Latest update: 13.10.2022
Welcome to https://www.tribo.games and https://mint.tribo.games (“Site”), a website-hosted user interface provided and operated by Tribo Team Oy (“we”, “us”, “our”) through which you can purchase Flameys – a digital unique artwork in the form of non-fungible tokens (“Flameys NFTs”) running on the Ethereum and/or Polygon network and access auxiliary services provided by us currently or in the future.
This Site is a digital interface allowing users to purchase digital collectibles originally created by us. Users are entirely responsible for the safety and management of their own private Ethereum wallets and validating all transactions generated by this Site before approval. Furthermore, as the Flameys smart contract runs on the Ethereum and/or Polygon network, there is no ability to undo, reverse, or restore any transactions.
When you (“you”) purchase Flameys NFTs from us and/or use our auxiliary services, you must agree to the terms and conditions set out in these Terms and Conditions (“Terms”). Thereby read the Terms carefully before using the Site and purchasing any Flameys NFTs, as they govern your purchase of the Flameys NFT as well as the use of the Site, and the products, features, content, applications or services we may provide through the Site (collectively with the Site, the “Services”) as well as your rights and obligations.
By accessing our Services and purchasing Flameys NFTs, you accept and agree to be bound by and to comply with these Terms. If you do not agree, you are not authorized to access or use our Services.
The Flameys NFTs and thereto associated Services are provided only to entities and persons at least the age of 18. By accessing the Services, you represent and warrant that (i) you are at least eighteen (18) years of age, and (ii) that you have the full right, power, and authority to enter into and comply with these Terms on behalf of yourself and any company or legal entity for which you may access or use the Services. If you are under the age of eighteen (18), you may not, under any circumstances or for any reason, use the Services.
We may list Flameys NFTs for sale from time to time through our Site, which may be stand-alone or as part of a bundle of other digital goods and/or video games published by us. It is in our sole discretion to decide whether to list Flameys NFTs through a public sale or through a whitelisting process as determined by us.
Orders placed for Flameys NFTs are non-refundable, cannot be cancelled for any reason, require payment in full of the purchase price at the time of purchase and that you connect or provide a digital wallet for delivery of the Flameys NFT at the time of sale.
Ethereum and/or Polygon network requires the payment of a transaction fee (a so-called gas fee) for every transaction that occurs on the network. This means that you will need to pay a gas fee for each transaction initiated through our Site.
If you engage in a secondary sale of your Flameys NFT to another purchaser, that transaction may involve third party platforms or blockchain digital wallets which are not associated with us or our Site, and may be subject to transaction fees charged by that network.
You must make payment in full in any digital currency nominated by us as a pre-condition to any purchase of a Flameys NFT sold by us.
We will have no obligation to transfer any Flameys NFT to you until we have received the purchase price in full for the Flameys NFT. If you make payment to our digital wallet, you must ensure your transfer is made to the correct wallet address.
In the event that any payment is reversed or becomes invalid, you agree to immediately return to us any Flameys NFTs where the purchase price has no longer been retained in full by us.
If you are a consumer, you explicitly acknowledge, accept and consent that you shall not have a right to withdraw the purchase of a Flameys NFT under the Consumer Protection Act of Finland (38/1978, as amended) as the Flameys NFT (a good in electronic form) is delivered to you by us immediately and automatically following the payment in full of the Flameys NFT. The wording of this Section shall demonstrate your explicit prior knowledge, confirmation and consent of the afore stipulated.
Risk and title in any Flameys NFT purchase is transferred to you upon purchase of the Flameys NFT and you are solely responsible for ensuring your digital wallet is accurately linked.
If you lose your private key or login or seed phrase for your digital wallet you will likely permanently lose access to your NFTs stored in your digital wallet. We cannot recover any private key or seed phrase for your digital wallet.
The intellectual property rights in all aspects of the art are owned or licensed by us. Each Flameys is an NFT on the Ethereum and/or Polygon network. When you purchase an NFT, you own the art completely. Ownership of the Flameys NFT is mediated entirely by the smart contract and the Ethereum and/or Polygon Network: at no point may we seize, freeze, or otherwise modify the ownership of any Flameys NFT.
Subject to your continued compliance with these Terms, we grant you, for the time that you own a Flameys NFT, a worldwide, royalty-free license to use, copy, and display the purchased art, along with any extensions that you choose to create or use, solely for the following purposes:
The Flameys NFT you own may only be used for commercial purposes for the creation of derivative works based upon the art provided that the derivative works are substantially altered from the original Flameys NFT.
Other than the rights to the art, nothing in these Terms shall grant you any rights to any other trademarks or other intellectual property rights belonging to us including any associated logos.
As a part of the license granted to you, you acknowledge our right to a royalty fee automatically payable in connection with each secondary sale of the Flameys NFT, which royalty right is encoded in the underlying smart contract of the Flameys NFT. The current royalty fee is ten (10) per cent of the applicable transaction value (e.g., price for secondary sales).
