Last Updated: May 22, 2018
Solethium is a distributed application that runs on the Ethereum network. It uses Ethereum deployed smart contracts to enable users to buy, own and transfer crypto collectibles – digital Solethium Objects. Those objects are presented visually on our website (the “Site”). The smart contracts and the Site are collectively referred to in these Terms as the “App”.
The site is making the App available to you. By choosing to use the App, you can purchase and own Solethium Object as an ERC721 token. Prior to using the App, you must agree to these Terms of Use.
Please read the following Terms of Use carefully and thoroughly prior to using the App in any way, especially prior to purchasing Solethium Objects, or using the Site. The following Terms of Service absolutely govern your use of the Site, purchase of Solethium Objects, and ownership of Solethium Objects tokens. We will only allow you to use this Site, own Solethium Objects, and/or purchase Solethium Objects tokens if you accept all of these Terms of Service.
By using this App, this Site, and/or these Solethium Objects, or by clicking “agree”, you confirm that you understand these Terms and accept these Terms. In the event that you are using this Site, this App, or these Solethium Objects on behalf of another company or legal entity, you indicate that you have the legal authority to accept these Terms on the other party’s behalf, and that any mention of “you” in this contract means the other party that you represent. If you do not have the authority to represent another party, then you do not have permission to use this App, this Site, or these Solethium Objects.
Smart Contracts
In making this App, we have used the name of solar system objects to create unique, one-of-a-kind Solethium Objects – Smart Contract tokens – which are represented by ERC721 tokens on the Ethereum Blockchain. New Solethium Objects will be released in the future if we decide to expand the App. Each Solethium Object may be purchased crypto currency ETHER. You may purchase any Solethium Object you want, and any other party may purchase a Solethium Object from you if the other party is willing to pay a higher sum. The price itself and price increase definition of the Solethium Objects are coded into the smart contract itself. That means they can’t be changed by anyone, including the App creators. Bear in mind that you may not stop another party from purchasing a Solethium Object that you currently own. Also, no other third party may stop you from purchasing a Solethium Object that you wish to own. Whichever party is willing to pay the current cost of the Solethium Objects may own it after he or she completes the transaction.
All planets and the Sun as Solethium Objects are PARENT objects. When you own PARENT object, you will get the certain percentage from every sale of objects directly orbiting that PARENT object. Exact percentage coded into the smart contract itself and can’t be changed by anyone.
There are certain Solethium Objects with SPECIAL trade properties. Those are objects like Trade or Research Space Stations, or like satellites with bases on them. When you own both any PARENT object and object with SPECIAL trade properties, your PARENT percentage will be boosted and you will make even bigger profits.
Example: If you own the Sun Solethium Object, you will get 3% from every sale of objects directly orbiting the Sun (like Earth, Mars, Jupiter, …). But if you also own Hermes Trade Station Solethium Object, your PARENT Sun percentage will be boosted by another 0.5 percentage points. Your new Sun percentage gain will be 3,5 %. Such SPECIAL objects will boost ALL your parent objects. Of course, you can own more than one SPECIAL and more than one PARENT object, bringing you big gains on all game sales by adding up their properties.
The Solethium App
This App requires that you have installed a Google Chrome or Firefox web browser that also has a MetaMask browser extension installed. MetaMask is an electronic wallet created by a third party that allows you to purchase, store, and engage in transactions using Ethereum cryptocurrency. Please note that you may not use any other electronic wallet on the App other than MetaMask. That doesn’t mean you can’t use other electronic wallets and third-party applications to transfer funds to your MetaMask wallet in order to make purchases and receive payment on the App. If you do not log on to the App with the correct browser (either Google Chrome or Mozilla Firefox) and/or if the browser does not have the MetaMask extension installed you will not be able to interact with the App in any meaningful way. Any and all transactions that take place in the App will be on the Ethereum blockchain. You understand that by using the App, your Ethereum public wallet address will be made visible to other users of the App as well as third parties each and every time you engage in a transaction on the App. We do not own and we do not control any of the following third-party products used for the function of this App: MetaMask, Google Chrome, Mozilla Firefox, or the Ethereum network. We do not own and we do not control any other third-party site, product or service that you may choose to access, visit, or use for the purpose of interacting with or using the App. We will not be held liable, and are not liable, for the acts or omissions by any such third party, nor are we liable, or will we be held liable, for any damage that you may suffer as a result of interacting with or using any of the mentioned or unmentioned third parties. You must provide accurate and complete registration information when you create an account to utilize the App. You are solely responsible for the safety and security of your MetaMask wallet and/or any other electronic wallet you utilize to interact with the App. You are solely responsible for the safety and security of your account. If you become aware of a security breach in regards to your password or your account, you agree to notify us immediately upon discovery at hello@solethium.com.
