Epollon is a simplified joint-stock company, with its registered office located at 7, rue Pablo Neruda 92300 Levallois-Perret, registered with the Nanterre Trade and Companies Register under number 921 915 419 (“We” or the “Company”).
The Company has designed and developed an entertainment platform accessible online at https://www.jockiz.com/ (the “Platform”) which allows its users (“You” or the “Users”) to collect monetizable digital objects created by the Company and supported by blockchain technology (the “NFTs”). The User can purchase NFTs in an auction on the Primary Market and can also list them for sale, or purchase NFTs from other Users, on the Secondary Market. The Company has also developed an online game (the “Game”) in which Users can use their NFTs and earn rewards (the “Services”).These General Terms constitute a contract (the “Agreement”) that you enter into with the Company in order to access the Platform, play the Game and benefit from the Services.The use of the Services also implies adherence to Our Privacy Policy which governs how We protect Your personal data. This policy is available here: https://www.jockiz.com/cgv.The purpose of the Agreement is to define the conditions under which the User accesses the Platform, plays the Game, benefits from the Services and may dispose of their NFTs.
Depending on how You use the Platform, additional terms may apply, including:
i. A username and an email address: creating your account will require verification of this email address and it will be used by the Company to communicate with you during the performance of the Agreement
ii. Your age: Access to the Platform and the Services is prohibited for minors.The username must not contain offensive or illegal content or infringe the rights of third parties. We reserve the right to request that you change your username and to suspend access to the Services while you proceed with its modification.When you create a user account, you represent and warrant that you:i. are eighteen (18) years of age or older; ii. are not in a situation that prohibits you from accessing the Services such as being listed on a European Union restricted persons list or being subject to sanctions imposed by the United Nations Security Council, or residing in a country or territory subject to comprehensive sanctions by the European Union;iii. accept the Agreement in its entirety;iv. will use the Platform and the Services in accordance with the Agreement and any applicable laws and regulations;You are solely responsible for the accuracy of the information You provide to us, for maintaining the security of your account, and for the confidentiality of your login information and password. Losing your password will require you to implement a password recovery procedure with a trusted third party because the Company does not store the private key to your Wallet. You are responsible for the content of your account and for actions taken through your account.The user account may only be created and used by a natural person of legal age. Legal entities, or a group of persons, are prohibited from creating a User account. You may only create one User account. The account is intended for personal, non-commercial use, and it is prohibited to manage the user account(s) of other Users even after having obtained their express consent.
You assign to Us exclusively the rights of exploitation, reproduction, representation, distribution and adaptation attached to the content that you may create in the context of using the Services, as well as the right to create derivative works from this content, free of charge and worldwide for the legal duration of protection of these rights. You also acknowledge that the methods by which the Company exploits this content justify deviating from the respect of your moral right attached to said content.
The Company is subject to obligations relating to the fight against money laundering and the financing of terrorism. It is required to identify users. Opening an account or carrying out certain transactions may be subject to the implementation of a prior control procedure. As such, the User undertakes to respond at any time to any request for information from the Company acting to comply with its obligations in this respect.
You are informed that the Company's obligations relating to the fight against money laundering and the financing of terrorism may evolve over time and that access to Your account is conditioned at all times on compliance with these obligations, including after the creation of Your Account. You therefore agree to respond at any time to any verification request from the Company. Failure to respond to these verification requests, or if these checks should reveal violations of the regulations on Your part, you expose Yourself to suspension or even closure of Your account under the terms of Article 10 of these General Terms of Use.The Company is required to respond to requests from the companies organizing the races for which integrity and the absence of manipulation of the races is a major objective. As such, the User undertakes to respond to any request for information from the Company acting to comply with its obligations in this respect.
Access to the Platform is free of charge. For the duration of the Agreement, You are granted a limited, non-exclusive, non-transferable right to use the Services. In general, You assume responsibility for the physical and logical security of the individual devices that You use to access the Services. In order for the Company to provide You with the Services, You grant the Company the right to use, process and transmit the information You provide to it.
A unique wallet is associated with each User account allowing You to store funds usable only within the framework of the Services and the acquisition of NFTs (“Currency Wallet”). Transactions carried out on the Platform are recorded on the Starkex Blockchain managed by Starkware and use USDC. When You fund your Currency Wallet, you can either deposit USDC that you hold there or do so using the Wert payment solution which is integrated on the Platform with your credit card.
