution to the common trust issues with the centralized systems by utilizing the decentralized systems created by the multiple stakeholders in the Ethereum code-base network.

2.2. Ethereum (“ETH”) is used as the designated form of in-game currency to purchase products and services within the Elementons Platform.. 

2.3. To most easily use the App, you must first install the Google Chrome web browser. Once you have installed Chrome, you will need to install a browser extension called MetaMask. MetaMask is an electronic wallet, which allows you to purchase (either directly via Coinbase if you are in the United States, or via other third party sites), store, and engage in transactions using Ethereum cryptocurrency. You will not be able to engage in any transactions on the App other than through MetaMask (or other Ethereum-compatible browsers). The App will only recognize you as a user, and you will only be able to interact with the App, if your Ethereum electronic wallet is connected and unlocked through your MetaMask account. There is no other way to sign up as a user, or to interact directly with the App.
2.4. Transactions that take place on the App are managed and confirmed via the Ethereum blockchain. You understand that your Ethereum public address will be made publicly visible whenever you engage in a transaction on the App.
2.5. We neither own nor control MetaMask, Coinbase, Google Chrome, the Ethereum network, or any other third party site, product, or service that you might access, visit, or use for the purpose of enabling you to use the various features of the App. We will not be liable for the acts or omissions of any such third parties, nor will we be liable for any damage that you may suffer as a result of your transactions or any other interaction with any such third parties.
2.6. You must provide accurate and complete registration information when you create an account for the App. By creating an account, you agree to provide accurate, current and complete account information about yourself, and to maintain and promptly update as necessary your account information. You are responsible for the security of your account and your MetaMask wallet (and other Ethereum wallets and accounts). If you become aware of any unauthorized use of your password or of your account with us, you agree to notify us immediately at support@Elementons.co
4. Use of the Elementons game, the Site, and the App.

4.1. These Terms apply to all users of the Elementons game, Site and the App. By using the Site in any manner, including but not limited to visiting or browsing the Site, you agree to observe and be bound by these Terms and the additional terms and conditions and policies referenced in these Terms.

4.2. The Site or the App may allow users to enable trading of Elementons or other tradable items with other users and you may be charged a fee for such transactions. You acknowledge that your decision to enter into any trade of Elementons or other tradable items is at your sole discretion and your own risk. OER only provides an online marketplace for Elementons owners to exchange Elementons or any tradeable items for Elementons or ETH. We do not screen trading partners and we make no guarantee that a trade will be satisfactory or that trades will be a fair exchange of value between the parties to that trade. We reserve the right to determine in our sole discretion, with or without notice, what and when Elementons or other tradable items may be traded between and among PurposeCritter owners. Non-tradable items cannot be traded under any circumstances.