Be Responsible
This App allows you to buy and collect digital assets – Solethium Objects. There is no guarantee that other players or anyone else will buy these assets from you. If you choose to buy Solethium Object in the App, you must accept and understand the risk of potentially not being able to sell your Solethium Object in the future. The App is designed for collectors who choose to pay for the ownership of a digital asset. Play responsibly and do not spend more than you feel the Solethium Object is worth!
Fees and payment
If you decide to purchase any Solethium Objects on the App, any and all transactions will be conducted through the Ethereum network utilizing a MetaMask electronic wallet directly to a Solethium Smart Contract on the blockchain, which is not controlled by the Apps creators. We will not have any control over these payments or transactions, nor will we be able to reverse any transaction that occurs. Because of this, we will have no liability to you or any other third party for any claims or damages that may occur due to any transaction that takes place on the App. The Ethereum network requires that you pay a transaction fee, commonly known as “Gas”, for every transaction that occurs on the Ethereum network. Gas is intended to fund the hardware and software that runs the Ethereum network, as well as to prevent misuse and spam. If you choose to interact with the App via our Site or without using the App or our Site as a portal, you will still need to pay a fee for any and every transaction you make on the Ethereum network. The Solethium Smart Contract keeps a fixed 2,5% commission fee on every transaction conducted through the App, in addition to the Gas charged by the Ethereum network. The creators of the Site and the App do not have access or control over these fees, as it is handled directly on the distributed Ethereum network. WE DO NOT ACCEPT PAYMENTS DIRECTLY ON OUR WEBSITE.
Ownership
By using this App, you acknowledge and agree that we and/or our licenses own all legal rights, titles, and interests in and to any and all elements of the App, including any and all intellectual property. This includes, but is not limited to: graphics, designs, information, systems, computer code, software, services, organization, content, the compilation of content, data, design, and any and all other elements of the App. We retain complete and full ownership of all of these elements, as well as any other element related to the App not listed in these Terms of Service. Each and every one of these elements is owned by Solethium and protected by copyright, trade, dress, patent, trademark laws, international conventions, and every other applicable property and proprietary rights laws. Your use of the App, the Site, or of any and all Solethium Objects does not grant you ownership of or any rights to the content, code, data, and other materials you may use and see on the Site. Although you own the Solethium Object token itself, you do not own the Solethium Object name nor any other elements. Any comments, bug reports, ideas, or any other type of feedback regarding the App provided by you are welcome. However, once you willingly submit such comments, bug reports, ideas, or feedback, you agree that we are free to utilize that information and those ideas in any way we see fit without any compensation to you. We are free to disclose that information and those ideas to any third party we deem necessary. But submitting any comments, bug reports, ideas, or any other type of feedback, you grant use perpetual, irrevocable license to that content and/or ideas, and we immediately retain complete rights to that information, content, and/or ideas. By using this App and this Site, you agree that you are completely and unequivocally responsible for your conduct during use of this App and this Site, as well as any repercussions or consequences that occur because of said conduct. By using this App and this Site, you agree that you will abide by the above and below Terms of Service, any and all applicable laws and regulations and that you will only use the App and the Site for legal and proper purposes. In addition to this, you are not allowed to, and may not permit any third party to upload or distribute any unlawful, defamatory, abusive, fraudulent, obscene, or otherwise objectionable content; distribute viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other items of a damaging or dishonest nature; impersonate another person in any way, shape, or form; upload, post, transmit or otherwise make available through the App any content that infringes on the intellectual proprietary rights of any party, including Solethium, any third party associated with us, and any user of the App or the Site; use the App to violate the legal rights of others or to engage in, promote, or encourage any type of illegal activity; use the App for any unauthorized commercial purpose, or modify, adapt, translate, or reverse engineer any portion of the App for any personal or commercial purposes; reformat or frame any portion of the App, including remove any copyright, trademark or other proprietary rights notices contained in or on the App; display any content on the App that contains any hate-related or violent content; use any robot, spider, or other device or program to compile or index any portion of the App or the content posted on the App, or to collect information about its users for any purpose; create user accounts by automated means or under false or fraudulent pretences; access or use the App for the purpose of creating a product or service that is competitive with any of our products or services.
Termination of Terms
The only way to terminate the Terms contained herein is by cancelling your account on the App and discontinuing any and all use or access to the App. If you choose to cancel your account, you will not receive any refunds for any transactions made in the App or any payments made to us. By using this App, you agree that we have the right to terminate these terms and cancel or suspend your account for any reason we deem necessary. You also agree that we are not required to provide you with any advanced notice of any suspension or termination of your account and that we are not liable to you or any other third party for any damages or consequences caused by the suspension or termination of your account. In the event that we decide to suspend or terminate your account or restrict your access to your account or the App, due to suspected fraud, abuse, or illegal activity on your part, then we may also take any and all actions allowed by law. If your account is suspended or terminated by us or by your choice, you will no longer have access to information that you have posted on the App or any information that is related to your account. In both events, whether we terminate or suspend your account or you choose to terminate your account, you acknowledge and agree that we are under no obligation to maintain any of your information in our databases, nor are we obligated to forward any of that information to you or to any third party.
