Last updated February 2023
The present GTC apply to any use of the BALLS-IN Service by any User
The applicable GTC are those in force at the time of use of the BALLS-IN Service by the User.
The BALLS-IN Service is published by Smoothy Labs, located at 19, Quai de Rive Neuve - 13007 MARSEILLE.
Application: means the different versions of the BALLS-IN application published by Smoothy Labs and available on an Application Store.
BALLS-IN: refers to the digital assets supported by blockchain technology offered as part of the Service.
Content(s): refers to, but is not limited to, the BALLS-IN, editorial content, comments, articles, illustrations, photos, images, sounds and videos, etc...
GTC: refers to the general conditions of use of the BALLS-IN intended for all Users.
Application Stores: designates all platforms on which the BALLS-IN Application is referenced and from which it can be downloaded.
Service(s): refers to the online public communication service published by Smoothy Labs as described in Article 2 "Presentation of the Service" of the GTC.
The Services include all products, offerings, games and features, including the Marketplace, offered by Smoothy Labs through the Site and the Application, including the ability for the User to acquire, collect, trade and play digital assets that leverage blockchain technology.
Third Party Services: means links or content accessible on the Site or the Application from services not operated by Smoothy Labs that provide additional content or functionality, such as payment services, buying and selling of digital assets in legal tender, digital asset wallets, and third party player data and marketplaces. Whether or not integrated with the Site and/or the Application, such Third Party Services are governed by the terms of use and privacy policy of the relevant Third Party Service providers, under the sole responsibility of such providers. Smoothy Labs is not responsible for the availability or accuracy of the Third Party Services, or the services, products or content available from such Third Party Services. The inclusion of links to such Third Party Services or their use does not constitute an endorsement by Smoothy Labs of such Third Party Services. The User is advised to consult the terms and conditions and/or privacy policy of the relevant Third Party Services for further information.
Site: means the online public communication service allowing access to the BALLS-IN Service via an Internet browser and accessible from a compatible medium at balls-in.xyz and/or any other address that may be added or substituted for it.
User(s): means any natural person over the legal age of majority in their country of residence using the BALLS-IN Service.
The BALLS-IN Service is a free service offering the User:
- to create links with the world mobile gamers community
- to participate in games
- and subject to additional conditions later specified, to proceed with the acquisition products or paid services offered by Smoothy Labs
The BALLS-IN Service is accessible worldwide by users who can use App Store & Google Play in their country.
Smoothy Labs remains the sole decision-maker of the Content and features of the Service, as well as all the terms and conditions for making the BALLS-IN Service available to Users, including geographical and temporary restrictions, modes of representation, associated advertising, etc.
The Service is offered in accordance with French law, and it is the User's responsibility to ensure that the use of the Service in another country in which they are located or of which they are a national does not contravenes any applicable law.
In this regard, the User shall not be entitled to any claim, action or prejudice as a result of aor deletion of any Content and/or functionality of the BALLS-IN Service, the impossibility of using the impossibility for them to use the Service due to other regulations.
PROMOTION
Content including or referring to contests, sweepstakes or similar promotions ("Promotions") may be posted on the BALLS-IN Service.
These Promotions may be governed by rules separate from these GTC. In the event of a conflict between the rules of the Promotion and these GTC, the rules of the Promotion will prevail, but only for the purpose of running the particular Promotion. The User is in any event, to refer to the official rules of each Promotion available on the Site. The conditions of the launching Promotion are annexed to the GTC.
The User waives all recourse in this respect against Smoothy Labs for any loss allegedly suffered and which would result either from an inability to participate in a Promotion, or from an incorrect participation in a Promotion.
PURCHASE OF BALLS-IN
BALLS-IN. BALLS-IN are unique digital NFT featuring a marble and associated with a non-fungible token ("NFT") using Blockchain technology and issued by Smoothy Labs. The NFT guarantees the rarity and authenticity of the BALLS-IN and helps ensure the transparency of the Services. NFTs on the BALLS-IN platform are generated using the Polygon Blockchain
Rarity. BALLS-IN are graded according to a level of rarity specified by Smoothy Labs at the time of each issue. The rarity of a BALLS-IN is guaranteed by the NFT technology on which it is based.
Value. BALLS-IN are sold without the purpose of investment and/or capital gain, although they may be resold through a third-party service or marketplace.
Ownership. When you purchase a BALLS-IN, you become the ultimate owner of the underlying NFT, in accordance with the GTC. Unless otherwise expressly provided, you have the right to freely dispose of your BALLS-IN (by sale, loan, gift, transfer, etc., including through a third-party service or marketplace). But under no circumstances do you have the right to split, divide ownership or securitize the NFT.
BALLS-IN and Third Party Rights. The image of the marble and other elements in the BALLS-IN are licensed to any third party rights holder. These may include third party rights arising from patents, trade dress, copyrights, trade secrets, trademarks, know-how or any other intellectual property rights recognized in any country or jurisdiction in the world.
License to Third Party Rights in Third Party BALLS-IN Elements. Subject to compliance with these GTC, you are hereby granted a non-exclusive, worldwide license to use, display and transfer the Third Party BALLS-IN Elements reproduced on the BALLS-IN associated with the NFTs that you rightfully own, during the period of your ownership of such NFTs, for your personal, non-commercial use only. For the avoidance of doubt, you may only use, display and transfer Third Party BALLS-IN Elements in connection with the use, display and transfer (as applicable) of the BALLS-IN in which such Third Party BALLS-IN Elements are embedded. Any other use, display or transfer of Third Party BALLS-IN Elements is strictly prohibited.