4.3. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, revocable (with or without cause), non-transferable right and license to use the App to play the Elementons Game. You shall use the App in accordance with these Terms and shall not: (i) copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, interfere with, or disrupt the integrity or the performance of the App; (ii) make any modification, adaptation, improvement, enhancement, translation or derivative work to the App; (iii) violate any applicable laws, rules or regulations in connection with your access or use of the App; (iv) use the App in violation of or to circumvent any sanctions or embargo; (v) use the App for any purpose for which it is not designed or intended; (vi) use the App to create or promote a product, service or software that is, directly or indirectly, comcritteritive with or in any way a substitute for the App or any services, product or platform offered by the OER; (vii) use any of our proprietary information or interfaces or any other intellectual property in the design, development, manufacture, licensing or distribution of any application, accessories or devices for use with the App; (viii) use the App to send, post, or otherwise communicate any content which is offensive, indecent, threatening, abusive, insulting, harassing, defamatory, libellous, deceptive, fraudulent, tortious, obscene, profane, invasive of another person’s privacy, or racially, ethnically or otherwise objectionable; (ix) use the App to send automated, unsolicited or unauthorized messages, advertising or promotional material or any junk mail, spam or chain letters; (x) upload to, or transmit through the App any data, file, software or link that contains or redirects to a virus, Trojan horse, worm or other harmful components; (xi) use any scraper, robot, bot, spider, crawler or any other automated device or means to access, acquire, copy or monitor any portion of the App, or any data or content found or access through the App; (xii) collect any information in respect of other users without their consent; (xiii) commit any act to avoid paying any applicable fees or charges; or (xiv) authorize or encourage anyone to do any of the foregoing.
5. Fees and Payment.
5.1. If you elect to purchase, trade, or battle Elementons on the Site, App, or with or from other users via the Site or App, any financial transactions that you engage in will be conducted solely through the Ethereum network via MetaMask. We will have no insight into or control over these payments or transactions, nor do we have the ability to reverse any transactions. With that in mind, we will have no liability to you or to any third party for any claims or damages that may arise as a result of any transactions that you engage in via the Site, App, or using the Smart Contracts, or any other transactions that you conduct via the Ethereum network or MetaMask.
5.2. Ethereum requires the payment of a transaction fee (a “Gas Fee”) for every transaction that occurs on the Ethereum network. The Gas Fee funds the network of computers that run the decentralized Ethereum network. This means that you will need to pay a Gas Fee for each transaction that occurs via the Site or App.
5.3. In addition to the Gas Fee, each time you utilize a Smart Contract to conduct a transaction with another user via the App, you authorize us to collect a commission ranging from 3.25% to 4.00%, calculated at our discretion, of the total value of that transaction (each, a “Commission”). You acknowledge and agree that the Commission will be transferred directly to us through the Ethereum network as part of your payment. We will not collect a Commission for interactions that do not involve our App marketplace.
5.4. As between us, you will be solely responsible to pay any and all sales, use, value-added and other taxes, duties, and assessments (except taxes on our net income) now or hereafter claimed or imposed by any governmental authority (collectively, “Taxes”) associated with your use of the App (including, without limitation, any Taxes that may become payable as the result of your ownership, transfer, or breeding of any of your Elementons). Except for income taxes levied on OER, you: (i) will pay or reimburse us for all national, federal, state, local or other taxes and assessments of any jurisdiction, including value added taxes and taxes as required by international tax treaties, customs or other import or export taxes, and amounts levied in lieu thereof based on charges set, services performed or payments made hereunder, as are now or hereafter may be imposed under the authority of any national, state, local or any other taxing jurisdiction; and (ii) shall not be entitled to deduct the amount of any such taxes, duties or assessments from payments made to us pursuant to these Terms.
5.5. You agree, represent, and warrant that all cryptocurrency in your wallet, vault or other storage mechanisms you use for purposes of purchasing, collecting, exchanging or trading the Elementons now, or in the future on the Site or the App, are not the direct or indirect proceeds of any criminal or fraudulent activity.
6. Ownership; Restrictions.
6.1. You acknowledge and agree that we (or, as applicable, our licensors) own all legal right, title and interest in and to all elements of the Site and App, and all intellectual property rights therein. The visual interfaces, graphics (including, without limitation, all art and drawings associated with the Elementons), design, systems, methods, information, computer code, software, services, “look and feel”, organization, compilation of the content, code, data, and all other elements of the App (collectively, the “Elementons Materials”) are owned by OER, and are protected by copyright, trade dress, patent, and trademark laws, international conventions, other relevant intellectual property and proprietary rights, and applicable laws.  All Elementons Materials are the copyrighted property of OER or its licensors, and all trademarks, service marks, and trade names contained in the Elementons Materials are proprietary to OER or its licensors. Except as expressly set forth herein, your use of the Site or App does not grant you ownership of or any other rights with respect to any content, code, data, or other materials that you may access on or through the Site or App. We reserve all rights in and to the Elementons Materials not expressly granted to you in the Terms. For the sake of clarity, you understand and agree: (i) that your “purchase” of a PurposeCritter, whether via the App or otherwise, does not give you any rights or licenses in or to the Elementons Materials (including, without limitation, our copyright in and to the art and drawings associated with that PurposeCritter) other than those expressly contained in these Terms; and (ii) that you do not have the right to reproduce, distribute, or otherwise commercialize any elements of the Elementons Materials (including, without limitation, our copyright in and to the art and drawings associated with that CrytpoCritter) in any way without our prior written consent in each case, which consent we may withhold in our sole and absolute discretion. Notwithstanding the above, you will have the right to use, own, and transfer your ERC721 Elementons assets, so long as you do not recreate or reproduce such assets for profit. 
6.2. You may choose to submit comments, bug reports, ideas or other feedback about the App, including without limitation about how to improve the App (collectively, “Feedback”). By submitting any Feedback, you agree that we are free to use such Feedback at our discretion and without additional compensation to you, and to disclose such Feedback to third parties (whether on a non-confidential basis, or otherwise). You hereby grant us a percritterual, irrevocable, nonexclusive, worldwide license under all rights necessary for us to incorporate and use your Feedback for any purpose.
6.3. You agree that you are responsible for your own conduct while accessing or using the App, and for any consequences thereof. You agree to use the App only for purposes that are legal, proper and in accordance with these Terms and any applicable laws or regulations. By way of example, and not as a limitation, you may not, and you may not allow any third party to: (i) send, upload, distribute or disseminate any unlawful, defamatory, harassing, abusive, fraudulent, obscene, or otherwise objectionable content; (ii) distribute viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other items of a destructive or deceptive nature; (iii) impersonate another person (via the use of an email address or otherwise); (iv) upload, post, transmit or otherwise make available through the App any content that infringes the intellectual proprietary rights of any party; (v) use the App to violate the legal rights (such as rights of privacy and publicity) of others; (vi) engage in, promote, or encourage illegal activity (including, without limitation, money laundering); (vii) interfere with other users’ enjoyment of the App; (viii) exploit the App for any unauthorized commercial purpose; (ix) modify, adapt, translate, or reverse engineer any portion of the App; (x) remove any copyright, trademark or other proprietary rights notices contained in or on the App or any part of it; (xi) reformat or frame any portion of the App; (xii) display any content on the App that contains any hate-related or violent content or contains any other material, products or services that violate or encourage conduct that would violate any criminal laws, any other applicable laws, or any third party rights; (xiii) use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the App or the content posted on the App, or to collect information about its users for any unauthorized purpose; (xiv) create user accounts by automated means or under false or fraudulent pretenses; or (xv) access or use the App for the purpose of creating a product or service that is comcritteritive with any of our products or services.
7. Termination.
7.1. You may terminate these Terms at any time by canceling your account on the Site or App and discontinuing your access to and use of the Site or App. You will not receive any refunds if you cancel your account, or otherwise terminate these Terms. You agree that we, in our sole discretion and for any or no reason, may terminate these Terms and suspend and/or terminate your account(s) for the App. You agree that any suspension or termination of your access to the App may be without prior notice, and that we will not be liable to you or to any third party for any such suspension or termination. If we terminate these Terms or suspend or terminate your access to or use of the App due to your breach of these Terms or any suspected fraudulent, abusive, or illegal activity, then termination of these Terms will be in addition to any other remedies we may have at law or in equity. 
7.2. Upon any termination or expiration of these Terms, whether by you or us, you may no longer have access to information that you have posted on the App or that is related to your account, and you acknowledge that we will have no obligation to maintain any such information in our databases or to forward any such information to you or to any third party. 
8. Disclaimers.
8.1. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR ACCESS TO AND USE OF THE APP IS AT YOUR SOLE RISK, AND THAT THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE, OUR SUBSIDIARIES, AFFILIATES, AND LICENSORS MAKE NO EXPRESS WARRANTIES AND HEREBY DISCLAIM ALL IMPLIED WARRANTIES REGARDING THE APP AND ANY PART OF IT (INCLUDING, WITHOUT LIMITATION, THE SITE, ANY SMART CONTRACT, OR ANY EXTERNAL SITES), INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, CORRECTNESS, ACCURACY, OR RELIABILITY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE, OUR SUBSIDIARIES, AFFILIATES, AND LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (I) YOUR ACCESS TO OR USE OF THE APP WILL MEET YOUR REQUIREMENTS, (II) YOUR ACCESS TO OR USE OF THE APP WILL BE UNINTERRUPTED, TIMELY, RELIABLE, CURRENT, SECURE, FREE FROM ERROR, OR DEFECTS IN THE APP WILL BE CORRECTED, (III) USAGE DATA PROVIDED THROUGH THE APP WILL BE ACCURATE, (III) THE APP OR ANY CONTENT, SERVICES, OR FEATURES MADE AVAILABLE ON OR THROUGH THE APP ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (IV) THAT ANY DATA THAT YOU DISCLOSE WHEN YOU USE THE APP WILL BE SECURE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

8.2. THE PURPOSECRITTER TOKENS ARE OFFERED ON AN "AS IS" AND ON AN "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS, WARRANTIES, PROMISES OR GUARANTEES WHATSOEVER OF ANY KIND BY OER AND YOU SHALL RELY ON YOUR OWN EXAMINATION AND INVESTIGATION THEREOF. THE PURPOSECRITTER TOKENS MAY HAVE NO RIGHTS, USES, PURPOSE, ATTRIBUTES, FUNCTIONALITIES OR FEATURES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY USES, PURPOSE, ATTRIBUTES, FUNCTIONALITIES OR FEATURES ON THE Elementons GAME. OER DOES NOT GUARANTEE AND IS NOT REPRESENTING IN ANY WAY TO YOU THAT THE PURPOSECRITTER TOKENS HAVE ANY VALUE. YOU ACKNOWLEDGE, UNDERSTAND AND AGREE THAT YOU SHOULD NOT EXPECT AND THERE IS NO GUARANTEE OR REPRESENTATION MADE BY OER THAT YOU WILL RECEIVE ANY PRODUCT, SERVICE, RIGHTS, ATTRIBUTES, FUNCTIONALITIES, FEATURES OR ASSETS OF ANY KIND WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DIGITAL ASSETS NOW OR IN THE FUTURE.

8.3. YOU EXPRESSLY UNDERSTAND AND ACCEPT THAT WE CANNOT REPRESENT AND WARRANT THAT ACQUIRING THE PURPOSECRITTER WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT THE PURPOSECRITTER ARE RELIABLE AND ERROR-FREE. AS A RESULT, YOU ACKNOWLEDGE AND UNDERSTAND THAT YOU MAY NEVER RECEIVE A PURPOSECRITTER AND MAY LOSE THE ENTIRE AMOUNT OF CRYPTOCURRENCY YOU TRANSFERRED TO OER. 

8.4. YOUR PURCHASE OF Elementons AND THE PURPOSECRITTER TOKENS THEMSELVES ARE NOT SECURITIES, COMMODITIES INTERESTS, SWAPS ON EITHER SECURITIES OR COMMODITIES OR A FINANCIAL INSTRUMENT OF ANY KIND. RECEIVING A PURPOSECRITTER IS NOT SUBJECT TO THE PROTECTIONS OF ANY LAWS GOVERNING THOSE TYPES OF FINANCIAL INSTRUMENTS. YOU SHOULD NOT ACQUIRE Elementons FOR INVESTMENT PURPOSES AND Elementons ARE NOT DESIGNED FOR INVESTMENT PURPOSES AND SHOULD NOT BE CONSIDERED AS A TYPE OF INVESTMENT. YOU ACKNOWLEDGE AND AGRES THAT YOU ARE NOT ACQUIRING Elementons FOR PURPOSES OF INVESTMENT, SPECULATION, AS SOME TYPE OF ARBITRAGE STRATEGY, FOR IMMEDIATE RESALE OR OTHER FINANCIAL PURPOSES.

