Terms of Use

Last Updated: Mar 7, 2024

Welcome to Paradigm Found, a game and the latest addition to the Paradigm Lost fictional universe and immersive experiences. Paradigm Lost is a media and entertainment company with an associated set of Sites (such as Paradigm Found and CyberBrokers) and Services that host, foster, and cultivate the Paradigm Lost storyline and fictional universe (the “Paradigm Lost Universe”).

These Terms of Use (the “Terms of Use,” “Terms,'' or “Agreement”) are entered into by and between you and both PARADIGM FOUND and PARADIGM LOST (“Company,” “we,” or “us”). The following terms and conditions, together with any documents or language they expressly incorporate by reference, govern your access to and use of the Paradigm Found game and the Paradigm Lost Universe, including any content, functionality, and services offered today or in the future on or through the Paradigm Lost Universe and other linked or referenced sites (“affiliates”).

Within Paradigm Found and the encompassing Paradigm Lost Universe, 'Digital Assets' categorically include both Non-Fungible Tokens (NFTs) and distinct digital assets with specific rights as detailed in the CyberBrokers Inc. Terms of Use, alongside in-game assets unique to Paradigm Found gameplay. The rights and licenses attributed to these assets are distinctly governed.

• CyberBrokers Digital Assets: These are NFTs and specific rights digital assets that confer certain rights and licenses to their owners as outlined in the CyberBrokers Inc. Terms of Use. Users must refer to this document for comprehensive details on the rights and restrictions associated with these assets, including comprehensive guidelines and conditions under which these assets may be utilized beyond the scope of Paradigm Found. The CyberBrokers Inc. Terms of Use are hereby incorporated by reference, and by agreeing to these Terms of Use, you acknowledge and agree to comply with the guidelines, rights, and restrictions set forth therein.
• In-Game Assets: Virtual items, rewards, or artwork featured and/or obtained within the Paradigm Found game, which do not offer the same rights or licenses as NFTs or specific rights digital assets. These in-game assets represent a different class of digital assets with use and rights confined within the Paradigm Found gameplay environment.

TLDR#

Our Site, the Services, and all content are strictly for the use of you, our Users. Please read the entire Terms of Use as this TLDR is a quick summary only. We encourage you to use the Sites and Services and contribute User Content. You understand you grant to us a right to use any User Content as discussed below. No illegal or improper use is allowed and we reserve the right to suspend or close any accounts we believe violate these Terms of Use.

The Paradigm Found game further expands the greater Paradigm Lost Universe. While it currently offers connections to fiat payment platforms, crypto rails, and user rewards opportunities, it will soon/eventually link to standard social media (such as Discord/Twitter) and other 'virtual puzzle' worlds. The Paradigm Found playing experience may incorporate images, elements, parts, pieces, layers, SVG or otherwise (each an 'Artwork Element'), each of which may be protected by Copyright or Trademark laws.

Incorporation#

Paradigm Found, the latest addition to the Paradigm Lost Universe by the parent company, has officially launched in March 2024. Both the game and the scope and functionality of the Paradigm Found website are designed to evolve. We will continually develop upgrades and expanded offerings for Paradigm Found, further enriching the greater Paradigm Lost Universe. Gameplay may also be enhanced for users who maintain accounts on other affiliates within the Paradigm Lost Universe, such as CyberBrokers. As such, any gameplay or website functionality not available at the time of your account creation is planned to be added or enhanced in the future. By completing the account registration process, you acknowledge and agree that such future additions and enhancements are considered part of the Terms of Use (whether explicitly referenced or not), and your access to and use of these future additions/enhancements will be governed by the terms and conditions specified in the Terms of Use.

Skill-Based#

Paradigm Found is expressly a skill-based game. While limited gaming scenarios and/or options within Paradigm Found may contain (either presently or in the future) a non-material element of chance, such scenarios and/or options are universally predicated on an individual player’s skill achievement and advancement within the game. Skill will always be the dominant factor in an individual player’s outcome while playing Paradigm Found.

Accepting these Terms#

These Terms of Use set out your rights and responsibilities when you use Paradigm Found (including the Sites and the Services), so please read them carefully.

By completing the account registration process, or using the Sites or Services, you accept and agree to be bound and abide by these Terms of Use and you certify that you are at least 18 years of age. If you are younger than 18, you may only access Paradigm Found (and the Paradigm Lost Universe) through an adult’s account with the account holder’s approval and oversight. The account holder shall be responsible for your use of the account. If you do not agree to these Terms of Use, you must not access or use the Sites or Services.

Please note that this Agreement contains an arbitration clause and class action waiver. By agreeing to these Terms of Use, you agree to resolve all disputes through binding individual arbitration, which means that you waive any right to have the dispute decided by a judge or jury, and you waive any right to participate in collective action, whether that be a class action, class arbitration, or representative action.

