Terms of Service
Effective Date: Nov 05, 2023
Last Updated: Nov 05, 2023

ricy is a decentralized application that runs on the Ethereum network. It utilizes custom-built smart contracts (each, a “Smart Contract”) that enable users to own, transfer, and sell unique digital collectibles, which can be visualized on a interface that the user can interact with (the “Site”). The Smart Contracts and the Site are collectively referred to in these Terms as the “Service”. Using the Service, users can view their digital collectibles and use the Smart Contracts to acquire, trade, and sell with other Service users via different auction types (“Auctions”).

SNS Group, LLC. ("Company", "RICY", "SNS", "we" or "us"), makes the Service available for your use. Before your use of the Service, 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 SERVICE. THESE TERMS GOVERN YOUR USE OF THE SERVICE, UNLESS WE HAVE EXECUTED A SEPARATE WRITTEN AGREEMENT WITH YOU FOR THAT PURPOSE. THE SERVICE IS ONLY MADE AVAILABLE TO YOU IF YOU ACCEPT ALL OF THESE TERMS. BY USING THE SERVICE, OR BY CLICKING “I ACCEPT” OR INDICATING YOUR ACCEPTANCE IN ANOTHER MANNER, YOU ARE CONFIRMING THAT YOU 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 YOU ARE NOT PERMITTED TO USE THE SERVICE. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICE. YOU ARE ALSO INDEPENDENTLY RESPONSIBLE FOR COMPLYING WITH ALL APPLICABLE LAWS RELATED TO YOUR USE OF THE SERVICE, WHETHER OR NOT COVERED BY THE TERMS.

1. Prohibited Service Use

The uses described in these Terms are prohibited regardless of where in the Service they occur.

1.1 Illegal, Fraudulent, Harmful, or Offensive Uses

You may not use, or encourage, promote, facilitate, or instruct or induce others to use, the Service for any activities that violate any law, statute, ordinance or regulation; for any other illegal, fraudulent, harmful, or offensive purpose; or to transmit, store, display, distribute or otherwise make available content that is illegal, harmful, or offensive.

Examples of prohibited uses of the Service include:

  • Seeking, offering, or endorsing illegal, obscene, or pornographic services or activities, including services (i) that would violate the intellectual property rights, including copyrights, of another person, entity, service, product, or website or (ii) that would involve the creation, review, or editing of pornographic, erotic, obscene, or sexually explicit material;
  • Posting content that is offensive, defamatory, profane, vulgar, obscene, threatening, discriminatory, illegal, pornographic, obscene or sexually explicit in nature;
  • Seeking, offering, or endorsing any services that would violate ricy's Terms of Service or the terms of service of another website or any other contractual obligations;
  • Seeking, offering, or endorsing any services that violate the academic policies of any educational institution;
  • Posting content that is harassing towards another person or violates the rights of a third party;
  • Posting identifying information concerning another person;
  • Making or demanding bribes;
  • Making or demanding payments without the intention of providing or receiving something in exchange for the payment;
  • Spamming other Users;
  • Money laundering;
  • Using any robot, spider, scraper, or other automated means to access the Service for any purpose without our express written permission or collecting or harvesting any personally identifiable information, including Account names, from the Site; and
  • Engaging in any conduct that is reasonably likely to or that is intended to harm the Service, including (i) imposing an unreasonable or disproportionately large load (in our sole discretion) on the Service’s infrastructure; (ii) interfering or attempting to interfere with the proper operation of the Service or any activities conducted on the Service; (iii) bypassing any measures we may use to prevent or restrict access to the Service or any subparts of the Service, including, without limitation, features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein; or (iv) attempting to interfere with or compromise the system integrity or security or decipher any transmissions to or from the servers running the Service.

1.2 Using the Service Other Than for the Intended Purposes

Users are expected to use the Service for their intended purposes and Users may not use the Service in contravention of their intended purposes. The following are examples of prohibited use of the Service:

  • Provide false or misleading information to ricy;
  • Use or attempt to use another user’s Account without authorization from such user and ricy;
  • Use the Service in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Service, or that could damage, disable, overburden or impair the functioning of the Service in any manner;
  • Develop, utilize, or disseminate any software, or interact with any API in any manner, that could damage, harm, or impair the Service;
  • Reverse engineer any aspect of the Service, or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any Service, area or code of the Service;
  • Attempt to circumvent any content-filtering techniques we employ, or attempt to access any feature or area of the Service that you are not authorized to access;
  • Use data collected from our Service to contact individuals, companies, or other persons or entities;
  • Use data collected from our Service for any direct marketing activity (including without limitation, email marketing, SMS marketing, telemarketing, and direct marketing);

