TERMS OF SERVICES

Last updated: April 14, 2023 

These Terms of Services (the “Terms”) govern your use of the games, products, services, and content (altogether, “Services”) provided on the website and application located at www.spacemermaids.xyz and other sites and subdomains (collectively, the “Platform”) owned and operated by Ragzy LLC (“Space Mermaids”, the “Company,” “we,” “us,” or “our”). 

By accessing the Platform, you agree to abide by these Terms and to comply with all applicable laws and regulations. We reserve the right to review and amend any of these Terms at our sole discretion and update this page from time to time. Any change to these Terms will take effect immediately from the date of publication. If you do not agree with these Terms, you are prohibited from using or accessing our Platform or using any other services provided by us. 

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE PLATFORM. THESE TERMS GOVERN YOUR USE OF THE PLATFORM, UNLESS WE HAVE EXECUTED A SEPARATE WRITTEN AGREEMENT WITH YOU FOR THAT PURPOSE. WE ARE ONLY WILLING TO MAKE THE PLATFORM AVAILABLE TO YOU IF YOU ACCEPT ALL OF THESE TERMS. BY USING THE PLATFORM, YOU ARE CONFIRMING 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 WE ARE UNWILLING TO MAKE THE PLATFORM AVAILABLE TO YOU. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE PLATFORM.

• 1. ACCOUNT AND REGISTRATION

To access certain portions of the Services, you must create an account. You agree to provide truthful and accurate information during the account creation process. You also agree to maintain the accuracy of any submitted data. If you provided any information that is untrue, inaccurate, or incomplete, we reserve the right to terminate your account and suspend your use of any and all Services. You are responsible for preserving the confidentiality of your account password and will notify us of any known or suspected unauthorized use of your account. You agree that you are responsible for all acts or omissions that occur on your account while your password is being used.

We do not allow children under the age of 18 to register on the Platform. 

• 2. SPACE MERMAIDS GAME 

The Space Mermaids Game (the “Game”) is a skill-based, free-to-play game whereby participants can win Space Mermaids Assets by obtaining a high score in the game based on their score achieved after a thirty (30) day period. The full terms and conditions of the contest are disclosed at Game rules. The Game will continue to be playable by participants at the conclusion of the thirty (30) day period. Space Mermaids Assets are represented as a Non-Fungible Token (“NFT”) that exist on the XRP Blockchain Ledger (“XRP”).

The Game is free to play. However, to fully engage with certain features of the Game, including claiming NFTs, you will need to connect a XUMM wallet to the Game.

The Game, as developed and provided by Space Mermaids, is designed to be compatible and fully functional only on personal computer ("PC") platforms. The Game is not designed or intended to be used on any other platforms or devices, including but not limited to, Apple iPhone, iPad, Android devices, consoles, or any other mobile or handheld devices.

Space Mermaids makes no warranties or representations, express or implied, regarding the compatibility, functionality, or performance of the Game on non-PC platforms or devices. Any attempt to install, access, or use the Game on non-PC platforms or devices is at your own risk and may result in a suboptimal gaming experience, including but not limited to, reduced functionality, game errors, or inability to access the Game. Space Mermaids will not provide support, maintenance, updates, or fixes for issues arising from the use of the Game on non-PC platforms or devices.

The Game, as developed and provided by Space Mermaids is free to play. However, to fully engage with certain features of the Game, including claiming an NFT, you will need to connect a XUMM wallet to the Game. XUMM wallets require an activation fee of ten (10) XRP. You can still play the Game and your scores will be recorded by Space Mermaids even with a deactivated wallet. However, to claim a Space mermaid if you win, your XUMM wallet needs to be activated.

To support participants, Space Mermaids will send ten (10) XRP to newly created XUMM wallets that place a high score, up to a total of 500 wallets or $5 per new wallet ($2500 total) during the duration of the contest. This is to enable you to mint your NFT without the need to purchase XRP. This offer is limited to the activation of newly created XUMM wallets and is subject to the total dollar value limit set by Space Mermaids. Space Mermaids reserves the right to verify the eligibility of players and wallets for this offer.

• 3. ROYALTY FEES

Space Mermaids reserves the right to incorporate a royalty fee into the NFTs associated with the Game. This means that a percentage of all future transactions involving the NFTs may be automatically deducted and paid to Space Mermaids or its designated recipient(s) as a royalty.

At the time of these Terms, the specific rate of the royalty fee has not been determined. The royalty rate will be established and communicated to you by Space Mermaids at a later date, prior to the implementation of the royalty fee. Once the royalty rate has been determined, Space Mermaids will provide notice to you through appropriate channels, which may include but are not limited to, email communication, website updates, or in-game notifications.

Your continued use of the Game and any associated NFTs after the implementation of the royalty fee constitutes your acceptance of this fee. If you do not agree to the royalty fee, you must cease use of the Game and any associated NFTs. Space Mermaids reserves the right to change, modify, or update this Royalty Fee Clause at any time without prior notice. It is your responsibility to review this clause periodically for changes. Your continued use of the Game following the posting of any changes to this clause constitutes acceptance of those changes.