Paradigm Found reserves the right to change or modify these Terms of Use at any time and in our sole discretion. You agree and understand that by logging into your account, accessing or using the Sites following any change to these Terms of Use, you agree to the revised Terms of Use and all of the terms incorporated therein by reference. We encourage you to review the Terms of Use from time to time to ensure that you understand the terms and conditions that apply when you access or use the Sites.

1. Your Paradigm Found Account

Account-creation facilities with Paradigm Found or its affiliates may be required to use some or all of the Services. When you create an account, we (including our affiliates, if applicable) will ask you for some information about yourself. We may require you, in the Company’s sole discretion, to provide additional information and/or documents. If you do not provide complete and accurate information and/or documents in response to such a request, we may refuse to provide you with the Services.

Unless otherwise expressly provided, any such account (each, a “Paradigm Found Account”) shall be subject to the following conditions:

1. One Account: You may only open one Paradigm Found Account per distinct site or service (unless otherwise indicated). If we have a reasonable suspicion that you have opened multiple accounts on a single site or service, we reserve the right to take whatever action we deem appropriate, including but not limited to closing and/or freezing your account(s).
2. Limited Access: You understand and agree that access to your Paradigm Found Account is limited solely to you. You agree that you will not sell, rent, lease, or grant access to your Paradigm Found Account to any person without our prior written permission.
3. Security: You understand and agree that you are solely responsible for maintaining the security of your account and control over any usernames, passwords, or any other codes that you use to access the Services. Any unauthorized access to your account by third parties could result in the loss or theft of digital assets and/or funds held in your account and any associated accounts, including your linked bank account(s) and credit card(s) (if applicable). You understand and agree that you will not hold us responsible for managing and maintaining the security of your account. You further understand and agree that we are not responsible (and you will not hold us responsible) for any unauthorized access to or use of your account. You are responsible for monitoring your account. If you notice any unauthorized or suspicious activity in your account, please notify our Data Protection Officer immediately.
4. Communication: You agree and understand that we will communicate with you via electronic means concerning your account. To ensure that you receive all of our communications, you agree to keep your email address current and notify us if there are any changes. You agree that any notices, agreements, disclosures, or other communication delivered to your email address on record is considered valid and received.
5. Account Suspension: You agree that Paradigm Found or its affiliates has the right to immediately suspend your account, pause or cancel your access to the Services, or close and revoke your account if we suspect, in our sole discretion, that (1) your account is being used for money laundering, or any illegal activity, or any other activity currently sanctioned or restricted by an applicable governing authority, including the violation of our, or third parties’ rights; (2) you have concealed or provided false identification information or other details; (3) you have engaged in fraudulent activity; (4) you have acquired digital assets using inappropriate methods (including but not limited to using stolen funds or payments methods, or attempting to charge back your payment while retaining or disposing of a digital asset); (5) you are using, employing, or operating bots or other forms of automation and/or multiple accounts to engage in any activity on Paradigm Found; or (6) you have otherwise acted in violation of these Terms of Use.

IF WE HAVE A REASONABLE BELIEF THAT YOU HAVE ENGAGED IN ACTIVITIES (1)-(6) IN THE PARAGRAPH ABOVE, WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION, TO CLOSE AND REVOKE THE IMPACTED ACCOUNT(S), DELETE ANY DATA THEREIN, AND DEEM ANY TRANSACTIONS UNDER SUCH ACCOUNT(S) NULL AND VOID.

2. User Rights

Depending on jurisdiction, users who provide Personal Data (whether via active or auto consent) may have certain statutory and/or regulatory rights to that Personal Data, including but not limited to: (i) Access to the Personal Data; (ii) right to request deletion of some or all of the Personal Data collected; (iii) and right to opt-out of data selling.

3. Communication

As long as you have provided opt-in consent, you agree that we may send you promotional communications by email, including, but not limited to, newsletters, special offers, surveys, and other news and information we think will be of interest to you.

You agree that we may send you communications by email or text message (if you have provided us a text messaging number) that pertain to the status of an in-game purchase or rewards offering, and other communications that pertain to your interaction with the Sites.

You may opt out of promotional communications at any time by following the instructions provided therein.

4. Non-Custodial Service Provider

While Paradigm Found offers Site(s) and/or Services making use of and in relation to the digital assets, it does not buy, sell, or ever take custody or possession of any digital assets unless expressly agreed or disclosed. We are not a party to any agreement between the buyer and seller of digital assets or between any Users of the Sites or Services (each, a “User”). Purchases and sales of digital assets take place on third-party Sites (the “External Platforms”) which are beyond the control of the Company.

You affirm that Paradigm Found is a non-custodial service provider and has designed its Sites and Services (including Paradigm Found) to be directly accessible by the Users in the ordinary course without any administrative involvement or actions taken by Paradigm Lost or any third-party.

