Terms of Use
Terms of Use e-pick version 1.0 last amended on June 24, 2025
1. Definitions
1.1. In these Terms of Use, the following terms, always capitalised and used in both singular and plural, shall have the following meanings:
1.1.1. Account: means the profile registered or to be registered by the User, so that he/she can access and use the Services. 1.1.2. Agreement: means the agreement between Parties for the use of the Service, to which these Terms of Use apply. 1.1.3. Cancellation/Cancel: any Termination which under the applicable law leads, to the extent permitted, desired and communicated, to the end of the obligations of the Parties beyond the date of such Termination, without prejudice to the obligations accrued prior to the date of such Termination. 1.1.4. Card Packs: means the digital or physical packs of collectible cards that Users can purchase and open through the e-pick Service. 1.1.5. Card Sales: means the process by which Users may sell cards obtained through the e-pick Service back to Murasaki at a price pre-set by Murasaki. 1.1.6. Damages: means any and all damages, loss, expense or detriment, suffered by any Party, howsoever arising or based, whether direct, indirect, consequential, special, general, material, immaterial, punitive or other in nature, to the extent in any way related to the subject matter of the Agreement. 1.1.7. Default: means the position referred to in Article 6:81 of the Dutch Civil Code as "verzuim". 1.1.8. Delivery: means the shipment of physical cards by Murasaki to the User upon request. 1.1.9. Direct Damages: means only i) material damage to property, ii) reasonable costs incurred to prevent or limit direct damage, which could be expected as a result of the event on which the liability is based and iii) reasonable costs incurred in determining the cause of such damages. 1.1.10. Force Majeure: means the shortcoming referred to in Article 6:75 of the Dutch Civil Code. 1.1.11. GDPR: means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation). 1.1.12. Indirect Damages: means any and all Damages which are not Direct Damages, including but not limited to consequential damage, loss of profit, missed savings, reduced goodwill, damage due to business stagnation, damage due to materials or software of third parties and damage due to mutilation, destruction or loss of data and/or documents. 1.1.13. Intellectual Property Rights: means any and all intellectual property rights and related rights, including but not limited to copyrights, database rights, domain names, trade name rights, trademark rights, design rights, neighbouring rights, patent rights, (rights to) trade secrets and know-how. 1.1.14. Murasaki: means the limited liability company established under the laws of the Netherlands, Murasaki B.V., registered with the Dutch Chamber of Commerce under registration number 83439196. 1.1.15. Notice of Default: means the letter of formal notice, in which the creditor grants the debtor a reasonable period of time during which he still may perform in conformity with his obligation, and he nevertheless fails to accomplish the indebted performance within that period as meant in Article 6:82 (1) of the Dutch Civil Code. 1.1.16. Parties: means Murasaki and the User. 1.1.17. Party: means Murasaki or the User. 1.1.18. Personal Data: means any personal data as meant in Section 4 (1) of the GDPR. 1.1.19. Privacy Policy: means Murasaki’s Privacy Policy, as available on https://e-pick.gitbook.io/e-pick/legal/privacy-policy. 1.1.20. Rescission/Rescind: means any Termination which under the applicable law creates the obligation for the Parties to undo, to the extent permitted, desired and communicated, any performance rendered prior to the date of such Termination. 1.1.21. Service: means the provision (Software-as-a-Service) of the browser-based e-pick platform by Murasaki to the User under the Agreement, including the ability to browse and purchase Card Packs.. Users may also request Delivery of individual cards they have obtained through purchases. 1.1.22. Termination/Terminate: means any manner through which an agreement is brought to an end and/or expires, including Rescission and Cancellation. 1.1.23. Terms of Use: means these terms of use of Murasaki. 1.1.24. User: means the person that concluded the Agreement with Murasaki for the use of the Service. 1.1.25. User Generated Content: means any and all content provided by Users, as posted in the Service. 1.1.26. Website: means the web pages accessible via [https://e-pick.xyz], and all underlying web pages.
2. Applicability
2.1. These Terms of Use apply to the Agreement and to the Service. Any conditions of User, such as general conditions, do not apply and are expressly rejected.
2.2. These Terms of Use have been prepared in English and may have been translated into other languages. In case of a dispute, the English version shall have precedence and must be interpreted in accordance with the laws of the Netherlands.
3. Identity and contact details of Murasaki
3.1. For questions, complaints or other matters, the User can contact Murasaki’s customer service. Murasaki can be reached via the following details:
Murasaki B.V. Wilhelmina van Pruisenweg 35 2595AN 's-Gravenhage The Netherlands Email: info@e-pick.xyz
4. Conclusion of the Agreement
4.1. The Agreement is concluded by creating an Account, by using the Website or Service in any way and/or by agreeing to these Terms of Use.
