Terms of Service

Last modified: April 12, 2023 

These Terms of Service (these “Terms” or this “Agreement”) govern your access to and use of the ChainSafe Gaming Dashboard website (the “Site”), the Gaming SDK (the “SDK”), and any other software, technologies or functionality in connection with the Site and SDK that provide access to and interactions with blockchains or other Gaming Dashboards (collectively with the Site and SDK, the “Services”, located at https://dashboard.gaming.chainsafe.io), made available by ChainSafe Systems Inc. (“we”, “us”, and “ChainSafe”, together with “you” and similar meaning terms, the “Parties”, each a “Party”).

By accessing, logging into or using the Services, you acknowledge that you have read and understand these Terms. You agree to be bound by these Terms and all terms, policies and guidelines incorporated by reference herein. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT USE OR ACCESS THE SERVICES.

1. Changes to These Terms of Services and Policies

ChainSafe reserves the right, in our sole discretion, to change, modify, replace, add or suspend portions of these Terms, our privacy policy and any other relevant policies at any time by posting amended terms on the Services or contacting you at the wallet address provided when registering for a User Account (as defined below). If you continue to access the Services after the amended terms are posted, you will be deemed to have accepted such terms through your continued use of the Services. If at any point you do not agree with our Terms or any other policy we may have at such time, your license to use the Services shall immediately terminate and you must stop using the Services. It is your sole responsibility to review the Terms from time to time to view such changes and to ensure that you understand the terms and conditions that apply when you access or use the Services.

2. The Services

1. 2.1 The Services. The ChainSafe Gaming Dashboard consists of an SDK and web interface that provide a visual interface for users to interact directly with blockchains. ChainSafe does not have custody or control over the smart contracts, Non-Fungible Tokens (“NFTs”) or blockchains that you may interact with. To access and use the Services, you may be required to use Third-Party Services (as defined below), such as digital wallets that enable your ability to interact with different blockchains, gaming development tools, or game publishing tools.
   
   ChainSafe does not act as an intermediary amongst users who access the Services. It is your responsibility to determine whether any NFT or digital asset created or available on the Services is legitimate, authentic, original, unique or marketable. ChainSafe has no responsibility and does not investigate or verify whether any content visible through the Services: (i) comes from a legitimate source; (ii) is authentic, legal, or legitimate; (iii) is marketed by a properly identified person or entity.

3. Eligibility

1. 3.1 Eligibility. You may use a third-party digital wallet and blockchain address (collectively your “User Account”) to access the Services if you are an individual at or above the age of majority in your country of residence and can form a legally binding agreement under applicable law. You shall not access the Services if you previously had a User Account that was blacklisted, deactivated, or suspended. ChainSafe reserves the right from time to time to change the eligibility requirements for the Services.You must be at least thirteen (13) years of age to access or use the Services. If you are below the age of majority in your country of residence, your parent or legal guardian must register for a User Account on your behalf and consent to your access to and use of the Services. Your parent or legal guardian is responsible for any actions performed through your User Account.

4. Privacy Policy

1. 4.1 Privacy Policy. “Personal Information” means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular individual or household. By accessing the Services and submitting your Personal Information, you expressly consent to the collection, use, transmission, and disclosure of your Personal Information in accordance with our Gaming Dashboard privacy policy (“Privacy Policy”).

