Terms & Conditions
Last updated December 1, 2022
AGREEMENT TO TERMS
Please read these Terms and Conditions (the “Terms”) carefully before purchasing sections of land (hereinafter “PIX”) in the game world of Planet IX, a decentralized, community-driven platform (“CDP”) created and operated by Planet IX, Sweden (“Planet IX”, “we” or “us”). Your (“you” or “Buyer”) purchase of PIX is conditioned on your acceptance of and compliance with these Terms. If you disagree with any part of the Terms then you may not purchase PIX.
PIX are offered and available to Buyers who are 18 years of age or older. By purchasing, accessing or using PIX, you represent and warrant that you are of legal age to form a binding contract with Planet IX and meet the foregoing eligibility requirement. If you do not meet this requirement, you must not purchase, access or use PIX.
The PIX are gameplay environments which players can inhabit and the two PIX NFTs (“Landmark NFTs” & “PIX CONTROL NFTs” will exist as non-fungible tokens (“PIX NFTs”) on the Polygon Blockchain. The PIX NFTs are in finite supply, and may have different characteristics and relative value. PIX may enable users to create, buy and transfer unique digital game assets on your PIX on CDP for game-making purposes and may be used as collateral/security in CDP.
Your ownership of the PIX NFTs (“Own”) means, in relation to a PIX, that the PIX NFTs has been purchased
by you or otherwise rightfully acquired from a legitimate source, where proof of such purchase is recorded
on the Polygon Blockchain. You agree, in relation to PIX, that you Own the PIX NFTs in accordance with any
description which accompanies that PIX NFT. Unless stated otherwise in the description of the applicable
PIX, PIX that you Own may be freely transferable and/or possible to rent out under specific terms and
conditions, subject to the provision that any transferee will be subject to these Terms.
However, you acknowledge and agree that Planet IX owns all rights, title and interest in and to any art, design, photograph, and drawing that may be associated with any PIX NFT that you Own (“Art”), and all intellectual property rights therein. The rights that you have in and to the Art are limited to those expressly stated below, under “Intellectual Property Ownership, Licenses and Restrictions'' below.
Once you Own a PIX NFT, you are responsible for any loss or damage to, or loss of access to, the PIX and
Planet IX shall have no liability whatsoever in such circumstances, regardless of cause. You expressly
understand and agree that your use of the PIX NFT and CDP is at your sole risk and that the PIX NFT and
CDP are provided “as is'' and “as available.” All sales of PIX NFTs are final.
Planet IX reserves the right to subject the transfer of PIX NFTs to a dedicated transfer policy, as drafted up at Planet IX’s sole discretion (an “NFT Transfer Policy”). Any applicable NFT Transfer Policy, as in force from time to time, shall be made available on the CDP website. After a PIX NFTs is initially sold or otherwise released or put into circulation by Planet IX, Planet IX has no control over subsequent transactions. Accordingly, we will have no liability to you (or anyone else) as a result of any transactions that you engage in with respect to handling PIX NFTs. However, due to the nature of the Planet IX Merkle Tree, we reserve the right to resupply PIX to the CDP platform after an extended period of inactivity with or without notice at any time. Such measures may give you the right to the same amount of PIX upon request.
Once you have made a purchase of a PIX NFT we therefore encourage you to promptly take the necessary steps to complete your transaction (e.g., activate or download any content or secure any seed phrase or corresponding private key).
Within your PIX NFT, you may be able to edit your Metadata to adjust title, description, URL link, preview image, and logo within the limits of the smart contracts. All Metadata (and any URL, images, or logos to which it links or that are uploaded) must comply with these Terms and specifically cannot link to or contain any material or content that is pornographic, threatening, harassing, libelous, hate-oriented, harmful, defamatory, racist, xenophobic, or illegal under applicable laws in certain jurisdictions. All Metadata are subject to Planet IX’ CODE OF CONDUCT. Planet IX reserves the right to moderate and/or delete any Metadata that does not comply with these Terms or the CODE OF CONDUCT.