5. The User
5.1. The User represents and warrants to be legally competent and is allowed to conclude the Agreement.
5.2. The User represents and warrants that access to and use of the Service is lawful in the jurisdiction where he/she resides or accesses the Service, and is solely responsible for compliance with all applicable local laws and regulations. Murasaki makes no representation that the Service is appropriate or available for use in any specific location.
5.3. The User is responsible for compliance with the Terms of Use.
6. Account
6.1. In order to use the Service, the User must register an Account. To register an Account, the User must use a valid contact email address and the correct personal information. The User declares and warrants that the information provided is correct and complete and that it is kept current, correct and complete during the use of the Service. In case that the User provided incorrect and/or incomplete data, Murasaki reserves the right to refuse or delete the User from the Service.
6.2. The User's Account is strictly personal. The User may not forward (the access keys of) the Account or have it used by someone else, unless Murasaki has given explicit permission to do so.
6.3. The User is responsible for the security of the Account, including but not limited to keeping (the combination of) access keys secret.
6.4. The User is fully responsible and liable for all actions performed through his/her Account.
6.5. The User must immediately contact Murasaki if he/she suspects and/or detects unauthorized use of his/her Account. In such a case, Murasaki may close the Account (temporarily or permanently) or take other measures.
6.6. Murasaki reserves the right to close or suspend access to the User's Account at any time if the User fails to comply with the Agreement.
6.7. If the User provides a cryptocurrency wallet address for receiving payouts or refunds, the User is solely responsible for ensuring that the address is accurate, compatible, and under his/her control. Murasaki is not responsible and/or liable for any loss resulting from inaccurate, incompatible and/or uncontrolled wallet addresses.
7. Service
7.1. Murasaki grants the User the right to use the Service subject to the provisions of the Agreement and the Terms of Use.
7.2. As part of the Service, a Card Pack purchased by the User will be opened automatically and immediately, and its contents are revealed. The User accepts and acknowledges this.
7.3. The Service is solely meant for personal use. The User warrants to use the Service solely for his/her personal purposes. Commercial use or (re)sale of the Services is prohibited without the prior written consent of Murasaki.
7.4. The User shall only use the Service in person.
7.5. The User warrants not to misuse the Service. This means, among other things, that the User does not:
(a) commit or encourage a criminal offense;
(b) transmit or distribute any virus, trojan, worm, logic bomb or other material that is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene;
(c) use bots, scripts and/or other (automated) software to take advantage in or with the Service;
(d) hack any aspect of the Website or Service, damage data, or cause annoyance to other users;
(e) infringe upon any Intellectual Property Rights;
(f) send unsolicited advertising or promotional material;
(g) attempt to affect the performance or functionality of any computer facility of or accessible through the Service;
(h) make any false, inaccurate, misleading or deceptive statements;
(i) engage in fraudulent conduct or misuse or attempt to misuse the Service;
(j) publish and/or distribute content that violates any applicable law;
(k) violate any privacy rights;
(l) violate any applicable laws or regulations;
(m) engage in defamatory or libelous conduct towards any other person;
(n) threaten or harass any other person;
(o) publish or participate in obscene material;
(p) publish, use or cause to be published or used any malicious code, script or data that may damage, disrupt or alter the Service;
(q) engage in conduct deemed contrary to the spirit of the Service; and/or
(r) act unlawfully in any way whatsoever.
7.6. The User acknowledges and accepts that Murasaki, by means of the Service, merely endeavours to make available the platform and services, which the User and other users can use, subject to the provisions of the Agreement and the Terms of Use.
7.7. The User agrees that the Service is provided on an “as is” basis. Murasaki does not warrant that the Service will be error-free, complete or up-to-date at all times. Murasaki does not warrant that the Service or any part thereof will be accessible at all times and without any interruptions or failures.
7.8. In order to be able to use the Service, the User needs to be connected to the Internet.
7.9. The User is responsible for meeting the technical and functional requirements and for using the electronic means of communication necessary to access and use (parts of) the Service. The risk of loss, theft or damage to any information rests at all times with the User.
7.10. Murasaki always has the right to make changes to and/or upgrades to the Service.
8. User Generated Content
8.1. The User may post User Generated Content through the Service.
8.2. The User may not reproduce, disclose, sell, resell, use for commercial purposes or otherwise make available to third parties any content of Murasaki and/or User Generated Content of other users.
