Terms of Use
1. Terms of Acceptance
The Firework Games (hereinafter "Firework"), owns rights for Spark Era, White Paper and website https://firework.games (hereinafter "Website") and other intellectual property. Please read the Terms of Use (hereinafter "Terms" or "Terms of Use") carefully before using the Tools and the Website.
By using or visiting the Website in other ways, you should:
(1) Accept and agree to the constraints bound by in the Terms;
(2) Accept the risks that tools are still in testing phase and that you need to bear, as further explained in Section 2 below;
(3) Reach the acquired age that is allowed to use the Tools and Website as hereinafter defined in Sections 3 and 9 below;
(4) Consent to the collection, use, disclosure and other handling of information as described in the Privacy Policy, click for more details: Privacy Policy;
(5) Firework will issue some additional terms, rules and conditions of participation from time to time. If you do not agree to the Terms, any access or use of the Tools and Website is not available.
Firework takes no further obligation to operate the Tools and Website and may not assume any liability for stopping to operate one or more of the Tools in the future.
The source code of the Tool software released under an open source license must be used in accordance with the applicable open source license terms and conditions. The community or third parties may develop other similar tools in the future.
2. Modification of Disclaimers and Terms of Use
The Website and the game Spark Era are still in testing phase which is provided on an "as is" and "as available" basis and may contain defects and software bugs. You are advised to safeguard important data, property and content, to use cautiously, and not to rely on any way on the correct or secure functionality or performance of the Tools.
Except for Section 17 that regulates binding arbitration and waiver of collective lawsuit rights, Firework reserves the right to modify or replace the Terms of Use at any time. The updated version of the Terms will be posted on the Website. You shall be responsible for examining and being familiar with any such modifications. Use of the Tools constitutes your acceptance of the Terms of Use as modified.
3. Eligibility
You hereby represent and warrant that you are fully competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in the Terms and will comply with the Terms. Firework is a global platform. By accessing the Content, the Website or Tools, you represent and warrant that you reach the legal age in your jurisdiction as is required to access such Tools and Content and enter into arrangements as provided by the Tools. You further represent that you are legally permitted to use the Tools in your jurisdiction including owning cryptographic tokens, and interacting with the Site, Tools or Content in any way. You further represent that you are responsible for ensuring compliance with the laws of your jurisdiction and acknowledge that Firework is not liable for your compliance or not. You further represent and warrant that all funds or assets used have been lawfully obtained in compliance with all applicable laws.
4. Account Access and Security
Access to the Tools is provided via a third party private key (e.g., a Web3 Provider, Metamask, a USB interface of Ledger Wallet, the Mist browser, or other). Security and secure access to each account in the Tools is provided solely by the third party private key that you select to administer your private key. You and the selected third party private key take full responsibility for the security related to access of the Tools and all information provided to third party provider (including but not limited to email or phone number). Firework bears no responsibility for any breach of security or unauthorized access to your account. You are advised to: (a) avoid to use the same password with your selected third party private key that you have ever used before; (b) keep your password and any related secret information secure and confidential and do not share them with anyone else.
You are solely responsible for all activities conducted through your account whether or not you authorize the activity. The fraud, illegal or any behaviors that violate the Agreement are discovered or reported (whether by you or someone else) in your Account, the Website may terminate your Account (or Accounts) at any time.
You take full responsibility for maintaining the confidentiality of your password and restricting access to your devices hereby. You take full responsibility for any damage resulting from your disclosure, or authorization of the disclosure to your password, or from any person's use of your password to gain access to your Account.
You must immediately notify Firework of any unauthorized use or access to your Account, password, or other security breach. However you should accept that due to the nature of the Tools, Firework will likely be unable to remedy any issues.
Firework will bear no liability for any loss or damage (of any kind and any legal theory) to you or any third party arising from the inability or failure to comply with any of the obligations above for any reason.
Firework will bear no liability for any loss or damage arising from your share or other loss of your private key or related information, or any loss or damage arising from unauthorized access to your Account.
Transactions in the Website are confirmed with BSC (Binance Smart Chain) or Ethereum. You accept and acknowledge that your BSC or Ethereum public address will be opened to the public.
If you reside in a jurisdiction where online gambling is banned (such as the United States, China and South Korea), you must avoid accessing Content which includes online gambling.
5. Statements and Risks
5.1 Disclaimer
You acknowledge and agree that your use of the Tools and the Website is at risk. The Tools and the Website are provided on an "as is" and "as available" basis, without warranties of any kind, without expressly limitation, or implied warranties of merchantability, fitness for a particular purpose or non-infringement. You acknowledge and agree that Firework has no control eights or duty to take any action regarding: which users gain access to or use the Tools; what effects the Tools may have on you; the FIRE you own; how you may interpret or use the Tools; or what actions you may take or fail to take as a result of having been exposed to the Tools. You release Firework from all liability for your inability to access to the Website, Tools or any Content therein. Firework is not and cannot be responsible for and makes no representations, warranties or covenants concerning any content contained in or accessed through the Website, Tools, and Firework will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Tools.
