Copyright Chosen Ones. All Rights Reserved.
Copyright Chosen Ones. All Rights Reserved.
1. These Terms of Service ("Terms") form a contract between Fork Gaming. ("Fork", "us", "we") and the
ChosenOnes.io user ("Users", "you"), which you must accept to use any part of ChosenOnes.io.
2. ChosenOnes.io is a distributed application that runs on the Ethereum network, using uniquely
developed smart contracts ("Smart Contracts") to enable users to purchase, sell, breed and fight
statistically unique digital warriors, that the user can interact and earn Ethereum from
3. PLEASE READ THESE TERMS CAREFULLY BEFORE USING CO, THE SMART CONTRACTS, OR THE WEBSITE. THESE
TERMS GOVERN YOUR USE OF THE WEBSITE, THE SMART CONTRACTS, AND THE WEBSITE, UNLESS WE HAVE
EXECUTED A SEPARATE WRITTEN AGREEMENT WITH YOU FOR THAT PURPOSE. WE ARE ONLY WILLING TO MAKE CO,
THE SMART CONTRACTS, AND THE WEBSITE AVAILABLE TO YOU IF YOU ACCEPT ALL OF THESE TERMS. BY USING
CO, THE SMART CONTRACTS, THE WEBSITE, OR ANY PART OF THEM, OR PURCHASING AN NON-FUNGIBLE TOKEN
(NFT), YOU ARE CONFIRMING THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY ALL OF THESE TERMS,
INCLUDING ANY AMENDED 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 CO, THE SMART
CONTRACTS, THE WEBSITE, OR AN NFT, AVAILABLE TO YOU. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY
NOT ACCESS OR USE CO, THE SMART CONTRACTS, OR THE WEBSITE.
c. You agree that you will not use a name for any NFT or user that is likely to be offensive,
derogatory, prejudicial, inflammatory or inappropriate for use in the CO community. Fork
reserves the right upon to cancel the name of any NFT or user which Fork determines in its
absolute discretion to be offensive, derogatory, prejudicial, inflammatory or inappropriate for
use in the CO community by giving the NFT owner or user written notice (which may provided after
the name has been cancelled). Where such a determination is made, the NFT name or user name will
be changed to a generic name and the NFT owner or account registrant will be able to choose a
new name. You agree that the determination of Fork is final and not reviewable, and that
repeated breaches of this clause may result in suspension of the user’s account or the ability
for the NFT to participate in CO and/or the termination of the Licence issued under clause 19.b.
5 - CO has utilized Smart Contracts to develop the CO Warriors. CO will release a certain number
of Warriors into the marketplace and make them available for purchase to the public at the
6 - To most easily use CO, we strongly recommend that you first install the Google Chrome web
browser. Once you have installed Chrome, you will need to install a browser extension called
MetaMask. MetaMask is an electronic digital wallet, which allows you to purchase, store, and
engage in transactions using Ethereum or any other ERC-20 cryptocurrency. You will not be able
to engage in any transactions on CO other than through MetaMask (or other Ethereum-compatible
browsers) or an email address, where CO creates a non-custodial electronic digital wallet for
7- CO will only recognize you as a user and you will only be able to interact with CO, if your
Ethereum electronic digital wallet is connected and unlocked through your MetaMask account or
your email address. There is no other way to sign up as a user, or to interact directly with CO.
FOR THE APPLICABLE EXTENSIONS. FOR METAMASK, THOSE TERMS ARE AVAILABLE AT
(https://metamask.io/terms.html) and (https://metamask.io/privacy.html).
8 - You are responsible for any Internet connection and telecommunication fees and charges that
you incur when accessing CO.
9 - Transactions that take place on CO are managed and confirmed via the Polygon blockchain,
which is a proof of stake network, and a sidechain to the Ethereum blockchain. The main Ethereum
blockchain is currently a proof of work network. Proof of stake networks use less energy than
proof of work networks. You understand that your Ethereum public address will be made publicly
visible whenever you engage in a transaction on CO.
10 - We neither own nor control MetaMask, Google Chrome, 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 CO. CO 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.