5. User Content

Paradigm Found is a dynamic gaming platform that will facilitate the development of public forums and community interaction for Users.

The site may allow Users to create a profile where they can post certain information about themselves and/or link to other websites.

Any User Content, including Profile Information you post to the Sites will be considered non-confidential and non-proprietary. By providing any User Content on the Sites or within the Services, you grant us and our affiliates and our respective licensees, successors, and assignees the right to use, reproduce, modify (including to remove or delete), perform, display, distribute, retransmit, publish, broadcast, create derivative works and disclose to third parties any such material for any purpose.

You represent and warrant that (1) you own and control all rights in and to your User Content, including any third party copyrighted material or trademarks you post to Paradigm Found; (2) you have the right to grant such licenses to us and our affiliates and our respective licensees, successors, and assignees; and (3) all of your User Content does and will comply with these Terms of Use.

You understand and agree that you are responsible for any User Content you submit or contribute, and you alone have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third-party for the content, accuracy, or appropriateness of any User Content posted by you or any other User on the Sites.

Monitoring and Removal

We reserve the right to monitor all User Content and in our sole discretion, to prohibit you from uploading, linking or otherwise contributing your User Content to Paradigm Found. Although we are not required to monitor any User Content, we may, in our sole discretion, remove User Content from the Sites or Services at any time and for any reason without notice. We may also monitor User Content to detect and prevent improper, illegal or fraudulent activity or any activity in violation of these Terms of Use. With respect to User Content, Paradigm Found and/or Paradigm Lost are individually and collectively a “provider” under 47 U.S.C. § 230, and are entitled to the privileges and immunities thereunder.

6. Paradigm Lost Sites and Services Ownership

Unless otherwise indicated in writing by us, Paradigm Found, including the Site(s), the Services, all content, and all other materials contained therein, including, without limitation, the Paradigm Found logo, and all designs, text, graphics, pictures, information, data, software, sound files, other files, and the selection and arrangement thereof (collectively, “Paradigm Found Content”) are the proprietary property of Paradigm Lost and/or our affiliates, licensors, or Users, as applicable. The name Paradigm Found and any of our product or service names, logos, or slogans that may appear on the Sites or elsewhere are trademarks, trade names or service marks of Paradigm Lost or our affiliates and/or licensors, and may not be copied, imitated or used, in whole or in part, without our prior written permission.

Paradigm Lost “Canonical Content” includes, without limitation, storyline content authored by Paradigm Lost itself, User Content and/or Digital Asset Associated Content authored or selected by us. The Canonical Content provides the additional rights set forth in Section 9, but is otherwise subject to the terms and conditions of Paradigm Lost Content.

Notwithstanding anything to the contrary herein, you understand and agree that you shall have no ownership or other property interest in your account, and you further agree that all rights in and to your account are and shall forever be owned by and inure to the benefit of Paradigm Lost and its affiliates.

7. Intellectual Property

The look and feel of Paradigm Found (Sites and Content), including without limitation, all page headers, custom graphics, button icons, and scripts constitute Copyright, service mark, trademark, or trade dress protected material and may not be copied, imitated, or used, in whole or in part, without our prior written permission. Similarly, all trademarks, product names, and logos used in Paradigm Found are the property of Paradigm Found, Paradigm Lost and/or its affiliates and may not be copied, imitated, or used, in whole or in part, without the permission of the respective trademark holder. Furthermore, all artwork in the Paradigm Lost Universe is protected by Copyright and belongs to the respective Copyright owner. Without limiting the foregoing, if you believe that material hosted by Paradigm Found, Paradigm Lost and/or its affiliates infringes your copyright or trademark rights, please file a notice of infringement by contacting the Paradigm Lost Copyright Agent at [email protected].

In the copyrighted work that you claim has been infringed; (3) a description of the location on the Sites or within the Services of the material that you claim is infringing; (4) your address, telephone number and e-mail address; (5) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Our policy is to suspend or terminate the account(s) of infringers and take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. If you believe your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent; (1) your physical or electronic signature; (2) identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; (3) a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; (4) a copy of such authorization; and (5) your name, address, telephone number, along with a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Copyright Agent, we will send a copy of the counter-notice to the original complaining party informing that person that we may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or User, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.

In accordance with the DMCA and other applicable law, Paradigm Found has adopted a policy of terminating or blocking contributions from, in appropriate circumstances and at our sole discretion, Users who are deemed to be infringers. Paradigm Found may also at its sole discretion limit access to the Sites and/or Services and/or terminate the memberships of any Users who infringe any intellectual property rights.

8. License to use Associated Content

As mentioned above, within Paradigm Found and the encompassing Paradigm Lost Universe, "Digital Assets" categorically include both Non-Fungible Tokens (NFTs) and distinct digital assets with specific rights as detailed in the CyberBrokers Inc. Terms of Use, alongside in-game assets unique to Paradigm Found gameplay. The rights and licenses attributed to these assets are distinctly governed.

