Terms of service
Welcome to Scorestars!
Your use of Scorestars and the Player Cards are subject to these Terms and Conditions of Service (these "Terms"). Please carefully review these Terms to understand how you can use Scorestars and the Player Cards.
If you have any questions or comments regarding these Terms, Scorestars or the Player Cards, or you simply wish to send us any messages regarding the Terms, please contact us at email@example.com.
Acceptance and Compliance with these Terms
These Terms apply to you if you are a user of Scorestars accessible at https://www.scorestars.io.
You must comply with these Terms and use Scorestars and the Player Cards in compliance with any applicable laws and regulations, wherever you may be when you use them.
You also declare and certify that you are over 18 years of age, and using Scorestars solely for non-commercial, non-professional and personal purposes. You may not use Scorestars if you are not at least 18 years of age.
By checking the box "I have read and agree to the Terms of Service" you confirm that you have read and accepted these Terms. If you do not agree to these Terms, you must not use Scorestars and the Player Cards.
By checking the box "I have read and agree to the Terms of Service", you are agreeing to be bound by these Terms between you and Scorestars OÜ;, whose address is at Meistri 16, Tallinn, Harju County, 13517 ("Scorestars OÜ;", "Scorestars", "we", "us", or "our"). These Terms constitute a legally binding agreement between you, whether you are registered on Scorestars or not and whether you have purchased a Player Card or not through Scorestars ("User", "you" or "your"), any mobile apps or other related services or applications (collectively, the "Scorestars Platform").
We may change or amend these Terms from time to time to reflect (i) changes in laws and regulations, (ii) changes in technology, or (iii) changes to the services we provide through the Scorestars Platform, to the extent that they will not negatively impact your experience with us. We will alert you of any changes to these Terms by sending you emails, drawing your attention to the changes through pop-up windows that you will see when you visit the Scorestars Platform, and posting the changes on the Scorestars Platform in an easily accessible way.
If you do not agree to these Terms or any changes to these Terms, please stop using the Scorestars Platform.
Additional Terms and Policies (www.Scorestars.io)
These Terms only govern your use and access of Scorestars Platform.
In addition to these Terms, we also invite you to read the following additional terms and policies:
the Scorestars Game Policy in respect of Scorestars, our online fantasy basketball game accessible at https://docs.scorestars.io;
the Scorestars Player Card Marketplace Policy which describes how Player Card are sold or purchased on the Scorestars Platform accessible at https://docs.scorestars.io/sell-and-trade/sell-your-cards;
Definitions applicable to these Terms
For the purposes of these Terms, the following capitalized terms will have the following meanings:
Buyer User: mean a User wishing to purchase, collect, trade, [exchange], or otherwise acquire or purchasing, collecting, trading, [exchanging], or otherwise acquiring Player Trading Card through the Scorestars Platform;
First Sale: means the first sale or transfer of a Player Card through the Scorestars Platform;
Intellectual Property: means any and all present and future patents, inventions, know-how, trade secrets and other confidential information, trademarks, service marks, logos, emblems, badges, mascots, insignia, identifying music and sounds, get-up, domain names, business names, trade names, moral rights, performance rights, registered designs, copyrights, database rights, the sui generis rights relating to databases, design rights and other intellectual property rights of whatever nature, in each case whether registered or unregistered and including applications for registration, and all rights or forms of protection having equivalent or similar effect anywhere in the world;
Player Card Content: means, in connection to the Player Cards, any Scorestars or third party rights, such as patents, image rights, copyrights, trade secrets, trademarks, know-how or any other Intellectual Property or neighboring rights recognized in any jurisdiction, including without limitation:
any professional basketball club"s trademarks and logo;
"head and shoulders" static photographs of players wearing a professional basketball club"s official kit; and
the name, age, playing number and position of each player;
Digital Card: means unique, verifiable, immutable and transferable non-fungible tokens recorded using "blockchain" distributed ledger technology;
Player Card: means Player Cards incorporating the Player Card Content which are developed, distributed, marketed supplied and issued by Scorestars (and not the professional basketball club related to the player featured in the Player Card) and made available for First Sale or supply by Scorestars subject to a Polygon Mainnet PolicyId and these Terms, which are solely for use in connection with the Scorestars;
Player Card Holder: means, in each case, an individual who has acquired a Player Card and each subsequent owner of the relevant Player Card;
Secondary Sale: means any sale or transfer of a Player Card via the Scorestars Platform (other than a First Sale);
Seller User: means a User wishing to sell or selling a Player Card via the Scorestars Platform;
Scorestars: means our online fantasy basketball game accessible at https://www.scorestars.io;
Scorestars Account: means an account you may create on the Scorestars Website to become a registered user of the Scorestars Website and, depending on the type of the account, a registered user of Scorestars; and
Scorestars Website: means the website accessible at https://Scorestars.io/;
Scorestars License: means the license granted by Scorestars to the Player Card Holder in connection with the acquisition of a Player Card as described in Section 8 below.