8.3. By posting User Generated Content, the User grants Murasaki a free, worldwide, irrevocable, sub-licensable and transferable right to disclose and reproduce such User Generated Content to the extent reasonably necessary or desirable in connection with providing the Service.
8.4. The User acknowledges and accepts that User Generated Content in the public area of his/her Account will be made available to other users.
8.5. The User is not permitted to post User Generated Content that:
(a) contains advertising messages;
(b) is based on falsehoods and/or is misleading;
(c) consists of assuming a false identity and/or falsely suggesting that the User is involved with Murasaki;
(d) is erotic or pornographic;
(e) violates any applicable laws and/or regulations, the Agreement and/or the Terms of Use;
(f) infringes the rights of Murasaki and/or third parties, including but not limited to Intellectual Property rights or privacy rights;
(g) is otherwise unlawful in any way; and/or
(h) may damage the interests and/or reputation of Murasaki.
8.6. The User acknowledges and accepts that Murasaki merely provides the Service. Murasaki has no knowledge of and/or involvement in User Generated Content made available by users through the Service. If a person reports unlawful User Generated Content to Murasaki, and makes this plausible, Murasaki will restrict, remove or otherwise make inaccessible the actions or information in question according to the notice-and-takedown principle known in the industry. The User acknowledges and accepts that Murasaki is not liable for restricting, removing or otherwise making inaccessible the relevant acts or information.
8.7. Murasaki reserves the right to shorten, modify, or remove User Generated Content from the Service, if in Murasaki's judgment this is necessary, without in any way giving rise to any right of the User to compensation and/or refund, and/or liability of Murasaki.
8.8. Murasaki expressly has no involvement in the contact made between Users and/or between User and third parties as a result of the Service nor in any agreements and/or contracts, resulting from this contact. Murasaki is not a party to any agreement between Users and/or User and third parties, unless otherwise agreed.
9. Pricing, fees, sales and payment terms
9.1. The purchase of Card Packs and use of certain features may require a payment by the User. All prices will be made available via the Website.
9.2 All pricing and payment terms for Card Packs and any associated services are as indicated at the point of sale or otherwise on the Service. Any payment obligations incurred are binding at the time of purchase.
9.3. Payment shall be made via the available payment provider(s). Their terms apply.
9.4. All payments must be made in euros, unless stated otherwise.
9.5. Murasaki is entitled to change prices and will inform the User in advance of any changes.
9.6 The User may not substitute any other currency for the currency selected and confirmed at the time of payment. No fluctuation in the value of any currency, whether cryptocurrency or fiat, shall impact or excuse the User’s obligations with respect to any purchase or sale.
9.7 Murasaki cannot and does not guarantee that any specific Card Pack will be available for purchase at the time the User attempts to make a purchase.
9.8 The User is responsible for ensuring that their selected payment method or cryptocurrency wallet has sufficient funds to cover the full cost of the purchase, including any third-party transaction fees, network fees, and applicable taxes.
9.9. If payment is made using cryptocurrency, the User acknowledges and accepts that additional blockchain network fees (commonly referred to as “Gas Fees”) may apply. These fees are assessed by the underlying blockchain and not by Murasaki. Murasaki has no control over Gas Fees and receives no portion of them.
9.10. Murasaki may add, remove, or change supported cryptocurrencies or payment providers at its sole discretion. Any such service may be subject to additional terms and conditions.
9.11. Payments made through the Service are irreversible once confirmed by the underlying payment network. Murasaki has no ability to reverse or recover payments once broadcast to a blockchain or processed through a third-party provider.
9.12. Murasaki has no liability for failed or delayed payments due to network congestion, user error, wallet incompatibility, or any other factor outside of Murasaki’s control.
9.13. The User is solely responsible for determining and paying (or reimbursing for the payment of) any and all sales, use, value-added and other taxes, duties, and assessments (excluding taxes on Murasaki’s net income) now or hereafter claimed or imposed by any tax or other governmental authority associated with their use of the Service or receipt of proceeds from Card Sales.
9.14. The User shall not be entitled to deduct the amount of any taxes or similar charges from any payments made to Murasaki or received from Murasaki.
9.15. If the User does not meet his/her payment obligation(s) on time, the User shall be in Default by operation of law. The User shall in such instance owe the statutory interest on the amount due and Murasaki is entitled to charge all costs incurred and to be incurred as a result, including expressly all extrajudicial (collection) costs and all judicial costs actually incurred, including but not limited to attorney fees. The extrajudicial (collection) costs will be calculated in accordance with the Dutch “Staffel buitengerechtelijke incassokosten” (BIK, extrajudicial collection costs).