License Restrictions. You may not, under any circumstances, do or attempt to do any of the following with the BALLS-IN without Smoothy Labs prior written permission, whether or not you own them: (i) use the BALLS-IN and any Third Party BALLS-IN Item for commercial purposes, advertising or promotion of a Third Party product or service; (ii) market merchandise, physical or digital, that represents the BALLS-IN; (iii) alter the image associated with the BALLS-IN, and/or alter, edit or modify the Third Party BALLS-IN Elements in any other way; (iv) attempt to assert any additional intellectual property rights in the BALLS-IN or Third Party BALLS-IN Elements (v) violate any applicable third party rights; and/or (vii) use the Third Party BALLS-IN Elements and/or a BALLS-IN in connection with images, videos or other forms of content that are hateful, intolerant, violent, cruel or anything that could reasonably be considered hate speech, defamation or other infringement of the rights of others, including the image rights of the players depicted.
Issuance of BALLS-IN
You may purchase a BALLS-IN through sales offered by Smoothy Labs on the Site or through resale by other Users in a third-party marketplace.
When BALLS-IN are first issued, we offer them for sale. You and other Users may purchase at the offered price. The sale for the relevant BALLS-IN is open for a specified period of time (the "Sale Period"). This may be individual BALLS-IN or batches of BALLS-IN. In the latter case, the BALLS-IN included in the lot will of course be specified.
Any Bid registered on the Site through a BALLS-IN Account is deemed genuine and valid. Once you place a Bid, it cannot be withdrawn or changed. If the Sale Period ends and your Bid is the highest, your payment method will be debited.
In the event of a service interruption or technical problem that is unforeseeable and/or beyond our reasonable control that renders a sale unavailable for any period of time within four (4) hours of the scheduled end of the Sale Period, BALLS-IN reserves the right to extend the Sale Period or cancel the sale and reopen it at a later date.
Consumers generally have a right of withdrawal that can be exercised within fourteen (14) days of entering into the contract in accordance with the provisions of Article L. 221-18 of the French Consumer Code. This means that the consumer can change his or her mind about purchasing an item after having bought it within 14 days of the purchase and return it to the company from which he or she purchased it. Due to the digital nature of BALLS-in and the immediate access to the BALLS-IN NFT by the User after purchase, you will be asked to waive your right of withdrawal when purchasing a BALLS-IN, which means that the BALLS-IN will belong to you immediately after purchase and that you waive the possibility of returning it to Smoothy Labs for a refund.
BY PURCHASING A BALLS-IN ON THE SITE, YOU EXPRESSLY CONSENT TO THE EXECUTION OF THE CONTRACT BEFORE THE END OF THE WITHDRAWAL PERIOD AND ACKNOWLEDGE THAT YOU WILL LOSE YOUR RIGHT OF WITHDRAWAL.
Payment
When you make a payment through the Services, your payment will be processed by one of our trusted third party payment providers, the "Payment Provider".
In order to process your payment, the applicable Payment Provider may request additional information from you in order to verify your identity or validate the transaction, in accordance with that Payment Provider's terms of service and privacy policy.
You acknowledge and agree that due to the nature of Blockchain technology, once a transaction has been processed, the associated transaction data will be irreversibly linked to the relevant BALLS-IN NFTs and documented on the Blockchain.
The fact of using the BALLS-IN Service implies the full and complete acceptance by the User of the current GTC. Any User who does not wish to adhere to the current GTC in their entirety must refrain from using the BALLS-IN Service.
Smoothy Labs informs the Users that the GTC may be modified at any time. These changes are brought to the attention of Users by their simple posting on the BALLS-IN Service, they undertake to consult them regularly.
Smoothy Labs undertakes to ensure that these GTC are present, at all times, on the BALLS-IN Service, subject to the possible unavailability thereof.
Additional terms and conditions may apply depending on how the User will use the Service, including:
API Terms, if you access the Smoothy Labs API;
Brand Guidelines, if you use any of Smoothy Labs & BALLS-IN trademarks or logos.
This GTC and any Additional Terms (if any) constitute a legally binding agreement between the User and BALLS-IN - please read them carefully. For the purposes of this GTC, all capitalized terms shall have the meanings ascribed to them.
You may terminate your agreement to this GTC at any time by discontinuing your use of the Site, the Application and the Services, and if you have a BALLS-IN Account, by requesting the deletion of your BALLS-IN Account
Smoothy Labs also provides a support center accessible on our official Twitter Account @BALLS__IN, where the User can find useful explanations (the "FAQ"). The documents provided in the FAQ are purely informative and are not legally binding. The User is invited to contact customer service if he/she has any questions.
We reserve the right to modify or amend these GTC, and/or any Additional Terms at any time.
If we make material changes to the above GTC, we will notify you of such changes in advance, through a dedicated communication method and provide you with a reasonable time to review the updated Terms. If you do not wish to accept the updated Terms, you may terminate these Terms by requesting the deletion of your BALLS-IN Account and immediately discontinuing your use of the Services. If you do not terminate the Terms prior to the expiration of the period specified following notification of the update, your continued use of the Services constitutes acceptance of the updated GTC.