We reserve the right to require that you register with us in order to access the PIX. 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, private key, or other form of secure authentication that will be used to access your account (“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 a third party. Planet IX is 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 PIX.
You acknowledge and agree that certain data pertaining to you, which you may view as sensitive, will be accessible to the public through the Polygon Blockchain. Such data includes, but is not limited to information identifying and/or otherwise pertaining to your User Account.
You authorize Planet IX to act on instructions received through use of your Password, and that Planet IX may, but is not obligated to, deny access or block any transaction made through use of your Password without prior notice.
TERMS OF SERVICE, PRIVACY AND SECURITY
incorporated herein by reference. Any information that you may provide to Planet IX during your use of the
Party Site included in CDP is governed by the terms of service of the applicable third party site.
You are solely responsible of ensuring that any process, devices and/or services you employ to access or use your PIX or any of the websites and the CDP platform (in particular, without limitation, to acquire, hold, manage and sell PIX) 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, Planet IX 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 PIX or any of the CDP-websites or CDP.
SALE OF PIX; PAYMENT
Any revenue earned for sales or rentals of the PIX, minus any transaction fees, shall be paid to you
immediately on the Polygon Blockchain, by the purchaser of your PIX. If you elect to sell or rent your
PIX, any financial transactions that you engage in will be conducted solely through Polygon Blockchain via
MetaMask (or other EVM-compatible wallets and browsers). Planet IX has no insight into or control over
these payments or transactions, nor do we have the ability to reverse any transactions. With that in mind,
Planet IX 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 regarding the PIX.
Planet IX reserves the right to charge a fee for sales transactions that occur in CDP from the purchaser. Such a fee will automatically be applied as part of the sales transaction.
As between you and Planet IX, you will be solely responsible to pay any and all sales, use, value-added and other taxes, duties, and assessments (except taxes on Planet IX’s net income) now or hereafter claimed or imposed by any governmental authority (collectively, “Taxes”) associated with your use of PIX (including, without limitation, any Taxes that may become payable as a result of your ownership, renting out or transfer of PIX).
You acknowledge that certain operations in respect of the PIX, in particular, without limitation, the
transfer of PIX to third parties, 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 the PIX to
engage into any such activities and that Planet IX makes no representation in respect of, or otherwise in
connection with, the suitability of the PIX and/or any output generated by using the PIX, to engage into
any regulated activity regarding the PIX or such output’s compliance with laws and regulations applicable
to such activities. If you choose to engage in regulated activities, you do so at your own risk and sole
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 agree to ensure compliance with any applicable legal requirements at your own cost and responsibility in using the PIX and/or any output generated by using the PIX.
INTELLECTUAL PROPERTY OWNERSHIP, LICENSES AND RESTRICTIONS
Subject to the licenses expressly granted below, Planet IX (or where applicable, our licensors) own all
rights, title and interest in and to (i) the Art and all proprietary source code, object code and other
technology associated with the PIX and CDP and (ii) any and all other content and materials available
through the PIX, CDP and CDP-websites, any associated application, and all intellectual property rights
therein (“Planet IX Intellectual Property”). Planet IX Intellectual Property may only be used in
connection with the PIX, for personal, non-commercial purposes, as expressly permitted in these Terms.
Unless explicitly stated, you should assume that all Planet IX Intellectual Property is protected by copyright, trademark and other applicable intellectual property laws and may not be used except as permitted in these Terms. Planet IX does not grant, by implication, estoppel, or otherwise, any license or right to use any Planet IX Intellectual Property or PIX in a manner inconsistent with these Terms without the prior written permission of Planet IX and/or any third party that may own additional intellectual property.
Planet IX grants you a limited, non-exclusive, non-transferable, revocable license to access and use the
CDP platform and any PIX that you Own (including all software, Art, content, virtual items and other
material associated with the PIX) for your own personal, noncommercial use only. You may not use the CDP
platform for any unlawful purpose. We reserve all rights in and to the CDP platform and the PIX not
expressly granted to you under these Terms.