• CyberBrokers Digital Assets: These are NFTs and specific rights digital assets that confer certain rights and licenses to their owners as outlined in the CyberBrokers Inc. Terms of Use. Users are encouraged to refer to this document for comprehensive details on the rights and restrictions associated with these assets.
• In-Game Assets: Virtual items, rewards, or artwork featured and/or obtained within the Paradigm Found game, which do not offer the same rights or licenses as NFTs or specific rights digital assets. These in-game assets represent a different class of digital assets with use and rights confined within the Paradigm Found gameplay environment.

Please note that within Paradigm Found gameplay, certain NFTs and specific rights digital assets from the Paradigm Lost Universe, as governed by the CyberBrokers Inc. Terms of Use, may be represented and utilized. However, these assets are not classified as 'In-Game Assets' as defined herein. The use, rights, and governance of such NFTs and specific rights digital assets within the gameplay are subject to the stipulations set forth in the CyberBrokers Inc. Terms of Use and are distinct from the rights and licenses attributed to In-Game Assets obtained directly through Paradigm Found gameplay. This distinction ensures the integrity of the rights and licenses applicable to each class of digital assets within our ecosystem.

License for In-Game Assets: Users are granted a non-exclusive, non-transferable, revocable license to use in-game assets obtained in Paradigm Found solely within the scope of the game. These assets are not to be used outside the game environment, do not confer ownership rights in any intellectual property associated with the assets, and cannot be sold, transferred, or used for commercial purposes outside Paradigm Found.

License for CyberBrokers Digital Assets: The license granted for CyberBrokers Digital Assets as defined in the CyberBrokers Inc. Terms of Use remains in effect as detailed therein. Users are encouraged to refer to the CyberBrokers Inc. Terms of Use for comprehensive details on the rights and restrictions associated with these assets.

Creation of Derived Works: You grant a license to us to use your User Content as discussed in Section 6. By submitting User Content you agree to these terms. By providing User Content, you represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power, and/or authority necessary to grant the rights to us granted herein for any content that you create, submit, post, promote, or display on or through Paradigm Found and the Paradigm Lost Universe. 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 us the license described herein, and that the content does not violate any laws. User Content shall generally remain copyright (or, if applicable, a trademark), All Rights Reserved, of their respective authors/owners.

“Associated Content” is defined as content created by us, User Content created by you and others in relation to in-game assets or a CyberBrokers digital asset, including, without limitation, content, based upon or derived from storylines (in whatever form), motion pictures, art, and any other works associated with that asset. Associated Content also includes content beyond the boundaries of the Paradigm Lost Universe, and outside of the control of the Company relating to that asset.

For further details on the rights, licenses, and restrictions associated with CyberBrokers digital assets, including their commercial use, please refer to the CyberBrokers Inc. Terms of Use. This document provides comprehensive guidelines and conditions under which these assets may be utilized beyond the scope of Paradigm Found.

Under the license of this section, you expressly disclaim any use rights beyond the express grants herein, including, but not limited to, assertions based upon any claim of fair use, or any other common law or statutory right, to the extent not precluded by applicable law.

Prohibited Purposes: You may not, nor permit any third-party, to do or attempt to do any of the following, without limitation, in the absence of our express prior written consent in each case:

(i) Modify, distort, mutilate, or perform any other modification to a Paradigm Found in-game asset which would impede its functioning or ability to display, be displayed, or be associated with any Associated Content;

(ii) Extract or make individual, separate use, including in or as a derived work, trademark or otherwise, of any element or component of a Paradigm Found in-game asset (e.g., Artwork Elements);

(iii) Use the Paradigm Found Artwork or its Associated Content as or in connection with images, videos, or other forms of media that are obscene or pornographic, or which depict or advance hatred, intolerance, violence, cruelty, or anything else that could reasonably be found to constitute hate speech or to harass, threaten or infringe upon the rights of others, or for any unlawful purpose (all of the foregoing, as determined in the sole discretion of Paradigm Found);

(iv) Attempt to trademark, copyright, patent, or otherwise acquire additional intellectual property rights in or to the in-game asset Artwork, Artwork Elements, or Associated Content;

(v) Attempt to mint, tokenize, or create an additional or alternate version on any blockchain of a cryptographic token or NFT representing the same in-game asset or Associated Content;

(vi) Falsify, misrepresent, or conceal the ownership or holder of, or the authorship of the Paradigm Found in-game assets or its Associated Content.

For rules and restrictions specifically applicable to CyberBrokers digital assets, including their use within Paradigm Found gameplay, please refer to the CyberBrokers Inc. Terms of Use.