The applicable version of the GTC is the latest version published at the time of your use of the Services.
Any violation of the GTC may result in the suspension or termination of User's access to the Site, the Application and/or all or part of the Service.
You shall not use the Site, the Application, the Services, including the game and/or the Marketplace, and/or your BALLS-IN Account in any manner that violates these Terms or any applicable Additional Terms. BALLS-IN reserves the right to limit a BALLS-IN Account's access to certain parts of the Services, to temporarily suspend a BALLS-IN Account and/or to permanently suspend a BALLS-IN Account where that User is suspected of violating or has violated these Terms and/or any applicable Additional Terms.
The use of BALLS-IN is free of charge. To benefit from the features of the BALLS-IN Service, the User must identify himself. To do so, he must create a BALLS-IN Account.
CONDITIONS RELATING TO THE USER
The creation of a BALLS-IN Account implies that the User is over is of legal age of majority in their country of residence on the day of the creation of his account, and that at any time and each time he accesses the Site, the Application or the Services, the User :
- accepts these GTC ;
- uses the Site, the Application and/or the Services in accordance with these Terms and any applicable laws, rules or regulations; and
- is not located in a country on which the United States government, the European Union and/or the United Nations have imposed an embargo
- is not listed as a restricted party or person by the United States Government, the European Union or the United Nations (including being a Specially Designated National by the United States Government).
ACCOUNT CREATION
To create a BALLS-IN Account, the User must provide Smoothy Labs with certain personal data, such as email address, date of birth, Polygon public address (hereinafter the "Required Personal Information"). Such data will be processed under the terms and conditions set forth in the Privacy Policy.
The User may communicate all or part of the Mandatory Information by identifying himself to third party services such as Facebook, Google and Apple or Crypto Wallets. Thus, these third party services will communicate to Smoothy Labs, after identification of the User to their services, any information strictly necessary for the creation of the User's BALLS-IN Account. The identification to these third party services implies the prior creation of an account specific to each third party service. The creation and use of these accounts are governed by the terms of use of each third party service, excluding any liability of Smoothy Labs.
Refusal to provide the mandatory Information during the registration process will not allow him to create his BALLS-IN Account and use the BALLS-IN Service to the extent that their processing is:
(i) either necessary for the provision of the BALLS-IN Service and the proper performance of these GTC by Smoothy Labs (art. 6.1.b of the GDPR[1]) ;
(i) necessary for the purposes of the legitimate interests pursued by Smoothy Labs, namely to obtain a minimum knowledge of its audience in order to improve the relevance and quality of the Content it provides (art. 6.1.f of the GDPR).
The User agrees to provide Smoothy Labs with reliable, up-to-date and truthful information.
USERNAME
Upon creating a BALLS-IN Account, you will be asked to choose a username that will be associated with all purchases and game play in your BALLS-IN Account.
You may not change your username.
You may not attempt to mislead, deceive and/or defraud other Users by any particular elements in your User name. You may not include in your User name any language or expression that may be abusive, harassing, offensive or otherwise malicious in nature.
ACCOUNT SECURITY
During the process of creating a BALLS-IN Account, the User is also asked to enter a password in order to protect access to it. The password must be at least 8 characters long and contain 3 of the following 4 categories of characters: upper case, lower case, numbers and special characters. It is recommended not to use personal information (date of birth, first names of relatives, etc.) to build your password, as these inclusions can facilitate targeted attacks.
Please choose a strong password, use a password manager, store your information securely, do not share your account information or login credentials with others, and follow good security practices. We are not responsible for the loss or theft of your password or other account information. It is your responsibility to take all necessary steps to secure access to your login and account information, including your password. We strongly encourage you to enable two-factor authentication to log into your account. You are responsible for the actions of any person using your BALLS-IN Account, even when those actions are taken without your prior consent.
You agree to notify us of the theft of your information, login information or password, unauthorized access to your account, and/or any other fraudulent or unauthorized use of your account by a third party, as soon as possible, by contacting our support team.
USE OF THE ACCOUNT
The BALLS-IN Account is personal and unique for all Sites and Applications on which the BALLS-IN Service is accessible. The User therefore undertakes to create only one BALLS-IN Account and not to communicate its identification elements to a third party. In any event, the User who holds a BALLS-IN Account remains responsible for the use of his BALLS-IN Account.
Multiple Accounts. You may not create more than one BALLS-IN Account and/or manage the User account(s) of other Users (even if those Users have given you explicit permission to do so). Only an individual may create an account, and all partnerships, associations, joint ventures and/or corporate accounts are prohibited.
Association of accounts. You may not collude with or in association or conjunction with other User accounts, whether formally or informally, to attempt to circumvent these GTC; attempt to create or create an anti-competitive and/or other unfair or artificial advantage in the use of the Service; or attempt to influence the value of a BALLS-IN NFT, including, but not limited to, directing other Users regarding actions on their User accounts, lending, trading, buying, repeatedly selling and/or selling BALLS-IN NFT below market value.
Account Re-creation. You may not create a new BALLS-IN Account if your BALLS-IN Account has been temporarily suspended or if we have permanently deleted a BALLS-IN Account associated with you in the past.