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

8.6. WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSSES YOU INCUR AS THE RESULT OF YOUR USE OF THE ETHEREUM NETWORK OR THE METAMASK ELECTRONIC 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, BRUTEFORCING OR OTHER MEANS OF ATTACK AGAINST THE APP, ETHEREUM NETWORK, OR THE METAMASK ELECTRONIC WALLET.

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

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

8.9. OER IS NOT RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSSES ARISING FROM ANY DELAY IN UPDATING OR THE FAILURE TO UPDATE THE BLOCKCHAIN AND SMART CONTRACTS IN A TIMELY MANNER. TIMING OF BLOCK PRODUCTION IS DETERMINED BY PROOF OF WORK SO BLOCK PRODUCTION CAN OCCUR AT RANDOM TIMES. FURTHER, THE BLOCKCHAIN IS PRONE TO PERIODIC CONGESTION DURING WHICH TRANSACTIONS CAN BE DELAYED OR LOST. INDIVIDUALS MAY ALSO INTENTIONALLY SPAM THE BLOCKCHAIN NETWORK IN AN ATTEMPT TO GAIN AN ADVANTAGE IN DONATING CRYPTOCURRENCY. YOU ACKNOWLEDGE AND UNDERSTAND THAT THESE BLOCKCHAINS MAY NOT INCLUDE YOUR TRANSACTION AT THE TIME YOU EXPECT OR YOUR TRANSACTION MAY NOT BE INCLUDED AT ALL. AS A RESULT, YOU MAY NOT RECEIVE THE PURPOSECRITTER ON THE SAME CONDITIONS AS WAS OFFERED ON THE MOMENT OF TRANSFERRING CRYPTOCURRENCY, OR YOU MAY NOT RECEIVE THE EXPECTED MARKET VALUE FOR THE PURPOSECRITTER OR ANY OTHER ASSET, AS WAS OFFERED ON THE MOMENT OF MAKING A TRANSFER. 

8.10. THE Elementons PLATFORM IS A DECENTRALIZED APPLICATION BUILT ON THE ETHEREUM NETWORK, AND THUS, OER DOES NOT GUARANTEE THE PURCHASE, ADOPTION, COLLECTION, AND DELIVERY OF THE Elementons, AND NOR SHALL OER BE RESPONSIBLE FOR ANY FAULTY TRANSACTIONS OR INCORRECT PRICES THAT MAY OCCUR ON THE APP OR SITE. 

8.11. OER EXPRESSLY DISCLAIMS ANY AND ALL RESPONSIBILITY FOR ANY DIRECT OR CONSEQUENTIAL LOSS OR DAMAGE OF ANY KIND WHATSOEVER ARISING DIRECTLY OR INDIRECTLY FROM: (I) RELIANCE ON ANY INFORMATION CONTAINED IN THIS DOCUMENT, (II) ANY ERROR, OMISSION OR INACCURACY IN ANY SUCH INFORMATION OR (III) ANY ACTION RESULTING THEREFROM, (IV) THE PURCHASE, CAPTURE, COLLECTION OR RESALE OF THE Elementons.

9. Limitation of Liability.
9.1. YOU UNDERSTAND AND AGREE THAT WE, OER, OUR SUBSIDIARIES, AFFILIATES, AND LICENSORS WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES OF ANY KIND WHICH YOU MAY INCUR, HOWSOEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF REVENUE, INCOME, PROFITS (WHETHER INCURRED DIRECTLY OR INDIRECTLY), LOSS OF GOODWILL OR BUSINESS REPUTATION, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR ANY OTHER INTANGIBLE LOSS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE.
9.2. YOU UNDERSTAND AND AGREE THAT WE, OER, OUR SUBSIDIARIES, AFFILIATES, AND LICENSORS WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND WHICH YOU MAY INCUR, HOWSOEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, NOW OR IN THE FUTURE, ARISING OUT OF OR IN ANY WAY RELATED TO THE SALE, ADOPTION, TRADE, OR COLLECTION OF THE Elementons OR DUE TO LOSS OF ANY PRIVATE KEYS OR LOSS OF PASSWORDS IN RELATION TO THE Elementons, THE APP, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE.
9.3. YOU AGREE THAT OUR TOTAL, AGGREGATE JOINT LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR ACCESS TO OR USE OF (OR YOUR INABILITY TO ACCESS OR USE) ANY PORTION OF THE APP OR SITE, WHETHER IN CONTRACT, TORT (WHETHER ACTIVE, PASSIVE, OR IMPUTED), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, IS LIMITED TO THE GREATER OF (A) THE AMOUNTS YOU ACTUALLY PAID US UNDER THESE TERMS IN THE 12 MONTH PERIOD PRECEDING THE DATE THE CLAIM AROSE, OR (B) $100.
9.4. YOU ACKNOWLEDGE AND AGREE THAT WE HAVE MADE THE APP AVAILABLE TO YOU AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN, WHICH REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN THE PARTIES AND FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN US. WE WOULD NOT BE ABLE TO PROVIDE THE APP TO YOU WITHOUT THESE LIMITATIONS.
9.5. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND SOME JURISDICTIONS ALSO LIMIT DISCLAIMERS OR LIMITATIONS OF LIABILITY FOR PERSONAL INJURY FROM CONSUMER PRODUCTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO PERSONAL INJURY CLAIMS.
9.6. OER SHALL NOT BE LIABLE FOR FAILURE TO PERFORM DUE TO FORCE MAJEURE EVENTS INCLUDING, BUT NOT LIMITED TO, ACTS OF GOD, LABOR DUSPUTES, UNAVOIDABLE CASUALTY, DELAYS IN DELIVERY OF MATERIALS, EMBARGOES, GOVERNMENT ORDERS, ELECTRICAL, TELECOMMUNICATIONS, HARDWARE, SOFTWARE OR OTHER UTILITY FAILURES, SOFTWARE OR SMART CONTRACT BUGS OR WEAKNESSES, EARTHQUAKES, STORMS, OR OTHER NATURE-RELATED EVENTS, BLOCKAGES, EMBARGOES, RIOTS, ACTS OF TERRORISM OR WAR, TECHNOLOGICAL CHANGE, CHANGES IN INTEREST RATES OR OTHER MONETARY CONDITIONS, CHANGES TO ANY BLOCKCHAIN-RELATED PROTOCOL, ACTS OF CIVIL OR MILITARY AUTHORITIES, ACTS BY COMMON CARRIERS, EMERGENCY CONDITIONS, OR ANY SIMILAR UNFORESEEN EVENT THAT RENDERS PERFORMANCE COMMERCIALLY IMPLAUSIBLE. 
9.7. OER SHALL NOT BE LIABLE TO YOU FOR ANY LOSSES ARISING FROM ANY DELAY IN UPDATING OR THE FAILURE TO UPDATE THE BLOCKCHAIN AND SMART CONTRACTS IN A TIMELY MANNER. TIMING OF BLOCK PRODUCTION IS DETERMINED BY PROOF OF WORK SO BLOCK PRODUCTION CAN OCCUR AT RANDOM TIMES. FURTHER, THE BLOCKCHAIN IS PRONE TO PERIODIC CONGESTION DURING WHICH TRANSACTIONS CAN BE DELAYED OR LOST. INDIVIDUALS MAY ALSO INTENTIONALLY SPAM THE BLOCKCHAIN NETWORK IN AN ATTEMPT TO GAIN AN ADVANTAGE IN DONATING CRYPTOCURRENCY. YOU ACKNOWLEDGE AND UNDERSTAND THAT THESE BLOCKCHAINS MAY NOT INCLUDE YOUR TRANSACTION AT THE TIME YOU EXPECT OR YOUR TRANSACTION MAY NOT BE INCLUDED AT ALL. AS A RESULT, YOU MAY NOT RECEIVE THE PURPOSECRITTER ON THE SAME CONDITIONS AS WAS OFFERED ON THE MOMENT OF TRANSFERRING CRYPTOCURRENCY, OR YOU MAY NOT RECEIVE THE EXPECTED MARKET VALUE FOR THE PURPOSECRITTER OR ANY OTHER ASSET, AS WAS OFFERED ON THE MOMENT OF MAKING A TRANSFER. 