9. Your Use of Paradigm Found

We hereby grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Site, the Services, and Content. Our grant of this license is subject to the following conditions:

• Unlawful Activity: you agree not to engage, or assist, in any activity that violates any law, statute, ordinance, regulation, or sanctions program, including but not limited to the U.S. Department of Treasury’s Office of Foreign Assets Control (“OFAC”), or that involves proceeds of any unlawful activity.
• Abusive Activity: you agree not to engage in any activity that poses a threat to Paradigm Found or others, for example by distributing a virus or other harmful code, or through “hacking” or other unauthorized access to the Site, digital assets, or other Users’ accounts.
• Inappropriate Behavior: you agree not to interfere with other Users’ access to or use of the Services.
• Framing: you may not use framing techniques to enclose any proprietary Paradigm Found Content without our express written consent
• Communication: you agree not to communicate with other Users for purposes of (1) sending unsolicited advertising or promotions, requests for donations, or spam; (2) engaging in hate speech or harassing or abusing other Users; or (3) interfering with transactions of other Users. You also agree not to use data collected from the Sites to contact individuals, companies, or other persons or entities outside the Sites for any purpose, including but not limited to marketing activity.
• Fraud: you agree not to engage in any activity which operates to defraud Paradigm Found or its affiliates, other Users, or any other person; or to provide any false, inaccurate, or misleading information to us.
  • this includes engaging in or knowingly facilitating any “front-running,” “wash trading,” “pump and dump trading,” “ramping,” “cornering” or fraudulent, deceptive or manipulative trading activities, including:
    • trading a digital asset at successively lower or higher prices for the purpose creating or inducing a false, misleading or artificial appearance of activity in such digital asset,
  • unduly or improperly influencing the market price for such Collectible or establishing a price which does not reflect the true state of the market in such Collectible;
    • for the purpose of creating or inducing a false or misleading appearance of activity for a digital asset or creating or inducing a false or misleading appearance with respect to the market in a digital asset:
  • participating in, facilitating, assisting or knowingly transacting with any pool, syndicate or joint account organized for the purpose of unfairly or deceptively influencing the market price of a digital asset, or otherwise, which is not lawfully organized for the purposes for which it is being used;
  • This includes creating User accounts by automated means or under false or fraudulent pretenses;
    • involve the impersonation of another person (via the use of an email address or otherwise);
• Using Bots: you agree to refrain from activities that involve using, employing, operating, or creating a computer program to simulate the human behavior of a User (“Bots”);
  • that involve using, employing, or operating Bots or other similar forms of automation to engage in any activity or transaction on the gaming platform (including, without limitation, purchases of digital assets);
• Wrongful transfer of digital assets: you agree not to engage in activity that involves acquiring digital assets through inappropriate or illegal means (including, among other things, using a stolen credit card, or a payment mechanism that you do not have the right to use, or purchasing a digital asset and then attempting to charge the cost back to your payment method while still maintaining ownership or control of the digital asset or selling, gifting or trading the digital asset to someone else); or
  • involves the purchasing, selling or facilitating the purchase and sale of any User’s account(s) to other Users or third parties for cash or cryptocurrency consideration outside of Paradigm Found; or
    • otherwise involves or results in the wrongful seizure or receipt of any Paradigm Lost Universe digital assets or other digital assets.
• Illegal or improper use of digital assets: you agree not to engage in activity that involves utilizing any digital asset to engage in any transactions which are subject to regulatory application or restriction, e.g., without limitation, any transacting the digital asset in or as securities; commodities futures, or trading as commodities on a leveraged, margined or financed basis; or as associated binary options (including prediction-market transactions); or (where a license or regulatory limitation is applicable to the transaction and has not been satisfied) associated real estate or real estate leases, equipment leases, debt financing, equity financing or other similar transactions;
• Gambling: you agree not to utilize the Services or Paradigm Lost Universe digital assets to engage in any illegal gambling.
• Intellectual Property Infringement: you agree not to (1) engage in transactions involving items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the law; (2) use Paradigm Found Content (as defined in Section 8) above without express written consent from Paradigm Found or its affiliates; or (3) engage in any action that implies an untrue endorsement or affiliation with Paradigm Found or its affilliates.
  • This includes reverse engineering any aspect of the Service or doing anything that might discover or expose source code or bypass or circumvent measures employed to prevent or limit access to any Service, area or code of the Service.
• You agree to notify us immediately if you become aware of any actual or potential breaches of intellectual property rights relating to your Account or any digital asset you own.
• You irrevocably release, acquit, and forever discharge Paradigm Found and/or Paradigm Lost and its subsidiaries, affiliates, officers, and successors of any liability for direct or indirect copyright, trademark or other intellectual property infringement claims against Paradigm Found due to your breach of these Terms.
• Hyperlinks: you are hereby granted a limited, non-exclusive, non-transferable, revocable license to create a text hyperlink to the Sites and Services for noncommercial purposes, provided that such link does not portray Paradigm Found, our affiliates, the Paradigm Lost Universe or the Services in a false, misleading, derogatory, or otherwise defamatory manner, and provided further that the linking site does not contain any pornographic or illegal materials, or other materials that are offensive, harassing, or otherwise objectionable, as determined in the Company’s sole discretion.
• Additional Prohibitions: you agree not to (1) distribute, publish, broadcast, reproduce, copy, re-transmit, or publicly display any Content; (2) modify or create derivative works from the Sites or Content, or any portion thereof; (3) use any data mining, robots, or similar data gathering or extraction methods on the Sites or Content; (4) download any portion of the Sites or Content, other than for purposes of page caching, except as expressly permitted by us.
• Non-Reliance: you agree you are knowledgeable, experienced and sophisticated in using and evaluating blockchain and related technologies and assets, including various blockchain networks, digital assets, and “smart contracts'' (bytecode deployed to Ethereum or another blockchain). You have conducted your own thorough independent investigation and analysis of Paradigm Found and its affiliates, and the other matters contemplated by these Terms, and have not relied upon any information, statement, omission, representation or warranty, express or implied, written or oral, made by or on behalf of the Company in connection therewith, except as expressly set forth by the Company in these Terms.