11 - You must provide accurate and complete registration information when you create an account
on CO. 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 MetaMask wallet (and
other Ethereum wallets and email accounts).
12 - You may not share or transfer any account. You may not disclose your password or other
credentials to anyone. You agree to immediately notify CO by sending an email to us at
[email protected] concerning any known or suspected unauthorized use(s) of your account or
any known or suspected breach of security, including loss, theft or unauthorized disclosure of
your password. You understand and agree that you shall be liable for all activities that occur
under any account created for your use, even if such activities were not committed by you. We
are not responsible for any loss or damage arising from your failure to maintain the
confidentiality of your password or of your account.
13 - If you elect to purchase, sell or breed warriors using CO, or with or from other users in
CO, any financial transactions that you engage in will be conducted solely through the Ethereum
network via MetaMask. 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 App, or using the Smart Contracts, or any
other transactions that you conduct via the Ethereum network or MetaMask.
14 - 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
decentraliCO Ethereum network. This means that you will need to pay a Gas Fee for each
transaction that occurs via the App.
15 - In addition to the Gas Fee, each time you utilize a Smart Contract to conduct a transaction
with another user via CO, you authorize CO to collect a commission on certain events only (a
“Commission”). These events include purchasing, selling or breeding of a warrior on the App. You
acknowledge and agree that the Commission will be transferred directly to us through the
Ethereum network as part of your payment.
16 - When you purchase or Procure non-fungible tokens (NFTs) for use in CO you must agree to the
following terms and conditions (NFT Terms), which apply to you and any subsequent person to whom
you sell the NFT(s) you purchased from us in the first instance, or to whom you otherwise
transfer the NFT(s) you Procured.
17 - Applicability of NFT Terms
a. All NFTs purchased or Procured by you are subject to these NFT Terms, unless otherwise agreed
in writing and by purchasing, or pre-purchasing or Procuring any NFT you are agreeing to be
bound by these NFT Terms.
b. The use of any NFTs with CO is subject to these NFT Terms together with any other terms and
any ancillary document relating to the Licence referred to in clause 23.b.
c. Termination of these NFT Terms for any reason will not affect any obligations which have
arisen prior to termination.
18 - Purchasing NFTs
a. Pre-sales of NFTs.
b. Sales of NFTs
c. Pre-conditions to sale
d. Title and Risk
i. Risk and title in any NFT purchase transfers to you upon purchase of the NFT and you are
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 lose access to your NFTs stored in your
e. Refunds - Risk in value of Digital Currency
i. Where the Purchase Price has been paid in a Digital Currency and you are entitled to a refund
for any reason, you agree the refund is to be made in the same form of Digital Currency used in
the initial transaction, or at our option in Australian dollars equivalent to the value of the
Digital Currency used in the initial transaction on the date the Purchase Price was paid.
19- Intellectual Property Licence in NFTs
a. We grant, to the party who Owns an NFT we have issued for the time that party Owns the NFT
(Term), a licence in respect of the Art associated with the NFT purchase subject always to these
NFT Terms in force at the date of sale or transfer together with any other terms and conditions
which may apply to the NFT.
b. The Licence is assignable, transferable and revocable on the terms of these NFT Terms, and is
for your personal, non-commercial, royalty free use of the NFT (including to sell or transfer on
a Marketplace) and to display and enjoy the Art associated with the NFT anywhere in the world
c. Upon your sale of the NFT you Own, the Licence transfers to the purchaser who then Owns the
NFT and will be subject to the Licence and these NFT Terms. For the avoidance of doubt, the
transfer of the Licence does not constitute a commercial use for the purposes of clause b.
e. With immediate effect upon your sale of the NFT you Own, your rights under the Licence
pursuant to clause b shall cease to apply and will no longer be in force and effect. You will no
longer be entitled to use the Art (or any reproductions of the Art) upon sale by you of the NFT.
f. Except as expressly stated in these NFT Terms, nothing in these NFT Terms are intended to, or
shall operate to, give you ownership of any Intellectual Property Rights in, or other rights in
respect of the Intellectual Property.
e. There is no transfer of title or ownership of any Intellectual Property or any Intellectual
Property rights upon the sale of the NFT under these NFT Terms.