10. Assumption of Risk.
10.1 You accept and acknowledge each of the following:
10.1.1. The prices of blockchain assets are extremely volatile. Fluctuations in the price of other digital assets could materially and adversely affect the value of your Elementons, which may also be subject to significant price volatility. We cannot guarantee that any purchasers of Elementons will not lose money.
10.1.2. You are solely responsible for determining what, if any, taxes apply to your Elementons-related transactions. OER is not responsible for determining the taxes that apply to your transactions on the App, the Site, or the Smart Contracts.
10.1.3. The App does not store, send, or receive Elementons. This is because Elementons exist only by virtue of the ownership record maintained on the App’s supporting blockchain in the Ethereum network. Any transfer of Elementons occurs within the supporting blockchain in the Ethereum network, and not on the App.
10.1.4. There are risks associated with using an Internet-based currency or product, including, but not limited to, the risk of hardware, software and Internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to information stored within your wallet. You accept and acknowledge that OER will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the Ethereum network, however caused.
10.1.5. The regulatory regime governing blockchain technologies, cryptocurrencies, and tokens is uncertain, and new regulations or policies may materially adversely affect the development of the Elementons ecosystem, and therefore your Elementons.
10.1.6. Upgrades by Ethereum to the Ethereum platform, a hard fork in the Ethereum platform, or a change in how transactions are confirmed on the Ethereum platform may have unintended, adverse effects on all blockchains using the ERC-20 standard, including the Elementons ecosystem.
10.1.7. You are responsible for implementing reasonable measures for securing the wallet, vault or other storage mechanism you use to purchase, trade or collect the Elementons on the App, including any requisite private key(s) or other credentials necessary to access such storage mechanism(s). If your private key(s) or other access credentials are lost, you may lose access to your Elementons. OER is not and shall not be responsible for any such losses.
10.1.8. Losses arising from any delay in updating or the failure to update the blockchain and smart contracts in a timely manner may occur. Further, the blockchain is prone to periodic congestion during which transactions can be delayed or lost. As such, these blockchains may not include your transaction at the time you expect or your transaction may not be included at all. As a result, you may not receive the PurposeCritter on the same conditions as was offered on the moment of transferring cryptocurrency, or you may not receive the expected market value for the PurposeCritter or any other asset, as was offered on the moment of making a transfer.

11. Representations and Warranties. 
11.1. By purchasing, adopting, trading, and collecting the Elementons on the App, you represent and warrant that:

11.1.1. You have sufficient understanding of and experience with cryptographic tokens (in particular ETH), smart contracts, token storage mechanisms (such as token wallets), and blockchain technology to understand these Terms and to understand the risks and implications of purchasing, adopting, trading, battling, and collecting the Elementons using ETH, and are able to bear the risks thereof, including loss of all amounts paid and loss of Elementons and/or their market value;

11.1.2. You have read and understand these Terms (including all Annexures);

11.1.3. You have obtained sufficient information about the OER, and the Elementons to make an informed decision to purchase, adopt, trade and collect the CyptoCritters;

11.1.4. You are not purchasing, adopting, trading, or collecting the Elementons for any uses or purposes other than to participate in the App and subsequent game features on the Site.

11.1.5. Your purchase, capture and collection of the Elementons comply with applicable law and regulation in your jurisdiction, including, but not limited to, (i) legal capacity and any other threshold requirements in your jurisdiction for use and payment of ETH, and entering into contracts with the OER, (ii) any foreign exchange or regulatory restrictions applicable to such purchase, and (iii) any governmental or other consents that may need to be obtained;

11.1.6. You will comply with any applicable tax obligations in your jurisdiction arising from your purchase, adoption, trade, and collection of the Elementons if required; 

11.1.7. If you are purchasing, capturing or collecting the Elementons on behalf of any individual or entity, you are authorized to accept these Terms on such individual’s or entity’s behalf and that such individual or entity will be responsible for breach of these Terms by you or such individual or any other employee or agent of such entity;

11.1.8. Any funds, being virtual currency, cryptocurrency, digital coins or fiat funds converted to, you uses to purchase Elementons are not derived from or related to any unlawful activities, including but not limited to money laundering or terrorist financing, and you will not use the Elementons or the App to finance, engage in, or otherwise support any unlawful activities; and
11.1.9. Upon Company’s request, you will immediately provide to OER information and documents that Company, in its sole discretion, deems necessary or appropriate to comply with any laws, regulations, rules or agreements, including without limitation judicial process. Such documents include, but are not limited to, passport, driver’s license, utility bills, photographs of associated individuals, government identification cards, or sworn statements. You consent to OER disclosing such information and documents in order to comply with applicable laws, regulations, rules or agreements. You acknowledge that OER may refuse to distribute Elementons to you until such requested information is provided.  
12. Indemnification
12.1.To the fullest extent permitted by applicable law, you agree to hold harmless, defend, and indemnify OER and its subsidiaries, affiliates, officers, agents, contractors, consultants, service proiders, employees, advertisers, licensors, suppliers or partners from and against any and all claims, demands, actions, costs, expenses, liability, losses, damages (actual and consequential) of any kind or nature, suit, judgment, litigation cost, and attorneys’ fees arising out of or in any way related to (i) your breach of these Terms or your responsibilities and obligations under these Terms, (ii) your misuse of the App, (iii) your violation of applicable laws, rules or regulations in connection with your access to or use of the App, (iv) your violation of any rights of any other person or entity, (v) any act or omission by you that is negligent, unlawful, or constitutes willful misconduct, or (vi) your purchase, trade, adoption, or collection of Elementons.  
12.2. You agree that OER will have the right to exercise sole control over the control of the defense or settlement of any such claims, at your expense. 
13. External Sites.
The App may include hyperlinks to other web sites or resources (collectively, “External Sites”), which are provided solely as a convenience to our users. We have no control over any External Sites. You acknowledge and agree that we are not responsible for the availability of any External Sites, and that we do not endorse any advertising, products or other materials on or made available from any External Sites. If you access and use any third-party Sites, products, services, platforms and/or business, you do so solely at your own risk for which OER will bear no liability. Furthermore, you acknowledge and agree that we are not liable for any loss or damage which may be incurred as a result of the availability or unavailability of the External Sites, or as a result of any reliance placed by you upon the completeness, accuracy or existence of any advertising, products or other materials on, or made available from, any External Sites.
14. Changes to the App.
14.1. We may make changes to the Terms from time to time. OER may revise the Terms from time to time in any circumstances, including but not limited to: (a) changes in the type of cryptocurrency used for the purchase of Elementons; (b) changes in the pricing and features of the Elementons; and (c) any other changes that may be required from time to time following changes to business practices, industry developments, or new regulatory requirements.