Services Available on the Scorestars Platform
The Scorestars Platform provides you with the opportunity to list, sell, purchase, collect, trade, [exchange], or otherwise acquire and showcase your Player Cards as a Player Card Holder.
You can use Player Cards to participate in basketball competitions that are based on real-life
As the owner, Buyer assumes all risk of loss of the Product.
Regarding the purchase and sale of the Player Cards, you may either:
purchase Player Cards directly from us through a First Sale, or
[post, sell, purchase, collect, trade, [exchange], or otherwise acquire a Player Cards through a Secondary Sale, in which case the sale and acquisition of Player Cards will take place between you and other Users. In the case of Secondary Sales, you acknowledge and agree that we will only be acting as an intermediary. Only registered Users acting in their capacity as non-professional sellers and in compliance with these Terms will be able to post, sell, purchase, collect, trade, [exchange], or otherwise acquire Player Cards for the purposes of Secondary Sales, and we will receive a commission of 5%-15% related to each Secondary Sale made on Scorestars.]
We have the right to remove, delist, or block the Secondary Sale of any Player Cards from within the Scorestars Platform that violates applicable laws and regulations or these Terms, including the terms of the Scorestars License as described in Section 8, or otherwise makes a fraudulent use of Scorestars. We may also take any action, in compliance with applicable laws and regulations, with respect to use or attempted Secondary Sale of any Player Cards that we deem necessary or appropriate to prevent activities in violation of applicable laws and regulations, the violation of these Terms, or the infringement of any Intellectual Property of any person or entity. Any offer made by a suspended or deleted Scorestars Account will also be automatically deleted.
Please note that Scorestars does not intervene in any way in the choice of Player Cards available through a Secondary Sale on the Scorestars Platform. The price of Player Cards available through a Secondary Sale are fixed by Seller Users and Scorestars does not participate in the determination of the price in any way. We do not intervene or participate in any way in a Secondary Sale taking place between a Buyer User and a Seller User on the Scorestars Platform, and the Secondary Sale only takes place between the Buyer User and the Seller User.
You therefore acknowledge and accept that Scorestars has no control over the relevance or fairness of the prices proposed by the Seller Users, and the Buyer User will be solely responsible for the appreciation of the price proposed for a Secondary Sale on the Scorestars Platform.
The Player Cards listed by Seller Users on the Scorestars Platform are displayed by a default algorithm considering the [price proposed by the Seller User, the listing date, and the popularity of similar Player Cards]. You can also sort or search the listing according to the criteria or your choice, in which case the Player Cards will be ranked in the search results according to the criteria you have selected.
When you acquire a Player Card, you own the Player Card only and shall not take any rights or ownership whatsoever or any Intellectual Property in the Player Card Content except for the Scorestars License granted as described in Section 8 below. You acknowledge and agree that the Player Card Content shall always remain the property of the relevant professional basketball club or as the case may be Scorestars or any relevant third-party rights holder.
