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Terms and Service

Effective as of 2023-02-07 Last Revised as of 2023-02-07

Please read and agree to these Terms and Service (the "

Terms

") carefully before using LaunchJoy or any other clients, domains, applications, products, software, platform, services and/or content (collectively, the "

LaunchJoy

") provided by ChromaWay AB ("

ChromaWay

", "

We

", "

Us

") and its affiliates, whether as a guest or registered user.

ACCEPTANCE OF TERMS

Your ("

you

", "

user

", or "

buyer

"), use or access to LaunchJoy is conditioned on your unconditional acceptance of and compliance with these Terms. If you disagree with any part of the Terms, then you may not access or use LaunchJoy.

By accessing LaunchJoy, purchasing any digital assets, and/or Non-fungible tokens ("

NFTs

") and/or calling an action on LaunchJoy or on a LaunchJoy smart contract, you are deemed to be unconditionally bound by, and accept these Terms, Code of Conduct, Cookie Policy and our Privacy Policy, incorporated herein by reference, as set out below ("

Acceptance

").

If you do not unconditionally agree to these Terms, you are not authorized to test, purchase goods, acquire, use, access, connect to or register to access LaunchJoy and the goods or services provided and/or facilitated by LaunchJoy and you must immediately cease doing so. If you are accepting these Terms on behalf of a company or other legal entity, you represent and warrant that you have full authority to bind the company or legal entity (and its employees) to the Terms. The Terms may be amended from time to time by us and any changes do not change your unconditional acceptance of these Terms. These Terms must be read in conjunction with our Privacy Policy, Cookie Policy, Code of Conduct which is hereby incorporated into these Terms by reference.

By using LaunchJoy I confirm that I have read these Terms and Conditions and agree to be unconditionally bound by them, and agree to proceed.

AGE LIMIT

LaunchJoy and the NFTs and/or digital assets are offered and available to Buyers who are 18 years of age or older. By purchasing, acquiring, accessing, or using NFTs and/or digital assets, you represent and warrant that you are of legal age to form a binding contract with ChromaWay and meet the foregoing eligibility requirement. If you do not meet this requirement, you must not purchase, acquire, access, or use NFTs and/or digital assets.

CHANGES TO THESE TERMS

We may revise and update these Terms from time to time in its sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of LaunchJoy thereafter. Any changes to these Terms will be in effect as of the "Last Revised" date referred to at the top of this page.

Your continued use of LaunchJoy after following the posting of the revised Terms means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding for you.

DIGITAL ASSETS

The NFTs, and digital assets available on LaunchJoy are not a representation of money or electronic money, or any security, commodity, bond, debt instrument, unit in a collective investment scheme or any other kind of financial instrument or investment. We do not facilitate the transmission of fiat currency on behalf of users or other third parties, nor does it assist with the conversion of NFTs and/or digital assets to fiat currency. NFTs and/or digital assets are distributed on a spot and unmargined basis, and we are not under any obligation to return to the buyer any amount of any original purchase price.

1. PRIVACY POLICY, SECURITY AND SUPPORT

It is your responsibility to know, understand and abide by our Privacy Policy, which is incorporated herein by reference. Any information that you may provide to us during your use of LaunchJoy is subject to ChromaWay's Privacy Policy. Any information that you may provide to a third-party site during your use of LaunchJoy is subject to the third-party site's privacy policy, and your use of any third-party site included in LaunchJoy is governed by the terms of service of the applicable third-party site.

You are solely responsible for ensuring that any process, devices and/or services you employ to access or use LaunchJoy do not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system and/or any data contained therein. To the greatest extent permitted by law and without limiting the generality of this Section, ChromaWay excludes any liability for any interference or damage to your devices, computer system and/or any data contained therein in connection with your access or use of LaunchJoy or any of the ChromaWay websites or ChromaWay applications.

2. LaunchJoy

LaunchJoy offers a platform where projects can mint and release NFTs and/or digital assets. The platform also allows individuals to purchase NFTs and/or digital assets which represent virtual assets in various games provided by different projects. NFT in these Terms means a non-fungible token or similar digital item implemented on a blockchain, which uses smart contracts to link to or otherwise be associated with certain content or data. The digital assets, consumables, tokens, and/or NFTs will exist on the Chromia Relational Blockchain, the Ethereum Network or Binance Smart Chain Network. The NFTs are in finite supply, and may have different characteristics and relative value for game-making purposes. Digital assets, consumables, tokens and/or NFTs do not have any tangible or physical manifestation.

