Welcome to The Riot Room (“TRR”). TRR is a website that provides goods and services which include physical items and digital audio, video, and NFT items and Projects operating on the Ethereum and Polygon blockchain. All the NFT collections created and generated by Stadium Riot Digital ("SRD") on the TRR Platform (“Platform”) uses specially-developed smart contracts that enable users to mint and own digital collectibles launched by SRD/TRR. All other NFT’s and NFT collections on the TRR Platform are owned by SRD and available for purchase on the TRR Platform through OpenSea.
SRD/TRR DIGITAL ITEMS (NFT'S)
Digital collectibles (“digital collectible(s)”) on the TRR Platform are represented by a unique cryptographic token ID. Only the (“Item(s)”, “Token(s)”, “Non-fungible token(s)”, or “NFT(s)”) created by SRD are Minted using the SRD Smart Contracts. All other items and collections on the TRR platform are bound by the smart contracts of their original creators. SRD will not take responsibility for any item(s), collection(s), or the content of its smart contract(s) after its purchase. All items on the TRR Platform are forever tracked and stored on the Ethereum blockchain, providing the Collector of a SRD/TRR Item with a permanent record of authenticity and ownership.
TRR LICENSE AGREEMENT
All works minted on “the Platform” are created by SRD (“Stadium Riot Digital”) and subject to the TRR License, the terms of which are described below. All Owners who receive a SRD/TRR Item acknowledge and agree to accept or purchase the Item subject to the conditions of the License.
OWNERSHIP OF A SRD/TRR ITEM (NFT's)
Owners of a SRD/TRR Item own a cryptographic token representing the digital collectible as a piece of property. Collectors may show off their ownership of collected TRR Items by displaying and sharing the Underlying digital collectible, but Collectors do not have any legal ownership, right, or title to any copyrights, trademarks, or other intellectual property rights to the underlying digital collectible. Owners can put SRD/TRR items on clothing and merchandise, include them in video games and video projects, and generally have whatever use they want with TRR items. Owners cannot use the name “Stadium Riot Digital” or “The Riot Room” on any commercial product, or use “SRD” or “TRR” unless connected directly to a “#” and the number of TRR item signifying the NFT owned. Owners agree not to use TRR item in any project or derivative work that involves hate speech, racism, pornography, or any other illegal content. The Riot Room reserves all exclusive copyrights to digital collectibles underlying TRR Items Minted on the Platform, including but not limited to the right to reproduce, to prepare derivative works, to display, to perform, and to distribute the digital collectibles.
USER RELEASES TRR FROM COPYRIGHT CLAIMS
All Users irrevocably release, acquit, and forever discharge The Riot Room and its subsidiaries, affiliates, officers, and successors of any liability for direct or indirect copyright or trademark infringement for The Riot Room’s use of a Digital collectible in accordance with these Terms, including without limitation, The Riot Room’s solicitation, encouragement, or request for Users or third parties to host the Digital collectible for the purpose of operating a distributed database and The Riot Room’s deployment or distribution of a reward, a token, or other digital asset to Users or third parties for hosting Digital collectibles on a distributed database.
THE PLATFORM
ACCESSING THE PLATFORM THROUGH METAMASK
To most easily access and use the Platform, you should first install the Google Chrome or Brave web browser. Once you have installed Chrome or Brave, you will need to install a browser extension called MetaMask. MetaMask is an electronic wallet, which allows you to purchase (either directly via Coinbase if you are in the United States, or via other third party sites), store, and engage in transactions using the native Ethereum cryptocurrency, ETH. You will not be able to engage in any transactions on the Platform other than through MetaMask (or other Ethereum-compatible browsers). The Platform will only recognize you as a User, and you will only be able to interact with the Platform, if your Ethereum electronic wallet is connected and unlocked through your MetaMask account. There is no other way to sign up as a User, or to interact directly with the Platform.
TRANSACTIONS ARE RECORDED ON THE PUBLIC ETHEREUM BLOCKCHAIN
Transactions that take place on the Platform are managed and confirmed via the Ethereum blockchain. The User understands that your Ethereum public address will be made publicly visible whenever you engage in a transaction on the Platform. We neither own nor control MetaMask, Coinbase, Google Chrome, the Ethereum network, 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 Platform. 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.
THE PLATFORM IS PROPERTY OF STADIUM RIOT DIGITAL
You acknowledge and agree that we (or, as applicable, our licensors) own all legal right, title and interest in and to all elements of the Platform. The graphics, design, systems, methods, information, computer code, software, services, “look and feel”, organization, compilation of the content, code, data, and all other elements of the Platform (collectively, the “TRR Materials”) are owned by Stadium Riot Digital, and are protected by copyright, trade dress, patent, and trademark laws, international conventions, other relevant intellectual property and proprietary rights, and applicable laws. All TRR Materials are the copyrighted property of Stadium Riot Digital or its licensors, and all trademarks, service marks, and trade names contained in the TRR Materials are proprietary to Stadium Riot Digital or its licensors. Except as expressly set forth herein, your use of the Platform does not grant you ownership of or any other rights with respect to any content, code, data, or other materials that you may access on or through the Platform. We reserve all rights in and to the TRR Materials not expressly granted to you in the Terms.