14.2. When we make changes, we will make the updated Terms available on the App and update the “Last Updated” date at the beginning of these Terms accordingly. Please check these Terms periodically for changes. Any changes to the Terms will apply on the date that they are made, and your continued access to or use of the App after the Terms have been updated will constitute your binding acceptance of the updates.  If you do not agree to any revised Terms, you may not access or use the App.
15. Age Restrictions.
You affirm that you are over the age of 13, as the App is not intended for children under 13. IF YOU ARE 13 OR OLDER BUT UNDER THE AGE OF 18, OR THE LEGAL AGE OF MAJORITY WHERE YOU RESIDE IF THAT JURISDICTION HAS AN OLDER AGE OF MAJORITY, THEN YOU AGREE TO REVIEW THESE TERMS WITH YOUR PARENT OR GUARDIAN TO MAKE SURE THAT BOTH YOU AND YOUR PARENT OR GUARDIAN UNDERSTAND AND AGREE TO THESE TERMS. YOU AGREE TO HAVE YOUR PARENT OR GUARDIAN REVIEW AND ACCEPT THESE TERMS ON YOUR BEHALF. IF YOU ARE A PARENT OR GUARDIAN AGREEING TO THE TERMS FOR THE BENEFIT OF A CHILD OVER 13, THEN YOU AGREE TO AND ACCEPT FULL RESPONSIBILITY FOR THAT CHILD’S USE OF THE APP, INCLUDING ALL FINANCIAL CHARGES AND LEGAL LIABILITY THAT HE OR SHE MAY INCUR.
16. Privacy Policy.
Our Privacy Policy describes the ways we collect, use, store and disclose your personal information, and is hereby incorporated by this reference into these Terms. You agree to the collection, use, storage, and disclosure of your data in accordance with our Privacy Policy.
18. Dispute Resolution; Arbitration.
18.1. Please read this Section 18 carefully. It requires you to arbitrate disputes with OER and limits the manner in which you can seek relief from us. 
18.2. All disputes and claims arising out of or in connection with these Terms, including without limitation your access or use of the App, the Site, or the Smart Contracts, or to any products sold or distributed through the App, the Site, or the Smart Contracts, will be referred to and finally resolved by arbitration under the rules of Arbitration of the International Chamber of Commerce. The appointing authority will be the International Chamber of Commerce. The case will be adjudicated by a single arbitrator and will be administered by the International Chamber of Commerce in accordance with its applicable rules. Each party will cover its own fees and costs associated with the arbitration proceedings. The place of arbitration will be Washington D.C., USA. You may choose to have the arbitration conducted by telephone, based on written submissions. The language of the arbitration will be English. The award of the arbitrator will be final and binding, and any judgment on the award rendered by the arbitrator may be entered in any court of comcritterent jurisdiction. Notwithstanding the foregoing, OER may seek and obtain injunctive relief in any jurisdiction in any court of comcritterent jurisdiction, and you agree that these Terms are specifically enforceable by OER through injunctive relief and other equitable remedies without proof of monetary damages.
18.3. WITH RESPECT TO ANY DISPUTE ARISING OUT OF OR RELATED TO THESE TERMS, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THE APP, THE SITE, THE SMART CONTRACTS, OR ANY PRODUCTS SOLD OR DISTRIBUTED THROUGH THE APP, THE SITE, OR THE SMART CONTRACTS: (I) YOU HEREBY EXPRESSLY GIVE UP YOUR RIGHT TO HAVE A TRIAL BY JURY; AND (II) YOU HEREBY EXPRESSLY GIVE UP YOUR RIGHT TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS IN ANY LAWSUIT, INCLUDING BUT NOT LIMITED TO CLASS ACTION LAWSUITS INVOLVING ANY SUCH DISPUTE.
19. Miscellaneous.
19.1. Entire Agreement. These Terms constitute the entire legal agreement between you and OER, govern your access to and use of the App, and completely replace any prior or contemporaneous agreements between the parties related to your access to or use of the App, whether oral or written. 
19.2. No Partnership or Joint Venture. There are no third-party beneficiaries to these Terms. The parties are independent contractors, and nothing in these Terms nor does the use of the App create any agency, partnership, or joint venture. 
19.3. Title and Subtitles. The titles and subtitles used in these Terms are used for convenient reference only and are not to be considered in construing or interpreting these Terms. 
19.4. Assignment. You may not assign any or your rights or obligations under these Terms, whether by operation of law or otherwise, without our prior written consent. We may assign our rights and obligations under these Terms in our sole discretion to an affiliate, or in connection with an acquisition, sale or merger. 
19.5. Severability. If any term, clause or provision of these Terms is held unlawful, void or unenforceable, then that term, clause or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these Terms. Should any part of these Terms be held invalid or unenforceable, that portion shall be construed consistent with applicable law. 
19.6. Waiver. Our failure to enforce any provision of these Terms will not be deemed a waiver of such provision, nor of the right to enforce such provision.  
19.7. Governing Law. These Terms will be governed by and construed in accordance with the laws of Delaware, USA and the federal laws of USA applicable therein, without regards to any conflict of law rules and principles. Subject to Section 18, any legal action or proceeding arising under these Terms will be brought exclusively in the federal or provincial courts located in Delaware, USA, and the parties irrevocably consent to the personal jurisdiction and venue there. 
19.8. Notices. You agree that we may provide you with notices (including, without limitation those regarding changes to these Terms) by email, regular mail, or postings on the App. By providing us with your email address, you consent to our using the email address to send you any notices required by law in lieu of communication by postal mail.


Privacy Policy
Elementons Privacy Policy
Last Updated: July 30, 2018

Elementons is a next-gen video game where players can adopt, train, battle, and trade their portfolio of digitally unique critters. Created by OER Inc., Elementons allows players to purchase and own one-of-a-kind digital collectibles that can be ported across multiple platforms and games. 

OER is committed to protecting and respecting your privacy. This Privacy Policy (this “Policy”) sets out how we collect, store, use, process, and disclose personal information about you when you use our specially-developed smart contracts to adopt, train, battle, and trade our unique critters, when you visit our website at www.Elementons.co, when you use our mobile app, when you play our game, (collectively referred to in this Policy as playing the “Game”) or when you otherwise do business or make contact with us. Playing the Game and providing us with your personal data, you acknowledge and agree that we can collect, use, disclose, and process your information as described in this Policy.

By visiting, accessing, using, or playing the Game, you have indicated that you are at least eighteen (18) years old, have the legal capacity to consent to this Policy, and to agree to be bound by the policies and practices of this Policy in their entirety. 