We are not a wallet provider, exchange, broker, financial institution, money services business, or creditor. We do not have custody or control over the NFTs and/or digital assets you are interacting with and we do not execute or effectuate purchases, transfers, or sales of NFTs. To use LaunchJoy, you must use a third-party wallet which allows you to engage in transactions on blockchains.

The NFTs and/or digital assets may be subject to terms directly between the buyer and seller with respect to the use of the NFT content and benefits associated with a given NFT ("Asset Terms"). ChromaWay is not a party to any such Asset Terms, which are solely between the buyer and the seller. The buyer and seller are entirely responsible for communicating, promulgating, agreeing to, and enforcing Asset Terms. You are solely responsible for reviewing such Asset Terms. If not expressly stated, we do not own any rights to the NFTs and/or digital assets that have been purchased by you.

ChromaWay is developing LaunchJoy which is continuously expanding and thus you may see changes to our platform without a warning. Due to the evolving nature of technologies, the development of LaunchJoy and the way we do business, we reserve the right, with or without notice, to modify, suspend, terminate, or discontinue providing LaunchJoy at any time. We release updates on a regular basis, some of which are not publicly announced. These are done to improve system stability, add new features, allow us time to perform routine maintenance, or comply with applicable law. We are not liable in the event that we modify, suspend, terminate or discontinue any part of LaunchJoy.

2.1. Revenue, sales and commissions

Any revenue and/or commissions earned for sales of NFTs and/or digital assets performed within LaunchJoy, minus any transaction fees and/or royalty, shall be paid to the seller promptly on the Chromia Relational Blockchain, Ethereum Network or Binance Smartchain by the purchaser of the NFTs and/or digital assets.

If you elect to sell an NFT and/or digital assets, or perform any transactions relating to the sale or transfer of NFTs and/or digital assets, any transactions that you engage in will be conducted solely through Chromia Relational Blockchain or Binance Smartchain via MetaMask (or other EVM-compatible wallets and browsers). Such sales, economic activities or other transactions relating to NFTs and/or digital assets shall be a direct contractual relationship between the seller and purchaser of the relevant NFTs and/or digital assets, and we are not a party to said contract, and shall in no circumstances be deemed to a seller or distributor of NFTs and/or digital assets. Accordingly, we have no control over these payments or transactions, nor do we have the ability to reverse any transactions, and cannot provide any guarantee, warranty or assurance regarding such transactions. You bear full responsibility for verifying the identity, legitimacy, and authenticity of NFTs that you purchase from third-party sellers using LaunchJoy and we make no claims about the identity, legality, legitimacy, functionality, or authenticity of users or NFTs (and any content associated with such NFTs) visible on LaunchJoy.

We will have no liability to you or to any third party for any loss, claims or damages that may arise as a result of any transactions that you engage in regarding NFTs and/or digital assets. We are not your agent, advisor, intermediary or fiduciary for any action which you perform within. We reserve the right to charge the purchaser and/or seller a fee for sales transactions and a royalty fee that occurs in LaunchJoy. Such fee will automatically be applied as part of the sales transaction.

As between you and ChromaWay, you will be solely responsible to pay any and all sales, use, value-added and other taxes, duties, and assessments (except taxes on ChromaWay's net income) now or hereafter claimed or imposed by any governmental authority (collectively, "Taxes") associated with your use of NFTs and/or digital assets (including, without limitation, any Taxes that may become payable as a result of your ownership, renting out or transfer of NFTs and/or digital assets).

2.2. Points

At the LaunchJoy platform you will need points to purchase and/or participate in different features. To receive points you need to stake CHR-token/s. Everyone who stakes CHR-tokens as a part of the random distribution will receive their CHR-tokens back after the set time of the random distribution has ended. Points will have no monetary value and aren't transferable. A buyer will not be able to solely use points to pay for the NFT/s and/or digital assets on LaunchJoy. The seller will decide on the price and form of payment of the NFT/s and/or digital assets.

2.3. Mystery boxes

By purchasing a mystery box you will receive one or more NFT/s and/or digital assets. The content of the mystery box is predetermined. Each mystery box is individual and has a unique number. A buyer who opens the mystery box will burn the mystery box NFT and receive the contents of the box.