THE RIOT ROOM MAY USE AND SHARE ALL USER FEEDBACK
You may choose to submit comments, bug reports, ideas or other feedback about the Platform, including without limitation about how to improve the Platform (collectively, “Feedback”). By submitting any Feedback, you agree that we are free to use such Feedback at our discretion and without additional compensation to you, and to disclose such Feedback to third parties (whether on a non-confidential basis, or otherwise). You hereby grant us a perpetual, irrevocable, non-exclusive, worldwide license under all rights necessary for us to incorporate and use your Feedback for any purpose.
SRD IS A NON-CUSTODIAL SERVICE PROVIDER
The Smart Contracts and the Site facilitate User collection of SRD/TRR Items, but and its affiliates, the Platform, and the Smart Contracts are not the custodians of any User-owned SRD/TRR Items. The User understands and acknowledges that the Smart Contracts do not give Stadium Riot Digital custody, possession, or control of any SRD/TRR Item or cryptocurrency at any time for the purpose of facilitating SRD/TRR Item transactions. You affirm that you are aware and acknowledge that Stadium Riot Digital is a non-custodial service provider and has designed this Platform to be directly accessible by the Users without any involvement or actions taken by Stadium Riot Digital or any third-party.
EXTERNAL SITES
The Platform or Site may include hyperlinks to other websites or resources (collectively, “External Sites”), which are provided solely as a convenience to our users. We have no control over any External Sites. You acknowledge and agree that we are not responsible for the availability of any External Sites, and that we do not endorse any advertising, products or other materials on or made available from any External Sites. Furthermore, you acknowledge and agree that we are not liable for any loss or damage which may be incurred as a result of the availability or unavailability of the External Sites, or as a result of any reliance placed by you upon the completeness, accuracy or existence of any advertising, products or other materials on, or made available from, any External Sites.
ASSUMPTION OF THE RISK
USER ACKNOWLEDGES THE RISK OF CRYPTOCURRENCY AND SMART CONTRACTS
You further represent and warrant that you understand and are willing to accept the risks associated with cryptographic systems such as the smart contracts, the ethereum blockchain, non-fungible tokens, and the interplanetary file system.
We will not be responsible or liable to you for any losses you incur as the result of your use of the ethereum network or the metamask electronic wallet, including but not limited to any losses, damages or claims arising from: (a) user error, such as forgotten passwords or incorrectly construed smart contracts or other transactions; (b) server failure or data loss; (c) corrupted wallet files; (d) unauthorized access or activities by third parties, including but not limited to the use of viruses, phishing, bruteforcing or other means of attack against the platform, ethereum network, the metamask electronic wallet or ethereum-compatible browser or wallet.
THE RIOT ROOM IS NOT RESPONSIBLE FOR TECHNICAL ERRORS ON THE ETHEREUM BLOCKCHAIN
The Riot Room/SRD is not responsible for losses due to blockchains or any other features of the ethereum network or the metamask electronic wallet or any ethereum-compatible browser or wallet, including but not limited to late report by developers or representatives (or no report at all) of any issues with the blockchain supporting the ethereum network, including forks, technical node issues, or any other issues having fund losses as a result.
Upgrades by Ethereum to the Ethereum platform, a hard fork in the Ethereum platform, or a change in how transactions are confirmed on the Ethereum platform may have unintended, adverse effects on all blockchains using the ERC-20 or ERC-721 standards, including the TRR ecosystem.
THE USER ACKNOWLEDGES THE RISKS OF THE PLATFORM
You acknowledge that the Platform is subject to flaws and acknowledge that you are solely responsible for evaluating any code provided by the Platform. This warning and others provided in this Agreement by The Riot Room/SRD in no way evidence or represent an ongoing duty to alert you to all of the potential risks of utilizing or accessing the Platform. The Platform may experience sophisticated cyber-attacks, unexpected surges in activity or other operational or technical difficulties that may cause interruptions to or delays on the Platform. You agree to accept the risk of the Platform failure resulting from unanticipated or heightened technical difficulties, including those resulting from sophisticated attacks, and you agree not to hold us accountable for any related losses. We will not bear any liability, whatsoever, for any damage or interruptions caused by any viruses that may affect your computer or other equipment, or any phishing, spoofing or other attack.