10. Card Sales and Delivery
10.1. The User may sell back certain cards acquired via Card Packs to Murasaki. Such Card Sales shall be conducted at a price pre-set and determined solely by Murasaki. All proceeds received by the User from selling cards back to Murasaki will be settled in cryptocurrency as determined by Murasaki. The User is responsible for providing an accurate and supported wallet address to receive such payments. Murasaki is not liable for any loss due to incorrect wallet information provided by the User.
10.2. Murasaki does not guarantee that all cards are eligible for Card Sales. The User accepts and acknowledges this.
10.3. The User may, for eligible cards, request physical Delivery. Additional shipping fees and delivery timeframes will be shown before the User confirms shipment.
10.4. Murasaki is not liable for loss or damage of cards after shipment is handed over to the courier, unless caused by Murasaki’s intent or gross negligence.
10.5. Users are responsible for providing accurate shipping information. Murasaki is not liable for failed delivery due to incorrect information provided by the User.
10.6. Delivery may not be available in all regions. The User accepts and acknowledges this.
11. Availability and maintenance
11.1. Murasaki does not warrant that the Service will be accessible at all times. Interruptions may occur due to internet issues, software failures, payment processor outages, or maintenance activities.
11.2. Murasaki may temporarily shut down the Service for maintenance, updates, or changes without liability. In such cases, reasonable efforts will be made to notify Users in advance and to minimize service downtime.
12. Intellectual Property Rights
12.1. All rights not expressly granted to the User are reserved by Murasaki and/or its licensors.
12.2. The User acknowledges that all Intellectual Property Rights related to the Service, including but not limited to the website design, content, underlying software, visual assets, and card designs, remains the sole property of Murasaki or its licensors.
12.3. The User may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any part of the Service or content therein, except as expressly permitted in writing by Murasaki.
12.4. Use of any third-party software or open-source components provided through the Service is subject to applicable third-party licensing terms. The User agrees to comply with such terms.
13. Privacy
13.1. During the use of the Service, the User may provide Personal Data to Murasaki and/or Murasaki may collect such Personal Data. If so, such Personal Data will be stored and processed in accordance with Murasaki’s Privacy Policy and applicable data protection laws, including the General Data Protection Regulation (GDPR).
13.2. Murasaki will take appropriate technical and organizational measures to safeguard Personal Data against loss or unlawful processing.
13.3. The User is encouraged to review Murasaki’s Privacy Policy, available at https://e-pick.gitbook.io/e-pick/legal/privacy-policy, to understand how their data is collected, used, and protected.
14. Liability
14.1. Murasaki shall not be responsible or liable to the User for any loss and assumes no responsibility for any use of the Service, including but not limited to any loss, Damage or claim arising out of:
(a) user errors, such as forgotten passwords or misconfigured wallet settings,
(b) third-party service failures, including but not limited to payment processors, shipping carriers, or wallet providers, and
(c) server failure, system bugs, or data loss.
14.2. Murasaki’s liability for Damages due to attributable failing in the performance of these Terms of Use and/or the Agreement, or any unlawful act or otherwise, is excluded, insofar permitted by mandatory law.
14.3. If Murasaki is liable to the User for Damages under mandatory law, Murasaki’s liability is limited to compensation for Direct Damages. Under no circumstances will Murasaki’s total liability for Direct Damages, on whatever legal basis, exceed EUR 1,000 (one thousand euros).
14.4. Murasaki’s liability for Indirect Damages is in any case excluded.
14.5. The exclusions and limitations referred to in the previous paragraphs do not apply if and insofar as the Damage is the result of intent or deliberate recklessness on the part of Murasaki or its management.
14.6. Unless performance of the Agreement by Murasaki is permanently impossible, Murasaki is only liable for attributable failures if the User sends Murasaki a Notice of Default without delay, whereby a reasonable period is set for remedying the shortcoming, and Murasaki also after that period has failed to fulfill its obligations.
14.7. A condition for the exercise of any right of the User with regard to compensation for Damages is always that the User reports the Damage to Murasaki in writing as soon as possible, but at the latest within 30 (thirty) days after the Damage has arisen.
14.8. Any claim for compensation against Murasaki lapses by the mere lapse of 12 (twelve) months after the claim arose, unless the User has instituted a legal claim for compensation before the expiry of that period.