This Site and its connected Services are provided “as is” and “as available” without warranty of any kind. By using this Site, you are accepting sole responsibility for any and all transactions involving Flameys NFTs.
You are solely responsible for your own conduct while accessing or using the Site, and for any consequences thereof. You agree to use the Site only for purposes that are legal, proper and in accordance with these Terms and any applicable laws or regulations.
We own all intellectual property and other rights in the Site and the contents and material published on it. These works are protected by copyright laws and all such rights are reserved. These Terms do not transfer any of our or third-party’s intellectual property, to you.
https://www.tribo.games and https://mint.tribo.games are the uniform resource locators (‘URL’) of the Site. You will not make use of this URL (or any other URL owned by us) on another website or digital platform without our prior written consent.
You agree not to monitor, use or copy our Site, unless expressly authorized by us. Any unauthorized use or reproduction may be prosecuted.
We may make changes to the Terms at our discretion. 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 the Site or use of the Services 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 Site.
You acknowledge and agree that NFTs in general may experience or may have extreme price volatility, including being worthless in the future. You are solely responsible for any decision to enter into a transaction to acquire a Flameys NFT including the evaluation of any and all risks related to any such transaction.
You further acknowledge that the cost and speed of transacting with cryptographic and blockchain-based systems such as Ethereum and/or Polygon may vary and may increase dramatically at any time. We are not responsible for any of these variables or risks. You expressly waive and release us from any and all liability, claims, causes of action, or damages arising from or in any way related to your use of the Services (including the purchase of Flameys NFTs).
You purchase Flameys NFTs entirely at your own risk and understanding and we have not made any representations or warranties as to the IT security or ongoing availability of Flameys NFTs, the art, the network itself (Ethereum and/or Polygon) or that your access to use your Flameys NFTs will be uninterrupted, timely, free of bugs or secure at all times.
You acknowledge that if you purchase Flameys NFTs, the NFTs are not sold as, or represented to be, a security or other financial product and nothing we publish is in any way financial or investment advice to you or any other person.
In the absence of a material breach of these Terms by us or the gross negligence, fraud or willful misconduct by us when providing Flameys NFTs to you under these Terms, we will not be liable to you on account of anything done, omitted or suffered by us acting in good faith when providing Flameys NFTs or our Services to you pursuant to these Terms. Our total liability to you under any circumstances is limited to the amount for which a Flameys NFT was originally sold by us to you, and we shall not be liable for any amount above that sum.
Neither party will be liable to the other for any loss or claim in the nature of consequential or indirect loss.
You agree to indemnify and hold harmless us, our affiliates, contractors, licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Services, including, but not limited to, your violation of these Terms.
The Site may contain hyperlinks or references to third-party websites. Any such links or references are provided for your information and convenience only. We have no control over third-party websites and we will not accept any legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third-party website does not mean that we endorse that third-party's website, products or services. Your usage of a third-party site may be governed by the terms and conditions of that third-party site.
We may perform any of our obligations, and exercise any of the rights granted to us under these Terms, through a third-party. We may assign any or all our rights and obligations under these Terms to any third-party.
If any clause or part of any clause of these Terms is found to be void, unenforceable or invalid, then it will be severed from these Terms, leaving the remainder in full force and effect, provided that the severance has not altered the basic nature of these Terms.
No single or partial exercise, or failure or delay in exercising any right, power or remedy by us shall constitute a waiver by us of, or impair or preclude any further exercise of, that or any right, power or remedy arising under these Terms or otherwise.
All disclaimers, indemnities and exclusions in these Terms shall survive termination of the Terms and shall continue to apply during any suspension or any period during which the Services are not available for you to use for any reason whatsoever.
These Terms and the documents referred to in them set out the entire agreement between you and us with respect to your use of the Services, and supersede any and all prior representations, communications or agreements (written or oral) made between us.
These Terms, including the arbitration clause, and any dispute, claim or controversy arising out of or relating to these Terms, or the breach, termination or validity thereof, are governed by the laws of Finland without regard to its principles and rules on conflict of laws.
Any cause of action or claim you may have arising out of or in relation to these Terms, or your use of the Services must be commenced within one (1) year after the cause of action has incurred, otherwise such cause of action is permanently barred.
Any dispute, controversy, or claim arising out of or in relation to these Terms, including the validity, invalidity, breach or termination thereof, or the Services provided by us, shall be finally settled by arbitration in accordance with the Arbitration Rules of the Finland Chamber of Commerce. The number of arbitrators shall be one and the seat of the arbitration shall be Helsinki. The language of the arbitration shall be Finnish. However, evidence may be submitted and witnesses may be heard in English, to the extent the arbitral tribunal deems it appropriate.