2.4. Random Distribution

To enter the random distribution you stake points. You are able to stake multiple points to be a part of the random distribution.

In each random distribution one or multiple people will receive one or more NFTs and/or digital assets. If you receive NFTs and/or digital assets in the random distribution your points will be burned. If you don't receive NFT/s and/or digital assets you are able to get back your points by un-staking them, these points you will be able to use in future random distributions and/or auctions.

The NFTs and/or digital assets received are predetermined and not dependent on how many people take part in the random distribution. The users who receive the NFT/s and/or digital assets as a part of the random distribution are determined based on a random numbers generator.

2.5. Auction

Users will be able to purchase NFT/s and/or digital assets through an auction. To enter an auction the user is required to stake points. After the auction's deadline, the users who staked the most points will purchase the NFT/s and or digital assets.

3. YOUR ACCOUNT

We reserve the right to require that you register with us in order to mint, buy and sell NFTs and/or digital assets at LaunchJoy. Your account on LaunchJoy will be associated with your wallet address.

If you are required to register an account with us or any third-party, you agree to provide accurate, current, and complete information about yourself as part of that process.

When registering you may be required to select a username and password, a blockchain wallet based on the BNB Smart Chain or a blockchain wallet based on the Ethereum network depending on which digital asset the user wishes to purchase ("

Password

"). You are responsible for any use of your Password, whether by you or others. You agree to keep your Password confidential and not share it with anyone else. You agree not to log into another user's account or try to gain access to another user's account. We are not liable for any loss or damage arising from your failure to protect your username, Password, or any other personal information, including but not limited to loss of access to any NFTs and/or digital assets.

Wallets are not operated by, maintained by, or affiliated with ChromaWay, and we do not have custody or control over the contents of your wallet and have no ability to retrieve or transfer its contents. We accept no responsibility for, or liability to you, in connection with your use of a wallet and make no representations or warranties regarding how the LaunchJoy will operate with any specific wallet. You are solely responsible for keeping your wallet secure and you should never share your wallet credentials or seed phrase with anyone. If you discover an issue related to your wallet, please contact your wallet provider.

You acknowledge and agree that certain data pertaining to you, which you may view as sensitive, will be accessible to the public through the Chromia Relational Blockchain or Ethereum Blockchain, or Binance Smart Chain Network. Such data includes but is not limited to information identifying and/or otherwise pertaining to your User Account.

You authorize us to act on instructions received through use of your Password, and that we may, but are not obligated to, deny access, or block any transaction made through use of your Password without prior notice. We reserve the right to cancel your account, without notice, for any reason, at any time.

You are also responsible for any problems that arise as a result of your account's use. Any damage to our system or LaunchJoy caused by your account will be your responsibility.

4. COMPLIANCE

You acknowledge that certain operations in respect of LaunchJoy may constitute and/or otherwise fall within the scope of regulated activities under applicable laws in certain jurisdictions. You acknowledge that you may not use LaunchJoy to engage into any such activities and that ChromaWay makes no representation in respect of, or otherwise in connection with, the suitability of LaunchJoy and/or any output generated by using LaunchJoy, to engage into any regulated activity regarding LaunchJoy or such output's compliance with laws and regulations applicable to such activities. If you access or use LaunchJoy outside Sweden, you are solely responsible for ensuring that your access and use of the Service in such country, territory or jurisdiction does not violate any applicable laws. We neither recommend, nor otherwise advise that you engage in such activities. If you choose to engage in regulated activities, you do so at your own risk and sole responsibility.

In particular, you are solely responsible for your compliance with any applicable laws and regulatory requirements, including any applicable provisions of financial markets laws. You herewith expressly and unconditionally agree to ensure compliance with any applicable legal requirements at your own cost and responsibility in using LaunchJoy and/or any output in connection with LaunchJoy.

By using the LaunchJoy, you represent and warrant that:

  • you are not located in, ordinarily resident in, or organized under the laws of any jurisdiction that is subject to a comprehensive European Union and/or U.S. Government embargo ("Embargoed Jurisdiction");
  • you are not subject to any sanctions administered by an agency of the European Union and/or U.S. Government, any other government, or the United Nations (collectively, "Sanctions");
  • you are not owned or controlled, directly or indirectly, by any person that is subject to Sanctions, or that is located in, ordinarily resident in, or organized under the laws of, any Embargoed Jurisdiction;
  • none of your officers, managers, directors, shareholders or authorized representatives is subject to Sanctions, or is located in, ordinarily resident in, or organized under the laws of, any Embargoed Jurisdiction, or is owned or controlled, directly or indirectly, by any person that is subject to Sanctions or that is located in, ordinarily resident in, or organized under the laws of, any Embargoed Jurisdiction.