Without limiting the generality of the foregoing, subject to your continued compliance with these Terms, Planet IX grants you a limited, non-exclusive, non-transferable, royalty-free license to display the Art for PIX that you Own, solely, for the following purposes: (i) for your own personal, non-commercial use; or (ii) as part of a marketplace that permits the purchase and sale of PIX (provided that the marketplace cryptographically verifies each PIX owner’s right to display the Art to ensure that only the actual owner of the PIX can display the Art).
You may not (and may not permit any third party to): (i) modify the Art in any way, including without limitation, the shapes, designs, drawings, attributes, or color schemes; (ii) use the Art to advertise, market, or sell any product or service; (iii) use the Art in any manner which would constitute or amount to an endorsement of or relationship with any particular third party, entity, product, product category, charity or service (iv) grant any third-party the right to use through the Art; (v) use the Art in connection with images, videos, or other forms of media or content that depict or promote violence, hatred, sexual conduct, illicit drugs or anything else that could reasonably be found to constitute hate speech or otherwise infringe upon the rights of others; (vi) use the Art in movies, videos, or other forms of media, except solely for your own personal, non-commercial use; (vii) sell, distribute, or otherwise commercialize merchandise that depicts, embodies, contains, or consists of the Art; (viii) attempt to trademark, copyright, or otherwise acquire any intellectual property rights in the Art except for the license granted pursuant to these Terms; or (ix) otherwise use the Art for your or any third party’s commercial benefit. To the extent that the Art contains any intellectual property licensed from a third party, you will not have the right to use such third party intellectual property in any way except as incorporated in the Art (and subject to all of the restrictions set forth herein with respect to your use of the Art).
The license granted in these Terms apply only to the extent you continue to Own the applicable PIX. If at any time you sell, trade, donate, give away, transfer, or otherwise dispose of a PIX for any reason, the license granted in these Terms will immediately expire, and you will have no further rights in or to the PIX or the related Art.
In addition, you agree that you shall not remove any proprietary notices or labels on or in the Planet IX Intellectual Property and/or not bypass, modify, defeat or circumvent any technologies or methods to deliver or protect the PIX or any other Planet IX Intellectual Property.
We reserve the right to modify or discontinue the PIX or the CDP platform (or any parts of any associated software or applications relating thereto) with or without notice at any time. Planet IX (including, without limitation, our licensors) shall not be liable to you or any third party for any modification, suspension or discontinuance of the PIX or the CDP platform or any associated software, applications or functionality.
We may, in our sole discretion at any time, and for any reason, and without notice or liability, immediately terminate your access to all or any part of any PIX and CDP. Termination may include, but not be limited to (i) removal of your access to, or listing of PIX on, Planet IX’s media properties, (ii) the deletion of all account information related to the PIX from Planet IX’s media properties, and (iii) barring any further use of or access to the CDP platform by you.
ASSUMPTION OF RISK
You acknowledge that: (i) markets and prices for blockchain assets, such as NFTs, are volatile, variations in prices for other digital assets could materially and adversely affect the value of any PIX that you Own, and there is no guarantee that any PIX that you Own will have or retain any value; (ii) there are risks associated with CDP, NFTs, cryptocurrencies and other internet-native assets, including but not limited to the risk of hardware, software, and internet connectivity failures, malicious software, and the risk that third parties may obtain unauthorized access to your assets, and neither Planet IX nor any of its licensors shall be responsible for, or have any liability with respect to, any of these; (iii) Planet IX does not promise to host the Art at any specific location or to make the Art available on the internet for any specific period of time; (iv) changes to the Polygon Blockchain may have adverse effects on all blockchains using such platform, including without limitation, PIX that you may Own; and (v) neither Planet IX nor any of its licensors shall be responsible for, or shall have any liability with respect to, any transaction between you and a third party (such as your purchase or sale of a NFT on the so-called “secondary market”).
NO REPRESENTATIONS AND WARRANTIES
Planet IX DOES NOT MAKE ANY REPRESENTATION OR GIVE ANY WARRANTY IN RESPECT TO ANY CHARACTERISTICS OF THE
PIX OR CDP. ALL WARRANTIES ARE EXPRESSLY EXCLUDED TO THE MAXIMAL EXTENT PERMITTED UNDER APPLICABLE LAWS.