1. What information do we collect?
1.1. OER collects data to enable us to operate the Game effectively, and to provide you with the best experiences on our website, app, and our Game. You provide some of this data to us directly, such as when you register to use our Game, subscribe to a newsletter, respond to a survey, make an enquiry through our website, contact us for support, or contact us as a prospective user, vendor, supplier, or consultant. We get some of your data by recording how you interact with our website, our app, and our Game by, for example, using technologies like cookies. We also obtain and process data in the context of making the Game available to you.
1.2. The data we collect depends on the context of your interactions with OER, and the choices you make (including your privacy settings). If you choose to play the Game, you consent to allowing OER to collect information about your activities and trends through the Game. Such information may include (a) Device Information: Information that is automatically collected about your device and how you and your device interact with OER and our Game, such as, but not limited to, your browser’s name and technical information about your means of connection to the Game, in particular hardware, operating system, browser, among other similar information; (b) Location Information: Information that is automatically collected via analytics systems providers to determine your location, including your IP address and/or domain name and any external page that referred you to us; (c) Log Information: Information that is generated by your use of the website that is automatically collected and stored in our server logs. This may include, but is not limited to, device-specific information, location information, access times, system activity and any internal and external information related to the websites that you visit; and (d) Account Information: Information that is generated by your account activity on the website including, but not limited to, purchase activity, trading activity, deposits, withdrawals, and account balances (collectively, “User Information”). This information is aggregated to provide statistical data about our users' browsing actions and patterns, and does not personally identify individuals.

1.3. You expressly agree and acknowledge that OER may collect and store your personal information including but not limited to your email address, name, phone number, Metamask wallet address, username, password, and any additional information or documentation for verification at our discretion (collectively, “Personal Data”).

1.4. You acknowledge that your Personal Data or User Information may be used by OER to provide services and features targeted at you, that are most likely to meet your needs, and to customize and improve the website and the experiences of you and other users of the website (but these other users will not see or have access to your User Information).

1.5. You are aware that any and all information pertaining to you, collected by OER, whether or not directly provided by you to OER (via the website or otherwise), including but not limited to,  personal correspondence such as emails or letters, instructions from you relating to the services, communications with us via third-party social media sites, or communications between you and other users, as well as information that you provide to us in correspondence with respect to ongoing customer support, may be collected and compiled by the OER and you hereby expressly consent to the same.

1.6. We may also collect or otherwise be provided with Personal Data or User Information about you from third parties whose websites you visit or whose services you use, including but not limited to, social media platforms, where you may have authorized such websites and platforms to collect and share your User Information.

1.7. You have choices about the data we collect. When you are asked to provide personal data, you may decline. But if you choose not to provide data that is necessary to enable us to make the Game available to you, you may not be able to sign up for or play the Game. 
2. What do we use your information for?
2.1 We use the Personal Data or User Information we collect to operate our business, and to make the Game available to you. This includes the following, for which the legal basis is that the processing is necessary for the legitimate interests of OER:
2.1.1. Generally. We use the Personal Data or User Information to respond to your enquiries and requests relating to our Game, to create and administer your account, and to provide us with information and access to resources that you have requested from us. We also use data for general business purposes, including, among other things, to improve customer service, to help us improve the content and functionality of our Game, to better understand our users, to protect against wrongdoing, to enforce our Terms of Use, and to generally manage our business. 
2.1.2. Providing and improving our Game. We use the data to provide the Game to you, to improve the Game, and to perform essential business operations. This includes operating the Game, maintaining and improving the performance of the Game, developing new features, conducting research, and providing customer support. Examples of such uses include (a) Providing the Game: We use the Personal Data or User Information to carry out your transactions with us and to make the Game available to you. In certain cases, the Game may include personalized features and recommendations to enhance your enjoyment, and automatically tailor your experience based on the data we have about you; (b) Technical support: We use the Personal Data or User Information to diagnose problems, and to provide customer care and other support services; and (c) Improving the Game: We use the Personal Data or User Information to continually improve, personalize, and enhance our website and our Game, including system administration, system security, and adding new features or capabilities.
2.1.3. Business Operations. We use the Personal Data or User Information to develop aggregate analyses and business intelligence that enable us to operate, protect, evaluate, make informed decisions, and report on the performance of our business.
2.1.4. Promotions. We may use the Personal Data or User Information to administer contests, promotions, surveys, or other site features.
2.1.5. Improving Advertising Campaigns. We may use the Personal Data or User Information to improve our advertising campaigns, primarily in an effort to prevent targeting you with advertisement that are not relevant to you.
2.1.6 Sending Periodic Emails. We may use the Personal Data or User Information to send you periodic emails. Depending on the marketing preferences you select on your privacy dashboard, we may send you occasional marketing emails about our Game, which you can unsubscribe from at any time using the link provided in the message. 
2.1.7. Communications. We use the Personal Data or User Information we collect to communicate with you, and to personalize our communications with you. For example, we may contact you to discuss your account; to give you information about the Game; to remind you about features of the Game that are available for your use; to update you about a support request; to communicate about promotions, upcoming events, and other news about products and services offered by us and our selected partners; to send information including confirmations, invoices, technical notices, updates, confirmations, security alerts and support and administrative messages; to respond to comments and questions and provide customer service; or to invite you to participate in a survey. Additionally, you can sign up for email subscriptions, and choose whether you want to receive marketing communications from us. 

2.1.8. Security. We use the Personal Data or User Information we collect to monitor the usage of the website, and conduct automated and manual security checks of the Game; to protect, investigate, and deter against fraudulent, unauthorized, or illegal activity; and to conduct anti-fraud, anti-money laundering, countering of terrorist financing, and identity verification and authentication Know-Your-Customer checks. You authorize us to share your Personal Data or User Information with our third-party service providers, when applicable, who may also conduct their own searches about you.

2.1.9. Reporting. We use the Personal Data or User Information we collect to create aggregated and anonymized reporting data about OER and the Game.

2.2. We may share the information we collect with third parties who need to access it in order to do work on our behalf, including doing things like helping us make the Game available, or providing analytics services for us. We work hard to ensure that these third parties only access and use your information as necessary to perform their functions.

3. How do we protect your information?
3.1. We take safeguarding your information seriously and we are committed to protecting the User Information and Personal Data we collect. We protect the User Information and Personal Data in our possession or under our control by implementing reasonable and practical procedural, physical, and electronic safeguards to protect the User Information and Personal Data from unauthorized access, loss, theft, misuse, disclosure, copying, damage, modification, destruction or similar.  

3.2. We implement a variety of security measures to maintain the safety of your User Information and Personal Data when you enter, submit, or access your information. We offer the use of a secure server. All supplied sensitive information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our gateway providers database only to be accessible by those authorized with special access rights to such systems, and are required to keep the information confidential. 

3.3. Unfortunately, however, no data transmission over the internet or data storage system can be guaranteed to be completely secure. As such, you agree and acknowledge that the above-mentioned measures do not guarantee absolute protection and by accessing the website, you agree to assume all risks associated with disclosure of personal information arising due to breach of firewalls and secure server software.