2. The Service

  • To use the Service, you must first install an Ethereum-compatible browser, like Google Chrome, Firefox, or Opera. If you're on Mobile, you should install Coinbase Wallet, or Trust Wallet. Once you have installed the Ethereum-compatible browser, 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. If you are no mobile, and have installed Coinbase Wallet, or Trust Wallet, you will not need MetaMask. You will not be able to engage in any transactions on the Service other than through MetaMask (or other Ethereum-compatible browsers) on desktop, or Ethereum-compatible apps on mobile. The Service will only allow certain interactions as a user, if your Ethereum electronic wallet is connected and unlocked through your MetaMask account on desktop, or Wallet on mobile.
  • Transactions that take place on the Service 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 Service.
  • We neither own nor control MetaMask, Coinbase, Trust, Google Chrome, Firefox, Opera, Brave, 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 Service. 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.

  • By registering for an account for the Service, or by clicking to accept the Terms of Service when prompted on the Site, you are deemed to have executed these Terms electronically, effective on the date you register your Account or click to accept the Terms of Service, pursuant to the U.S. Electronic Signatures in Global and National Commerce Act (the E-Sign Act) (15 U.S.C. § 7001, et seq.). Your Account registration constitutes an acknowledgement that you are able to electronically receive, download, and print these Terms, and any amendments.

    You must provide accurate and complete registration information when you create an account for the Service. 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 Ethereum wallet (and other 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@ricy.co. Also, you agree that you will not:
    • create another account if we’ve disabled one you had unless you have our written permission first;
    • buy, sell, rent or lease access to your Account or username unless you have our written permission first;
    • share your Account password with anyone;
    • log in or try to log in to access the Site through unauthorized third party applications or clients.
    ricy may require you to provide additional information and documents at the request of any competent authority or in case of application of any applicable law or regulation, including laws related to anti-laundering (legalization) of incomes obtained by criminal means, or for counteracting financing of terrorism.

    In such cases, ricy in its sole discretion, may pause or cancel your Auction transactions until such additional information and documents are reviewed by ricy and accepted as satisfying the requirements of applicable law. If you do not provide complete and accurate information and documents in response to such a request, ricy may refuse to provide the Content to you.

    By creating an account, you also consent to receive electronic communications from ricy (e.g., via email or by posting notices to the Service). These communications may include notices about your account (e.g., password changes and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein.

  • You must provide all equipment and software necessary to connect to the Service, including but not limited to, a mobile device that is suitable to connect with and use Service, in cases where the Service offers a mobile component. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing the Service.

3. Fees and Payment

  • If you elect to purchase, trade, sell on the Service, or with or from other users via the Service, any financial transactions that you engage in will be conducted solely through the Ethereum network via MetaMask (or another Ethereum-compatible Wallet). 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 Service, or using the Smart Contracts, or any other transactions that you conduct via the Ethereum network, MetaMask, or Wallet.
  • 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 Service.
  • In addition to the Gas Fee, each time you utilize a Smart Contract to conduct a transaction with another user via the Service, you authorize us to collect a commission of 6% 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 Service marketplace.
  • 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 Service (including, without limitation, any Taxes that may become payable as the result of your ownership, transfer, or sale of digital collectibles through the Service). Except for income taxes levied on ricy, 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. You confirm that you are not a resident in Canada nor are you registered for Goods and services tax / Harmonized sales tax (GST / HST) or Provincial sales taxes (PST) in Canada, and will inform ricy if your status changes in the future.