5.2 Complexity and Risk of Cryptography System
By utilizing the Tools, the Website or any ways, or content interaction provided or contained in the platform, you represent that you acknowledge the inherent risks associated with cryptography systems; and warrant that you understand the usage, risks, potential bugs based on novel technology (where applicable), and intricacies of native cryptographic tokens, like Ether (ETH) and Bitcoin (BTC), and tokens based on smart contract such as those that follow the Ethereum Token Standard , FIRE (the ERC-20 token), Loot Boxes (the ERC-721 token) and blockchain-based software systems.
5.3 Risk of Regulatory Actions in One or More Jurisdictions
Firework, FIRE and USDT could be impacted by one or more regulatory inquiries or action, which may impede or limit your ability to access or use the Tools or BSC.
5.4 Weaknesses or Risk of Vulnerability in Cryptography
You acknowledge and agree that cryptography is a progressing field. Advances in code cracking or technical advances in the development of quantum computers may present risks to smart contracts, cryptocurrencies and the Tools, which may result in the theft or loss of your cryptographic tokens or property, and other potential consequences. To the extent possible, Firework intends to undertake reasonable measures to update the basic protocol underlying the Tools to illustrate any advances in cryptography, and to incorporate additional security measures that the Firework should realize. But Firework does not guarantee or otherwise represent that it can provide security for the system in other ways. By using the Tools you acknowledge and agree to undertake these risks.
5.5 Volatility of Crypto Assets
FIRE, ETH or other similar blockchain technologies are allowed in the Website. You acknowledge and agree that FIRE, Ether, blockchain technologies and associated assets, and other assets are highly volatile due to many factors, including but not limited to popularity, adoption, speculation, regulation, technology and security risks. You also acknowledge and agree that the cost of transacting on such technologies is variable and may increase at any time, thus causing impact to any activities on the BSC. Firework won’t invite or make any requests to acquire, purchase, sell, transfer or bargain any crypto assets. Third parties may provide services involving the acquisition, purchase, sale, transfer or exchange of crypto assets; Firework does not provide such services and won’t undertake any liability related thereto. You acknowledge and agree the risks and represent that the Firework won’t undertake any liability for changes and fluctuations in value or increased costs.
There are risks associated with using an Internet-based currencies, including but not limited to the risk of hardware, software and Internet connections failure or problems, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to information stored within your wallet. You accept and acknowledge that the Firework will not be responsible for any communication failures, disruptions, errors, distortions or delays when using the Ethereum network or any side-chain or similar devices for processing transactions, whatever the reasons.
5.6 Application Security
You acknowledge and agree that the Website, the Tools and related applications are software code and are subject to flaws, and acknowledge that you are fully responsible for evaluating any smart contract, codes provided by the Website, Tools or Content and the trustworthiness of any third parties, as well as products, smart-contracts, or Content you access or use through the Tools. You further expressly acknowledge and agree that BSC applications can be written maliciously or negligently, so Firework won’t be liable for your interaction with such applications and such applications may cause the loss of property or even identity. This warning and others later provided by Firework in no way evidence or represent an on-going duty to alert you to all of the potential risks of utilizing the Tools or the Website.
5.7 Third Party Providers
Firework neither owns nor controls MetaMask, Ledger Wallet, the Mist browser, Google Chrome, the BSC network, any Web3 Provider or any other third party site, product, or service that you may access, visit, or use for the purpose of utilizing various features of the Tools. Firework shall not be liable for the acts or omissions of any such third parties, nor for any damage that you may suffer because of your transactions or any other interaction with any such third parties.
5.8 Taxes
You are fully responsible for determining the taxes(if any) apply to your Spark Era card transactions and any other transaction conducted by you. Firework does not, and will not, know or control over any transactions conducted in Spark Era, and thus not responsible for determining the taxes that apply to your transactions through the Tools or taxes involving any card transactions, or any other related transactions, and is not to act as a withholding tax agent in any circumstances whatsoever.
5.9 Uses of the Website
You acknowledge and agree that the Website do not store, send, or receive Spark Era Cards. This is because cards exist only by virtue of the ownership record maintained on the Tools' supporting blockchain in the BSC network. Any transfer of cards occurs within the supporting blockchain in the Ethereum main network, and not within the Tools.
5.10 Risk of Changes in Blockchain Platform
The blockchain platforms we use include Euthereum main network, Layer2 polygon of Euthereum and BSC. The upgrading, hard fork or changes in transaction confirmation methods of these net may have cause adverse effects on all blockchains using the ERC-20 standard and ERC-721 standard.