If you are unsure whether a contemplated use would violate these Terms of Use, please contact us at the address listed below under Contact Information.

10. Privacy

You acknowledge and agree to the collection, use, and disclosure of your personal information in accordance with our Privacy Policy, which is incorporated into this Agreement by reference.

11. Modifications

You agree and understand that we may modify part or all of Paradigm Found Sites or the Services without notice.

12. Risks

Please note the following risks in accessing or using Paradigm Found and/or Paradigm Lost Universe products or services: The price and liquidity of blockchain assets, including digital assets such as NFTs, are extremely volatile and may be subject to large fluctuations; Fluctuations in the price of other digital assets could materially and adversely affect similar digital assets, which may also be subject to significant price volatility; Legislative and regulatory changes or actions at the state, federal, or international level may adversely affect the use, transfer, exchange, and value of digital assets; digital assets such as NFTs are not legal tender and are not backed by the government; Transactions in digital assets may be irreversible, and, accordingly, losses due to fraudulent or accidental transactions may not be recoverable; Some transactions in digital assets shall be deemed to be made when recorded on a public ledger, which is not necessarily the date or time that you initiated the transaction; The value of digital assets may be derived from the continued willingness of market participants to exchange fiat currency or digital assets for digital assets, which may result in the potential for permanent and total loss of value of a particular digital asset should the market for that digital asset disappear; The nature of digital assets may lead to an increased risk of fraud or cyber-attack, and may mean that technological difficulties experienced by Paradigm Found may prevent the access to or use of your digital assets; Changes to Third-Party Sites (discussed in Section 16) below may create a risk that your access to and use of the Sites will suffer.

You agree and understand that you are solely responsible for determining the nature, potential value, suitability, and appropriateness of these risks for yourself, and that Paradigm Found does not give advice or recommendations regarding digital assets, including the suitability and appropriateness of, and investment strategies for, digital assets. You agree and understand that you access and use our Sites and Services at your own risk; however, you understand this brief statement does not disclose all of the risks associated with digital assets. You agree and understand that Paradigm Found will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using digital assets, however caused.

13. Third Parties

Paradigm Found and its affiliates (encompassing the Sites as well as the Services) may rely on third-party platforms and/or contain links or make software-as-a-service (“SaaS”) calls to third-party websites or applications (collectively, “Third-Party sites''), including but not limited to those intended to perform NFT transactions. Paradigm Found does not own or control Third-Party sites. You understand and agree that your use of any Third-Party site is subject to any terms of use and/or privacy policy provided by such Third-Party site. Paradigm Found is not a party to any such agreement. You should review any terms of use and/or privacy policy provided by such Third-Party site and should conduct reasonable due diligence before proceeding with any transaction with any Third-Party site or any third-party whatsoever.

Paradigm Found provides or references these Third-Party sites only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Sites, or their products or services. You use all links in Third-Party Sites at your own risk. When you leave our Sites and our Services, our Agreement and policies no longer govern. We may, but are not obligated to, warn you that you are leaving our Sites or Services.

Paradigm Found neither owns nor controls the Third-Party Sites, exchanges, the Ethereum or any other blockchain network, your browser, or any other third-party site, product, or service that you might access, visit, or use for the purpose of enabling you to use the various features of the Sites or Services. We will not be liable for the acts or omissions of any such third parties, nor will we be liable for any damage that you may suffer as a result of your transactions or any other interaction with any such third parties. You irrevocably release, acquit, and forever discharge Paradigm Found and/or Paradigm Lost and its subsidiaries, affiliates, officers, and successors of any liability for royalties, fines, or fees not received by the User from any off-market transaction. You understand that your blockchain public address will be made publicly visible whenever you engage in a transaction on the Platform.