5. USER RESTRICTIONS

You are solely responsible for your actions, content and behavior of your account. You agree that you will not under any circumstances:

  • access LaunchJoy for any reason other than your personal, non-commercial use solely as permitted by the normal functionality of LaunchJoy;
  • use or attempt to use another user's account without authorization from such user;
  • collect or harvest any personal data of any user of LaunchJoy, including their private information, IP address, or other network profile data;
  • use LaunchJoy for the solicitation of business in the course of trade or in connection with a commercial enterprise;
  • engage in behaviors that have the intention or the effect of artificially causing an item or collection to appear at the top of search results, or artificially increasing view counts, favorites, or other metrics that LaunchJoy might use to sort search results;
  • pose as another person or entity, or use a wallet to engage in a transaction on LaunchJoy that is owned or controlled, in whole or in part, by any other person;
  • use any data mining, robot, spider, crawler, scraper, script, browser extension, offline reader, or other automated means or interface not authorized by us to access LaunchJoy, extract data, or otherwise interfere with or modify the rendering of LaunchJoy pages or functionality;
  • distribute any part or parts of LaunchJoy without our explicit written permission (except for the operators of public search engines (e.g. Google) who is granted permission to use spiders to copy materials from the site for the sole purpose of creating publicly-available searchable indices but retain the right to revoke this permission at any time on a general or specific basis);
  • sell or resell LaunchJoy or attempt to circumvent any LaunchJoy fee systems;
  • use LaunchJoy or data collected from LaunchJoy for any advertising or direct marketing activity (including without limitation, email marketing, SMS marketing, and telemarketing);
  • use LaunchJoy for any unlawful purpose or for the promotion of illegal activities, including but not limited to, money laundering, terrorist financing, or other illicit financial activity;
  • use LaunchJoy to carry out any financial activities subject to registration or licensing, including but not limited to creating, offering, selling, or buying securities, commodities, options, or debt instruments;
  • use LaunchJoy to engage in price manipulation, fraud, or other deceptive, misleading, or manipulative activity;
  • use LaunchJoy to buy, sell, or transfer stolen items, fraudulently obtained items, items taken without authorization, and/or any other illegally obtained items;
  • use LaunchJoy in a manner that is misleading, deceptive or fraudulent or otherwise illegal or promotes illegal activities, including engaging in phishing or otherwise obtaining financial or other personal information in a misleading manner or for fraudulent or misleading purposes;
  • engage in, or attempt to engage in, harassment, threats, abuse, stalking, spamming, or vandalism;
  • interfere or attempt to interfere with the proper operation of LaunchJoy or prevent others from using LaunchJoy, or disrupt the normal flow of dialogue with an excessive number of messages (flooding attack) to LaunchJoy, or negatively affect other people's ability to use LaunchJoy;
  • make any automated use of LaunchJoy or the related systems, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
  • publish or link to malicious content of any sort, including that intended to damage or disrupt another user's browser or computer;
  • infringe or violate the intellectual property rights or any other rights of others;
  • develop, invoke, or utilize any code to disrupt, diminish the quality of, interfere with the performance of, or impair the functionality of LaunchJoy;
  • circumvent, disable or otherwise interfere with any security-related features of LaunchJoy or features that prevent or restrict use or copying of content, or enforce limitations on use of LaunchJoy or the content accessible via LaunchJoy;
  • access LaunchJoy from a different wallet address if we've blocked any of your other wallet addresses from accessing LaunchJoy, unless you have our written permission first;
  • attempt to incite other people to commit unlawful or harmful acts, intimidate or threaten other users, or distribute private data or information;
  • create or display illegal content, including but not limited to such as content that may involve child sexual exploitation;
  • create or display NFTs or other items that promote suicide or self-harm, incites hate or violence against others, or doxes another individual;
  • use LaunchJoy in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying LaunchJoy; or
  • use LaunchJoy in a manner that is inconsistent with applicable law and these Terms.