f. The NFT may not be used in any way which would:
For the avoidance of any doubt:
20 - Termination
a. Termination with cause.
b. These NFT Terms and the Licence may be terminated with immediate effect:
Termination of these Terms does not affect the rights of the parties which have accrued prior to
21 - Acknowledgements
You acknowledge and agree that:
a. we provide NFTs solely on a proprietary basis for use with CO and if we transact with you we
do so solely on a bilateral basis;
b. NFTs are not intended for speculative use, are not sold or represented to be financial
product and nothing we publish is in any way financial advice to you or any other person;
c. NFTs may experience or may have extreme price volatility, including being worthless in the
d. we are not providing and will not provide any fiduciary, advisory, brokerage, exchange or
other similar services to you or any other person;
e. you are solely responsible for any decision to enter into a transaction subject to these NFT
Terms, including the evaluation of any and all risks related to any such transaction;
f. a significant degree of IT sophistication is required to safely deal in and store NFTs of any
kind using a Digital Wallet;
g. we are not a custodian for the purposes of the Corporations Act, and transfers of any NFTs
are for transaction purposes only;
h. we are not responsible for any Loss caused by your failure to act in accordance with our
policies, procedures or in accordance with our reasonable directions;
i. you purchase 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 such NFTs or that
your access to use your NFTs in CO or in any other way will be uninterrupted, timely or secure
at all time
j. you understand and acknowledge that your ownership of NFTs remains contingent upon you
remaining in control of the seed phrases and private key(s) associated with your Digital Wallet
and that we will not store any information in connection with your Digital Wallet beyond that
required for the sale of NFTs or the interaction of your Digital Wallet with CO;
k. we do not and cannot guarantee there will be any use for, or any particular price available
for any NFT you purchase from us; and
l. we do not represent or guarantee any outcomes, or any financial return from your acquisition
of any NFT from us, save the ability to use the NFT within CO for such time as we choose to
support on and off CO, and such access to CO may be subject to further terms and conditions,
including payment of subscription fees.
22 - Warranties
a. Our Warranties
b. Purchaser warranties
23 - Continuous warranties
You represent and warrant to us that each of the Purchaser Warranties in clause 26.b is true and
accurate, and not misleading or deceptive as at the date of these NFT Terms and, except as
expressly stated, will be true, accurate and not misleading or deceptive each time an NFT or
NFTs are provided to you.
24 - Notification
You must disclose to us anything that has or will constitute a material breach of a Purchaser’s
Warranty or cause a Purchaser’s Warranty to be untrue or inaccurate, as soon as practicable
after you become aware of it.
25 - Mutual warranties
Each party warrants and assures the other party that:
a. if it is a company, it is duly incorporated and validly exists under the law of its place of
b. these terms constitute a legal, valid and binding terms enforceable in accordance with its
terms by appropriate legal remedy.
26 - Knowledge and awareness
Where a warranty is given ‘to the best of a party’s knowledge, belief and awareness’, or ‘as far
as the party is aware’ or with a similar qualification as to the relevant party’s awareness or
knowledge, the party giving the warranty will be deemed to know or be aware of a particular
fact, matter or circumstance if that party’s directors or senior management employees are aware
of that fact, matter or circumstance, or would have become aware if they had made reasonable
enquiries as at the date of these NFT Terms.
27 - Indemnity
a. You hereby indemnify us and our Personnel and will keep us and our Personnel indemnified at
all times to the fullest extent permitted by law in respect of any Loss or Claim which we or our
Personnel may suffer, sustain or incur arising from, or connected with, a breach of a Purchaser
Warranty without limitation.
b. In addition, you must indemnify us and our Personnel and keep us and our Personnel
indemnified at all times to the fullest extent permitted by law in respect of any Claim which we
or our Personnel may suffer, sustain or incur arising from, or connected with, any breach of
these NFT Terms, other than a breach of a Purchaser Warranty, or any breach of all applicable
laws, reduced to the extent of the Loss in respect of the Claim was caused by the negligent act
or omission of us or our Personnel.
