Last Updated April 8, 2021
These Terms and Conditions (the "Agreement") set forth the terms and conditions that apply to your access and use of the website, and other online services (collectively, the "Service") provided by Ok Cool Inc. ("Ok Cool Inc", "Ok Cool Company", "Ok Cool", "we" or "us") located at 651 N. Broad St., Suite 206, Middletown DE 19709. The Service includes, but is not limited to, the website located at https://zodiactalismans.com (the "Website"), other online services we provide (collectively "Services") and products (for example, games like Guardians of the Zodiacs and game items such as Zodiac Talismans and ZTAL NFTs, also known as Non-Fungible Tokens) we provide (collectively "Products"). Please remember, our Privacy Policy describes how we handle information generated as you use our website. You can always email us at team@okcoolcompany.com if you have any questions.
By using (and in return for us providing) the Service, you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse our website without registering) or you are a "Member" (which means that you have registered to create an account with ZodiacTalismans.com). The term "you" or "User" refers to a Visitor or Member. The term "we" or "our" refers to Ok Cool Inc. By using the service, you represent that you are age 13 or older. If you are between the ages of 13 and 17, you represent that your legal guardian has reviewed, allowed and agreed to these Terms. You may not use the Service and you may not accept this Agreement if you are not of a legal age to form a binding contract with Ok Cool Inc. If you accept this Agreement, you represent that you have the capacity to be bound by it or if you are acting on behalf of a company or entity that you have the authority to bind such entity. BY USING OR ACCESSING THIS WEBSITE AND RELATED SERVICES, YOU AGREE TO THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PLEASE DO NOT USE OR OTHERWISE ACCESS THE SERVICE. If you do not agree to this Agreement, please don’t use the Service.
We reserve the right, at our discretion, to change, modify, add or remove portions of these Terms and Conditions, its Privacy Policy and other relevant policies at any time by posting the amended terms on our website. You will be deemed to have accepted such changes by continuing to use the service. If at any point you do not agree to any portion of the then-current version of our Terms and Conditions, the Privacy Policy, or any other policy, rule or codes of conduct relating to your use of the Service, your license to use the Service shall immediately terminate, and you must immediately stop using the Service.
Subject to your agreement and continuing compliance with these Terms and Conditions and any other relevant policies, we grant you a non-exclusive, non-transferable, non-sublicensable, revocable and limited license to access and use the Service for your own non-commercial entertainment purposes. You agree not to use the Service for any other purpose. The following restrictions apply to the use of the Service
Any use of the Service in violation of these License Limitations is strictly prohibited, can result in the immediate revocation of your limited license and may subject you to liability for violations of law.
You agree that you will not, under any circumstance:
Ok Cool Inc. reserve the right to determine what conduct it considers to be in violation of the rules of use or otherwise outside the intent or spirit of these Terms and Conditions or the Service itself. We reserve to take action as a result, which may include terminating your Account and prohibiting you from using the Service in whole or in part.
For information about our privacy and data protection practices, please read ZodiacTalismans.com Privacy Policy found at https://zodiactalismans.com/privacy.
WITHOUT LIMITING ANY OTHER REMEDIES, OK COOL INC. MAY LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO THE SERVICE OR PORTIONS THEREOF IF YOU ARE, OR WE SUSPECT THAT YOU ARE, FAILING TO COMPLY WITH ANY OF THESE TERMS AND CONDITIONS OR FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE SERVICE, WITH OR WITHOUT NOTICE TO YOU. BEING THAT ZODIAC TALISMANS ARE ERC721 ASSETS, ONCE PURCHASED FROM OUR TALISMAN SHOP OR FROM OTHER USERS IN THE OPEN MARKETPLACE, THE PURCHASED ZODIAC TALISMANS WILL REMAIN YOURS AS IT IS RECORDED ON THE ETHEREUM BLOCKCHAIN. TERMINATION OF USE REFERS TO ACCESSING AND USING OUR SERVICE.
We reserve the right to stop offering and/or supporting the Service or a particular game or part of the Service at any time, at which point your license to use the Service or a part thereof will be automatically terminated. In such event, we shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued Service. Termination of your Account can include disabling your access to the Service or any part thereof including any content you submitted or others submitted.