The above mentioned restrictions are not an exhaustive list. You agree not to allow or encourage any third party to use any of LaunchJoy to commit any of the above-mentioned or similar acts. We handle each instance of violation or alleged violation of these Terms on a case-by-case basis. We reserve the right to act or refrain from acting on any violations in any way we deem appropriate.

Any form of violation of theses Terms may result in any of the following:

  • we may issue a warning and demand that you remedy your violation, where applicable;
  • we may refuse, disable, or restrict certain portions of your access to our system;
  • we may delete content or data that you have added to our system;
  • we may completely ban you from accessing our system;
  • we may delete your account entirely from our system, with no liability to you; or
  • we may take legal action against users who violate these Terms.

In the event that any person (legal or physical) has had their access blocked or is banned under this provision, they are prohibited from seeking access to LaunchJoy, either a portion or the entirety, unless ChromaWay provides explicit permission. We reserve the right to block wallet addresses access from the LaunchJoy if we believe you have violated any of the Terms in this agreement.

6. REPRESENTATION AND DISCLAIMER OF WARRANTIES

6.1. User representation and warranties

By using and accessing LaunchJoy, you represent and warrant that:

  • you will submit true, current and complete registration information and maintain the accuracy of such information;
  • you are not under the age of 18 and that you have the legal capacity to agree and comply with these Terms;
  • you will not submit and/or sell content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, or others, unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content;
  • you will only submit and/or sell content that you are the sole owner of and/or you are authorized to submit and/or sell;
  • you assume full responsibility and risk of loss resulting from your downloading and/or use of files, information, content or other material obtained from the service;
  • the value of an NFTs is subjective. Prices of NFTs are subject to volatility and fluctuations in the price of cryptocurrency can also materially and adversely affect NFT prices. You acknowledge that you fully understand this subjectivity and volatility and that you may lose money;
  • a lack of use or public interest in the creation and development of distributed ecosystems could negatively impact the development of those ecosystems and related applications, and could therefore also negatively impact the potential utility of NFTs;
  • there are risks associated with purchasing items associated with content created by third parties through peer-to-peer transactions, including but not limited to, the risk of purchasing counterfeit items, mislabeled items, items that are vulnerable to metadata decay, items on smart contracts with bugs, and items that may become untransferable. You represent and warrant that you have done sufficient research before making any decisions to sell, obtain, transfer, or otherwise interact with any NFTs or accounts/collections;
  • the regulatory regime governing blockchain technologies, non-fungible tokens, cryptocurrency, and other crypto-based items is uncertain, and new regulations or policies may materially adversely affect the development of LaunchJoy and the utility of NFTs;
  • blockchain transactions are irreversible and ChromaWay has no ability to reverse any transactions on the blockchain;
  • there are risks associated with using Internet and blockchain based products, including, but not limited to, the risk associated with hardware, software, and Internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to your third-party wallet or account. You accept and acknowledge that ChromaWay will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using LaunchJoy or any Blockchain network, however caused;
  • you are solely responsible for determining what, if any, taxes apply to your transactions and to withhold, collect, report, and remit the correct amounts of taxes to the appropriate tax authorities. ChromaWay is not responsible for determining, withholding, collecting, reporting, or remitting the taxes that apply to your NFTs;
  • LaunchJoy relies on third-party platforms and/or vendors. If we are unable to maintain a good relationship with such platform providers and/or vendors; if the terms and conditions or pricing of such platform providers and/or vendors change; if we violate or cannot comply with the terms and conditions of such platforms and/or vendors; or if any of such platforms and/or vendors loses market share or falls out of favor or is unavailable for a prolonged period of time, access to and use of LaunchJoy will suffer;
  • 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 could 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;
  • you will not use LaunchJoy for any illegal or unauthorized purpose;
  • your use of LaunchJoy will not violate any applicable law or regulation; and
  • some jurisdictions limit or do not permit disclaimers of warranty, so this provision may not apply to you.

