Last updated: December, 2021
Welcome to EggSaurus ("ES")!
These terms and conditions are entered into MJ DIGITAL ASSETS SINGAPORE, a Singaporean private company limited by shares (The “Company” or “we"), and you or the legal entity you represent ("you" or "your").
By using the Services, whether the ES mobile application ("App"), or through the associated websites (collectively, the "Site"), application programming interfaces, or any of our other desktop or mobile applications (collectively, the "Services"), you-
acknowledge that you have read these terms and conditions, our Privacy Policy (these terms and conditions of service, and the terms of any policy incorporated herein are collectively referred to as the "Terms") in their entirety;
agree to be bound by the Terms; and
are authorised and able to accept these Terms. If you do not wish to be bound by the Terms, do not click "I accept" and do not register with ES or otherwise use the Services. Declining to accept these Terms means you will be unable to participate in use of the Services.
ES is a digital art collectible built on top of the Ethereum network. The collection consists of 3,333 unique digital portraits (the “ES NFT” or “Art”) that are hashed on the blockchain and are represented by a non-fungible token (“NFT”) each. In addition, each NFT accumulates a utility token (“$FERN”). $FERN is the native token that can be used to grow ES. You can get it for free by owning ES NFT. Every day, 30$FERN accumulates in the NFT, and the NFT owner can withdraw it whenever you want. Also, since $FERN is ERC20, it can be bought and sold at external DEX like other native tokens. The emission of $FERN lasts for 10 years from the issuance of the NFT.
$FERN serves following four purposes;
The ES has nothing in its hand when it is minted. 100 $FERN can be used to give the ES a random item. There are multiple types of items, and their appearance rates are the same.
ESs do not wear a collar when they are minted. You can use 300 $FERN to get a collar for him. There are several types of collars as well as items, and their appearance rates are the same.
The number of viruses in the ES' body increases one by one every day. When the number of viruses in the body exceeds 60, the ES will die. By using $60 $FERN, you can remove the virus from the ES' body. The number of days the ES has been alive is displayed, so you may be able to increase the value of the ES by letting him live longer than other ES. Also, if the ES dies, its items and collar will be reset. To avoid resetting the items and collars you've acquired, it's a good idea to remove the virus from the ES' body on a regular basis.
When the virus accumulates to 60, the ES will die, but you can bring it back to life by spending 2000 $FERN. However, be aware that the items and collar will be reset when he dies.
If the ES lives for 3000 days, a special vaccine will become available. This vaccine will prevent viruses from being produced in the body of the ES, and the ES will have eternal life. You will also need $FERN to get this special vaccine.
You can get $FERN for free every day just by having ES NFT, and you can buy and sell it at external DEX.
The Company is selling the Art via the NFT and is making the Application available to you. Before you purchase an NFT and use the UI and the Ethereum smart contracts, however, you will need to agree to these Terms.
The ES NFTs are sold during the initial sales according to the price schedule displayed on the website (https://eggsaurus.com/fern?locale=en). All unsold NFT during the initial sales period will remain purchasable after the initial sales period has concluded as the sale is encoded in the smart contract. The Company does not provide any additional services to the user after the business transaction is concluded.
We may amend, change, modify or revise the Terms at any time, and we may post a notice on the Site or when you use the Services, and you can see when these Terms were last revised by referring to the "Last Updated" legend above. Your continued use of Services means you accept any new or modified Terms. You are responsible for reviewing the Terms for any changes, so please check back here from time to time.
By accepting these Terms, you represent and agree that you-
are a natural person who is at least 18 years of age or the age of majority in your jurisdiction;
have the power to enter into a contract with HS;
are physically located in a jurisdiction in which participation in any Service you use is permitted and unrestricted by that state or country’s laws; and
at all times will abide by these Terms. If any one of these requirements is not met at any time, we may suspend your use of our Services with or without notice. We have taken commercially reasonable steps to restrict use of Services to those who are at least years old or the age of majority in their jurisdiction. We do not sell products or services for purchase by minors. In the event that you are under the age of 18, you must have your parent or guardian’s consent to these Terms and ES may require them to enter into these Terms on your behalf based on your jurisdiction.
To access our Services, you must have the necessary equipment (such as a smartphone or laptop) and the associated telecommunication service subscriptions to access the Internet. Our Services can be accessed directly using the Site. Access to our Services may become degraded or unavailable during times of significant data congestion or in the event of a network failure. This could result in the inability to access some of our Services. Although we strive to provide you with excellent service, we do not represent that the Services will be available without interruption. HS shall not be liable for any losses resulting from or arising out of transaction delays or a failure of network protocols.