4. Ownership

  • Unless otherwise indicated in writing by us, the Site and all content and other materials contained therein, including, without limitation, the ricy logo and all designs, systems, methods, computer code, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, “Content”) are the proprietary property of ricy or our affiliates, licensors or users, as applicable.
  • Notwithstanding anything to the contrary in this Agreement, the Site and Content may include software components provided by ricy or its affiliates or a third party that are subject to separate license terms, in which case those license terms will govern such software components.
  • The ricy logo and any ricy product or service names, logos or slogans that may appear on the Site or Service are trademarks of ricy or our affiliates and may not be copied, imitated or used, in whole or in part, without our prior written permission. You may not use any metatags or other “hidden text” utilizing “ricy” or any other name, trademark or product or service name of ricy or our affiliates without our prior written permission. In addition, the look and feel of the Site and Content, including, without limitation, all page headers, custom graphics, button icons and scripts, constitute the service mark, trademark or trade dress of ricy and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and ricy names or logos mentioned on the Site are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable trademark holder. Reference to any products, services, processes or other information by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship, association, partnership, or recommendation by ricy.
  • Except as expressly set forth herein, your use of the Service does not grant you ownership of or any other rights with respect to any content, code, data, or other Content that you may access on or through the Service. We reserve all rights in and to the Contnet not expressly granted to you in the Terms.
  • Except as otherwise set forth in these Terms, that you do not have the right to reproduce, distribute, or otherwise commercialize any elements of the Content in any way without our prior written consent in each case, which consent we may withhold in our sole and absolute discretion
  • You will not apply for, register, or otherwise use or attempt to use any ricy trademarks or service marks, or any confusingly similar marks, anywhere in the world without our prior written consent in each case, which consent we may withhold at our sole and absolute discretion.
  • To the extent that Art associated with your purchased digital collectibles contains third party intellectual property (e.g., licensed intellectual property from a celebrity or athlete) (“Third Party IP”), you understand and agree as follows: (x) that you will not have the right to use such Third Party IP in any way except as incorporated in the Art, and subject to the license and restrictions contained herein; (y) that, depending on the nature of the license granted from the owner of the Third Party IP, ricy may need to pass through additional restrictions on your ability to use the Art; and (z) to the extent that ricy informs you of such additional restrictions in writing (email is permissible), you will be responsible for complying with all such restrictions from the date that you receive the notice, and that failure to do so will be deemed a breach of these Terms.
  • You may choose to submit comments, bug reports, ideas or other feedback about the Service, including without limitation about how to improve the Service (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 perpetual, irrevocable, nonexclusive, worldwide license under all rights necessary for us to incorporate and use your Feedback for any purpose.
  • ricy does not claim ownership of your content. However, when you as a user post or publish your content on or in the Site, you represent that you own and/or have a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, and communicate to the public, perform and display your content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any worldwide intellectual property right that may exist in your content.

4. Termination

  • Notwithstanding anything contained in these Terms, we reserve the right, without notice and in our sole discretion, to terminate your right to access or use the Site at any time and for any or no reason, and you acknowledge and agree that we shall have no liability or obligation to you, or to any third party, in such event and that you will not be entitled to a refund of any amounts that you have already paid to us, to the fullest extent permitted by applicable law.
  • If we terminate these Terms or suspend or terminate your access to or use of the Service 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.
  • You may terminate these Terms at any time by canceling your account on the Service and discontinuing your access to and use of the Service. You will not receive any refunds if you cancel your account, or otherwise terminate these Terms.
  • 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 Service 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. All sections will survive the termination or expiration of these Terms for any reason.

5. Disclaimers

  • EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY ricy, THE SERVICE, CONTENT CONTAINED THEREIN, AND DIGITAL COLLECTIBLES LISTED THERIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. ricy (AND ITS SUPPLIERS) MAKE NO WARRANTY THAT THE SERVICE: A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE. ricy DISCLAIMS ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SERVICE, CONTENT CONTAINED THEREIN. ricy DOES NOT REPRESENT OR WARRANT THAT CONTENT ON THE SERVICE IS ACCURATE, COMPLETE, RELIABLE, LEGAL, CURRENT OR ERROR-FREE. WE WILL NOT BE LIABLE FOR ANY LOSS OF ANY KIND FROM ANY ACTION TAKEN OR TAKEN IN RELIANCE ON MATERIAL OR INFORMATION, CONTAINED ON THE SERVICE. WHILE ricy ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE SERVICE AND CONTENT SAFE, ricy CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICE, CONTENT, ANY DIGITAL COLLECTIBLES LISTED ON OUR SERVICE OR OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE CANNOT GUARANTEE THE SECURITY OF ANY DATA THAT YOU DISCLOSE ONLINE. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND WILL NOT HOLD US RESPONSIBLE FOR ANY BREACH OF SECURITY UNLESS IT IS DUE TO OUR GROSS NEGLIGENCE.
  • ricy WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS AND TAKE NO RESPONSIBILITY FOR, AND WILL NOT BE LIABLE TO YOU FOR, ANY USE DIGITAL COLLECTIBLES OF INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (A) USER ERROR SUCH AS FORGOTTEN PASSWORDS, INCORRECTLY CONSTRUCTED TRANSACTIONS, OR MISTYPED ADDRESSES; (B) SERVER FAILURE OR DATA LOSS; (C) CORRUPTED WALLET FILES; (D) UNAUTHORIZED ACCESS TO APPLICATIONS; (E) ANY UNAUTHORIZED THIRD PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION THE USE OF VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK AGAINST THE SERVICE, ETHEREUM NETWORK, WALLETS, OR DIGITAL COLLECTIBLES.
  • DIGITAL COLLECTIBLES ARE INTANGIBLE DIGITAL ASSETS. THEY EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED IN THE ETHEREUM NETWORK. ANY TRANSFER OF TITLE THAT MIGHT OCCUR IN ANY UNIQUE DIGITAL COLLECTIBLE OCCURS ON THE DECENTRALIZED LEDGER WITHIN THE ETHEREUM PLATFORM. WE DO NOT GUARANTEE THAT ricy OR ANY ricy PARTY CAN EFFECT THE TRANSFER OF TITLE OR RIGHT IN ANY DIGITABLE COLLECTIBLE.
  • ricy IS NOT RESPONSIBLE FOR LOSSES DUE TO BLOCKCHAINS OR ANY OTHER FEATURES OF THE ETHEREUM NETWORK OR ANY 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.