5. Account

1. 5.1 User Account. You will be required to have a User Account to access and use the Services. When providing accompanying information for your User Account, you agree to provide accurate, full and complete information as prompted. You shall not include the name or contact information of another person with the intent to impersonate that person. Your User Account allows you to access and use the Services. You acknowledge and agree that your User Account (blockchain address and digital wallet) is used under the terms and conditions of the third-party provider of the blockchain address and/or digital wallet. Any blockchain address or digital wallet you use to access or use the Services are not controlled, operated, maintained, or associated with ChainSafe, and ChainSafe has no control or custody over the contents of your blockchain address or digital wallet. If you lose access to your digital wallet or its contents, ChainSafe cannot and has no ability to recover, retrieve or gain access to the digital wallet’s contents. ChainSafe will not be liable for the Services' ability or inability to interact with any particular digital wallet.
2. 5.2 Protection of Login Information. Your User Account’s private blockchain address, credentials and seed phrase / password are personal to you. CHAINSAFE WILL NEVER ASK YOU FOR YOUR USER ACCOUNT’S SEED PHRASE. It is your responsibility to maintain your seed phrase's confidentiality and not to share, transfer or sell access to your User Account. ChainSafe will not be liable for any harm, losses or damages related to: (i) your disclosure of your private blockchain address, seed phrase or password; (ii) your use of any digital wallet with the Services; or (iii) the Services' use by anyone else through your User Account. We may require you to change your blockchain address or the associated digital wallet, in our sole discretion, if we believe your User Account is no longer secure or if we have received a complaint. You are solely responsible for all actions, omissions and conduct performed through your User Account and should contact your digital wallet provider if you believe it has been compromised. You agree to contact ChainSafe if you discover or suspect there are any security issues associated with your digital wallet.

6. Fees and Transactions

1. 6.1 Fees. There may be fees payable for the provision of the Services (“Fees”), which may be based on transactions, access to, or usage of the Services. Any Fees payable shall be described to you in advance by ChainSafe. Fees to access and use the Services may change from time to time and shall be determined by ChainSafe in its sole discretion. Unless otherwise specified, Fee payment obligations are non-cancelable and non-refundable.
2. 6.2 Blockchain Fees. Transactions on blockchains, including listing or delisting NFTs from the Service, require verification and processing by third parties that charge a fee for their services (“Gas Fees”). Gas Fees are volatile and differ based on a variety of factors including the blockchain selected and the network’s activity levels at the time of the proposed transaction on that blockchain. Every time you perform a transaction on the Services you will need to pay Gas Fees. These Gas Fees are not paid to ChainSafe. You are solely responsible for the payment of any Gas Fees for transactions that occur on the Services. 
3. 6.3 Transactions on the Services. Any payments or transactions that you engage in on the Services will be facilitated by blockchains that are not controlled by ChainSafe. ChainSafe does not have any involvement in transactions that occur via the Services and does not have the ability to reverse or alter any payments or transactions that occur. You agree that ChainSafe has no liability to you or any third-party for any claims or damages that may result from any transactions you engage in on the Services or any blockchain. ChainSafe is unable to provide refunds for the purchases of any NFT or digital assets that occur on the Services.
4. 6.4 Payment Processing. ChainSafe may rely on Third-Party Services providers to facilitate the payment of Fees for the Services. You authorize ChainSafe to use any relevant information provided when registering for a User Account to facilitate any payment of Fees.
5. 6.5 Taxes. You are solely responsible for all applicable federal, state, provincial, municipal, sales, goods and services, harmonized sales, value-added, use, excise, other similar taxes, duties, assessment levies and charges not otherwise included in the Fees now or hereafter claimed or imposed by applicable tax authorities relevant to the provision of Services or to your activities conducted on it. Those amounts are in addition to the Fees charged to access and use the Services. You shall reimburse or pay to ChainSafe such amounts that ChainSafe is registered or required to charge and collect under any applicable local, state, provincial, national or sovereign authority, or as imposed by any relevant tax treaty.