Restrictions of Use
You may not do any of the following in connection with your use of the Scorestars Platform, unless applicable laws or regulations prohibit these restrictions, or you have our express written permission to do so:
download, modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from or through, the Scorestars Platform, except for temporary files that are automatically cached by your web browser for display purposes, or as otherwise expressly permitted in these Terms;
duplicate, decompile, reverse engineer, disassemble or decode the Scorestars Platform (including any underlying idea or algorithm), or attempt to do any of the same;
use cheats, automation software (bots), hacks, modifications (mods) or any other unauthorized third-party software in any way;
exploit Scorestars for any commercial purpose, including any commercial advertisement, communication, or solicitation;
access or use the Scorestars Platform in any manner that could disable, overburden, damage, disrupt or impair it or interfere with any other User"s access to or use of the Scorestars Platform or use any device, software or routine that causes the same;
attempt to gain unauthorized access to, interfere with, damage or disrupt the Scorestars Platform, Scorestars Accounts registered to other Users, or the computer systems or networks connected to the Scorestars Platform;
circumvent, remove, alter, deactivate, degrade or thwart any technological measure or content protections of the Scorestars Platform;
use any robot, spider, crawlers or other automatic device, process, software or queries that intercepts, "mines," scrapes or otherwise accesses the Services to monitor, extract, copy or collect information or data from or through the Scorestars Platform, or engage in any manual process to do the same;
introduce any viruses, trojan horses, worms, logic bombs or other materials that are malicious or technologically harmful into our systems;
use the Scorestars Platform for illegal, harassing, unethical, or disruptive purposes, or otherwise use the Scorestars Platform in a manner that is fraudulent, deceptive, threatening, defamatory, obscene, hateful, or otherwise objectionable;
violate any applicable law or regulation in connection with your access to or use of the Scorestars Platform; or
access or use the Scorestars Platform in any way not expressly permitted by these Terms.
User Accounts and Wallets
You may browse and check out offerings of Player Cards on the Scorestars Platform without creating a user account. However, in order to actually transact on the Scorestars Platform (for the purpose of acquiring or selling Player Cards or participating in the online basketball game), you will need to create a dedicated Scorestars Account. You will find here the terms applicable to the creation of your Scorestars Account more generally.
You may not attempt to conceal your identity by using multiple Scorestars Accounts or email addresses, or by any other means, to conduct transactions on the Scorestars Platform via multiple accounts. You are solely responsible for the security of your Scorestars Account.
When you acquire or sell Player Cards on the Scorestars Platform using your Scorestars Account, Scorestars will create an Account for you on the Polygon Network, each User will be assigned an Account Address on the Polygon Network. Account Address allow you to purchase, store and engage in transactions involving Player Cards and other digital assets when using the Scorestars Platform.
You may elect to receive or transfer Player Cards into your Non-Custodial Wallet, subject to such functionality being made available on Scorestars. By using Non-Custodial Wallets in connection with the Scorestars Platform, you agree that you are using such Non-Custodial Wallets under the terms and conditions of the applicable providers of Non-Custodial Wallets.
Player Cards Transactions
Scorestars may facilitate transactions for the acquisition and sales of Player Cards between Buyer Users and Seller Users. However, we may not be a party to any sales agreements between Buyer Users and Seller Users on Scorestars, and we are not responsible for any breach or default by a Seller User or a Buyer User. That said, we reserve the right to be the final decision maker on any disputes arising from the acquisition of Player Cards via the Scorestars Platform, including in connection with any auctions or other methods of acquisition.
If you have a dispute with one or more Users, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees, and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering this release, you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
You are responsible for your interactions with other Users. Scorestars reserves the right, but is not obligated, to monitor interactions between Users, and Scorestars is not liable for your interactions with other Users, or for any User"s actions or inactions.
To transact on the Scorestars Platform, we or our service providers may require you to provide additional information and documents as required by applicable law or regulation, including laws related to anti-money laundering. In such cases, we, in our sole discretion, may pause or cancel your transactions within the Scorestars Platform until we, and/or our service providers, have reviewed the provided information and documentation and accepted it as satisfying the requirements of applicable law. If you do not provide complete and accurate information and documents in response to such a request, your transactions may not be processed on the Scorestars Platform. You acknowledge that there may also be a time delay between the time when you submit such information and when we and/or our service providers are able to complete any anti-money laundering, know-your-client or similar checks.
If you have reason to believe that a Player Card listed on the Scorestars Platform was illegally obtained or created, please contact us immediately at the contact information set forth at the bottom of these Terms. If we determine from the evidence that the Player Card was illegally obtained or created, we will attempt to remove or hide it from the Scorestars Platform or disable trading of it via the Scorestars Platform.