6.2. ChromaWay representation and warranties

We do not make any representation or give any warranty in respect to any characteristics of LaunchJoy. All warranties are expressly excluded to the maximal extent permitted under applicable laws. In particular, while ChromaWay has endeavored to take all reasonable measures and apply appropriate care in the preparation of the content of LaunchJoy, ChromaWay neither represent nor warrant that:

  • LaunchJoy run uninterrupted and error-free;
  • the use of LaunchJoy is fit for any particular purpose and does not infringe upon any third-party's intellectual property rights;
  • any information contained in LaunchJoy is accurate, adequate, complete or error free; and
  • except when otherwise stated in writing ChromaWay, the copyright holders and/or other parties provide LaunchJoy "as is" without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. The entire risk as to the quality and performance of LaunchJoy, any NFTs and/or digital assets that you own is with you.

7. INTELLECTUAL PROPERTY

7.1. ChromaWay's Intellectual Property

You acknowledge and agree that ChromaWay and our licensors retain ownership of all intellectual property rights of any kind related to LaunchJoy, including applicable copyrights, trademarks and other proprietary rights. LaunchJoy's name, logo, trademarks, product or service names, designs, logos, and slogans are the intellectual property of ChromaWay or our affiliates or licensors and may not be copied, imitated or used, in whole or in part, without our prior written permission in each instance. ChromaWay reserves all rights that are not expressly granted to you under these Terms.

ChromaWay welcomes feedback, comments, and suggestions for improvements to LaunchJoy. You acknowledge and expressly agree that any contribution of feedback, comments and suggestions does not and will not give or grant you any right, title, or interest in LaunchJoy or in any such feedback, comment and suggestion. You agree that ChromaWay may use and disclose feedback, comments and suggestions in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim. You hereby assign to ChromaWay any and all right, title, and interest (including, but not limited to, any patent, copyright, trade secret, trademark, show-how, know-how, moral rights and any and all other intellectual property right) that you may have in and to any and all feedback, comments and suggestions.

By using LaunchJoy in conjunction with creating, submitting, posting, promoting, or displaying content, or by complying with LaunchJoy's metadata standards in your metadata API responses, you grant us a worldwide, non-exclusive, sublicensable, royalty-free license to use, copy, modify, and display any content, including but not limited to text, materials, images, files, communications, comments, feedback, suggestions, ideas, concepts, questions, data, or otherwise, that you submit or post on or through LaunchJoy for our current and future business purposes, including to provide, promote, and improve LaunchJoy. This includes any digital file, art, or other material linked to or associated with any NFTs that are displayed on LaunchJoy. ChromaWay does not claim that submitting, posting, or displaying this content on or through LaunchJoy gives ChromaWay any ownership of the content. ChromaWay might only show it. You represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein for any content that you create, submit, post, promote, or display on or through LaunchJoy. You represent and warrant that such content does not contain material subject to copyright, trademark, publicity rights, or other intellectual property rights, unless you have necessary permission or are otherwise legally entitled to post the material and to grant ChromaWay the license described above, and that the content does not violate any laws. If you believe that your content has been copied in a way that constitutes copyright or trademark infringement, or violates your publicity or other intellectual property rights, please fill contact us at:

For us to process your infringement claim regarding content on LaunchJoy, you must be the rightsholder or someone authorized to act on behalf of the rightsholder. Your notice must include:

  • identification of the copyrighted work(s), trademark, publicity rights, or other intellectual property rights that you claim is being infringed,
  • identification of the allegedly infringing material that is requested to be removed, including a description of the specific location (i.e., urls) on LaunchJoy of the material claimed to be infringing, so that we may locate the material,
  • your contact information - your full legal name (not pseudonym) and email address,
  • a declaration that contains all of the following:
    • a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the intellectual property rights owner, its agent, or the law,
    • a statement under penalty of perjury that you are authorized to act on behalf of the intellectual property owner of the intellectual property that is allegedly being infringed
  • your physical or electronic signature (of your full legal name).

Please note that we might forward your notice of intellectual property infringement, including your contact information, to the party who will have their content removed so they understand why it is no longer available on LaunchJoy and can also contact you to resolve any dispute.

7.2. Third party's Intellectual Property

All third-party trademarks, registered trademarks, and product names mentioned on LaunchJoy or contained in the content linked to or associated with any NFTs and/or digital assets displayed on LaunchJoy 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 ChromaWay.