28 - Limitation of liability
a. Limitation of liability
b. Third party services
c. Compliance with laws – No monitoring responsibilities
d. No liability for Consequential Loss
e. Liability Cap
28 - Tax
a. The price for any transaction in CO (including the Purchase Price) will be considered to be
inclusive of any applicable Sales Tax.
b. If any additional Sales Tax is applicable by virtue of any law under Your Jurisdiction, you
agree to pay such amount as is payable on behalf of us, and inform us of that payment forthwith.
c. Any reference to a cost or expense incurred by a party in these Terms excludes any amount of
Sales Tax forming part of the relevant cost or expense when incurred by the party for which the
party can claim an input tax credit.
d. Each party is solely responsible for any taxation which arises as a result of dealing in the
NFTs, including capital gains or income tax and no party shall have a Claim for any Loss against
the other in respect of any taxation amounts however arising.
29 - Notices
a. Unless a provision of these Terms expressly state otherwise, a notice, consent, approval,
waiver or other communication (notice) in connection with these Terms must be in writing and in
English and sent to, in the case of us, our nominated email or via the CO interface, of in the
case of you, to your nominated email or published on the CO website with public access to such
b. Any notice will be deemed to be received within 24 hours of sending the electronic message
(unless a rejection message is received) or publication online.
c. A party must immediately notify the other party in writing of any changes to its contact
30 - Disputes
a. Proceedings suspended
b. Notice of dispute
c. Commencement of mediation
d. If dispute not resolved
All disputes and governed by the laws of Panama
31 - Amendment
We reserve the right to amend these Terms from time to time in our absolute discretion.
Amendments will be effective as soon as such changes are notified to you in writing from time to
32 - Precedence
Where there is inconsistency between the Terms and other content displayed as part of the CO
Platform concerning the sale of NFTs, the content of the Terms will prevail to the extent of any
33 - Force Majeure
We will not be liable for any delay or failure to perform our obligations under these Terms if
such delay is due to any circumstances beyond our reasonable control (including but not limited
to epidemics, pandemics, blockchain congestion or attacks, Government sanctions or orders,
whether known or unknown at the time the parties enter into these Terms) (Force Majeure Event).
34 - Waiver
A provision of these Terms or a right created under it may not be waived except in writing
signed by the party granting the waiver.
35 - Exercise of a right
A party may exercise a right at its discretion and separately or together with another right. If
a party exercises a single right or only partially exercises a right, then that party may still
exercise that right or any other right later. If a party fails to exercise a right or delays in
exercising a right, then that party may still exercise that right later.
36 - Remedies cumulative
The rights and remedies provided in these Terms are cumulative with and not exclusive of the
rights and remedies provided by law independently of these Terms.
37 - No merger
The rights and obligations of the parties (including under the warranties) will not merge on
completion of any transaction under these Terms. They will survive the execution and delivery of
any assignment or other document entered into for the purpose of implementing any transaction.
38 - Assignment
a. These Terms are for the benefit of the parties and their successors and assigns. The parties
and their successors and assigns are bound by these Terms.
b. To the extent that any party purchases an NFT from you, they are deemed to have taken an
assignment of these Terms as published at the time of the purchase and you must provide that
party with a link or copy of these Terms.
c. We may assign our rights under these Terms without your consent at any time by giving you
39 - Severance
If any provision of these Terms are void, voidable, unenforceable, illegal, prohibited or
otherwise invalid in a jurisdiction, in that jurisdiction the provision must be read down to the
extent it can be to save it but if it cannot be saved by reading it down, words must be severed
from the provision to the extent they can be to save it but if that also fails to save it the
whole provision must be severed. That will not invalidate the remaining provisions of these
Terms nor affect the validity or enforceability of that provision in any other jurisdiction
where it is not invalid.
39 - Entire agreement
a. These Terms constitute the entire agreement of the parties in respect of the subject matter
of these Terms and supersedes all prior discussions, representations, undertakings and
b. None of our agents or representatives are authorised to make any representations, conditions
or agreements not expressed by us in writing nor are we bound by any such statements.