License to Player Cards
If you acquire a Player Card through the Scorestars Platform, we hereby grant you a worldwide, non-exclusive, license to view and/or display the Player Card content incorporated into the Player Card you have acquired (including the right to transfer such license to a third party as part of the sale of the Player Card) and to use such Player Card (including buying, selling and trading) in the context of the Scorestars or the Scorestars Platform and strictly in compliance with these Terms and the terms of any applicable smart contracts, solely for the following purposes:
for your own personal, non-commercial, private use only;
as part of Scorestars or the Scorestars Platform (including for any Secondary Sale)
The Scorestars License only lasts as long as you are the valid owner and holder of the Player Card as a Player Card Holder. If you sell or transfer the Player Card to another person, the Scorestars License will transfer to the new Player Card Holder, and you will no longer have the benefits of the Scorestars License.
Limitations on License
You agree that you may not, nor permit any third party to do or attempt to do any of the following:
alter, modify, copy, exploit of otherwise commercialize all or part of the Player Card including the Player Card Content in any way;
use, mingle, market, collect, and/ or sell all or part of the Player Card including the Player Card Content in connection with any game other than Scorestars;
use, mingle, market, collect, and/ or sell all or part of the Player Card including the Player Card Content (including co-mingling with any other game of the metaverse or other facilitative digital universe) with a licensed product of any professional basketball club;
use the Player Card to advertise, market, or sell your or any third-party product or service, including incorporating or linking all or part of the Player Card including the Player Card Content within or to any other Digital Card;
use, mingle, market, collect, and/or sell all or part of the Player Card including the Player Card Content with any other Digital Card otherwise than as part of the Scorestars Platform;
attempt to trademark, copyright, or otherwise acquire additional Intellectual Property in all or part of the Player Card including the Player Card Content; or
more generally, use or exploit all or part of the Player Cards including the Player Card Content for your or any third party"s commercial benefit in any other way.
You will be solely responsible to pay any applicable sales, use, value-added and other taxes, duties, and assessments imposed by any governmental authority associated with your use of the Scorestars Platform and the acquisition or sale of Cards, except for any income taxes levied on us because of any of your use, acquisition, or sale of the Player Cards.
Users holding Player Cards can sell them throughout the Marketplace. In this case, you are free to set the fixed selling price offered. The Player Cards is offered on the Marketplace.
Scorestars does not intervene in any way in the choice of the Player Cards offered for sale on the Marketplace nor in the determination of the selling prices fixed by you. More generally, Scorestars does not intervene in any way in the sale between users within the Marketplace. Consequently, Scorestars never acts as a counterpart to this sale.
Scorestars reserves the right to remove from the Marketplace the Offers of a user"s, especially, but not exclusively, if the user:
does not respect the applicable regulations;
does not respect the Terms;
is subject to a temporary or permanent suspension of his account;
makes fraudulent use of Scorestars.
Risks Related to Acquiring Player Cards
You acknowledge and agree that there are risks associated with purchasing and holding Player cards and using blockchain technology, such as the risk of losing access to Player Cards because of loss of private key(s), custodial error or purchaser error, risk of blockchain attacks or other hacking and cybersecurity incidents. We also cannot rule out that access to Player Cards may be lost due to regulatory or legislative changes. You also acknowledge and agree that there are risks related to taxation, or any other risks related to fluctuation in the value of the Player Cards. The Player Cards has no intrinsic value, although in any case, you will always be able to use the Player Cards in Scorestars.
You also acknowledge and agree that there are various risks associated with using an Internet-or cryptography- based currency, such as risks related to hardware, software and Internet connections, malicious software or cybersecurity attacks including unauthorized third-party access. While we will do our best to ensure that adequate cybersecurity measure is put in place, you accept and acknowledge that we will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience due to inherent technological limitations and risks related to Internet and blockchain network use.
The regulatory regime governing blockchain technologies, cryptocurrencies and tokens is uncertain, and new regulations or policies may materially adversely affect the development of Scorestars, and therefore the potential utility or value of your Player Cards. Upgrades to any blockchain network or hard forks in such networks, or a change in how transactions are confirmed on such blockchain networks may have unintended, adverse effects on all blockchains, including any that are related to your Player Cards.