To benefit from the Services, You must hold a Wallet (“NFT Wallet”) allowing You to store Your NFTs usable within the framework of the Services. You can use Your NFT Wallet for the purchase and/or sale of NFTs within the Services. You can connect an NFT Wallet of your choice (for example your Metamask wallet) or an NFT Wallet created on the Starkware blockchain via the Platform.
We do not have access to the private keys of your Wallets and you are solely responsible for the management and security of Your Wallets. If you lose one of your private keys You risk no longer being able to access your currencies and/or your NFTs. Wallets can be hacked and You may be the target of phishing. The Company disclaims all liability in the event of loss of Your currencies and/or NFTs due to the loss of Your private keys or breaches, by a third party, of the security of Your wallets.NFTs are unique digital assets bearing the likeness of jockeys that the User can buy, sell and collect. The characteristics of the NFTs are available herehttps://guide.jockiz.com/cartes-numeriques-and-marche/cartes-nfts.
NFTs are issued by the Company and recorded on the “Ethereum” Blockchain managed by Starkware. The company guarantees the authenticity of the NFTs it generates. The Company owns or holds the rights to the elements reproduced on the NFTs.The Company issues NFTs which it markets for the first time through auctions. The auctions are called 'English', meaning they are open for a given period. Any recorded bid is deemed valid and cannot be withdrawn. The User whose bid is the highest at the end of the auction period becomes the owner and is obliged to pay the amount of their bid. The special conditions applicable to the Primary Market are available here: https://guide.jockiz.com/cartes-numeriques-and-marche/marketplace/marche-primaire-encheres
The Company provides its non-professional Users with a service enabling them to buy or sell NFTs to other Users. Consequently, the Company is not a party to the sales contract concluded between the Users and does not act as an agent or broker in the transaction. The User who sells the NFT is considered the sole seller and is solely responsible for the obligations incumbent upon them in this respect.
Listing for sale.The User can list one of their NFTs on the Secondary Market by setting the sale price themselves and the duration of the sale offer. When a buyer offers an amount equal to the sale price, the sale is definitively concluded. You may also receive price counteroffers lower than the sale price You have set, which you may accept. In the event that you accept a price counteroffer, the sale is considered concluded.Purchase.To purchase an NFT listed on the secondary market, the User can offer the price set by the seller or make a counteroffer.Given the digital nature of the Services, the digital nature of the NFTs and the irreversible operation of Blockchain technology, you expressly waive your right of withdrawal when purchasing an NFT on the Platform.All NFT prices indicated on the Platform are expressed in Euros and in USDC at the exchange rate in effect at the time of the transaction. Payment always takes place in USDC. As the Euro/USDC exchange rate fluctuates, the price of the NFT displayed in Euros on the Platform may vary over time.
Payment will be credited or debited in USDC to Your Currency Wallet. You will receive an email confirming your transaction. Note that certain transactions may be conditioned upon the completion of a verification procedure pursuant to anti-money laundering and counter-terrorist financing regulations to which We may be subject.The displayed price does not include transaction fees payable by the User for each transaction, such as transaction fees applied by the Ethereum blockchain (Gas Fees) or any other fee charged by a third-party service or by Us. The User will nevertheless be informed of the applicable fees when finalizing the order and thus of the total price of the transaction before confirming it.
Disputes.Any dispute related to a transaction carried out on the secondary market must be resolved between the buyer and the seller, the Company not being a party to said transaction. Notwithstanding the foregoing, the Company reserves the right to intervene in the event of fraud and to participate in any action undertaken by one of the parties to the sales contract.Buying and selling on a third-party platform.You can transfer and/or sell your NFTs through a third-party service. Any purchase or sale through third-party platforms is subject to the terms of these providers and the Company is not responsible for these transactions outside its platform.Ownership.When you purchase an NFT on the Primary or Secondary Market you become the owner. You can thus freely dispose of it by keeping it in your NFT Wallet, listing it for sale on the Secondary Market, transferring it to another digital wallet, etc.Taxation.Income from the sale of NFTs may constitute taxable income under tax legislation. Each User is solely responsible for complying with their tax obligations. Users who are tax residents in France can fulfill their tax obligations via the website of the French tax administration, www.impots.gouv.fr, and obtain information on potentially applicable tax regimes and on the procedures for declaring taxes on the page accessible via the following link: eco-collabo-fiscal-vente-biens.pdf (impots.gouv.fr)The Company grants You, on a non-exclusive basis, a worldwide license to use, display and transfer the elements reproduced on the NFTs generated by the Company of which You are the legitimate owner, and this for the period during which you are the owner of said NFTs.