IN PARTICULAR, WHILE Planet IX HAS ENDEAVORED TO TAKE ALL REASONABLE MEASURES AND APPLY APPROPRIATE CARE
IN THE PREPARATION OF THE CONTENT OF THE PIX AND CDP, Planet IX NEITHER REPRESENT NOR WARRANT THAT: - THE
PIX RUNS UNINTERRUPTED AND ERROR-FREE;
- THE USE OF THE PIX IS FIT FOR ANY PARTICULAR PURPOSE AND DOES NOT INFRINGE UPON ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS;
- ANY INFORMATION CONTAINED IN PIX AND/OR ANY OF THE CDP WEBSITES OR ON CDP IS ACCURATE, ADEQUATE, COMPLETE OR ERROR FREE.
EXCEPT WHEN OTHERWISE STATED IN WRITING Planet IX, THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES PROVIDE CDP AND PIX “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 CDP AND ANY PIX THAT YOU OWN IS WITH YOU.
LIMITATION OF LIABILITY
IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL Planet IX (OR ANY LICENSOR) BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE PIX OR CDP (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NO MODIFICATIONS, TAMPERING OR CIRCUMVENTION
You may neither modify, decompile, disassemble nor otherwise tamper with or circumvent all or any portion of the PIX or CDP, in particular, but not limited to, the underlying rules and mechanics of the PIX or CDP and/or the code of the PIX or CDP, its user interface and/or its operating principles, unless separately agreed in writing.
NO REVERSE ENGINEERING
You may not reverse engineer any source code that is not open source regarding the PIX or CDP or otherwise attempt in any way to derive or otherwise determine the source code for the operation of the PIX or CDP.
NO COPIES, NO DERIVATIVE WORKS
You may not adapt, reproduce, store, distribute, print, display, publish or create copies or derivative works from any part of the PIX, CDP or CDP-websites other than in accordance with the License.
NO USE OF BOTS
You may not utilise any automated software or “bots” in relation to your access or use of the PIX, CDP or CDP-websites.
NO SERVER OVERLOAD
You may not knowingly perform any actions that may cause the computers used to support the PIX, CDP or CDP-websites (the “Servers”) to become overloaded or crash.
NO DATA GATHERING AND EXTRACTION
You may not use any data gathering and extraction tools or software to extract information from the PIX, CDP or CDP-websites or utilize framing techniques to enclose any of the contents of the PIX, CDP or CDP-websites.
NO UNAUTHORIZED USE OF TRADEMARKS, LOGOS, PROPRIETARY NAMES AND GRAPHICS
Without Planet IX’s written approval, you may not use any of Planet IX’s or CDP’ logos, trademarks or other proprietary names or graphics. For the avoidance of doubt, this restriction also applies if such uses are made in association with links to CDP.
NO UNAUTHORIZED USE OF META TAGS
You may not use any meta tags or other hidden text which incorporate Planet IX’s name or any of its intellectual property including trademarks without Planet IX’s prior written approval.
This “Posting Policy” applies to any comments you post or any statements you make in any manner in
connection with the PIX, in particular on CDP and/or any CDP-website (which includes for the avoidance of
doubt any associated forums, chat rooms and/or other messaging services) or any messages you send to other
users of PIX (including as part of the CDP gameplay) in any way, whether facilitated or otherwise
Posts may not, without the prior written approval by Planet IX:
- represent any views or opinions other than your genuine opinion of the matter in question; nor - contain any personal abuse, foul language, inappropriate subject matter, obscene, harassing, threatening, hateful, or discriminatory or defamatory remarks of any nature, as may be determined by Planet IX at its sole discretion, or otherwise breach or infringe on any third party rights (in particular, without limitation, third party intellectual property rights) and/or applicable laws or court orders;
- advertise or promote any person or entity or their goods or services; or
- breach any of the representations below.