WALLET
Your Wallet. A unique and personal wallet is associated with each BALLS-IN Account for use in connection with the Services ("Wallet"). In your Wallet, you may store your BALLS-IN NFT and other digital assets designed to function as a medium of exchange on the blockchain and accepted as payment throughout the Services ("Cryptocurrencies").
You will be asked to create a password to access your Wallet. Please choose a strong password, use a password manager, store your information securely, do not share your account information with third parties, and observe all good security practices. We are not responsible for the loss or theft of your password and/or any Cryptocurrencies or BALLS-IN NFT that you store in your Wallet. You are responsible for taking all steps to secure access to your login and account information, including your password. If you lose your Wallet password or believe that an unauthorized third party has gained access to your Wallet, please contact us immediately.
You may use your Wallet in connection with the purchase or sale of BALLS-IN through the Services. You may also add or remove your own Cryptocurrencies and BALLS-IN from your Wallet by linking it to an external Wallet. Information on how to deposit and withdraw BALLS-IN or Crypto-currencies from the Wallet or an External Wallet is provided in the FAQ.
EXTERNAL WALLET
The unique and personal Wallet associated with each BALLS-IN Account works with the Polygon blockchain. External Wallets must also be compatible with this blockchain (e.g. MetaMask Wallet).
External Wallets are third party services, separate from the BALLS-IN Service and not controlled by Smoothy Labs. No malfunction, intrusion, security breach, theft, password theft of this External Wallet will engage the responsibility of Smoothy Labs.
DELETION BY THE USER
The User may, at any time, delete his BALLS-IN Account. The User must go to the section "My Account", then "My Information" and click on "Delete my account".
SUSPENSION OR DELETION BY SMOOTHY LABS
Smoothy Labs may, at any time, delete or suspend the BALLS-IN Account of a User in a discretionary manner, particularly in the event of fraudulent use of the BALLS-IN Account and/or a serious and/or repeated breach of the GTC by the User. In the event that such a suspension or limitation is decided, we will inform you promptly
BALLS-IN may, upon notice to you, terminate your BALLS-IN Account at any time if you fail to comply with these Terms or applicable Additional Terms. When your BALLS-IN Account is terminated, we will notify you of the reasons for termination. We may suspend your BALLS-IN Account prior to such notification if we feel we need to take immediate action. We will not be liable to you or to any other person for the consequences of such suspension or termination.
BALLS-IN may at any time, for any reason and in its sole discretion, terminate these Terms and suspend and/or discontinue all or part of the Services without notice. Users agree, to the fullest extent permitted by law, that any suspension or termination of access to the Services may occur without notice, and that BALLS-IN shall not be liable for the consequences of any such suspension or termination
In the event that a permanent suspension of your BALLS-IN Account has been decided, we will notify you by sending an email to the email address associated with your BALLS-IN tables Account. You will then have a period of thirty (30) days to transfer any BALLS-IN NFTs and/or Cryptocurrency from your Wallet to an external wallet. You agree and acknowledge that if you do not make such transfer before the end of this thirty (30) day period, all BALLS-IN NFTs and/or Cryptocurrencies in the Wallet will be permanently irretrievable. BALLS-IN will not be responsible for any losses that may result to you.
Appeal Procedure. If we take action under this section, you may have a right of appeal. For more information, you may contact the our Customer Service via with the following information: your name, your User name, your email address, a full and detailed description of the problem and, if applicable, BALLS-IN previous response to your complaint, and the reason why you disagree with the action taken. We will endeavor to investigate and respond to your complaint as soon as possible. Any request must be made within 30 days of the Account suspension or deletion.
CONSEQUENCES OF ACCOUNT DELETION
Deletion of your Account will result in the irreversible deletion of all User data associated with the Account. You must back up BALLS-IN NFTs and Cryptocurrencies stored on the Wallet to an external wallet prior to any deletion request.
If the deletion of the Account is initiated by Smoothy Labs - BALLS-IN will give you the opportunity to remove your BALLS-IN NFTs and Cryptocurrencies, unless the termination or suspension of the Account has been decided due to a violation of these Terms, the Terms of Use and/or the applicable Additional Terms, including fraudulent, abusive or illegal activity. To the fullest extent permitted by applicable law and notwithstanding anything to the contrary, termination and/or suspension of a BALLS-IN Account shall be without prejudice to any other legal action that BALLS-IN may take against the User.
Any BALLS-IN NFTs and/or Cryptocurrency stored in your Wallet that has not been transferred out of your account by the date of termination will be permanently irretrievable. BALLS-IN will not be responsible for the permanent loss of any BALLS-IN NFTs and/or Cryptocurrency that has not been backed up prior to a deletion request.
Reporting Suspicious Activity. We invite you to report any potentially fraudulent or illegal activity on the Services. If you wish to report suspicious activity, you may contact Customer Service. Any report will be kept strictly confidential and will not be disclosed to any third party except (i) as required by applicable law or regulation, or (ii) pursuant to a subpoena or court order or a request by a regulator or any regulatory, self-regulatory or legislative body having jurisdiction, or (iii) as part of a report, audit or regulatory investigation, or (iv) at the request of a regulator.
Investigations. BALLS-IN reserves the right to investigate account activity that is deemed suspicious and to limit your access to the Services and/or temporarily suspend your BALLS-IN Account during such investigation. If BALLS-IN has contacted you regarding suspicious activity, you agree to provide all requested information.