8. THIRD PARTY WEBSITES AND CONTENT

LaunchJoy may contain features, links or functionality to access or use third-party websites ("Third-Party Websites") and applications ("Third-Party Applications"), or otherwise display, include, or make available content, data, information, services, applications, or materials from third parties ("Third-Party Materials"). When you click on a link to, or access and use, a Third-Party Website or Third-Party Application, though we may not warn you that you have left LaunchJoy, you are subject to the terms and conditions (including privacy policies) of another website or destination. Such Third-Party Websites, Third-Party Applications, and Third-Party Materials are not under the control of ChromaWay, and may be "open" applications for which no recourse is possible. ChromaWay is not responsible or liable for any Third-Party Websites, Third-Party Applications, and Third-Party Materials. ChromaWay provides links to these Third-Party Websites and Third-Party Applications only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites or Third-Party Applications, or their products or services or associated Third-Party Materials. You use all links in Third-Party Websites, Third-Party Applications, and Third-Party Materials at your own risk.

9. LIMITATION OF LIABILITY AND INDEMNITY

Save where expressly provided, all conditions, warranties or other terms which might have effect between the parties or be implied or incorporated into this license or any collateral contract, whether by statute, common law or otherwise, are hereby excluded to the maximum extent permitted by law.

Nothing in this license shall operate to exclude or limit the ChromaWay's liability for:

  • death or personal injury caused by its negligence, or
  • fraud; or any other liability which cannot be excluded or limited under applicable law.

In no event unless required by applicable law or agreed to in writing will ChromaWay or any licensor, successors, affiliates, contractors, employees, suppliers, partners or agents be liable to you for any compensatory, direct, indirect, incidental, general, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, cost of cover, goodwill, use, data, data being rendered inaccurate or losses sustained by you or third parties or other intangible losses, even if such holder or other party has been advised of the possibility of such damages, arising from or relating to these Terms or your use or the inability to use LaunchJoy.

These limitations shall also apply with respect to damages incurred by reason of any products or services sold or provided on any third party sites or otherwise provided by any third parties other than ChromaWay (including third party application developers) and received by you through or advertised on the services or received by you on any third party sites.

To the fullest extent permitted by law, ChromaWay shall not be liable to the User for any costs, expenses, loss, or damage (whether direct, indirect, or consequential and whether economic or other) arising from the User's exercise of the rights granted to it under this agreement.

The User shall indemnify ChromaWay against all liabilities, costs, expenses, damages, and losses (including any direct, indirect, or consequential losses, loss of profit, loss of reputation and all interest, penalties, and legal costs (calculated on a full indemnity basis) and all other [reasonable] professional costs and expenses) suffered or incurred by the licensor arising out of or in connection with:

  • the Users exercise of the rights granted to it under the Terms;
  • the Users breach or negligent performance or non-performance of the Terms, including any product liability claim relating to any licensed products manufactured, supplied, or put into use by the licensee;
  • the enforcement of this agreement; and
  • any claim made against ChromaWay by a third-party for death, personal injury or damage to property arising out of or in connection with defective licensed products, to the extent that the defect in the licensed products is attributable to the acts or omissions of the licensee, its employees, agents, sub-licensees, or subcontractors.

This indemnity shall not apply to any liabilities, costs, expenses, damages, or losses incurred by ChromaWay directly or as result of any material breach by ChromaWay of any term of the Terms, or any act of gross negligence or wilful misconduct by ChromaWay.

Liability under this indemnity is conditional on ChromaWay discharging the following obligations. If any third-party makes a claim, or notifies an intention to make a claim, against ChromaWay which may reasonably be considered likely to give rise to a liability under this indemnity ("Claim"), ChromaWay shall:

  • as soon as reasonably practicable, give written notice of the Claim to the Users, specifying the nature of the Claim in reasonable detail;
  • not make any admission of liability, agreement or compromise in relation to the Claim without the prior written consent of the Users (such consent not to be unreasonably conditioned, withheld or delayed) provided that ChromaWay may settle the Claim (after giving prior written notice of the terms of settlement (to the extent legally possible) to the licensee, but without obtaining the Users consent if ChromaWay reasonably believes that failure to settle the Claim would be prejudicial to it in any material respect;
  • give the Users and its professional advisers access at reasonable times (on reasonable prior notice) to its premises and its officers, directors, employees, agents, representatives, or advisers, and to any relevant assets, accounts, documents and records within the power or control of ChromaWay, so as to enable the Users and its professional advisers to examine them and to take copies (at the licensee's expense) for the purpose of assessing the Claim; and
  • subject to the Users providing security to ChromaWay to ChromaWay's reasonable satisfaction against any claim, liability, costs, expenses, damages, or losses which may be incurred, take such action as the Users may reasonably request to avoid, dispute, compromise or defend the Claim.