USER ACKNOWLEDGES FINANCIAL RISK OF DIGITAL ASSETS
Use of the Platform, including the creating, buying or selling trading digital assets, may carry financial risk. digital assets are, by their nature, highly experimental, risky, volatile and transactions carried through the Platform are irreversible, final and there are no refunds. You acknowledge and agree that you will access and use the Platform at your own risk. The risk of loss in trading digital assets can be substantial. You should, therefore, carefully consider whether such creating, buying or selling digital assets is suitable for you in light of your circumstances and financial resources. By using the Platform, you represent that you have been, are and will be solely responsible for making your own independent appraisal and investigations into the risks of a given transaction and the underlying digital assets. You represent that you have sufficient knowledge, market sophistication, professional advice and experience to make your own evaluation of the merits and risks of any transaction conducted via the Platform or any underlying digital asset. You accept all consequences of using the Platform, including the risk that you may lose access to your digital assets indefinitely. All transaction decisions are made solely by you. Not withstanding anything in this Agreement, we accept no responsibility whatsoever for and will in no circumstances be liable to you in connection with use of the Platform for performing digital asset transactions. Under no circumstances will the operation of all or any portion of the Platform be deemed to create a relationship that includes the provision or tendering of investment advice.
MISCELLANEOUS TERMS
THESE TERMS MAY CHANGE
These Terms may be discretionarily modified or replaced at any time, unless stated otherwise herein. The most current version of this Agreement will be posted on the Site with the “Last Revised” date at the top of the Agreement changed. Any changes or modifications will be effective immediately upon posting the revisions to the Site. You shall be responsible for reviewing and becoming familiar with any such modifications. You waive any right you may have to receive specific notice of such changes or modifications. Use of the Platform by you after any modification to the Agreement constitutes your acceptance of the Agreement as modified. If you do not agree to the Agreement in effect when you access or use the Platform, you Platform. We may, at any time and without liability or prior notice, modify or discontinue all or part of the Platform (including access to the Platform via any third-party links).
THE SMART CONTRACTS MAY CHANGE
The User acknowledges that Stadium Riot Digital may modify, change, amend, or replace one or more of the Smart Contracts from time to time. The User agrees that a modification to one or more of the Smart Contracts does not alter any right or obligation conferred by these Terms.
CONFIDENTIALITY OF CERTAIN COMMUNICATIONS
Users may voluntarily contact TRR to report serious misuses of the TRR Platform including, for example, suspicious market activity, hate speech, or other serious violations of these Terms. User agrees to keep confidential all private correspondence with any members of the TRR Team pertaining to another member’s alleged violation of these Terms or other inquiries about TRR’s policies.
INDEMNIFICATION
You agree to indemnify and hold harmless our company and its affiliates from and against all claims, costs, proceedings, demands, losses, damages, and expenses (including, without limitation, reasonable attorney’s fees and legal costs) of any kind or nature, arising from or relating to, any actual or alleged breach of these Terms by you, a co-conspirator, or anyone using your account. If we assume the defense of such a matter, you will reasonably cooperate with us in such defense.
SEVERABILITY
If any provision of these Terms is found to be unlawful or unenforceable, then that provision will be deemed severable from these Terms and will not affect the enforceability of any other provisions.
TERMINATION
You may terminate these Terms at any time by cancelling your account on the Platform and discontinuing your access to and use of the Platform. You will not receive any refunds if you cancel your account, or otherwise terminate these Terms. You agree that we, in our sole discretion and for any or no reason, may terminate these Terms and suspend and/or terminate your account(s) for the Platform. You agree that any suspension or termination of your access to the Platform may be without prior notice, and that we will not be liable to you or to any third party for any such suspension or termination. If we terminate these Terms or suspend or terminate your access to or use of the Platform due to your breach of these Terms or any suspected fraudulent, abusive, or illegal activity, then termination of these Terms will be in addition to any other remedies we may have at law or in equity. Upon any termination or expiration of these Terms, whether by you or us, you may no longer have access to information that you have posted on the Platform or that is related to your account, and you acknowledge that we will have no obligation to maintain any such information in our databases or to forward any such information to you or to any third party.
NO ASSIGNMENT OF THE TERMS
Neither party may assign or transfer any rights or obligations under this Agreement without the prior written consent of the other party, provided that The Riot Room may assign this Agreement without your prior consent to any of The Riot Room’s affiliates, or to its successors in interest of any business associated with the services provided by The Riot Room/SRD. This Agreement shall be binding upon the permitted assigns or transferees of each party.
CLASS ACTION WAIVER
Users agree to waive that all claims and disputes within the scope of these terms must be litigated on an individual basis and not on a class or collective basis, only individual relief is available, and claims of more than one customer or user cannot be consolidated with those of any other customer or user.
GOVERNING LAW AND JURISDICTION
These Terms will be governed by and construed under the laws of the United States, without giving effect to any conflict of laws rules or provisions. You agree that any action of whatever nature arising from or relating to these Terms, the Site, or our Products will be filed only in the courts in the United States. You consent and submit to the personal jurisdiction of such courts for any such action. The failure by us to enforce any right or provision of these Terms will not prevent us from enforcing such right or provision in the future. We may assign our rights and obligations under these Terms, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law.