ACCESS TO THE BALLS-IN SERVICE VIA THE SITE
The BALLS-IN Service is optimized to work with the most common browsers such as Microsoft Edge, Safari, Mozilla Firefox and Google Chrome.
In case of total or partial incompatibility with his browser (commercial or free license), it is the sole responsibility of the User to install a compatible browser to access the BALLS-IN Service and use all its features.
The User is informed that all or part of the functionalities of the BALLS-IN Service may be subject to:
In any event, Smoothy Labs shall not be liable for any fees, costs or subscriptions incurred by the User in accessing the BALLS-IN Service.
ACCESS TO THE BALLS-IN SERVICE VIA THE APPLICATION
The User is invited to take note of the technical specifications and possible evolutions of his terminal with the manufacturer and/or his retailer.
In any case, the download and installation of the BALLS-IN Service Application is subject to the prior acceptance by the User of the terms of use of the manufacturer of his equipment and/or the Application Store concerned. Smoothy Labs shall not be held liable in any way for this.
In addition, the User is informed that, depending on its connection method and its subscription with its mobile operator and Internet service provider, the use of the BALLS-IN Service may be subject to specific subscriptions and / or incur costs or additional costs of use of the mobile network or Internet (operator options, fees or bandwidth restrictions, etc.). It is the User's responsibility to be aware of all of its access conditions and to subscribe to the necessary subscriptions or options from its operator, if applicable. In any event, Smoothy Labs shall not be held responsible for any fees, costs or subscriptions incurred by the User to access the BALLS-IN Service.
The User is solely responsible for any telecommunication or other connectivity costs incurred when using the BALLS-IN Service.
COMPLIANCE WITH TECHNICAL CONSTRAINTS
Smoothy Labs may be required, in the interest of management and proper functioning of the BALLS-IN Service, to define constraints, including technical, that the User agrees and undertakes to respect.
Thus, Smoothy Labs may be required, without being required to inform the User in advance, to
USE OF THIRD PARTY SOFTWARE & PROTOCOLS
The User declares to be informed and acknowledges that the transmission of data over the Internet and mobile networks is subject to technical constraints that are not under the control and responsibility of Smoothy Labs and may involve certain risks, and that in particular:
a. The reliability of transmissions, if any, can not be fully assured
b. Network saturation problems may be encountered, making access to it difficult or impossible;
By using the Service, the User grants the BALLS-IN Service the right to use and resort to the use of the processing, memory and bandwidth capabilities of their device for the purpose of facilitating the transmission of features for the User and other users of the Site, and to facilitate the operation of the network on which the BALLS-IN Service operates.
If use of the BALLS-IN Service is dependent upon the use of a processor and/or bandwidth owned or controlled by a third party, User acknowledges and agrees that its license to use the BALLS-IN Service is subject to obtaining the consent of the applicable third party for such use. User represents and warrants that by accepting these terms, User has obtained such consent.
The BALLS-IN Service is offered free of charge to Users. As such, Smoothy Labs is not bound by any obligation of means or result, as to the provision of the BALLS-IN Service to Users.
Smoothy Labs may freely and at any time discontinue access to the BALLS-IN Service, for any reason, including technical (such as maintenance, updating, etc..) without notice or prior information to Users. Smoothy Labs shall not be liable for the consequences of such interruptions or unavailability, both to Users and to any third party.
A fortiori, Smoothy Labs shall not be liable for any unavailability and/or malfunction and/or breakdowns occurring on the Internet and mobile networks that would limit or prevent access to all or part of the BALLS-IN Service (e.g., network congestion, failure of Internet service providers, electrical failure, software or hardware malfunctions, etc.).
Smoothy Labs shall also not be liable for the use or inability to use the BALLS-IN Service due to malfunction and/or failure of third party solutions allowing the uploading of Content.
In any case, Smoothy Labs shall not be liable for any fact that is not attributable to it and that would be due to a case of force majeure as defined in Article 1218 of the French Civil Code and by French jurisprudence.
For any information or assistance related to the BALLS-IN Service, the User is invited to contact us by email or social networks.
Any use of the BALLS-IN Service by any User is made under the rules and procedures set out in these GTC and in the Privacy Policy accessible via the following link: Privacy Policy
Smoothy Labs invites the User to consult its Privacy Policy.
This Privacy Policy explains in particular (i) the origin and nature of the data collected by Smoothy Labs on the occasion of the User's navigation on the BALLS-IN Service, (ii) the reason for their collection, (iii) how Smoothy Labs uses them and (iv) the rights that the User has on these data in accordance with the amended French Law No. 78-17 of January 6, 1978 (known as the "Data Protection Act") and the General Data Protection Regulation of April 27, 2016 (known as the "GDPR").
Please keep your BALLS-IN Account information up to date. Please also note that, in accordance with applicable legal and/or regulatory requirements, we may need to request additional information from you. If so, we will contact you via your BALLS-IN Account or via the email address associated with your User account.
SMOOTHY LABS CONTENT
Proprietary Content. The Site and Services, including, but not limited to, content, information, design (including the look and feel of the Site or Services), logos, text, graphics, images, icons, data, software, algorithms and scripts are and shall remain the exclusive property of BALLS-IN and its affiliates (and licensors, if any) ("Proprietary Content"). Any unauthorized retrieval or reproduction of Smoothy Labs database is prohibited.