As part of the Service, we provide you with Zodiac Talismans ZTAL NFTs.
All rights, title and interest in and to the Service and Game, are owned by Ok Cool Inc. We reserve all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with its games and the Service.
Items obtained by purchasing from our talisman shop, or by purchasing from other zodiac talisman owners in the open marketplace, are owned by the purchaser. This gives you the right to trade or resell the virtual item. Owning the virtual item (Zodiac Talismans NFT) gives you the right to share and show the image of the Zodiac Talisman that you own in mediums other than our website.
You agree to pay all fees, including the gas price incurred when purchasing Zodiac Talismans. YOU ACKNOWLEDGE THAT OK COOL INC. ARE NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED ZODIAC TALISMANS OR OTHER VIRTUAL ASSETS WHEN AN ACCOUNT IS CLOSED OR ACCESS TO THE WEBSITE IS TERMINATED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
You understand that the Service is an evolving one. We may require that you accept updates to the Service and to our games. You acknowledge and agree that we may update the Service and games, with or without notifying you. You may need to update a third party software from time to time in order to receive the Service and play our games.
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE GAME OR THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Some jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above disclaimers may not apply to you.
THE WEBSITE AND ITS CONTENT ARE PROVIDED "AS IS". WE OFFER NO WARRANTY, EXPLICIT OR IMPLIED, REGARDING ANY CONTENT, THE WEBSITE, THE ACCURACY OF ANY INFORMATION, OR ANY RIGHTS OR LICENSES UNDER THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. OK COOL INC. DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE UNINTERRUPTED OR ERROR FREE.
OK COOL INC. SHALL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON OR ENTITY FOR ANY GENERAL, PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR LOST PROFITS OR ANY OTHER DAMAGES, COSTS OR LOSSES ARISING OUT OF YOUR USE OF THE WEBSITE OR ITS CONTENT.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OK COOL INC. SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER SIMILAR DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES, LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES (HOWEVER SUCH LOSSES ARE QUALIFIED), ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS AND CONDITIONS OR THE SERVICE ITSELF, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT NOT PROHIBITED BY LAW, WE SHALL NOT BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID TO US IN ACCORDANCE WITH THESE TERMS AND CONDITIONS IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT A CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID ANYTHING TO US DURING SUCH TIME PERIOD, YOUR SOLE REMEDY (AND OK COOL'S EXCLUSIVE LIABILITY) FOR ANY DISPUTE WITH US IS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT.
NOTHING IN THESE TERMS AND CONDITIONS SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY RESULTING FROM GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF OK COOL INC. OR FOR DEATH OR PERSONAL INJURY ARISING FROM ANY NEGLIGENCE OR FRAUD OF OK COOL INC.
You agree to indemnify, defend and hold Ok Cool Inc. (and our officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any claim, demand, damages or other losses, including reasonable attorneys' fees, asserted by any third-party resulting from or arising out of your use of the Service, or any breach by you of these Terms and Conditions, however the foregoing does not apply if the infringement of rights is not attributable to your intentional or negligent behavior.
We may publish additional policies related to specific services such as forums, contests, or loyalty programs. Your right to use such services is subject to those specific policies and these Terms and Conditions.
These Terms and Conditions, any supplemental policies and any documents expressly incorporated by reference herein (including the Zodiac Talismans Privacy Policy), contain the entire understanding of you and us, and supersede all prior understandings of the parties hereto relating to the subject matter hereof, whether electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and us with respect to the Service.
The failure of Ok Cool Inc. to require or enforce strict performance by you of any provision of these Terms and Conditions or the Zodiac Talismans Privacy Policy or failure to exercise any right under them shall not be construed as a waiver or relinquishment of Ok Cool's right to assert or rely upon any such provision or right in that or any other instance.