4. How do we ensure that our processing systems remain confidential, resilient, and available?
4.1. We implement a variety of measures to ensure that our processing systems remain confidential, resilient, and available. These measures include: 
4.1.1. High Availability. Every part of the Game utilizes properly-provisioned, redundant servers (e.g., multiple load balancers, web servers, replica databases) in case of failure. We take servers out of operation as part of regular maintenance, without impacting availability.
4.1.2. Business Continuity. We keep encrypted backups of data daily in multiple regions on Amazon Web Services. While never expected, in the case of production data loss (i.e., primary data stores loss), we will restore organizational data from these backups.
4.1.3. Disaster Recovery. In the event of a region-wide outage, we will bring up a duplicate environment in a different Google Cloud Platform region. Our operations team has extensive experience performing full region migrations.
4.1.4. Physical Access Controls. Elementons is hosted on Amazon Web Services.  AWS data centers feature a layered security model, including extensive safeguards such as custom-designed electronic access cards, alarms, vehicle access barriers, perimeter fencing, metal detectors, and biometrics. According to the AWS Security Whitepaper: “AWS’s data centers are state of the art, utilizing innovative architectural and engineering approaches. Amazon has many years of experience in designing, constructing, and operating large-scale data centers. This experience has been applied to the AWS platform and infrastructure. AWS data centers are housed in nondescript facilities. Physical access is strictly controlled both at the perimeter and at building ingress points by professional security staff utilizing video surveillance, intrusion detection systems, and other electronic means. Authorized staff must pass two-factor authentication a minimum of two times to access data center floors. All visitors and contractors are required to present identification and are signed in and continually escorted by authorized staff.” OER employees do not have physical access to AWS data centers, servers, network equipment, or storage.
4.1.5. Logical Access Controls. OER is the assigned administrator of its infrastructure on Google Cloud Platform, and only designated authorized OER operations team members have access to configure the infrastructure on an as-needed basis behind a two-factor authenticated virtual private network. Specific private keys are required for individual servers, and keys are stored in a secure and encrypted location.
4.1.6. Intrusion Detection and Prevention. Unusual network patterns or suspicious behavior are among OER’s biggest concerns for infrastructure hosting and management. AWS intrusion detection and prevention systems (IDS/IPS) rely on both signature-based and algorithm-based security to help identify traffic patterns that are similar to known attack methods. IDS/IPS involves tightly controlling the size and make-up of the attack surface, employing intelligent detection controls at data entry points, and developing and deploying technologies that automatically remedy dangerous situations, as well as preventing known threats from accessing the system in the first place. We do not provide direct access to security event forensics, but we do provide access to our engineering and customer support teams during and after any unscheduled downtime.
5. Do we use cookies?
5.1. OER collects data by way of ‘cookies’. Cookies are small data files which are sent to your browser from the website or its service provider and are downloaded and stored on your computer or device (hard drive) that enables the sites or service providers systems to recognize your browser and capture and remember certain information. Cookies are widely used in order to make sites work, or to work more efficiently, as well as to provide information to the owners of the platform.
5.2. The cookies shall not provide access to data in your computer or device (hard drive), such as email address or any other data that can be traced to you personally. The data collected by way of cookies and other similar identifiers will allow us to administer the website and provide a tailored and user-friendly service to you. Information collected from cookies is used by us to evaluate the effectiveness of the website, analyze trends, understand and save your preferences for future visits, advertise to you on other sites, and compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future. The information collected from cookies allows OER to determine such things as which parts of the website are most visited and difficulties our visitors may experience in accessing the website. With this knowledge, OER aims to improve the quality of your experience on the website by recognizing and delivering the most desired features and information. In addition to cookies, OER may also use a technology known as web bugs or clear gifs, which are typically stored in emails to help confirm receipt of, and response to, the emails sent by OER and to provide you with a personalized experience while accessing the website. You agree to the use of cookies by continuing to use the website and any platform operated by the OER.
5.3. You may refuse to accept cookies by activating the setting on your browser that allows you to refuse the setting of cookies. You can find information on popular browsers and how to adjust your cookie preferences at the following websites:

Microsoft Internet Explorer
Mozilla Firefox
Google Chrome
Apple Safari

However, if you choose to disable cookies, it may limit the functionality that OER can provide when you visit the website and you may be unable to access or use certain parts of our site or Game. A banner asking you to accept our cookies policy will be displayed upon the first visit to our website (or the first visit after you delete your cookies). Unless you have adjusted your browser setting so that it will refuse cookies and/or you have not accepted our cookies policy, our system will issue cookies when you log on to our site.
5.4. Our web pages may contain electronic images known as web beacons (also called single-pixel gifs) that we use to help deliver cookies on our websites, and to count users who have visited those websites. Unlike cookies, which are stored on the hard drive of your computer or mobile device by a website, web beacons are embedded invisibly on webpages. Web beacons measure the success of our marketing campaigns and compile statistics about usage of the site, so that we can manage our content more effectively. We may also include web beacons in our promotional email messages or newsletters, to determine whether and when you open and act on them. In addition to placing web beacons on our own websites, we sometimes work with other companies to place our web beacons on their websites or in their advertisements. This helps us to develop statistics on how often clicking on an advertisement on a OER website results in a purchase or other action on the advertiser's website. The information we collect using such web beacons is not linked to your personal data.
5.5. Our Game may contain web beacons or similar technologies from third-party analytics providers that help us compile aggregated statistics about the effectiveness of our promotional campaigns or other operations. These technologies enable the analytics providers to set or read their own cookies or other identifiers on your device, through which they can collect information about your online activities across applications, websites or other products.
5.6. We honor do not track signals and do not track, plant cookies, or use advertising when a Do Not Track (DNT) browser mechanism is in place. 
6. Do we disclose any information to outside parties?
6.1. We share your personal data with your consent, or as necessary to make the Game available to you. We also share personal data with vendors or agents working on our behalf for the purposes described in this Policy. For example, companies we have hired to provide cloud hosting services, off-site backups, and customer support may need access to personal data to provide those functions. In such cases, these companies are required to abide by our data privacy and security requirements and are not allowed to use personal data they receive from us for any other purpose. The current list of vendors that we use to help us make the Game available to you can be found here. We will update this list from time to time as the list of vendors changes. If you have questions or concerns about any of our vendors, feel free to contact us at support@Elementons.co.
6.2. We may disclose your personal data as part of a corporate transaction such as a corporate sale, merger, reorganization, dissolution, or similar event. Finally, we will access, transfer, disclose, and/or preserve personal data, when we have a good faith belief that doing so is necessary to: (a) comply with applicable law or respond to valid legal process, judicial orders, or subpoenas; (b) respond to requests from public or governmental authorities, including for national security or law enforcement purposes; (c) protect the vital interests of our users, customers, or other third parties (including, for example, to prevent spam or attempts to defraud users of our products, or to help prevent the loss of life or serious injury of anyone); (d) operate and maintain the security or integrity of our Game, including to prevent or stop an attack on our computer systems or networks; (e) protect the rights, interests or property of OER or third parties; (f) prevent or investigate possible wrongdoing in connection with the Game; or (g) enforce our Terms of Use.
6.3. We may use and share aggregated non-personal information with third parties for marketing, advertising, and analytics purposes. We do not sell or trade your personal information to third parties.
7. How to Access and Control Your Personal Data
7.1. Your principal rights under data protection laws are: (a) the right to access; (b) the right to rectification; (c) the right to erasure; (d) the right to restrict processing; (e) the right to object to processing; (f) the right to data portability; (g) the right to complain to a supervisory authority; and (h) the right to withdraw consent. You can view, access, edit, delete, or request a copy of your personal data for many aspects of the Game via your user dashboard. You can also make choices about OER’s collection and use of your data. You can always choose whether you want to receive marketing communications from us. You can also opt out from receiving marketing communications from us by using the opt-out link on the communication, or by visiting your user dashboard.
7.1.1. Data Access. You can access your personal data on your account’s user dashboard.
7.1.2. Data Portability. You can request a copy of your personal data by submitting an email to us at support@Elementons.co and including “Please send me a copy of my personal data” in the “Subject” line. OER will verify your ability to access that email, then send you a digital export of the data we hold that is associated with your email address. We will use reasonable efforts to respond to your request within 14 days, but in all events within 30 days of our receipt of the request. OER may be limited in its ability to send certain personal data to you (e.g., the identification of your Metamask wallet).
7.1.3. Data Erasure.  You may request that OER delete your personal data by submitting an email to us at support@Elementons.co and including “Please delete my personal data” in the “Subject” line. OER will verify your ability to access that email, then delete the personal data associated with your email address. We will use reasonable efforts to respond to your request within 14 days, but in all events within 30 days of our receipt of the requestPlease be aware that we require certain information about you in order to make the Game available to you; this means that if you want to delete any of these critical pieces of personal data, you may be required to delete your entire profile and no longer be able to access or play the Game. .
7.1.4. Data Correction. You can modify your personal data on your account’s user dashboard. Note that since some of the data we collect is specific to you – for example, your Metamask wallet address – you may not be able to modify this data without needing to create a new user profile.
7.1.5. Your Communications Preferences. You can choose whether you wish to receive marketing communications from us. If you receive marketing communications from us and would like to opt out, you can do so by following the directions in that communication. You can also make choices about your receipt of marketing communications by signing into your account, and viewing and managing your communication permissions in your account’s user dashboard, where you can update contact information, manage your contact preferences, opt out of email subscriptions, and choose whether to share your contact information with OER and our partners. Alternatively, you can request that we withdraw consent to use your personal data by submitting an email to us at support@Elementons.co and including “Please withdraw my consent for marketing communications” in the “Subject” line. OER will verify your ability to access that email, then update our systems to remove your email address from the system we use to send marketing communications. We will use reasonable efforts to respond to your request within 14 days, but in all events within 30 days of our receipt of the request. Please note that these choices do not apply to mandatory communications that are part of the Game, or to surveys or other informational communications that have their own unsubscribe method.
7.1.6 Restricting Data Processing. In some circumstances you have the right to restrict the processing of your Personal Data. Those circumstances are: you contest the accuracy of the data; processing is unlawful but you oppose erasure; we no longer need the data for the purposes of our processing, but you require data for the establishment, exercise or defense of legal claims; and you have objected to processing, pending the verification of that objection. Where processing has been restricted on this basis, we may continue to store your data. However, we will only otherwise process it: with your consent; for the establishment, exercise or defense of legal claims; for the protection of the rights of another natural or legal person; or for reasons of important public interest.