Nothing in these Terms shall be construed as granting you any intellectual property rights in the Exclusive Content. You may not copy, imitate or use, in whole or in part, the Exclusive Content without the prior written permission of BALLS-IN.
For the avoidance of doubt, the purchase of a BALLS-IN NFTs does not convey any ownership or other rights in the Exclusive Content, Third Party BALLS-IN Elements, content, code, data or other materials, or in any of BALLS-IN rights and/or Third Party Rights that may be associated with the Services.
All of the Content of the BALLS-IN Service, as well as its structure, editorial content, comments, illustrations, photos, images, sounds and videos, etc., are protected by the corresponding intellectual property rights: copyright, trademark rights, rights of the database producer, etc.
These elements are the exclusive property of Smoothy Labs and/or its beneficiaries. They must be used by the User only in the strict context of normal use of the BALLS-IN Service and in consideration of the restrictions and technical measures attached thereto and, in any event, for private and non-commercial purposes.
The User agrees to respect all intellectual property rights relating to the Content offered on the BALLS-IN Service, and in particular to :
It is specified that no hypertext link may be inserted on the BALLS-IN Service without the prior and express authorization of Smoothy Labs.
In any case, hypertext links inserted without the prior and express authorization of Smoothy Labs may only redirect to the homepage of the latter, to the express exclusion of any deep hypertext link directly to a Content from a third site.
In the absence of authorization, such links may be considered as acts of infringement under Articles L. 335-2 et seq. of the Intellectual Property Code.
It is expressly forbidden for any User, regardless of his or her capacity or activity, to set up a systematic referencing mechanism for all or part of the Content and/or on all or part of the BALLS-IN Service, in particular by means of deep hypertext links, for the purpose of proposing, on any other site, service or application, a referencing of the said Content to the public, and this, for all purposes, in particular commercial.
As publisher of the BALLS-IN Service, Smoothy Labs also undertakes to respect the intellectual property rights of others. In the event that the User notices the violation of any of its intellectual property rights on the BALLS-IN Service, it may refer to Smoothy Labs in writing.
Notwithstanding the foregoing, Smoothy Labs disclaims any responsibility for the infringement of intellectual property rights that may arise in the Content and/or Third Party Services accessible on the BALLS-IN Service in the context of partnership operations that it may enter into with partners, and in the context of advertising on the BALLS-IN Service.
Licensing. Subject to compliance with these Terms and any applicable Additional Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable personal license to use the Services.
USER CONTENT
You hereby grant and/or agree to grant BALLS-IN the worldwide, royalty-free, sublicensable, transferable right to exclusively use, copy, distribute, adapt, create derivative works from, reproduce, distribute, modify, translate and otherwise exploit any content you generate while using the Services (including, but not limited to, User name, comments, team composition, team name, etc. ) ("Content"), by any present or future process and by any means of dissemination on the Site, social networks or media (such as TikTok, Facebook, Twitter, Instagram, Reddit, Youtube, etc.) or platforms (such as YouTube), electronic banners and promotional emails or newsletters, and on BALLS-IN website or in its internal documentation, whether in whole or in part, and whether as provided or as modified, for marketing or promotional purposes.
We invite you to send us feedback, comments, suggestions or ideas regarding the Site and/or Services ("Feedback") via Discord, Twitter, Reddit or any other social network, and/or by email to our team. When you send us Feedback, you agree to grant BALLS-IN a transferable, sub-licensable, royalty-free, worldwide right, for the legal term of any proprietary rights in your Feedback, to use, copy, distribute, adapt, create derivative works reproduce, distribute, modify, translate, make available to the public or publicly display your Feedback, by any present or future process and by any means of distribution on the Site, social networks or media (such as TikTok, Facebook, Twitter, Instagram, Reddit, etc. ) or platforms (such as YouTube), electronic banners and promotional emails or newsletters and on BALLS-IN website or internal documentation, whether in whole or in part, and whether as provided or as modified, for commercial or promotional purposes.
ADVERTISING INSERTIONS
The User is informed that Smoothy Labs may implement any limitation of access to all or part of the features of the BALLS-IN Service in the event of the use of software to hide, block or prevent the display of all or part of the advertisements (display, video, skin, etc..) present on the BALLS-IN Service (known as "ad-blocker"), in charge of the User to configure the latter to allow the display of advertising on the BALLS-IN Service.
Users who do not wish to comply with these access conditions must stop using the BALLS-IN Service.
The User may access offers from partners, in particular by means of any advertising space and/or hypertext links directing the User to the partner's or advertiser's Internet site.
These offers are offered independently by the partners, advertisers or third party publishers of these offers and this, under their sole responsibility.
In general, Smoothy Labs shall not be held responsible for the content of all offers, information consulted or transactions carried out on these services or third party offers; the third party publishing partners remain solely responsible in this respect.
Consequently, any User accessing the services or offers of third party partners via the BALLS-IN Service will be subject exclusively to the terms of use of the said service; terms of which it is up to the User to take cognizance and accept.
Smoothy Labs does not provide any service or guarantee regarding the services, offers, promotions and/or advertisements of third parties present on the BALLS-IN Service. Therefore, Smoothy Labs disclaims any responsibility to the Users in the event that such offers and services of third parties violate the legal and regulatory provisions in force.