For clarity, any purchase or sale of Player Cards you make, accept, or facilitate outside of the Scorestars Platform and outside of any Secondary Sale will be entirely at your risk. We do not control or recommend purchases or sales of Player Cards outside of the Scorestars Platform.
Limitation of Scorestars Liability
The Scorestars Platform is provided on an 'as is' basis. We specifically disclaim any and all warranties and conditions of merchantability, fitness for a particular purpose and non-infringement, and any warranties arising out of course of dealing or usage of trade.
We are not responsible for loss or damage resulting from your use of the Scorestars Platform that is not foreseeable in the sense that it is either obvious that it will happen or if, at the time you agree to these Terms, both you and Scorestars are aware that it might occur.
The Scorestars Platform is provided for personal, non-commercial use only, and we therefore have no liability for any loss of profit, loss of business, loss of contract, business interruption, or loss of business opportunity in connection with your use of the Scorestars Platform.
You are solely responsible for ensuring the accuracy of any information that you provide, especially in the context of a Secondary Sale. Scorestars cannot be held liable for any consequences resulting from your provision of inaccurate information.
The limitations on our liability shall only apply to the extent permissible under applicable law, including our liability for death or personal injury caused by negligence or for fraud or fraudulent misrepresentation.
We will not be liable or responsible to you, nor be deemed to have defaulted under or breached these Terms, for any failure or delay in fulfilling or performing any of our obligations under these Terms to the extent such failure or delay is caused by or results from any events that are beyond our control, such as acts of God, wars, flood, fire, earthquake, epidemics, pandemics, explosion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, embargoes or blockades, strikes, labor stoppages or slowdowns or other industrial disturbances, shortage of adequate or suitable Internet connectivity, telecommunication breakdown or shortage of adequate power or electricity, and other similar events beyond our control.
Ending Your Relationship with Scorestars (and vice versa)
These Terms will apply until terminated by either you or Scorestars.
You can immediately terminate these Terms at any time by closing your Scorestars Account. Please use the directions below to close your Scorestars Account if you have created an Scorestars Account. Otherwise, you can simply stop visiting the Scorestars Platform and stop using our services.
We may terminate these Terms and your right to access and use the Service by closing your Scorestars Account and notifying you to the e-mail address linked to your Scorestars Account, if you act in violation of any applicable laws and regulations or these Terms.
Content of the Scorestars Platform
Scorestars is the owner of all intellectual property rights on the Scorestars Platform"s contents. We grant you a free license to use the Scorestars Platform"s contents in compliance with these terms and only in relation to your use of Scorestars and the Scorestars Platform.
Any unauthorized extraction or reproduction of databases contained in the Scorestars Platform is prohibited.
You acknowledge and agree that use of the Scorestars Platform does not give you any ownership or other rights in the content (including code, data or any other materials) on the Scorestars Platform or any other rights of in the content (including code, date or any other materials) provided by third parties or other Users on the Scorestars Platform.
Applicable Law and Jurisdiction
These Terms and your relationship with Scorestars under these Terms, shall be governed by Estonian law. However, if you are located outside of Estonian, additional consumer rights and protections you are entitled to under the laws of the country in which you are located will also apply.
Disputes between you and Scorestars arising out of the Platform Terms shall be settled in accordance with the laws in force in the Republic of Estonia. In the event of failure to reach an agreement, the disagreement shall be settled by the Harju County Court.
You also have the right to submit any dispute to the European Commission Online Dispute Resolution platform for online resolution, accessible here: http://ec.europa.eu/odr
Handling of users' personal data
The User hereby consents to Scorestars processing of their personal data.
As a User, you may have created an account enabling you to access the Services. To manage this account from creation to deletion, the Company will collect and process identification Personal Data (i.e., your first name, last name, username, and your contact details).
The User's personal data provided to Scorestars by the User when creating an Account and placing an Order shall be entered into an electronic register and used to provide the parties to the Sales Contract with information relating to the Sales Contract and to offer the Products to the User.
Scorestars will not see the User's bank card or other payment details.