• 4. CONNECTION WITH WALLET CONNECT

In order to participate in transactions on the Platform, you must connect your blockchain wallet via the Wallet Connect connection bridge application (“Wallet Connect”). Blockchain wallets connected via Wallet Connect are not operated by, maintained by, or affiliated with us, and we accept no responsibility for, or liability to you, in connection with your use of the Wallet Connect. You are solely responsible for keeping your Wallet Connect application secure and you should never share your credentials with anyone.

• 5. NO FINANCIAL, INVESTMENT OR PROFESSIONAL ADVICE

Space Mermaids does not provide investment, tax, or legal advice, and you are solely responsible for assessing whether any transaction you enter into on the Platform is appropriate for you based on your personal objectives, financial circumstances and risk tolerance. Space Mermaids does not recommend that any Space Mermaids Asset should be bought, sold, acquired or held by the users of the Platform and will not be held responsible for any decision you make in this regard based on the information provided by Space Mermaids.

• 6. INTELLECTUAL PROPERTY RIGHTS

You acknowledge and agree that, unless otherwise stated, we (or, as applicable, our licensors) own all legal right, title and interest in and to all elements of the Platform, and all intellectual property rights therein. The visual interfaces, graphics (including, without limitation, all art and drawings associated with the), design, systems, methods, information, computer code, software, services, “look and feel”, organization, compilation of the content, code, data, and all other elements of the Platform (collectively, the “Space Mermaids Materials”) are owned by Space Mermaids, and are protected by copyright, trade dress, patent, and trademark laws, international conventions, other relevant intellectual property and proprietary rights, and applicable laws. All Space Mermaids Materials are the copyrighted property of Space Mermaids or its licensors, and all trademarks, service marks, and trade names contained in the Space Mermaids Materials are proprietary to Space Mermaids or its licensors. 

Subject to your compliance with these Terms, the Company grants you a personal, non-commercial, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Game for your personal entertainment purposes. You agree not to use the Game for any other purpose. The acquisition of a Space Mermaids Asset represented as an NFT does not and will not confer any intellectual property rights to you. The NFT represents a limited license right to use the specific Space Mermaids Assets in the Game and does not represent any ownership rights or stake in the intellectual property associated with the Space Mermaids Assets or the Game.

Except as expressly set forth herein, your use of the Platform 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 Platform. We reserve all rights in and to the Space Mermaids Materials not expressly granted to you in the Terms. For the sake of clarity, you understand and agree: (i) that your acquisition of Space Mermaid Assets, whether via the Platform or otherwise, does not give you any rights or licenses in or to the Space Mermaids Materials (including, without limitation, our copyright in and to the art and drawings associated with the tokens) 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 Space Mermaids Materials (including, without limitation, our copyright in and to the art and drawings associated with the tokens) in any way without our prior written consent in each case, which consent we may withhold in our sole and absolute discretion.

You may choose to submit comments, bug reports, ideas or other feedback about the Platform, including without limitation about how to improve the Platform (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.

You agree that you are responsible for your own conduct while accessing or using the Platform, and for any consequences thereof. You agree to use the Platform 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 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 Platform any content that infringes the intellectual proprietary rights of any party; (v) use the Platform 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 Platform; (viii) exploit the Platform for any unauthorized commercial purpose; (ix) modify, adapt, translate, or reverse engineer any portion of the Platform; (x) remove any copyright, trademark or other proprietary rights notices contained in or on the Platform or any part of it; (xi) reformat or frame any portion of the Platform; (xii) display any content on the Platform 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 Platform or the content posted on the Platform, 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 Platform for the purpose of creating a product or service that is competitive with any of our products or services.

Any use of the Company IP in violation of these Terms, without explicit written permission from Space Mermaids, is strictly prohibited and may result in the termination of your account, prohibition on use of the Game, and further legal action. Space Mermaids reserves the right to change, modify, or update this Intellectual Property Clause at any time without prior notice. It is your responsibility to review this clause periodically for changes. Your continued use of the Game following the posting of any changes to this clause constitutes acceptance of those changes.

• 7. TRADEMARKS

The Company name, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Platform are the trademarks of their respective owners.

All other third-party trademarks, registered trademarks, and product names mentioned on the Service or contained in the content linked to or associated with the Platform 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 intellectual property rights holder. Reference to any products, services, processes or other information by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by Space Mermaids or the Company.

• 8. LIMITATIONS OF USE

By using the Platform, you warrant on behalf of yourself, your users, and other parties you represent that you will not:

1. modify, copy, prepare derivative works of, decompile, or reverse engineer any materials and software contained on the Platform;
2. remove any copyright or other proprietary notations from any materials and software on the Platform;
3. transfer the materials to another person or “mirror” the materials on any other server;
4. knowingly or negligently use this website or any of its associated services in a way that abuses or disrupts our networks or any other service the Company provides;
5. use the Platform or its associated services to transmit or publish any harassing, indecent, obscene, fraudulent, or unlawful material;
6. use the Platform or its associated services in violation of any applicable laws or regulations;
7. use the Platform in conjunction with sending unauthorized advertising or spam;
8. harvest, collect, or gather user data without the user’s consent; 
9. use the Platform or its associated services in such a way that may infringe the privacy, intellectual property rights, or other rights of third parties; or
10. use the Service to carry out any financial activities subject to registration or licensing, including but not limited to creating, selling, or buying securities, commodities, options, or debt instruments.