6. Limitation of Liability

  • TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL ricy, OUR SUBSIDIARIES, AFFILIATES, AND LICENSORS, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM THIS AGREEMENT, THE SERVICE, PRODUCTS OR THIRD PARTY SITES AND PRODUCTS, OR FOR ANY DAMAGES RELATED TO LOSS OF REVENUE, LOSS OF PROFITS (WHETHER INCURRED DIRECTLY OR INDIRECTLY), LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE AND EVEN IF ricy HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SERVICE, PRODUCTS OR THIRD PARTY SITES AND PRODUCTS ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA RESULTING THEREFROM.
  • NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF ricy ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS, THE ACCESS TO AND USE OF THE SERVICE, CONTENT, DIGITAL COLLECTIBLES, OR ANY PRODUCTS OR SERVICES PURCHASED THROUGH THE SERVICE EXCEED THE GREATER OF (A) $100 OR (B) THE AMOUNT RECEIVED BY ricy FROM THE SALE OF DIGITAL COLLECTIBLES THAT ARE THE SUBJECT OF THE CLAIM.
  • THE FOREGOING LIMITATIONS OF LIABILITY SHALL NOT APPLY TO LIABILITY OF ricy FOR (A) DEATH OR PERSONAL INJURY CAUSED BY A MEMBER OF ricy’S NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY A MEMBER OF ricy’S FRAUD OR FRAUDULENT MISREPRESENTATION.
  • 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.

7. Assumption of Risk

You accept and acknowledge each of the following:

  • 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 Digital Collectibles, which may also be subject to significant price volatility. We cannot guarantee that any purchasers of Digital Collectibles will not lose money.
  • You are solely responsible for determining what, if any, taxes apply to your Digital Collectibles transactions. Neither ricy or any other ricy Party is responsible for determining the taxes that apply to your transactions on the Service, the Site, or the Smart Contracts.
  • The Service does not store, send, or receive Digital Collectibles. This is because Digital Collectibles exist only by virtue of the ownership record maintained on the Service’s supporting blockchain in the Ethereum network. Any transfer of Digital Collectibles occurs within the supporting blockchain in the Ethereum network, and not on the Service.
  • There are risks associated with using an Internet-based currency, 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 ricy will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the Digital Collectibles, however caused.
  • A lack of use or public interest in the creation and development of distributed ecosystems could negatively impact the development of the ricy ecosystem, and therefore the potential utility or value of Digital Collectibles.
  • The regulatory regime governing blockchain technologies, cryptocurrencies, and tokens is uncertain, and new regulations or policies may materially adversely affect the development of the ricy ecosystem, and therefore the potential utility or value of Digital Collectibles.
  • 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, ERC-721 standards, including the ricy ecosystem.

8. Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless ricy, and our respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively, the “ricy Parties”), from and against all actual or alleged third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys’ fees and expenses) and costs (including, without limitation, court costs, costs of settlement and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of the Service, Content or Digital Collectibles, (b) any Feedback you provide, (c) your violation of the Terms, and (d) your violation of the rights of a third party, including another user or MetaMask. You agree to promptly notify ricy of any third party Claims and cooperate with the ricy Parties in defending such Claims. You further agree that the ricy Parties shall have control of the defense or settlement of any third party Claims. THIS INDEMNITY IS IN ADDITION TO, AND NOT IN LIEU OF, ANY OTHER INDEMNITIES SET FORTH IN A WRITTEN AGREEMENT BETWEEN YOU AND ricy.

9. Third Party Services

The Site may contain links to third-party websites (“Third-Party Websites”) and applications (“Third-Party Applications”). When you click on a link to a Third-Party Website or Third-Party Application, we will not warn you that you have left our Site and are subject to the Terms and conditions (including privacy policies) of another website or destination. Such Third-Party Websites and Third-Party Applications and are not under the control of ricy. ricy is not responsible for any Third-Party Websites or Third-Party Applications. ricy provides these Third-Party Websites and Third-Party Applications only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites or Third-Party Applications, or their products or services. You use all links in Third-Party Websites, and Third-Party Applications at your own risk. When you leave our Site, our Terms and policies no longer govern. You should review applicable agreement and policies, including privacy and data gathering practices, of any Third-Party Websites or Third-Party Applications, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.