14. Disclaimers

EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY THE COMPANY, THE SITE, CONTENT CONTAINED AND NFTS LISTED THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE COMPANY (AND ITS SUPPLIERS) MAKE NO WARRANTY THAT THE SITES OR SERVICES WILL (1) MEET YOUR REQUIREMENTS; (2) BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (3) BE ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE.

WE WILL NOT BE LIABLE FOR ANY LOSS OF ANY KIND FROM ANY ACTION TAKEN OR TAKEN IN RELIANCE ON MATERIAL OR INFORMATION, CONTAINED ON THE SITE. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT CONTENT ON THE SITES IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE.

WHILE THE COMPANY ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE SITES AND CONTENT SAFE, IT CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITE, CONTENT, ANY NFTS REFERENCED OR LISTED ON OUR SITES OR OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE CANNOT GUARANTEE THE SECURITY OF ANY DATA THAT YOU DISCLOSE ONLINE. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND WILL NOT HOLD US RESPONSIBLE FOR ANY BREACH OF SECURITY UNLESS AS IS REQUIRED BY APPLICABLE LAW OR REGULATION.

WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS AND TAKE NO RESPONSIBILITY FOR, AND WILL NOT BE LIABLE TO YOU FOR, ANY USE OF NFTS INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (1) USER ERROR SUCH AS FORGOTTEN PASSWORDS, INCORRECTLY CONSTRUCTED TRANSACTIONS, OR MISTYPED ADDRESSES; (2) SERVER FAILURE OR DATA LOSS; (3) CORRUPTED WALLET FILES; (4) UNAUTHORIZED ACCESS TO APPLICATIONS; (5) ANY UNAUTHORIZED THIRD-PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION THE USE OF VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK AGAINST THE SITES OR DIGITAL ASSETS.

DIGITAL ASSETS ARE INHERENTLY INTANGIBLE. THEY EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED IN THE APPLICABLE BLOCKCHAIN NETWORK (E.G., ETHEREUM). ANY TRANSFER OF TITLE THAT MIGHT OCCUR IN ANY UNIQUE DIGITAL ASSET OCCURS ON THE DECENTRALIZED LEDGER WITHIN THE NETWORK. WE DO NOT GUARANTEE THAT THE COMPANY OR ANY COMPANY PARTY CAN AFFECT OR FACILITATE THE TRANSFER OF TITLE OR RIGHT IN ANY DIGITAL ASSET.

The Company is not responsible for sustained losses due to vulnerability or any kind of failure, abnormal behavior of software (e.g., wallet, smart contract), blockchains, or any other features of digital assets. The Company is not responsible for sustained losses due to late reports by developers or representatives (or no report at all) of any issues with the blockchain supporting digital assets including forks, technical node issues or any other issues having fund losses as a result.

Nothing in this Agreement shall exclude or limit liability of either party for fraud, death or bodily injury caused by gross negligence, violation of laws, or any other activity that cannot be limited or excluded by legitimate means.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SITE, SERVICES, AND CONTENT CONTAINED THEREIN.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW OR REGULATION.

15. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM THIS AGREEMENT, THE SITE, PRODUCTS OR THIRD-PARTY SITES AND PRODUCTS, OR FOR ANY DAMAGES RELATED TO LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA (PERSONAL OR ANONYMOUS), AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE AND EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITES, PRODUCTS OR THIRD-PARTY SITES AND PRODUCTS ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA RESULTING THEREFROM.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF THE COMPANY ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT, THE ACCESS TO AND USE OF THE SITE, CONTENT, DIGITAL ASSETS, OR ANY PRODUCTS OR SERVICES PURCHASED ON THE SITE EXCEED THE GREATER OF (A) $100 OR (B) THE AMOUNT YOU HAVE PAID TO THE COMPANY FOR THE SERVICES IN THE LAST SIX MONTHS OUT OF WHICH LIABILITY AROSE. THE FOREGOING LIMITATIONS OF LIABILITY SHALL NOT APPLY TO LIABILITY OF THE COMPANY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY A MEMBER OF THE COMPANY’S GROSS NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY A MEMBER OF THE COMPANY’S FRAUD OR FRAUDULENT MISREPRESENTATION.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. Some jurisdictions also limit disclaimers or limitations of liability for personal injury from consumer products, so this limitation may not apply to personal injury claims.

16. Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless Paradigm Found, Paradigm Lost and its affiliates, and our respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively, the “Paradigm Lost Universe Parties”), from and against all actual or alleged third-party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys’ fees and expenses) and costs (including, without limitation, court costs, costs of settlement and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”), including, but not limited to, damages of any kind that are caused by, arise out of or are related to (a) your use or misuse of the Site, Content, Contributed Content, Associated Content or digital assets, (b) any Feedback you provide, (c) your violation of these Terms of Use, (d) your violation of the rights of a third-party, including another User of the Sites or Services, and (e) any intellectual property disputes relating to your Associated Content. You agree to promptly notify Paradigm Found of any third-party Claims and cooperate with the Paradigm Lost Universe Parties in defending such Claims. You further agree that the Paradigm Lost Universe Parties shall have control of the defense or settlement of any third-party Claims. THIS INDEMNITY IS IN ADDITION TO, AND NOT IN LIEU OF, ANY OTHER INDEMNITIES SET FORTH IN A WRITTEN AGREEMENT BETWEEN YOU AND ANY PARADIGM LOST UNIVERSE PARTIES.

17. Governing Law

These Terms of Use, your use of Paradigm Found, your rights and obligations, and all actions contemplated by, arising out of or related to these Terms of Use shall be governed by the laws of the state of Illinois in the country of the United States of America unless required otherwise by applicable global law or regulation, as if these Terms of Use are a contract wholly entered into and wholly performed within the state of Illinois. YOU UNDERSTAND AND AGREE THAT YOUR USE OF PARADIGM FOUND, SITES AND SERVICES, AS CONTEMPLATED BY THESE TERMS OF USE SHALL BE DEEMED TO HAVE OCCURRED IN THE STATE OF ILLINOIS AND BE SUBJECT TO THE INTERNAL LAWS OF THE STATE OF ILLINOIS WITHOUT REGARD TO ITS CONFLICTS OF LAWS PROVISIONS.

18. Disputes

Please read the following agreement to arbitrate (“Arbitration Agreement”) in its entirety. This clause requires you to arbitrate disputes with Paradigm Found and its affiliates and limits the manner in which you can seek relief from us.

You agree that any dispute or claim relating in any way to: your access, use, or attempted access or use of the Site; any products sold or distributed through the Site; or any aspect of your relationship with Paradigm Found will be resolved by binding arbitration, except that (1) you may assert claims in small claims court if your claims qualify; and (2) you or Paradigm Found may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyright, or patent). You agree that any such arbitration shall be settled solely and exclusively by binding arbitration held in Chicago, Illinois, administered by JAMS and conducted in English, rather than in court. Paradigm Found may, in its sole discretion, choose to hold the proceedings by remote teleconferencing, using any means acceptable to the Arbitrator.

Any such arbitration shall be conducted in accordance with the then-prevailing JAMS Streamlined Arbitration Rules & Procedures, except that any dispute involving claims and counterclaims over $250,000, not inclusive of attorneys’ fees and interest, shall be subject to the then-prevailing JAMS Comprehensive Arbitration Rules and Procedures.

The arbitrator shall have exclusive authority to (1) determine the scope and enforceability of this Arbitration Agreement; and (2) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including but not limited to any claim that all or part of this Arbitration Agreement is void or voidable; (3) decide the rights and liabilities, if any, of you and Paradigm Found; (4) grant motions dispositive of all or part of any claim; (5) award monetary damages and grant any non-monetary remedy or relief available to a party under applicable law, arbitration rules, and these Terms of Use (including the Arbitration Agreement). The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. Such an award is final and binding upon you and us.

You understand that by agreeing to this Arbitration Agreement, you and Paradigm Found are each waiving their right to trial by jury and to participate in a class action or class arbitration.

If any part of this Arbitration Agreement is found to be invalid or unenforceable, then such part shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue to in full force and effect.

This Arbitration Agreement shall survive the termination of your relationship with Paradigm Found.

19. Termination

We reserve the right, without notice and in our sole discretion, to terminate your license to access or use Paradigm Found, at any time and for any reason. You understand and agree that we shall have no liability or obligation to you in such an event.

20. Severability

If any term, clause, or provision of these Terms of Use is held invalid or unenforceable, then that term, clause, or provision shall be severable from these Terms of Use and will not affect the validity or enforceability of any remaining part of that term, cause, or provision, or any other terms, clause, or provision of these Terms of Use.

21. Entire Agreement

These Terms of Use comprise the entire agreement between you and Paradigm Found relating to your access to and use of the Site, Services and Content, and supersede any and all prior discussions agreements, and understandings of any kind (including without limitation prior versions of this User Agreement). Except as otherwise provided herein, these Terms of Use 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.

22. Survival

You agree and understand that all provisions of these Terms of Use which are on their face capable of such shall survive the termination or expiration of these Terms of Use.

23. Contact Information

If you have any questions, would like to provide feedback, or would like more information about Paradigm Found, please feel free to email us at [email protected]. If you would like to lodge a complaint, please contact us at [email protected] or write to us at: CyberBrokers Inc., 1 E Erie St, Suite 525-2666, Chicago, IL 60611

END OF AGREEMENT