Terms of Use
Last Updated: January 1, 2019
PixelCons is a platform for unique tokenized minimalistic pixel art that can be created, transferred, and owned by users through the Ethereum network using a specially developed smart contract (the “Smart Contract”). A user interface is provided in the form of a website (the “Site”). Using the combined Site and Smart Contract (the “Service”), users can view their PixelCons as well as create, trade, and sell them. Please read these Terms of Use (“Terms”, “Terms of Use”) carefully before using the Service operated by PixelCons (“us”, “we”, or “our”).
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service. This Terms of Service agreement for PixelCons was generated in part by the Terms and Conditions Generator.
The PixelCons Platform
In order to to use the Service, you must first have a web browser with a web3 provider installed on your device. This includes several mobile Ethereum wallet apps or a desktop browser like FireFox or Google Chrome, with an extension called MetaMask installed. The apps or browser extensions provide an electronic wallet which is required for you to interact with the Smart Contract. The Service will not recognize you as a user until you are accessing it with a web3 provider. This is the only way to use the Service beyond a read only interface.
You are responsible for the security of your electronic wallet. Our Service may contain links to third-party web sites or services that are not owned or controlled by Us including the mentioned web3 providers. We have no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services. You further acknowledge and agree that We shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services. This includes third parties that may also interact with the Smart Contract.
All transactions with the Service are managed by the Ethereum blockchain, which require as small free to process them (a “Gas Fee”). You are expected to pay this fee to help fund the network of decentralized computers that make up Ethereum.You also understand that transactions on the Ethereum blockchain are public, meaning your Ethereum public address will be seen publicly interacting with the Smart Contract.
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 creation of any of your PixelCons).
You agree and understand that the Service is only a platform. This means you are responsible for your own conduct and consequences while using the Service. This includes but is not limited to, creating, trading or naming a PixelCon or content that is considered unlawful, defamatory, harassing, abusive, fraudulent, obscene, or otherwise objectionable. You also agree not to do anything malicious in nature, including but not limited to, distributing viruses, misinformation, or anything deceptive in nature. This especially includes creating content in the Service that infringes on the intellectual proprietary rights of any party.
As a platform, the Service also does not guarantee any safety during use. This includes, but is not limited to, preventing exposure to content that may be deemed inappropriate. The Service provides no sort of filter for hiding content that may be seen as offensive. The Service can be thought of as a web browser for the content created on the Smart Contract by its users.
The PixelCons Core Contract
The Service utilizes a single Smart Contract (the “Core Contract”) for maintaining the platform core state, including ownership and creation of PixelCons. You understand and have reviewed the functions defined in the Core Contract (source code). We do not possess any special control or abilities for interacting with this Smart Contract beyond the public user functions with the exception of the three admin functions described below.
  1. We retain the ability to withdraw any ether transferred to the Core Contract. There are no required value amounts to execute any of the Core Contract functions, so any ether sent to the Core Contract is strictly volunteered. We are not responsible for returning any ether sent to the Core Contract intentionally or otherwise.
  2. We retain the ability to set the metadata URI link in the Core Contract. This allows Us to provide a reliable reference for third party websites to read PixelCon metadata. All meta data for a PixelCon can be obtained through secondary functions in the Core Contract.
  3. We retain the ability to transfer admin control to another Ethereum address.
You can freely create, modify and transfer ownership of PixelCons at your own discretion. To create a PixelCon, it must simply be unique, meaning it is not currently owned by another user. You can also group PixelCons you create and currently own into collections (a “Collection”). When creating a PixelCon or collection you will have the option of giving it a name for other users to see and help them search for it. If you elect to interact with the Core Contract, you understand that all transactions are facilitated through the Ethereum network, which We do not have any special insight or control over. This means We are not liable to you or to any third party for claims or damages that result from these interactions.
Additionally, the Core Contract implements the ERC-721 specification for non-fungible tokens. This means that PixelCons may be recognized by third party applications to provide further functionality. This includes but is not limited to buying and selling PixelCons or using them in a context beyond ownership of the raw token asset defined in the Core Contract. We are not liable for damages that may be incurred through use of these third party services, including any services that are linked to from the Site. You must read and agree to any third party applications terms of service before interacting with their services.
You expressly understand and agree that your use and access to the Service is at your sole risk. The Service is provided “as is” with no warranties of any kind. We will not be liable for any losses you incur as the result of using the Service or Ethereum network in general.
You accept and understand the risks inherent with blockains. This includes, but is not limited to, volatile changes in the price of digital assets, the requirement of Gas Fees to be paid for every transaction, reliance on an internet connection, an uncertain regulatory environment, and possible damages or losses from a hard fork.
Additionally, you accept and understand the risk of interacting with the Service Smart Contract. This includes, but is not limited to, future identification of potentially breaking bugs that could result in loss of ownership of Pixelcons or freezing of future transactions. We are not liable for any damages that result from a fault in the code and are not expected to remedy the situation if it should arise. All code for the Service is open source for you to review here.
Finally, We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.