You are prohibited from:
Each User must inform the Company without delay in the event of theft of their credentials or fraudulent use of their Account. Our team is at your disposal to answer any questions you may have regarding the performance of this Agreement. You can contact Us via your user account or at: support@jockiz.com.
The Company retains all property and intellectual property rights, both economic and moral, related to the Platform and its content.
You are not authorized, and You must not allow others, to:
Any use of the Platform or the Services under conditions not provided for in the Agreement or illegal constitutes a serious contractual breach and entitles the Company to temporarily suspend the Services and deactivate Your Account immediately, without prior notice and as of right.
The Company reserves the right to suspend Your account, and to prohibit You from accessing the Services, at the request of the companies organizing the races as soon as you are likely, in their opinion, to compromise the security or results of the races that they organize.The Company reserves the possibility of closing your account and terminating the Agreement in the event of a serious breach of these General Conditions or any event constituting a violation of the law or any other regulations or professional code on your part, in particular in the event of suspected fraud, money laundering or terrorist financing.Failure on your part to respond to the Company's requests relating to facts which may constitute a violation of the law or any other regulations or professional code (in particular to requests for proof of identity or the origin of the funds used on the Platform or details regarding potential interference with the integrity of the Races) will be considered as justifying the suspension and/or closure of the User account.Any attempt at illegal acts will constitute a fault that may result in the suspension and/or closure of the User account.The Company reserves the possibility of closing your account and terminating the Agreement if it suspects that your account is used for illegal purposes such as money laundering or terrorist financing. Failure on your part to respond to any verification request from the Company may justify such suspicions.NFTs are issued and sold without any investment objective. The Company is not responsible for any potential loss in value of the NFTs.
Transactions taking place on the Platform are carried out in USDC. USDC is a crypto-asset (digital asset) whose value may change over time. Digital assets are subject to a number of risks, including price volatility. Transactions in digital assets can result in significant losses. Digital asset markets and exchanges are not regulated like other forms of financial products and are subject to an ever-evolving regulatory environment. Digital assets generally do not have legal tender status and are not covered by deposit protection insurance. Past performance of a digital asset does not prejudge future performance and is also not a reliable indicator of future results or performance. The Company does not guarantee the value of the USDC that you deposit into Your Wallet and it is your responsibility to remain vigilant and informed.When you make a deposit, a payment or a withdrawal within the framework of the Services, your request will be processed by a third-party payment provider. It is your responsibility to read and accept the terms of use of this payment provider's services before any use of the payment services.You are informed that due to the nature of the blockchain technology used in the context of the Services, any transaction carried out on the Platform and relating to the NFTs is irreversible regardless of the type of market in question (Primary or Secondary market).You are the sole owner and responsible for the management of Your Wallets (Currency or NFT) and the Company disclaims any responsibility in the event of loss of your currencies or your NFTs. In the event of suspension or closure of Your account, for any reason whatsoever, you will retain access to your Wallets. We remind you that the Company does not store your private key and that it is your responsibility to keep it, otherwise you may no longer be able to access Your Wallets.To the extent permitted by applicable law, the Company is not liable for losses or damages, direct or indirect, that may result from the use of the Services or from the purchase, sale, transfer or exchange of NFTs.
In accordance with II of the Annex to Article D. 211-3 of the Consumer Code, the provisions applicable in terms of legal guarantees are fully reproduced in the box below.
You agree to indemnify and hold harmless the Company, its subsidiaries, officers, directors, employees and agents, from any claim, damage, obligation, loss, liability, cost or debt, and from any expense (including, but not limited to, attorney and bailiff fees), arising from:
i. your use of the Services and your access thereto; ii. your violation of any of the provisions of the Agreement; iii. your violation of the rights of a third party, including, but not limited to, any intellectual property right or their right to privacy; iv. any claim that Your content has caused damage to a third party.The Company reserves the right to modify or temporarily or permanently suspend all or part of the Services for legitimate reasons such as improving the Services, legal obligations, technical constraints in particular relating to the security of the Platform and its data.Neither party shall be held liable for the non-performance of an obligation arising from this Agreement if such failure is due to an event of force majeure as defined in Article 1218 of the Civil Code.