10. Hyperlinks

You are granted a limited, nonexclusive, nontransferable right to create a text hyperlink to the Site for noncommercial purposes, provided that such link does not portray ricy or our affiliates or any of our products or services in a false, misleading, derogatory or otherwise defamatory manner, and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a logo or other proprietary graphic of ricy to link to the Site or Content without our express written permission. Further, you may not use, frame or utilize framing techniques to enclose any ricy trademark, logo or other proprietary information, including the images found on the Site, the content of any text or the layout or design of any page, or form contained on a page, on the Site without our express written consent.

11. Copyright Infringement Claims

It is our policy to terminate membership privileges of any user who repeatedly infringes copyright upon prompt notification to ricy by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Site in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of the location on Site of the material that you claim is infringing; (4) your address, telephone number and e-mail address; (5) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for ricy's Copyright Agent for notice of claims of copyright infringement is as follows: copyright@ricy.co.

12. Changes to the Terms

We may make changes to the Terms from time to time. When we make changes, we will make the updated Terms available on the Service 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 Service 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 Service.

13. Changes to the Service

We reserve the right in our sole discretion to modify, suspend or discontinue, temporarily or permanently, the Service (or any features or parts thereof) or suspend or discontinue the Auction at any time and without liability therefor.

14. Children

You affirm that you are over the age of 13, as the Service 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 SERVICE, INCLUDING ALL FINANCIAL CHARGES AND LEGAL LIABILITY THAT HE OR SHE MAY INCUR.

15. 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.

16. Dispute Resolution; Arbitration

Please read this Section 16 (“Arbitration Agreement”) carefully. It requires you to arbitrate disputes with ricy, and limits the manner in which you can seek relief from us.

  1. You agree that any dispute or claim relating in any way to your access or use of the Service, to any products sold or distributed through the Service, or to any aspect of your relationship with ricy, will be resolved by binding arbitration, rather than in court, except that ricy may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents).
  2. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to support@ricy.co. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other claims shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. Each party will cover its own fees and costs associated with the arbitration proceedings. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the country where you live or at another mutually agreed location. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
  3. The arbitrator shall have exclusive authority to (a) determine the scope and enforceability of this Arbitration Agreement and (b) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and ricy. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and the Terms (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.
  4. YOU AND RICY HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and ricy are instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in Section 16.1 above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow these Terms as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
  5. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A OR COLLECTIVE CLASS BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. All other claims shall be arbitrated.
  6. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to support@ricy.co, within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, the email address you used to set up your account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
  7. Except as provided in Section 16.5, if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
  8. This Arbitration Agreement will survive the termination of your relationship with ricy.
  9. Notwithstanding any provision in these Terms to the contrary, we agree that if ricy makes any future material change to this Arbitration Agreement, you may reject that change within thirty (30) days of such change becoming effective by writing to ricy at the following address: support@ricy.co

17. Enforcement

We reserve the right, but do not assume the obligation, to investigate any violation of these Terms. We may investigate violations and may remove, disable access to, or modify any content that violates these Terms.

We may report any activity that we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties. Our reporting may include disclosing appropriate User information. We also may cooperate with appropriate law enforcement agencies, regulators, or other appropriate third parties to help with the investigation and prosecution of illegal conduct by providing network and systems information related to alleged violations of these Terms.

18. Reporting and Correcting Violations

If you become aware of any violation of these Terms, you must immediately report it to Customer Service. You agree to assist us with any investigation we undertake and to take any remedial steps we require in order to correct a violation of these Terms.

19. General

These Terms constitute the entire legal agreement between you and ricy, govern your access to and use of the Service, and completely replace any prior or contemporaneous agreements between the parties related to your access to or use of the Service, whether oral or written. There are no third party beneficiaries to these Terms. The parties are independent contractors, and nothing in these Terms create any agency, partnership, or joint venture. The language in these Terms will be interpreted as to its fair meaning, and not strictly for or against any party. 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. Should any part of these Terms be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions will remain in full force and effect. 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. We will not be liable for any failure or delayed performance of our obligations that result from any condition beyond our reasonable control, including, but not limited to, governmental action, acts of terrorism, earthquake, fire, flood, acts of God, labor conditions, power failures, Internet disturbances, or acts or omissions of third parties. 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 Service. 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.