You further agree that you are solely responsible for your interactions with other users of the Platform. We reserve the right, but has no obligation, to become involved in your dispute with other users of the Platform.

• 9. TERM AND TERMINATION

These Terms shall remain in full force and effect so long as you access and use our Platform. You have the right to terminate your use of our Platform and delete your account at any time and for any or no reason. We may terminate your access to or use of the Platform at any time without prior notice if you breach any of these Terms or take any suspected fraudulent, abusive, or illegal activity, and termination of your account will be in addition to any other remedies we may have in law or equity. 

• 10. DISCLAIMERS

You expressly understand and agree that your access to and use of the Platform is at your sole risk, and that the Platform 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 Platform and any part of it (including, without limitation, the site, any smart contract, or any external websites), including the implied warranties of merchantability, fitness for a particular purpose, 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 Platform will meet your requirements, (ii) your access to or use of the Platform will be uninterrupted, timely, secure or free from error, (iii) usage data provided through the Platform will be accurate, (iii) the Platform 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 Platform 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.

• 11. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE PLATFORM, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE PLATFORM OR SUCH OTHER WEBSITES, INCLUDING ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF OPPORTUNITY, LOSS OF REPUTATION, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. 

YOU AGREE THAT OUR TOTAL, AGGREGATE 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 PLATFORM, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, IS LIMITED TO THE AMOUNT OF TRANSACTION FEES RECEIVED BY STRAATO FOR ITS SERVICE DIRECTLY RELATING TO THE ITEMS THAT ARE THE SUBJECT OF THE CLAIM. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

YOU ACKNOWLEDGE AND AGREE THAT WE HAVE MADE THE PLATFORM 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 PLATFORM TO YOU WITHOUT THESE LIMITATIONS.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

• 12. ASSUMPTION OF RISK

You accept and acknowledge each of the following:

• The prices of Space Mermaids Assets are extremely volatile. There can be a substantial risk that you lose money buying, selling, acquiring or holding the Space Mermaids Assets. 
• You are solely responsible for (i) any taxes applicable to any transactions you conduct on our Platform; (ii) any fees associated with your payment method of choice; (iii) any currency conversion fees; and (iv) all associated charges from your internet or mobile network providers. We accept no responsibility for, nor make any representation in respect of, your tax liability. 

• There are risks associated with using Internet and 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 we will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using our Platform, however caused.

• IF YOU HAVE A DISPUTE WITH ONE OR MORE USERS, YOU RELEASE US FROM CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. IN ENTERING INTO THIS RELEASE YOU EXPRESSLY WAIVE ANY PROTECTIONS (WHETHER STATUTORY OR OTHERWISE) THAT WOULD OTHERWISE LIMIT THE COVERAGE OF THIS RELEASE TO INCLUDE THOSE CLAIMS WHICH YOU MAY KNOW OR SUSPECT TO EXIST IN YOUR FAVOR AT THE TIME OF AGREEING TO THIS RELEASE.

• 13. INDEMNIFICATION

To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless the Company and its past, present and future employees, partners, contractors, consultants, suppliers, vendors, service providers, agents, representatives, predecessors, successors and assigns (the “Indemnified Parties”) from and against all claims, demands, actions, damages, losses, costs and expenses (including attorneys’ fees) that arise from or relate to: (i) your use of the platform or any services, (ii) your responsibilities or obligations under these Terms, (iii) your violation of these Terms, (iv) your violation of any applicable laws or regulations, (v) your violation of any rights of any other person or entity, or (vi) your contract with any other user.

The Company reserves the right to exercise sole control over the defense, at your expense, of any claim subject to indemnification. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and the Company.

• 14. RELIANCE ON INFORMATION POSTED

The information presented on or through the Platform is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Platform, or by anyone who may be informed of any of its contents.

This Platform includes content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

• 15. LINKS FROM THE PLATFORM

If the Platform contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Platform, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

• 16. SEVERANCE

Any term of these Terms which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity of the remainder of these Terms is not affected.

• 17. CHILDREN

You affirm that you are over the age of 18, as the Platform is not intended for children under 18. 

• 18. GOVERNING LAW

These Terms and your access to and use of the Platform shall be governed by and construed in accordance with the laws of the state of Florida, without giving effect to any choice or conflict of law provisions.

• 19. DISPUTE RESOLUTION; ARBITRATION

PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. ALL DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS OF SERVICES OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND US, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY, AND YOU AGREE THAT THE COMPANY AND YOU ARE EACH WAIVING THE RIGHT TO SUE IN COURT AND TO HAVE A TRIAL BY A JURY. YOU AGREE THAT ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION.

• 20. NO CLASS ACTION

YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

• 21. CONTACT US

All feedback, comments and questions on the Terms should be sent to ragzycrypto@gmail.com

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