UPSHOT TERMS AND CONDITIONS
Effective Date: [Date]
Last Updated: [Date]
1. ACCEPTANCE OF TERMS
By accessing or using the Upshot platform ("Platform," "Service," "App"), you agree to be bound by these Terms and Conditions ("Terms"). If you do not agree to these Terms, do not use the Platform.
2. DESCRIPTION OF SERVICE
Upshot is a digital card collecting platform that allows users to:
- Collect, trade, and manage digital cards
- Participate in contests and competitions
- Win cash prizes based on specified outcomes and conditions
- Engage with other users in the community
3. ELIGIBILITY
To use Upshot, you must:
- Be at least 18 years of age (or the age of majority in your jurisdiction)
- Be legally permitted to participate in contests with cash prizes in your jurisdiction
- Provide accurate and complete information during registration
- Maintain the security of your account credentials
Residents of certain jurisdictions may be prohibited from participating in cash prize contests due to local laws.
4. ACCOUNT REGISTRATION AND SECURITY
4.1 Account Creation
- You must create an account to access certain features
- You are responsible for maintaining accurate account information
- One account per person is permitted
4.2 Account Security
- You are responsible for maintaining the confidentiality of your login credentials
- You must notify us immediately of any unauthorized use of your account
- We are not liable for losses resulting from unauthorized account access
5. DIGITAL CARDS AND NFTs
5.1 NFT Ownership and Rights
- Digital cards are minted as Non-Fungible Tokens (NFTs) on the blockchain
- When you acquire an NFT card, you own the NFT token itself, subject to these Terms
- Ownership of the NFT does not grant ownership of the underlying intellectual property, artwork, or copyrights
- We retain all intellectual property rights in card designs, artwork, names, and associated content
5.2 Blockchain and Smart Contracts
- NFT transactions are recorded on the blockchain and may be irreversible
- Smart contract interactions are subject to blockchain network conditions and fees
- We are not responsible for blockchain network failures, delays, or gas fees
- You acknowledge the experimental nature of blockchain technology and associated risks
5.3 NFT Trading and Transfers
- NFTs may be traded on the Platform or compatible third-party marketplaces
- Trades conducted outside the Platform are at your own risk
- We may impose restrictions on certain NFT transfers for regulatory compliance
- You are responsible for understanding tax implications of NFT transactions
5.4 Minting and Creation
- New NFT cards are minted according to predetermined rules and schedules
- Minting may be subject to network congestion and technical limitations
- We reserve the right to modify minting schedules or parameters with notice
6. CASH PRIZES AND CONTESTS
6.1 Prize Eligibility
- Cash prizes are awarded based on specified contest rules and outcomes
- Users must meet all eligibility requirements to receive prizes
- Prizes are subject to applicable taxes and withholdings
6.2 Prize Distribution
- Winners will be notified through the Platform or registered email
- Prizes will be distributed via approved payment methods
- Unclaimed prizes may be forfeited after specified time periods
6.3 Contest Rules
- Each contest has specific rules, entry requirements, and prize structures
- Contest rules form part of these Terms when you participate
- We reserve the right to modify or cancel contests with appropriate notice
7. PAYMENT AND FEES
7.1 Platform Fees
- Certain features may require payment of fees
- All fees are non-refundable unless otherwise specified
- We reserve the right to modify fee structures with notice
7.3 Cryptocurrency and Digital Assets
- The Platform may involve transactions in cryptocurrency or other digital assets
- You are responsible for understanding cryptocurrency risks and regulations
- Cryptocurrency transactions may be irreversible and subject to network fees
- We do not provide investment advice regarding digital assets or NFTs
8. USER CONDUCT
You agree not to:
- Use the Platform for illegal activities or gambling prohibited in your jurisdiction
- Create multiple accounts or use fraudulent information
- Attempt to manipulate contests, outcomes, or the Platform's systems
- Engage in harassment, abuse, or inappropriate behavior toward other users
- Use automated tools, bots, or scripts to access the Platform
- Reverse engineer or attempt to compromise Platform security
- Engage in wash trading, market manipulation, or other fraudulent NFT activities
- Use the Platform for money laundering or other financial crimes
- Violate any applicable securities, commodities, or digital asset regulations
9. INTELLECTUAL PROPERTY
9.1 Platform Content
- All Platform content, including card designs, artwork, and software, is our property
- You may not reproduce, distribute, or create derivative works without permission
- User-generated content remains your property but you grant us license to use it
9.2 Third-Party Content
- Some content may be licensed from third parties
- Third-party licensors retain their intellectual property rights
- Use of third-party content is subject to applicable license terms
10. PRIVACY AND DATA
Your privacy is important to us. Our Privacy Policy, incorporated by reference, explains how we collect, use, and protect your information.
11. DISCLAIMERS AND LIMITATIONS
11.1 Service Availability
- The Platform is provided "as is" without warranties
- We do not guarantee continuous, error-free operation
- We may suspend or modify the Service at any time
11.4 Limitation of Liability
- Our liability is limited to the maximum extent permitted by law
- We are not liable for indirect, incidental, or consequential damages
- Total liability shall not exceed the amount you paid to us in the preceding 12 months
- We are not liable for losses due to blockchain network issues, smart contract failures, or NFT value fluctuations
12. INDEMNIFICATION
You agree to indemnify and hold us harmless from claims arising from:
- Your use of the Platform
- Violation of these Terms
- Infringement of third-party rights
- Your user-generated content
- Your NFT transactions and ownership
- Violations of securities, commodities, or digital asset regulations
- Tax liabilities related to NFT transactions
13. TERMINATION
13.1 Termination by You
- You may terminate your account at any time
- Termination does not relieve you of obligations incurred before termination
13.2 Termination by Us
- We may terminate accounts for Terms violations
- We may suspend the Platform for maintenance or other reasons
- Upon termination, your right to use the Platform ceases immediately
14. DISPUTE RESOLUTION
14.1 Governing Law
These Terms are governed by [State/Country] law, without regard to conflict of law principles.
14.2 Arbitration
Disputes shall be resolved through binding arbitration rather than in court, except for small claims court matters and intellectual property disputes.
14.3 Class Action Waiver
You agree to resolve disputes individually and waive rights to participate in class actions.
15. GENERAL PROVISIONS
15.1 Entire Agreement
These Terms constitute the entire agreement between you and Upshot regarding the Platform.
15.2 Modifications
We may modify these Terms at any time. Continued use after modifications constitutes acceptance.
15.3 Severability
If any provision is found unenforceable, the remaining provisions shall remain in effect.
15.4 Assignment
We may assign these Terms; you may not assign without our consent.
15.5 Contact Information
For questions about these Terms, contact us at:
- Email: [legal@upshot.com]
- Address: [Company Address]