The express waiver by Zodiac Talismans of any provision, condition, or requirement of these Terms and Conditions or the Zodiac Talismans Privacy Policy shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
Except as expressly and specifically set forth in this these Terms and Conditions, no representations, statements, consents, waivers, or other acts or omissions by Zodiac Talismans shall be deemed a modification of these Terms and Conditions nor legally binding, unless documented in physical writing, hand signed by You and a duly appointed officer of Ok Cool Inc.
We may notify you via postings on https://zodiactalismans.com and via e-mail or any other communications using contact information that you provide to us.
With the Service, Members may direct us to interact with existing accounts they own and that are maintained online by third-party companies with which they have accounts ("Third Party Accounts") such as Twitter or Google. Ok Cool Inc. makes no effort to review the Third Party Accounts for any purpose, including but not limited to accuracy, legality or non-infringement. Ok Cool Inc is not responsible for the products and services offered by or on third-party sites. If your permission settings allow it, Ok Cool Inc may import information from your Third Party Accounts to help better offer the Services to you. Ok Cool Inc does not control the policies and practices of any third-party site or service, including any Third Party Accounts you connect to Services.
Our Service may contain links to other sites. If you click on a third-party link, you will be directed to that site. Note that these external sites are not operated by us. Thus, we strongly advise you to review the Privacy Policy of these websites. We have no control over and assume no responsibility for the content, privacy policies, or pratices of any third-party sites or services.
When you access third-party websites via our Service, you accept that there are risks in doing so, and that Ok Cool Inc is not responsible for such risks. We encourage you to be aware when you leave the Service and to read the terms and conditions and privacy policy of each third-party website or service that you visit or utilize.
Ok Cool Inc has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third-party websites or by any third-party that you interact with through the Services. In addition, Ok Cool Inc will not and cannot monitor, verify, censor or edit the content of any third-party site or service. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third-party website or service.
If there is a dispute between participants on our Service, or between users and any third-party (including a merchant from whom you purchase a product through clicking on a link on our website), you agree that Ok Cool Inc is under no obligation to become involved. To the maximum extent permitted by applicable law, in the event that you have a dispute with one or more other users, you release Ok Cool Inc., its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: ”A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
Your right to access and use the Service is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use our Service for lawful, internal, and non- commercial purposes. Subject to your compliance with this Agreement, Ok Cool Inc hereby grants to you, a personal, worldwide, non-assignable, non-sublicensable, non-transferrable, and non-exclusive license to use the website and content provided to you as part of the Services (for personal, non-commercial purposes).
Accurate records enable Ok Cool Inc to provide the Service to you. In order for the Service to function effectively, you must also keep your Registration Information up to date and accurate. If you do not do this, the accuracy and effectiveness of the Service to you will be affected.
Your access and use of the Service may be interrupted from time to time due to third-party failures outside of our control (such as unavailability of general Internet infrastructure). Access and use may also be interrupted for periodic updating, maintenance or repair of the Service by Ok Cool Inc. While we will make reasonable efforts to make the Service available to you, we do not promise that it will be available at all times.
You agree that Ok Cool Inc may use your feedback, suggestions, or ideas in any way, including in future modifications of the Service, other products or services, advertising or marketing materials (although any use of your personal information will be subject to our privacy policy).
As is further detailed in our privacy policy, Ok Cool Inc collects information about your visit to our website in order to create a better user experience for you and other Ok Cool Inc. users. Examples of this type of information include information about the products you search for on our website and any feedback you may suggest to us. Please consult our privacy policy for further information. In the future (and always subject to our privacy policy), we may offer personalization options in our products that utilize knowledge about what products you are interested in to present relevant content and product offers. As we explore ways to use data to build more powerful product experiences that we believe will increase your chance of time savings we may provide ways to opt out of this data collection, though it may result in degraded product capabilities if such data is required to provide the product experience.
You represent, warrant, and agree that you will not contribute any content or otherwise use the Services or interact with the Services in a manner that: If you violate or infringe any of the rules above, we may immediately suspend or terminate your right to use or access the Services.
This Service and its original content, features and functionality are and will remain the exclusive property of Ok Cool Inc. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without prior written consent by Ok Cool Inc.
Our policy is to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act.
We may terminate or suspend access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.