7.1.7. Objections to Data Processing. You have the right to object to our processing of your Personal Data on grounds relating to your particular situation, but only to the extent that the legal basis for the processing is that the processing is necessary for: the performance of a task carried out in the public interest or in the exercise of any official authority vested in us; or the purposes of the legitimate interests pursued by us or by a third party. If you make such an objection, we will cease to process the personal information unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing is for the establishment, exercise or defense of legal claims.

8. Third Party Links
Occasionally, at our discretion, we may include or offer third party products or services on our website or through our Game, that are not operated by us. If you access other websites using the links provided, the operators of these websites may collect information from you that will be used by them in accordance with their privacy policies. These third-party sites have separate and independent privacy policies. We, therefore, have no control over, responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites. We strongly advise you to review the privacy policy of every third-party site you visit. 
9. Third Party Services
9.1. Third Party User Experience Improvement Services. OER may use third party services and applications to better understand the behavior of the users of the website. Where your consent has been provided, the Personal Data and User Information you provide to us may be transferred to third parties as may be necessary for any of the purposes stated above. Our contracts with these third parties will include the necessary provisions to safeguard the Personal Data and User Information that is being transferred to them. Your relationship with these third parties and their services and tools is independent of your relationship with OER. These third parties may allow you to permit/restrict the information that is collected, and it may be in your interest to individually restrict or enable such data collections. The place of processing depends on each third-party service provider and you may wish to check the privacy policy of each of these service providers to identify how much data is shared and why.

9.2. Third Party Authentication Services. OER may use third party authentication services. In such cases, we may be privy to, granted access to and/or store, certain data available with these third parties for registration and identification purposes. The place of processing depends on each third party service provider and you may wish to check the privacy policy of each of these service providers to identify how much data is shared and why.

10. Where we Store and Process Personal Data; International Transfers
10.1. Personal data collected by OER may be stored and processed in United States of America or in any other country where OER or its affiliates, subsidiaries or service providers maintain facilities, or wherever the service providers are located. OER may also use international web hosting facilities and cloud server services which are maintained in accordance with tight security standards. The storage location(s) are chosen in order to operate efficiently, to improve performance, and to create redundancies in order to protect the data in the event of an outage or other problem. We take steps to ensure that the data we collect is processed according to the provisions of this Policy, and the requirements of applicable law wherever the data is located.
10.2. We transfer personal data from the European Economic Area and Switzerland to other countries, some of which have not been determined by the European Commission to have an adequate level of data protection. When we engage in such transfers, we use a variety of legal mechanisms, including contracts, to help ensure your rights and protections travel with your data. To learn more about the European Commission’s decisions on the adequacy of the protection of personal data in the countries where OER processes personal data, please visit: ec.europa.eu/justice/data-protection/international-transfers/adequacy/index_en.htm
10.3. You acknowledge that, as part of making the Game available to you, we may transfer your information to or maintain your information on computers located outside of your state, province, country, or other governmental jurisdiction, where the privacy laws may not be as protective as those in your jurisdiction. If you are located outside of United States and you choose to provide your information to us, you agree that we have the right to transfer your information to United States and process it there. By playing the Game, or by otherwise providing any information to us, you consent to the processing and transfer of that information in and to the U.S., and other countries.
11. Data Retention
We may retain your personal information as long as you continue to use the Game, have an account with us, or for as long as is necessary to fulfill the purposes outlined in this Policy, unless a longer retention period is required or permitted by law. Because these needs can vary for different types of data, actual retention periods can vary significantly. You can ask to close your account by contacting us as described above, and we will delete your personal information on request. We may, however, retain personal information for an additional period as is permitted or required under applicable laws, for legal, tax, or regulatory reasons, or for legitimate and lawful business purposes. The criteria we use to determine the retention periods include:
How long is the personal data needed to make the Game available to you and/or operate our business? This includes such things such as maintaining and improving the performance of the Game, keeping our systems secure, and maintaining appropriate business and financial records. This is the general rule that establishes the baseline for most data retention periods.
Is there an automated control, such as in your user dashboard, that enables you to access and delete the personal data at any time? If there is not, a shortened data retention time will generally be adopted.
Is the personal data of a sensitive type? If so, a shortened retention time would generally be appropriate.
Has the user provided consent for a longer retention period? If so, we will retain the data in accordance with your consent.
Is OER subject to a legal, contractual, or similar obligation to retain the data? Examples can include mandatory data retention laws in the applicable jurisdiction, government orders to preserve data relevant to an investigation, or data that must be retained for the purposes of litigation.

12. Children’s Privacy.   
The App is not intended for use by anyone under the age of 13, nor do we collect any personal information from anyone who we know to be under the age of 13. If you are under the age of 13, you should not use the platform and should not submit any personal information to us. If you are the parent or guardian of a person under the age of 13 and you become aware that such person has provided personally identifiable information to us without your and their consent, contact us at support@Elementons.co. If we become aware that anyone under the age of 13 has provided us with their personally identifiable information, we will remove that information from our files.
13. Changes to our Privacy Policy
We will update this privacy statement when necessary to reflect customer feedback and changes to our Game. When we post changes to this statement, we will revise the "last updated" date at the top of the statement. If there are material changes to the statement or in how OER will use your personal data, we will notify you either by prominently posting a notice of such changes before they take effect or by sending you a notification by email. We encourage you to periodically review this privacy statement to learn how OER is protecting your information.
14. How to Contact Us
If you have a privacy concern, complaint, or a question, please contact us by sending us an email at support@Elementons.co. We will respond to questions or concerns within 30 days.
Unless otherwise stated, OER is a data controller for personal data we collect through the Game subject to this statement. Our address is OER Labs Inc., 2055 L ST NW, Washington DC, 20036.
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