In such a case, the party invoking force majeure shall notify the other party, as soon as possible, of the occurrence of such an event. If the impediment is temporary, performance of the obligation will be suspended until the party invoking force majeure is no longer prevented by the force majeure event.The party invoking force majeure must keep the other party informed and undertakes to do its best to limit the duration of the suspension. If the force majeure event lasts more than thirty (30) days, each party may terminate the Agreement by registered letter. If the impediment is definitive, the agreement is terminated by operation of law and the parties are released from their obligations under the conditions provided for in Articles 1351 and 1351-1 of the Civil Code.You may terminate the Agreement at any time by requesting the deletion of Your User account and by ceasing to use the Services and by ceasing to access the Platform.
Before deleting your Account We invite You to transfer the currencies contained in Your wallet to a third-party wallet. Similarly, it is Your responsibility to transfer your NFTs to a third-party wallet. Failing that, the deletion of Your account will result in the irreversible deletion of any currency or NFT contained in your Wallets. The Company will not be responsible for the definitive loss of currencies or NFTs that have not been backed up before a deletion request.The Company may terminate your User account at any time if you do not comply with the provisions of the Agreement. We will not be liable to you or to any other person for the consequences of such termination.In the event of termination of the Agreement by the Company, you will be informed of the possibility of withdrawing the currencies and NFTs contained in your Wallets within thirty (30) days from your notification unless termination has been decided due to a violation of the Agreement or, in particular, in the event of fraudulent or illegal activity. If you do not withdraw the currencies or NFTs contained in your wallets within this thirty (30) day period, these currencies and/or NFTs will not be returned to you. The possibility of terminating the Agreement exists without prejudice to any other legal action available to Us against You.In the event that we have to suspend or close Your account you will be informed and you may contact the Company to provide any information that would allow the Company to reverse this measure.The law applicable to this Agreement is French law. The competent court to hear any disputes between the parties relating to the validity, interpretation and performance of this contract falls within the jurisdiction of the Paris Court of Appeal, notwithstanding multiple defendants or third-party claims, even for protective measures, summary proceedings or ex parte applications.
In the event of a dispute you can resort to the mediation offered by CNPMEDIATION accessible at the address https://www.cnpm-mediation-consommation.eu/Users established in a member state of the European Union may also contact the European Commission's online dispute resolution service at the following address: https://ec.europa.eu/consumers/odr.No partnership, joint venture or agency relationship exists between the Company and You.
If any term of this Agreement is found to be invalid or unenforceable, the other provisions shall remain in force and that term shall be replaced by a term consistent with the purpose and intent of this Agreement.
You agree to provide the Company with all necessary information and to keep it up to date. In the event that changes in the legislation applicable to Our activity entail new control obligations on Our part, you undertake to provide us, at our request, with the information necessary to comply with Our obligation.
We have the right to modify the Services and to interrupt them in order to modify them, in particular to make technical improvements and new features or due to security, technical, legal, or marketing imperatives. We will inform you in advance of this modification or suspension of the Services where applicable. We will strive to limit the inconvenience associated with this modification and/or suspension and you remain free to terminate the Agreement in the event that this modification or suspension should affect you.
The Company may verify Your use of the Services (for example, through the use of software tools) in order to determine whether Your use of the Services complies with the terms of this Agreement.The Platform may contain content from third parties or hyperlinks to sites or content generated by third parties. The Platform may also contain services provided by third parties such as payment services or technical providers in charge of managing the blockchain. We are not responsible to You for your use of this content or these services. These services are governed by contractual provisions specific to these third parties and under their sole responsibility.
Find information by following these links:i. Wert / service provider for the purchase or sale of digital assets against legal currencies: https://wert.io/ii. StarkWare / provider in charge of managing the Blockchain Mainnet Ethereum: https://starkware.co/The provisions of Articles 11, 13 and 14 survive the end of the contractual term, termination or rescission of the Agreement, whatever the cause and/or basis.
The Services are subject and compliant to French law. You may not access the Services from countries where they could be considered a prohibited activity, regulated, or subject to particular local authorization.
You agree that the Agreement, as well as any information that forms an integral part thereof by written reference, constitute the entirety of our agreements relating to the Services, prevailing over any prior or contemporaneous agreement or statement, written or oral, relating to said Services.
It is expressly agreed that the terms of this Agreement shall prevail over the terms of any document not emanating from the Company, none of the terms appearing in a document not emanating from the Company being applicable to the Services.