OR

be deemed to have given to the Users sole authority to avoid, dispute, compromise or defend the Claim.

If a payment due from the Users under this (Protection of the Copyright and the Mark) is subject to tax (whether by way of direct assessment or withholding at its source), the licensor shall be entitled to receive from the licensee such amounts as shall ensure that the net receipt, after tax, to the Licensor in respect of the payment is the same as it would have been were the payment not subject to tax.

Nothing in this clause shall restrict or limit the ChromaWay's general obligation at law to mitigate a loss it may suffer or incur as a result of an event that may give rise to a claim under this indemnity.

10. TERMINATION

To protect the community and comply with our legal obligations, we reserve the right to take action, with or without advance notice if we believe you have violated the Terms. We may, at our sole discretion at any time, and for any reason or no reason, and without notice or liability, immediately terminate your access to all or any part of LaunchJoy. Termination may include, but not be limited to removal of your access to, or listing of LaunchJoy on ChromaWay media properties or platform; or the deletion of all account information related to LaunchJoy from ChromaWay's media properties; and barring any further use of or access to LaunchJoy by you. ChromaWay may terminate this agreement if, in ChromaWay sole discretion, ChromaWay determines that there has been a breach of these Terms, a material breach of any other agreement including the Code of Conduct and/or Privacy Policy between you and ChromaWay or a violation of law. Upon termination, all licenses granted herein end immediately. You will cease using LaunchJoy and NFTs and/or digital assets. Termination of these Terms will not relieve you of your obligation to pay any amounts you owe up to and including the date of termination.

11. GOVERNING LAW AND DISPUTE RESOLUTION

To the maximum extent allowed under applicable laws, these Terms are governed by the substantive laws of Sweden, to the exclusion of its rules of conflict of laws and to the exclusion of international treaties.

Any dispute, controversy or claim arising out of or in connection with this contract, or the breach, termination or invalidity thereof, shall be finally settled by arbitration in accordance with the Arbitration Rules of the Arbitration Institute of the Stockholm Chamber of Commerce. The arbitral tribunal shall be composed of a sole arbitrator unless the SCC in its discretion determines, taking into account the complexity of the case, the amount in dispute and other circumstances, that the arbitral tribunal shall be composed of three arbitrators. The seat of arbitration shall be Stockholm. The language to be used in the arbitral proceedings shall be English.

All arbitral proceedings, all information disclosed and all documents submitted or issued by or on behalf of any of the disputing parties or the arbitrators in any such proceedings as well as all decisions and awards made or declared in the course of any such proceedings shall be kept strictly confidential and may not be used for any other purpose than these proceedings or the enforcement of any such decision or award nor be disclosed to any third-party without the prior written consent of the party to which the information relates or, as regards to a decision or award, the prior written consent of all the other disputing parties.

12. RELATIONSHIP OF THE PARTIES

You, third parties, and we are all independent parties with respect to each other. These Terms do not mean an agency or partnership between us and you or any third party. It also does not constitute a joint venture, or an employment relationship. You agree that ChromaWay has no special relationship with or beneficiary duty to you. No parties to these Terms (including us, you, and any third party) have the right to enter into an agreement for or on the behalf of any other agreeing party. No parties to these Terms may become involved in a situation that results in obligation or liability of any other agreeing party.

13. MISCELLANEOUS

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of ChromaWay, and ChromaWay's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for reference only and shall not be read to have any legal effect. LaunchJoy is operated by us in Sweden. Those who choose to access LaunchJoy from locations outside Sweden do so at their own initiative and are responsible for compliance with applicable local laws. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity.

14. INJUNCTIVE RELIEF

You agree that a breach of these Terms will cause irreparable injury to ChromaWay for which monetary damages would not be an adequate remedy and ChromaWay shall be entitled to equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security, or proof of damages.

15. ENTIRE AGREEMENT AND SEVERABILITY

These Terms, our Privacy Policy, Cookies Policy and our Code of Conduct constitute the sole and entire agreement between you and ChromaWay regarding LaunchJoy and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding LaunchJoy. The failure of ChromaWay to exercise or enforce any right or provision of this agreement shall not constitute a waiver of such right or provision. If any provision of this agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this agreement remain in full force and effect.