Disclaimer and Warranties
By using this App, you understand and agree that your access to and use of this App is at your own risk. You acknowledge and accept that this App is provided on an As-Is and As-Available basis, and that we make no express or implied warranty regarding this App or access to this App. We, and any party associated with us make no warranty and disclaim any and all implied warranties regarding the App, including the Site and Solethium Objects. This includes any implied warranty regarding product value, fitness for a specific purpose, non-infringement, correctness, and/or reliability. Neither us nor any of our subsidiaries or affiliates guarantee or warrant that your access or use of the App will meet your requirements and/or expectations; your access to the App or Site will be uninterrupted, free from error, or secure; or, that any data represented in the content, services, or features are accurate and/or free of viruses or other harmful content or components.
Limitation of Liability
By using this App and this Site, you understand and agree that neither we nor any of our subsidiaries or affiliates are liable to you or any other third party for any indirect, incidental, consequential, or exemplary damages that you may incur, no matter how those damages occurred. We and our subsidiaries and affiliates are also not responsible for any financial loss, loss of goodwill, loss of business reputation, loss of personal reputation, cost of purchasing any substitute goods or services, or any and all other potential intangible losses, even if we had previous knowledge that there were a risk of damages and/or losses. By using this App and this Site, you agree that our total liability to you for any and all claims arising out of or relating to these Terms or your access to or use of this App or this Site is limited to the sum of $100. By using this App and this Site, you understand and agree that we have made this App available to you and entered into these Terms with you as a way to provide the App to you. These limitations of liability outlined in these Terms reflect a reasonable and fair allocation of risk between us and you.
Indemnification
By using this App and this Site you agree to hold Solethium harmless and to indemnify us and any of our subsidiaries and affiliates, as well as any of our officers, agents, employees, advertisers, suppliers, or licensors, from and against any claim, liability, loss, actual damage, and consequential damage of any kind or nature, including suits, judgements, litigation costs, and attorneys’ fees that occur or arise due to your breach of these Terms and/or your violation of any applicable laws, rules, and regulations.
External Sites
In some cases, this App and this Site may contain hyperlinks to other websites and/or resources as a convenience to you and our other users. We have no control over the safety or content found on these sites. You acknowledge and agree that we are not responsible for the availability of any links to external sites and that we do not endorse the advertisements on the sites, the products or services made available on those sites, or any other materials found on those sites. You acknowledge and agree that we are not liable for any loss or damage that may be incurred by you or any third party as the result of the availability or lack of availability of these sites, including any reliance placed by you upon the need for those sites and/or for those sites’ completeness and/or accuracy.
Changes to these Terms of Service
As we deem necessary, we may make changes to these Terms. When we make these changes, the updated Terms will be available on the App and on the Site and feature a “Last Updated” date. It is your responsibility to check these Terms periodically for any changes. Your continued access to the App and the Site will constitute your binding acceptance of the updates. Any and all changes made are applicable on the date that they are made.
Changes to the App
We are always working toward improving and expanding the App in order to provide you and our other users with the best, most robust experience. By using the App and the Site, you understand and agree that any part of this App or this Site may change at any time without any prior notice to you. We can and will add new features and alter aspects of the App or the Site at any time without notice.
Children
By using this App and this Site, you affirm that you are over the age of 18. This App and this Site are not intended for use by any child under the age of 18.
General
These Terms in their entirety constitute the legal agreement between you and Solethium and govern your access to and use of the App and the Site. They replace any prior agreements between the parties related to your access to or use of the App or the Site, whether oral or written. There are no third-party beneficiaries to these terms; any third party is an independent contractor, and these Terms do not form any agency, partnership, or joint venture. You understand and agree that the language in these terms should and will be interpreted as to its fair meaning, and not strictly for or against any party. You may not assign any of your rights or obligations under these Terms without prior written consent from us. However, we may assign our rights and obligations under these Terms to an affiliate or in connection with an acquisition, sale, or merger at our sole discretion. In the event that any part of these Terms be deemed invalid or unenforceable by proper legal authorities, that portion will be struck while the remaining portions remain in full force and effect. Any potential failure on our part to enforce these Terms is not and will not be deemed a waiver of these Terms, in part or in whole. Any legal action or proceeding arising under these Terms will be handled by the courts in Hong Kong, and the parties irrevocably consent to the personal jurisdiction and venue there. Finally, we are not liable and will not be held liable for any failure or delay in performance of our obligation under these Terms that result from any condition beyond our control. This includes government action, acts of terrorism, earthquakes, floods, fire, power failures, internet disturbances, or acts of omission by any third party. You agree that we may provide you with a notice of any changes to these Terms by email, regular mail, or by posting on the App or the Site. By providing us with your email address, you consent to forgo receiving any notices via postal mail.