40 - Further assurances
Each party must, at its own expense, do everything reasonably necessary to give effect to these
Terms and the transactions contemplated by it, including but not limited to the execution of
41 - Relationship
Nothing in these Terms constitutes the parties as partners or agents of the other and no party
has any authority to bind the other legally or equitably save as expressly stated in these
42 - Knowledge
In these Terms, a reference to the awareness or knowledge by you is a reference to the actual
knowledge, information and belief you have as at the date of any transaction taking place
pursuant to these Terms.
43 - Costs
Each party must pay its own fees, costs and expenses incurred by it incident to or in connection
with the negotiation, preparation, execution, delivery and completion of these Terms and the
transactions contemplated by these Terms including without limitation its own legal, accounting
and corporate advisory fees.
In these Terms:
Art means any art, design, wording and drawings that are associated with an NFT that you
Business Day means any day except a Saturday or a Sunday or other public holiday
Claim includes a claim, notice, demand, action, proceeding, litigation, investigation,
however arising whether present, unascertained, immediate, future or contingent, whether based
in contract, tort or statute and whether involving a third party or a party to these Terms and
where and to the extent the context permits, includes all associated Loss;
Confidential Information means:
information, in any form, relating to a party’s business including but not limited to any
products, fees, markets, operations, processes, techniques, technology, forecasts or strategies;
and negotiations in relation to, and the terms of, these Terms,
information in the public domain other than because of a breach of these Terms; or information
already known to a party prior to the disclosure by the other party;
Digital Currency means a cryptographically secured virtual currency or
virtual asset which we identify as an acceptable means of payment or transacting with us;
Digital Walletmeans the applicable “Metamask” location, public key or
wallet address, account or storage device which we choose to support for the delivery of the
NFTs provided by us;
from time to time.
Purchase Price means the amount advertised for the purchase (or
pre-purchase) of any NFT or bundle containing an NFT, which may be denominated in a Digital
Intellectual Property means any and all intellectual property in
the NFT and the Art including all copyright, patents, trade marks, business names, domain names,
trading styles, get-up, designs, knowhow, processes, methodologies and all current and future
registered and unregistered rights, development or enhancement of the Intellectual Property
owned by us or by our licensors.
Intellectual Property Rights Rights means all present and future
intellectual and industrial property rights conferred by statute, at common law or in equity and
wherever existing, including:
patents, inventions, discoveries, designs, copyright, trade marks, trade names, brand names,
business names, product names, domain names or rights in designs, art, images, drawings, know
how, product names, trade secrets and any other rights subsisting in the results of intellectual
effort in any field, whether or not registered or capable of registration;
any application or
right to apply for registration of any of these rights or other rights of a similar nature
arising or capable of arising under statute or at common law anywhere in the world;
intellectual property as defined in Article 2 of the Convention Establishing the World
Intellectual Property Organisation 1967;any registration of any of those rights or any
registration of any application referred to in paragraph (b.); andall renewals and extensions of
Loss includes and loss, damage, cost, charge, liability or expense (including legal
costs and expenses);
Marketplace means a software platform or software (including a Blockchain
digital wallet) which permits the transfer, purchase or sale of an NFT, provided that the
Marketplace at all times cryptographically verifies the NFT owner’s right to Own the NFT.
NFT means a non-fungible token issued by Fork for use in CO.
NFT Terms mean the terms and conditions of these Terms that specifically
relate to the purchase and ownership of NFTs in particular clauses 20-33.
Own means, with respect to an NFT, any NFT we have issued where proof of ownership
is recorded on a blockchain system and you control the private key associated with a Digital
Wallet to which the NFT is associated or located;
Personnel means any employee, contractor, subcontractor, agent, partner,
shareholder, ultimate beneficial owner, director or officer of a party;
Procure means to obtain, and includes to Breed;
Purchaser Warranties means the warranties set out in clause 22.(b.).
Your Jurisdiction means the country or state where you are ordinarily resident or from
which you enter into any agreement with us.
Website means https://chosenones.io/ and/or any other website Fork may operate
from time to time.
Website Terms means the terms and conditions on the Website (if any) as may be
varied from time to time
CO means the ChosenOnes.io online game and associated software interfaces for that
game, including the home website for ChosenOnes.io, elements of which are located on the
Copyright Chosen Ones. All Rights Reserved.
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