14.9. The User agrees to defend, indemnify, and hold Murasaki harmless from any and all third-party claims or damages (including reasonable attorneys’ fees) in connection with or resulting from the User’s use of the Service, violation of the Agreement, these Terms of Use, or breach of any applicable law.
14.10. Murasaki shall not be liable for any losses or damages arising from cryptocurrency price volatility, market fluctuations, or the devaluation of any crypto assets used in or received from the Service.
14.11. Murasaki is not responsible for any loss resulting from the provision of an incorrect or unsupported wallet address by the User.
14.12. Murasaki is not liable for failed or delayed cryptocurrency transactions due to blockchain congestion, wallet incompatibility, network issues, or any other factor outside Murasaki’s control.
15. Force Majeure
15.1. A Party cannot be held to fulfill any obligation if there is a case of Force Majeure.
15.2. Force Majeure exists if a Party is hindered in the performance of its obligation(s) as a result of a circumstance that is not due to its fault, and also not by virtue of law, a legal act or generally accepted practice.
15.3. Force Majeure on the side of Murasaki includes, without limitation: illness or absence of key personnel, power outages, strikes, riots, fire, natural disasters, floods, government measures, epidemic or pandemic restrictions, failures of suppliers or third parties, internet or telecommunications failures, service provider outages (including payment or crypto wallet services), or other external causes beyond Murasaki’s control.
15.4. The Party affected by Force Majeure is obliged to make reasonable efforts to limit the duration and consequences of the Force Majeure event.
15.5. If a Force Majeure situation lasts longer than 30 (thirty) calendar days, or as soon as it is clear that the situation will last longer than 3 (three) calendar months, either Party may rescind the Agreement in writing to the extent that the Force Majeure situation affects performance. Any work already carried out under the Agreement will be settled proportionately, and no additional compensation shall be due.
16. Term and Termination
16.1. The Agreement remains in effect until terminated by either Party in accordance with these Terms.
16.2. Either Party may terminate the Agreement at any time by providing written notice, or by following the cancellation procedure provided through the Service.
16.3. In addition to other remedies available to Murasaki, Murasaki may, at its sole discretion and without prior notice or liability, suspend or terminate the User’s access to the Service if:
(a) the User breaches the Agreement, these Terms of Use or any applicable law;
(b) there is suspected fraud, misuse, or unauthorized use of the Service;
(c) required by law, regulatory requirement, or court order;
(d) Murasaki discontinues the Service or materially alters its business model.
16.4. Upon termination, the User’s access to the Service will cease immediately. The User shall have no right to compensation, refund, or reimbursement except as otherwise required by law.
16.5. Termination of the Agreement shall not affect any obligations that are intended to survive termination, including but not limited to clauses regarding Intellectual Property Rights, Murasaki’s exclusions and limitations of of liability, the payment obligations of the User and this clause.
17. Applicable law and dispute resolution
17.1. These Terms of Use, the Agreement, the Service, and all related legal acts and disputes shall be governed exclusively by the laws of the Netherlands, unless mandatory law provides otherwise.
17.2. The applicability of the United Nations Convention on Contracts for the International Sale of Goods (Vienna Sales Convention 1980) is excluded.
17.3. The Parties will first attempt to resolve any disputes arising from or related to the Agreement or the Service through mutual consultation and good faith negotiations.
17.4. If the dispute is not resolved within 60 (sixty) calendar days, either Party may submit the dispute to the competent court in The Hague, the Netherlands, unless mandatory law provides otherwise.
17.5. If the User is a consumer, they may be entitled to submit the dispute to the competent court in their country of residence in accordance with EU consumer protection regulations.
17.6. Nothing in this section shall prevent either Party from seeking injunctive relief or other interim measures from the court of The Hague, the Netherlands, unless another court is competent on the basis of mandatory law.
18. Miscellaneous
18.1. If any provision of these Terms of Use is found to be invalid, unenforceable, or void by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. The Parties shall replace the invalid provision with a valid one that best achieves the original intent.
18.2. Murasaki reserves the right to amend or update these Terms of Use at any time. Changes will be communicated via the Service or email. Continued use of the Service after the effective date of any changes constitutes the User’s acceptance of the amended Terms. If the User does not agree with the amended Terms, they must stop using the Service.
18.3. All communications, notices, and disclosures from Murasaki under these Terms may be delivered electronically, including via email or notifications within the Service.
18.4. The User acknowledges that the use of cryptocurrency and blockchain-related services entails inherent risks, including volatility, technical failure, loss of funds, and regulatory uncertainty. By using such features, the User accepts and assumes all such risks.
Last updated