The User is informed that the types of promotional insertions or services or partner offers may vary depending on the versions of the BALLS-IN Service and the terminal used.
USER'S LIABILITY
To the fullest extent permitted by applicable law, you will indemnify and hold harmless Smoothy Labs, its affiliates, officers, agents, consultants, shareholders, employees, successors and assigns from and against any and all claims, liabilities, damages, judgments, losses, obligations, penalties, costs, expenses (including, but not limited to, attorneys' fees) and costs in connection with:
- Your violation of these Terms and/or other applicable Additional Terms;
- Your use or misuse of the Services;
- Your sending of spam, viruses, chain letters, unsolicited offers of any kind,
- Your violation of the technical system by investigating, scanning, testing, reverse engineering, using automated systems to extract data from the site and copying the interface and any element of the site and the Services;
- Your violation of any Third Party Rights or obligations to a third party, including Third Party Rights relating to any Third Party BALLS-IN Element and/or other Users;
- Your failure to comply with or violation of any applicable law, regulation or rule; and/or your negligence, gross negligence and/or willful misconduct.
RESPONSIBILITY OF SMOOTHY LABS
You expressly acknowledge and agree that access to and use of the Services is at your own risk, and that the Site and the Services are provided on an "as is" and "as available" basis, without warranty of any kind, to the fullest extent permitted by applicable law.
To the fullest extent permitted by applicable law, we make no representations or warranties that (i) access to or use of the Services will be uninterrupted, timely, secure or error-free; (ii) usage data provided by the Services or on the Site or Application will always be accurate; and/or that (iii) the Services are free of malware or other harmful components.
To the extent permitted by applicable law, BALLS-IN disclaims all warranties other than those expressly set forth in these Terms, including, without limitation, the implied warranties or conditions of merchantability, fitness for a particular purpose, title and/or non-infringement. BALLS-IN shall not be liable for any loss or action taken in reliance on the Site, the Services, information or data presented on or linked to it, or available on any third party Site. BALLS-IN disclaims any liability for any losses that may be suffered by Users as a result of using the blockchain and/or digital asset portfolios. In addition, no advice, data or information, whether presented in writing or orally and/or whether presented by BALLS-IN, associated parties or through the Site or Services, shall create any warranty enforceable against BALLS-IN.
You understand that Smoothy Labs is not in the business of arbitrating any disputes between Users or with potential purchasers of related BALLS-IN or others NFTs.
To the fullest extent permitted by applicable law, BALLS-IN disclaims any and all liability arising out of or related to the Site and/or the Services. We shall not be liable for:
You understand and accept the risks inherent in the provision of information, online exchanges over the Internet and experimental technologies such as blockchain and non-fungible tokens (NFT), and agree that BALLS-IN shall not be liable for any failure of such technologies and/or any breach of security of the Site and/or the Services, unless caused by gross negligence on the part of BALLS-IN, or unless it relates to a type of liability that cannot be legally excluded or limited contractually. BALLS-IN maximum aggregate liability to the User under and in connection with these Terms is limited to direct damages in an amount not exceeding the amount(s) actually paid to BALLS-IN by the individual User concerned in the twelve (12) months preceding the claim giving rise to such indemnification.
If applicable law does not allow the exclusion of implied warranties under consumer law, some or all of the above provisions shall not apply to affected Users. IF THE LAW OF THE COUNTRY IN WHICH YOU RESIDE DOES NOT ALLOW THE EXCLUSIONS OF LIABILITY SET FORTH IN THIS SECTION, THESE EXCLUSIONS DO NOT APPLY.
User Content. Smoothy Labs is the host of the Content posted by Users and/or any Content exchanged between Users. Such Content is not attributable to Smoothy Labs and does not represent the opinion of Smoothy Labs. Smoothy Labs cannot be held responsible for any third party Content such as Content posted by Users and/or any Content exchanged between Users. Smoothy Labs disclaims any responsibility for such Content and the nature of the Content exchanged between Users. You understand that Smoothy Labs has no control over the risks mentioned below and expressly agree that Smoothy Labs will not be liable in the event of a claim arising from the occurrence of any of the risks mentioned below. The realization of any or all of these risks is likely to have an adverse effect on the User and on the NFTs created. In addition, other risks, not yet identified or considered insignificant by Smoothy Labs, as of the date hereof, could also have an adverse effect.
1. Economic risks and risk of total or partial loss related to unsuitable transfer fees to an External Portfolio
You are cautioned that inadequate blockchain transfer fees for the transmission of the NFT from the Wallet linked to the BALLS-IN account to a third-party Wallet or a bottleneck in the blockchain network used could jeopardize the transfer and the fees and NFT could be permanently lost.
2. Volatility risks
You are cautioned that blockchain transfer fees may vary widely over time and even within a limited time frame. Smoothy Labs has no control over this volatility risk and invites the User to expect transfer fees that it considers acceptable.
3. Risk related to the value of the created NFT
The value of the BALLS-IN NFT is essentially a use value to access game components. The value of the created NFT is in no way promoted or guaranteed and on the other hand the evolution of the value of tokens like Bitcoin, Ether or Matic can significantly influence the price of other tokens in this emerging market. You are cautioned that an NFT may not necessarily find a buyer on third party NFT sales sites.