Planet IX reserves the right, without notice, explanation or liability, to:
- restrict or remove your ability to make posts;
- disallow the posting of any specific posts;
- edit any specific posts; and/or
- fully remove any posts from CDP, any CDP-website or anywhere else where they appear or are stored.
SUPPORT, UPDATES, ALTERATIONS, DISCONTINUATION
Planet IX may, but has no obligation to, offer and subsequently amend, alter, suspend or discontinue
support services with regard to the PIX and CDP on such terms as Planet IX may determine within its sole
discretion. At all times, Planet IX retains the right to use and/or dispose of the PIX and CDP, at Planet
IX’s sole discretion, as Planet IX deems appropriate, including without limitation the right, without
notice, to alter, modify, redesign, suspend or discontinue, at any time, any aspect or feature of the PIX
In particular, without limitation, Planet IX has the right, but no obligation, to maintain, modify and/or update the PIX and CDP within its sole discretion. Planet IX may, but has no obligation to, provide technical support in respect of PIX and CDP. You acknowledge and agree that such maintenance, updates, alterations, modifications, redesigns, suspensions or discontinuations may affect (also including by limiting or terminating) the functionality of the PIX and CDP.
Planet IX does not undertake to keep any of the PIX, CDP or CDP-websites updated. To the greatest extent permitted by law Planet IX does not accept liability for any loss or damage which may result either directly or indirectly from reliance by you upon the accuracy or currency of information contained in any of the PIX, CDP or CDP-websites or in relation to any posts, including without limitation where such loss or damage is a result of or contributed to by the negligence of Planet IX.
LOSS OF DATA
In the event that any information or data relating to you or your use of any of PIX, CDP or CDP-websites held by Planet IX or any third-party on behalf of or in coordination with Planet IX is lost, corrupted or otherwise no longer reasonably available or accessible as determined by Planet IX in its sole discretion, you agree that to the greatest extent permissible at law Planet IX will have no liability to you of any nature relating to any such information or data.
BREACH AND REMEDIES
You understand and agree that observance of your obligations hereunder is of significant importance to
Planet IX and that, if you breach these Terms, Planet IX would incur serious losses and other detrimental
consequences which might not easily be cured.
If you breach any provision of, or undertaking, under these Terms, Planet IX shall have the right to seek specific performance in respect of your obligations under these Terms including but not limited to the right to request that you cease and/or desist from committing any breach of such obligations, whether or not this forces you to abandon any commercial activity or not to pursue any opportunities at that time (cease and desist injunction).
Planet IX has the right to seek interim legal protection to prevent detrimental consequences and effects that cannot easily be remedied or to ensure an effective enforcement of your obligations under this Agreement. In such event, you fully waive any right you may have under applicable laws to request the provision of securities by Planet IX.
PPlanet IX may terminate this Agreement if, in Planet IX’s sole discretion, Planet IX determines that
there has been a breach of these Terms, a material breach of any other agreement between you and Planet IX
or a violation of law.
Upon termination, all licenses granted herein end immediately. 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.
NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in these Terms, there shall be no third party beneficiaries to these Terms. You acknowledge and agree that Planet IX’s licensors are a third party beneficiary of these Terms.
ENTIRE AGREEMENT; WAIVER; SEVERABILITY
Planet IX reserves the right to amend these Terms from time to time upon placing any such amendments on the CDP-website or by providing you direct notice of any such changes. Your continued use of any of the PIX, CDP or CDP-websites thereafter will be deemed as acceptance by you of any such changes to these Terms.
Planet IX will at a later date, and is hereby permitted, to assign all of Planet IX’s rights and obligations under these Terms. These Terms shall be binding upon and inure to the benefit of the permitted assignee of Planet IX.
APPLICABLE LAW AND JURISDICTION
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.
STATUTE OF LIMITATIONS
You agree that regardless of any statute or law to the contrary, any claim, arbitration claim, or cause of action you may have arising out of or related to the use of any PIX or the CDP platform must be filed within one (1) year after such claim or cause of action arose or be forever barred.
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 seat of arbitration shall be Stockholm, Sweden.
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.
In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:[email protected]