7. User Content

• 7.1 User Content. When you submit, upload, post, share or otherwise transfer content, text, materials, files, communications, ideas, information, images, or data (collectively “User Content”) on or via the Services, you grant to us, our affiliates and service providers, and each of their and our respective licensees, successors, and assigns a worldwide, royalty-free, sub-licensable and non-exclusive license to use, reproduce, modify, perform, display and transfer any such User Content for the purposes of operating and providing the Services. To clarify, this license to your User Content allows us to transfer, display and store your User Content through any medium or technology throughout the world and without compensation to you solely for the purpose of running the Services. We may post or display User Content through different parts of the Services.
• 7.2 Ownership of User Content. User Content is the property of the user that submits it. By submitting, transferring, or uploading User Content to the Services, you represent and warrant that you own or have obtained the necessary rights, licenses, consents, permissions, powers or authority necessary to submit the User Content to the Services and grant the User Content license found in Section ‎7.1 to ChainSafe and our affiliates and Third-Party Services providers, and each of their and our respective licensees, successors, and assigns. You represent and warrant that all User Content submitted, transferred or uploaded to the Services does not contain materials subject to copyright, trademark, third-party publicity rights, or third-party intellectual property rights, unless you have the requisite permissions or are otherwise in compliance with applicable laws by providing the User Content to the Services and granting to us the license granted in Section 7.1.
• 7.3 Responsibility for User Content. You understand and agree that you, and not ChainSafe nor ChainSafe’s subsidiaries, affiliates, directors, officers, employees, agents, service providers, contractors, licensors, suppliers or successors, are responsible for any User Content or information you submit or contribute and that you are entirely liable, including to any third-party for such User Content, including its compliance with applicable laws, rules, regulations, and this Agreement. ChainSafe is not responsible or legally liable to any third-party for the content or accuracy of any User Content submitted by you or any other User Account on the Services. ChainSafe is not responsible for any User Content that you may access or obtain through the Services.
• 7.4 User Content Terms. Some NFTs that may be purchased directly from a seller may contain additional terms in the User Content or on a linked Third-Party Services. ChainSafe is not a party to any such additional terms imposed by the seller. You are solely responsible for reviewing and agreeing to such terms (if applicable).

8. Intellectual Property Ownership and Licensing

• 8.1 Intellectual Property Ownership. You acknowledge and agree that the Services and its entire contents, features, and functionality, including, but not limited to, all information, software, code, text, displays, logo, buttons, icons graphics, photographs, video, audio, design, presentation, selection, and arrangement, are owned by ChainSafe, our licensors, or other providers of such material and are protected in all forms by intellectual property rights including, without limitation: copyright, trademark, service mark, patent, trade secret, and any other proprietary rights. Except for the rights and licenses granted in this Agreement, ChainSafe and its licensors shall retain and reserve all rights, title, interests, copyright, patent rights, trade secret rights, trademarks and other proprietary rights or interests (“Intellectual Property Rights”) in the Services. Nothing in this Agreement shall be deemed to transfer or convey ownership of any Intellectual Property Rights from one Party to the other. User Content that contains third-party trademarks, copyrighted material or names are the property are their respective owners and may not be copied, used or distributed without the permission of the applicable Intellectual Property Rights holder.
  
  Any use of the Service not expressly permitted by these terms is a breach of these Terms and may infringe or violate ChainSafe’s or its licensors’ Intellectual Property Rights. The ChainSafe name, ChainSafe logo and all related names, logos, product and service names, designs, images, and slogans are trademarks of ChainSafe or its affiliates or licensors. You must not use such marks in any manner without our prior written consent.
• 8.2 Feedback. You grant to ChainSafe a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate into the Services any suggestions, reviews, enhancement requests, recommendations, corrections or other feedback (collectively “Feedback”) relating to the Services that you provide to ChainSafe. You agree that ChainSafe may use and disclose the Feedback in any manner and for any purpose without further notice or compensation to you.
• 8.3 License to the Services. Subject to these Terms, ChainSafe hereby grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services and the functionality contained therein, subject to these Terms.
• 8.4 Restrictions. Except as outlined in these Terms and to the extent contrary to applicable law, the license granted to you in Section 8.3 is subject to the following restrictions. You may not:

• post or communicate any information or User Content via the Services that is defamatory, libellous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by us, in our sole discretion, whether or not such information or User Content may be protected by applicable law;
• copy, distribute, modify, create derivative works or adapt the Services, except as permitted under these Terms;
• use the Services for illegal purposes, such as money laundering, terrorist financing, or in any other manner that violates any applicable law or breaches the rights of any third-party;
• mint, display or transfer NFTs or other items that contain images of child exploitation, promote any form of self-harm, encourage violence or hate against others or exposes the private information of a third-party.
• use the Services to buy, sell, transfer or distribute stolen or illegal obtained NFTs or digital assets;
• reverse engineer, disassemble, duplicate, decompile or decode any part of the Services or otherwise attempt to derive or gain access to the source code of the Services, in whole or in part;
• rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the Service to any person, including on or in connection with the internet or any subscription service, time-sharing, software as a service, cloud or other technology or service;
• bypass or breach any security device, mechanism or protection used for or contained in the Service;
• use any networking techniques or software, including a Virtual Private Network to modify your IP address or otherwise circumvent any eligibility restrictions;
• replicate or recreate any part, design, function, feature or tool on the Services;
• use, or access the Services to build a competitive product or service or for any other competitive purposes;
• use the Services other than for its permitted and intended uses, or in any manner not expressly permitted by our third-party licensors;
• use the Services to mint, create, transfer, sell or buy NFTs or other items that give the owner rights to: participate in a securities offering, dividends, interest payments, any other form payments, a share of an active business or property, or is otherwise redeemable for a commodities, securities or financial instruments that would classify the NFT as a security;
• use, or access the Services to build asubmit via the Services any data, software or other materials that contain any malicious code, viruses, worms, Trojan horses, defects, date bombs, time bombs or other items of a destructive nature; competitive product or service or for any other competitive purposes;
• take any actions that impose an unreasonable burden on the Services’ technological infrastructure;
• submit inaccurate, false, or misleading information to the Services;
• distribute, publish, send or facilitate the sending of unsolicited mass email or other messages, promotions, advertising or solicitations, including commercial advertising and informational announcements;
• remove any legal, copyright, trademark or other proprietary rights notices contained in the Services or on materials you receive or access pursuant to these Terms; or
• attempt to gain unauthorized access to the Services, or any server, computer or database connected to the Services.

9. Third-Party Software and Open-Source Licenses

• 9.1 Third-Party Software and Open-Source Licenses. The Services contain third-party software that may be subject to their own licenses. These licenses may be open-source and contain additional terms and conditions. You understand and acknowledge that any third-party software accessed through the Services is not licensed to you pursuant to the provisions of these Terms and that these Terms may not be construed to grant any such right or license to you. The licenses that govern any third-party software are incorporated into these Terms. By accepting these Terms and accessing and using the Services, you also accept any third-party software licenses. To access any third-party licenses, please contact us at [email protected].
• 9.2 Third-Party Services. The Services may provide links to third-party sites and content that are not owned or monitored by us (“Third-Party Services”). We make no representations about any Third-Party Services that may be accessed from the Services. We do not endorse, approve or guarantee the accuracy of any content on the Third-Party Services, and when visiting them, you will no longer be governed by these Terms and our Privacy Policy. You should familiarize yourself with and are responsible for reading and understanding the terms and conditions, privacy policies and data security practices of the Third-Party Services accessed. Those are the policies and practices that will apply to your use of the Third-Party Services. If you choose to access any Third-Party Services, you do so at your own risk. We have no control over the contents of any Third-Party Services and accept no responsibility for such services or for any loss or damage that may arise from the use of them. 
• 9.3 Decentralized Protocol Integration. The Services is integrated with a decentralized protocol that it relies upon to transfer User Content, data and information. We cannot guarantee that there will be no interruptions between the Services and the decentralized protocol, nor that there will be continued interoperability between the Services and the decentralized protocol on an ongoing basis. ChainSafe disclaims any and all liability to you for any harm that may arise from incorrect or inaccessible User Content, information or data on the Services.

10. Disclaimer of Warranties and Limitation of Liability

• 10.1 DISCLAIMER OF WARRANTIES. THE SERVICES, ITS CONTENTS, AND ANY FEATURES OR INFORMATION FOUND THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOU ACKNOWLEDGE AND AGREE THAT YOUR ACCESS TO AND USE OF THE SERVICES AND ITS CONTENTS IS DONE SO AT YOUR OWN RISK. ANY RISKS RESULTING FROM THE ACCESS AND USE OF THE SERVICES REMAIN SOLELY WITH YOU.
  