2.1 You can access the ES App via any web browser using the URL https://eggsaurus.com/?locale=en and an electronic Ethereum wallet compatible with the NFTstandard on the Ethereum network, such as the MetaMask wallet. You will not be able to engage in any transactions on the App other than through MetaMask, or other Ethereum-compatible browsers.
2.2 Transactions on the App are managed and confirmed via the Ethereum blockchain. 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 the App. 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.
2.3 You are responsible for your MetaMask wallet (and other Ethereum wallets) and the private key to access it.
3.1 If you decide to purchase the ES NFT from the contract, any financial transactions will be conducted solely through the Ethereum network. We have no control over these payments or transactions, nor do we have the ability to reverse any transactions. Therefore, the 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.
3.2 Ethereum requires the payment of a transaction fee (a “Gas Fee”) for every transaction that occurs on the Ethereum network. This means that you will need to pay a Gas Fee for each transaction that occurs via the App. The Gas Fee does not go to us and we have no control over its pricing.
3.3 All paid prices exclude any possible duties or charges. 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 App (including, without limitation, any Taxes that may become payable as the result of your ownership of ES. Except for income and net-wealth taxes levied on The Company, you remain solely responsible for paying all federal, state and other taxes in accordance with all applicable laws.
4.1 Each ES NFT is a NFT on the Ethereum blockchain. When you purchase a ES NFT, you own the underlying ES NFT, the Art, completely. Ownership of the ES NFT is mediated entirely by the Smart Contract and the Ethereum Network: at no point may we seize, freeze, or otherwise modify the ownership of any ES NFT.
Subject to your continued compliance with these Terms, we grant you a worldwide, non-exclusive, royalty-free license to use, copy, and display the purchased Art.
Subject to your continued compliance with these Terms, we grant you a worldwide, non-exclusive, license to use, copy, and display the purchased Art for the purpose of creating derivative works based upon the Art.
By using the App and/or purchasing ES NFT, you confirm to not be listed, or associated with any person or entity being listed, on any of the US Department of Commerce’s Denied Persons or Entity List, the US Department of Treasury’s Specially Designated Nationals or Blocked Persons Lists, the US Department of State’s Debarred Parties List, the EU Consolidated List of Persons, or Groups and Entities Subject to EU Financial Sanctions. You further confirm not to be resident of, citizen of or located in a geographic area that is subject to UN-, US-, EU embargoes.
6.1 In the event of any force majeure event (including a pandemic), breach of these Terms, or any other event that would make provision of the App or the Site commercially unreasonable for Company, we may, in our discretion and without liability to you, with or without prior notice, suspend your access to all or a portion of the App or the Site.
6.2 We may terminate your access to the App or the Site as far as technically feasible in our sole discretion, immediately and without prior notice, and delete or deactivate your Account and all related information and files in such account without liability to you, including, for instance, in the event that you breach any term of these Terms.
You accept and acknowledge each of the following:
a. There are risks associated with using cryptocurrencies, 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 unauthorised access to information stored within your wallet. You accept and acknowledge that The Company will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the Ethereum network, however caused.
b. The App does not store, send, or receive ES NFT. This is because ES NFTs exist only by virtue of the ownership record maintained on the App’s supporting blockchain in the Ethereum network. Any transfer of ES NFTs occurs within the supporting blockchain in the Ethereum network, and not on the App.
c. The prices of blockchain assets are very volatile. Fluctuations in the price of other digital assets could materially and adversely affect the value of your ES NFT, which may also be subject to significant price volatility. We cannot guarantee that any purchasers of ES NFT will not lose money.
d. Risk of loss of private key or passphrase(s): The company is not responsible for your private keys, which you need in order to access the ES NFTs. It is your sole responsibility to protect your private keys. In case of lost, the company takes no responsibility.
e. The regulatory regime governing blockchain technologies, cryptocurrencies, and tokens is uncertain, and new regulations or policies may materially adversely affect the development of the ES NFTs ecosystem, and therefore the potential utility or value of ES NFTs.
f. 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-721 standard, including the NS ecosystem.
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, ALL SERVICES, PRODUCTS, INFORMATION AND DATA PROVIDED OR MADE AVAILABLE BY US (INCLUDING WITHOUT LIMITATION SOFTWARE) ARE "AS IS" AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON- INFRINGEMENT, AND YOU ASSUME THE ENTIRE RISK WITH RESPECT THERETO. WE MAKE NO REPRESENTATION, WARRANTY OR GUARANTEE THAT SERVICES, YOUR ACCOUNT, SOFTWARE, VIRTUAL GOODS AND/OR THE SITE WILL BE SECURE, VIRUS-FREE, UNINTERRUPTED OR ERROR-FREE, OR THAT THE SAME WILL FUNCTION PROPERLY IN COMBINATION WITH ANY THIRD-PARTY COMPONENT, TECHNOLOGY, HARDWARE, SOFTWARE, OR SYSTEM.