4. No Market risk
You are advised that the Company cannot guarantee to list, display, sell, maintain for sale or permit the resale of NFT on any third party platform or site.
5. Risk of non-compatibility with third party sites and services
The User is advised that the NFT or its Metadata created with the Service may not be compatible with third party sites.
6. Blockchain risk
The electronic shared record device chosen is the Polygon public blockchain. The Polygon blockchain, is based on the PoS form of consensus of Proof-of-Stake (POS). As such, the Polygon blockchain relies on a relatively new mode of consensus, likely to be more vulnerable to computer attacks than the Proof-of-Work model, POW (Proof-of-Work) and overall more vulnerable to attacks 51%, due to a level of decentralization of the network still limited.
Smoothy Labs reserves the right to migrate its Services from the Polygon blockchain to another blockchain or other blockchains, in particular in case of security risk or excessive blockchain congestion. The costs of migration will be borne by Smoothy Labs.
7. Risk related to Smart-Contracts
As any token issuance, especially NFT, made with a Smart-contract, even standard and audited, a risk of discovery and exploitation of security breach cannot be excluded. Smoothy Labs disclaims any responsibility for unforeseeable failures related to the Smart-contract, malfunction, loss of token, erroneous transaction or hacking, but will make its best efforts to issue replacement NFTs to replace the NFTs with the failed code.
8. Content Storage Risk
You understand that Smoothy Labs cannot guarantee the proper functioning, stability, display, effective retention or maintenance of links to the file stored in the metadata. You are invited to keep with its own storage means the files of the Contents of the metadata. The User understands that the Company cannot be held responsible for any malfunction of the database.
9. Private Key and Wallet Risks
You understand that the External Wallet used must be compatible to receive and transfer NFTs to the Polygon blockchain. In case of transferring NFTs to an incompatible wallet, the user will normally not be able to access the NFTs anymore. This means a total loss of his NFT.
You bear full responsibility for the decision on which wallet to use. You are also responsible for the secure storage of the private key of your BALLS-IN Wallet and External Wallet, which is necessary to proceed with the storage and operation of your NFT. Loss or theft of the private key is equivalent to the loss of all NFTs assigned to the Wallet.
It is recommended to use the Exchange Platforms and Browser Wallets only to perform instant operations and not to store NFTs, cold storage or hardware wallet is preferred.
10. Regulatory Risks
Changes in legislation, regulations or other standards applicable to the business of Smoothy Labs or its affiliates and NFTs could prevent the continuation of operations and the continuity of the Service.
As the field of blockchain, crypto-assets and NFTs is relatively new, the applicable regulations are changing regularly and significantly on an international scale. Legislative or regulatory changes could have a significant adverse effect on Smoothy Labs operating costs and the economics of NFTs. The Company may violate applicable laws or regulations and such possible non-compliance could lead to various types of sanctions, including the limitation, suspension or prohibition of certain activities and the imposition of fines, damages and other penalties, which could affect the continuity of the Service offered by Smoothy Labs.
You understand that you must comply with the laws applicable to your country regarding crypto-assets and NFT.
You should also note that regulatory or normative changes could affect the operation of the Polygon blockchain used for the registration of NFTs which could generate risks related to trust in the Polygon ecosystem and costs for Smoothy Labs and for NFT holders on this blockchain and justify a migration to other blockchains or to central bank digital currencies.
11. Tax risk
The tax risks associated with NFTs are due to the novelty of these assets and their as yet undefined legal and tax status. These risks are mainly related to the lack of visibility in many national laws due to the novelty of the subject and the structurally evolving nature of finance laws
DISPUTE RESOLUTION
If you encounter a problem or have a question, you can contact us.
Please include in your message your contact information and provide us with any additional information and relevant background.
In addition, Users may contact an independent Ombudsman free of charge by sending a request to that effect by email to the company's address. Upon receipt, BALLS-IN undertakes to work towards a rapid resolution.
In accordance with the French Consumer Code, we offer you access to such an alternative dispute resolution program when you have a complaint that we are unable to resolve.
Before filing a complaint with the mediation entity, you must first send us a complaint. We will then attempt to resolve the complaint internally. If we are unable to resolve the complaint or if you are not satisfied with the solution provided, and if your complaint is less than one year old, you may address your complaint to support@balls-in.xyz
European Union Users may also contact the European Commission's online dispute resolution service at ec.europa.eu/consumers/odr.
GOVERNING LAW
These Terms, the Terms of Use and any applicable Additional Terms are governed by French law. However, if you are a consumer and a resident of a European Union country, you will have the benefit of the provisions and rights that are mandatory under the laws of that country. Nothing in these Terms affects your rights as a consumer to rely on the provisions and rights that are mandatory under your local law.
JURISDICTION
Where permitted or required by applicable law, you agree that the courts of France shall have exclusive jurisdiction. However, if you are a consumer and a resident of any other member state of the European Union, you and Smoothy Labs may also bring proceedings in that country.
[1] General Data Protection Regulation of 27 April 2016
REFERRAL PROGRAM
You may sponsor other Users to register with the BALLS-IN Site by participating in a referral program (the "Referral Program") governed by the Referral Program Terms.
You may participate in the Partner Program, where you can earn rewards for purchases made by other Users whose registration with BALLS-IN you have sponsored (the "Partner Program"). Participation in the Partner Program is governed by the Partner Program Terms.