The controller of the personal data is Scorestars OÜ;, with registration code 14917311, Meistri 16, Tallinn, Harju County, 13517. The authorized processors are the Partner to whom the User's personal data necessary for the performance of the Sales Contract (including the User's e-mail address and name) are transferred. The User hereby consents to the transfer of such data to Scorestars.
Scorestars shall be entitled to transfer the User's personal data to third parties if the obligation to process the personal data arises from the law or if the User has given his/her express consent.
Scorestars collects and processes User"s Personal Data for managing and following up any questions and/or requests Users may submit. As such, please note that this processing is only carried out in the event you submit a question and/or request. Otherwise, your Personal Data is not processed for this purpose.
Scorestars collects and processes User"s Personal Data for the use of the Services. This processing requires the Scorestars to collect and process the following categories of Personal Data:
for the purchase, transfer, withdrawal, and exchange of Products: username and payment identifier
for the participation in the ScorestarsPlay game: username and prize winners
for leaderboard: username.
The User gives his/her consent to Scorestars to send his/her personal data to the e-mail address provided when creating the Account or placing the Order:
Promotional communications, where the User has opted-in to receive such communications (by ticking the relevant box) when placing an Order or creating an Account. The User shall have the right to withdraw such consent at a later stage by sending a letter of substance to firstname.lastname@example.org.
Cookies are used on the Scorestars platform to ensure a better user experience and more effective marketing and to collect usage statistics.
A cookie is a small text file that is automatically stored by the browser on the device used by the customer. Cookies are used to collect information about how the customer uses the website, to make the website more personal and user-friendly for the customer. Cookies may be created by different service providers, such as Google and Facebook. Cookie files are not harmful to your computer.
There are two types of cookies:
Persistent cookies, which remain permanently in the cookie file on the user's computer. They may be used, for example, to recognize the user as a repeat visitor to a website and to adapt the content of the website to the user's needs or to collect statistical data.
Session cookies are temporary and disappear when the user leaves the website or closes their browser. Session cookies may be used to enable certain features of the website, such as requesting a service or product, etc.
Cookies are used to collect information about how the website is used to make it more personal and user-friendly for users. In addition, cookies help to collect user statistics that allow the performance of the website to be measured and improved and provide a basis for effective marketing activities.
Users are deemed to have accepted cookies if their browser settings allow cookies. Web browsers often allow cookies to be stored on the consumer's device by default. Users can disable or delete cookies on their device by changing the settings on their browser. If cookies are not used, the website may not function properly. Instructions for deleting and setting cookies in your browser: Chrome, Internet Explorer.
To collect usage statistics, Scorestars uses Google Analytics to collect data on sub-pages visited, time spent on the site and other statistics.
However, Google Analytics may collect data on user activity without using cookie files. In order to prevent Google Analytics from using the data, please install the Google Analytics opt-out browser app on your device.
Rights of the User
The User is informed that he has a right of access, a right to rectification and erasure, a right to restriction of processing, a right to Personal Data portability under the conditions provided for in articles 15 to 22 of Regulation 2016/679 of 27 April 2016.
To exercise his rights or for any question on Personal Data protection, the User shall make a request accompanied by proof of identity by email at info@Scorestars.io.
Scorestars shall strive to reply without undue delay and at the latest within one month of receipt of the request. Scorestars reserves the right to extend this period to three (3) months in the case of a complex request.
Scorestars is committed to protecting your Personal Data and comply with the applicable data protection legal framework.
In addition, in the event you would provide the Scorestars with information enabling to identify directly or indirectly any other natural persons (e.g. you sent a request to Scorestars with the contact email address available on the Services and share personal data concerning another natural person in your email), you represent and warrant that, prior to sharing this information with the Scorestars, such other natural persons have been provided with this Policy and, to the extent applicable, have consented to the processing of their data.
User responsibility and dispute resolution
The User undertakes to use the Platform only in accordance with the law and good practices.
When placing an Order or creating an Account, by ticking the box 'I accept the Terms and Conditions of Use of the www.scorestars.io Platform', the User confirms that he/she has read and understood the Terms and Conditions of Use, accepts them, and agrees to be bound by them.