We strive to keep Services up and running; however, all online services suffer occasional disruptions and outages, we are not responsible or liable for any disruption or loss you may suffer as a result. You should regularly backup content that you store on the Services.
9.1 TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, NEITHER WE, NOR OUR SUPPLIERS OR LICENSORS, WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST DATA OR LOSS OF GOODWILL), OR INCIDENTAL DAMAGES, ARISING OUT OF OR RELATING TO THESE TERMS, THE WEBSITE, OR ANY INFORMATION, SERVICES, PRODUCTS OR SOFTWARE MADE AVAILABLE OR ACCESSIBLE TO YOU, WHETHER BASED ON A CLAIM OR ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, INDEMNITY OR CONTRIBUTION, OR OTHERWISE, EVEN IF WE OR OUR THIRD PARTY SUPPLIERS OR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITY.
9.2 TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, OUR MAXIMUM LIABILITY TO YOU ARISING OUT OF OR IN ANY WAY CONNECTED TO THESE TERMS SHALL NOT EXCEED US$50.00. THE EXISTENCE OF ONE OR MORE CLAIMS BY YOU WILL NOT INCREASE OUR LIABILITY. IN NO EVENT SHALL OUR SUPPLIERS OR LICENSORS HAVE ANY LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED TO OUR PRODUCTS, INFORMATION OR SERVICES.
Certain jurisdictions do not allow limitations of liability for incidental, consequential or certain other types of damages; as such, the limitations and exclusions set forth in this Section may not apply to you.
You agree that you will be responsible for your use of the App or the Site and holding ES NFT or $FERN and you agree to defend, indemnify, and hold harmless The Company and its officers, directors, employees, consultants, affiliates, subsidiaries and agents from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with (i) your access to, use of, or alleged use of the App, Site or token at any time; (ii) your violation of these Terms or any representation, warranty, or agreements referenced herein, or any applicable law or regulation; (iii) your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any disputes or issues between you and any third party. The Company reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (and without limiting your indemnification obligations with respect to such matter), and in such case, you agree to cooperate with The Company’s defense of such claim.
The App may include hyperlinks to other web sites or resources (collectively, “External Sites”), which are provided solely as a convenience to our users. We have no control over any External Sites, are not monitoring their content and are providing the respective links for informational purposes only. You acknowledge and agree that we are not responsible for the availability of any External Sites, and that we do not endorse any advertising, products or other content or materials on or made available from any External Sites. Furthermore, you acknowledge and agree that we are not liable for any loss or damage which may be incurred as a result of the availability or unavailability of the External Sites, or as a result of any reliance placed by you upon the completeness, accuracy or existence of any advertising, products or other content or materials on, or made available from, any External Sites.
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.
These Terms constitute the entire agreement between you and us pertaining to the subject matter hereof and supersede all prior or other arrangements, understandings, negotiations and discussions, whether oral or written. Our failure to require or enforce strict performance by you of any provision of these Terms or to exercise any right under them shall not be construed as a waiver or relinquishment of our right to assert or rely upon any such provision or right in that or any other instance. Section titles in these Terms are for reference only and have no legal effect.
The provisions of these Terms are intended to be severable. If for any reason any provision of these Terms shall be held invalid or unenforceable in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the Terms, which shall continue to be in full force and effect.
These Terms cannot be modified by you and may only be modified by us as provided above.
No right or remedy of ours shall be exclusive of any other, whether at law or in equity, including without limitation damages injunctive relief, attorneys’ fees and expenses.
We may assign these Terms or legal status, rights and obligations based on them, in whole or in part, at any time without notice to you. You may not assign these Terms or transfer any rights to use the Services.
These Terms are solely for your and our benefit, and not for the benefit of any other person, except for our successors and assigns.
These Terms are governed by and must be construed in accordance with the law of Singapore.
Any dispute, controversy, difference or claim arising out of or relating to these Terms, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to these Terms will be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) under the SIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted. The law of this clause is Singapore law. The seat of arbitration will be Singapore. The number of arbitrators will be one and that arbitrator must have relevant legal and technological expertise. If the parties do not agree on the arbitrator to be appointed within 15 days of the dispute proceeding to arbitration, the arbitrator is to be appointed by SIAC. The arbitration proceedings shall be conducted in English. Notwithstanding any other clause in these Terms, the Purchaser agrees the Company has the right to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.