  NEITHER CHAINSAFE NOR ITS SUBSIDIARIES, AFFILIATES, OR THEIR RESPECTIVE AGENTS OR REPRESENTATIVES MAKE ANY WARRANTY, REPRESENTATION, OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY, OR AVAILABILITY OF THE SERVICES OR ITS CONTENTS. CHAINSAFE DOES NOT GUARANTEE THE QUALITY, ABILITY, SUITABILITY OR AVAILABILITY OF ANY THIRD-PARTY SERVICES PROVIDERS ACCESSIBLE THROUGH THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER CHAINSAFE NOR ITS SUBSIDIARIES, AFFILIATES, OR THEIR AGENTS REPRESENT NOR WARRANT THAT THE SERVICES, ITS CONTENTS, OR ANY FEATURES OR INFORMATION FOUND THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, WITHOUT DELAY, WITHOUT LOSS OF DATA OR INFORMATION, WITHOUT DEGRADATION OF FILE QUALITY, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR TECHNOLOGICAL INFRASTRUCTURE THAT MAKES THE SERVICES AVAILABLE TO YOU IS FREE OF VIRUSES, MALICIOUS CODE OR OTHER TECHNOLOGICALLY HARMFUL COMPONENTS.
• 10.2 LIMITATION OF LIABILITY. EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY APPLICABLE LAW, TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL CHAINSAFE OR ITS SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, LICENSORS, LICENSEES OR SUCCESSORS BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES RELATING TO YOUR USE OF THE SERVICES, THE PERFORMANCE OF THE SERVICES, INTERACTIONS WITH THIRD-PARTY SERVICES AND BLOCKCHAINS THROUGH THE SERVICES, OR FOR ANY DAMAGES RELATED TO LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, EMOTIONAL DISTRESS, INTELLECTUAL PROPERTY INFRINGEMENT OR LOSS OF DATA, WHETHER CAUSED BY BREACH OF CONTRACT, BREACH OF PRIVACY, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE UNDER ANY LEGAL THEORY, EVEN IF FORESEEABLE AND IF CHAINSAFE HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CHAINSAFE WILL ALSO NOT BE LIABLE FOR ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE, INABILITY TO USE, OR RELIANCE ON THE SERVICES, ITS CONTENT, OR ANY INFORMATION THEREON, EVEN IF YOU WERE ALLEGEDLY ADVISED OR HAD REASON TO KNOW. 
  
  THE SERVICES PROVIDE ACCESS TO THIRD-PARTY SERVICES AND CONTENT THAT CHAINSAFE MAY NOT SCREEN OR REVIEW. ACCESS TO, AND USE OF, THE SERVICES, THIRD-PARTY SERVICES AND CONTENT ARE AT DONE SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OF DATA, LOSS OF DIGITAL ASSETS OR OTHER DAMAGES RESULTING THEREFROM.
  
  IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF CHAINSAFE, ARISING OUT OF OR RELATING TO THESE TERMS, THE ACCESS TO OR USE OF THE SERVICES, ITS CONTENTS, NFTS, OR OTHER DIGITAL ASSETS ACCESSIBLE THROUGH THE SERVICES EXCEED ANY AMOUNT PAID BY YOU DURING THE THREE (3) MONTHS BEFORE THE DATE OF ANY CLAIM. THE FOREGOING LIMITATIONS WILL APPLY REGARDLESS OF WHETHER ANY REMEDY PROVIDED FOR IN THESE TERMS FAILS ITS ESSENTIAL PURPOSE.

11. Indemnification

• 11.1 Indemnity by User. You agree to defend, indemnify and hold ChainSafe, its directors, officers, employees, agents, contractors, licensors, advertisers, suppliers, partners and affiliates harmless from and against all actual or alleged claims, suits, judgements, litigation costs, expenses (including, without limitation, attorney fees and expenses) losses, obligations, penalties, awards, damages (actual or consequential) or liability for personal injury, fines, penalties, costs, expenses, lost profit, lost revenue, property damage, legal fees, and any and all other damages of whatever kind and nature, whether known or unknown, foreseen or unforeseen, relating to, resulting from, or arising out of: (i) your use of, or inability to use the Services or its contents; (ii) your breach of these Terms; (iii) your misuse of the Services; (iv) your violation of applicable laws or regulations in connection with your access to or use of the Services; (v) the use of Services by any individual using your User Account (vi) any User Content inputted or uploaded to the Services or transmitted through your User Account; (vii) allegations that your User Content infringes on a third-party’s rights (including Intellectual Property Rights); (viii) any dispute that you have with another User or your violation of the rights of a third-party; (ix) a breach of this Agreement by you, including any obligation to comply with applicable law. You agree to promptly notify ChainSafe of any potential claims and further agree that ChainSafe will have control over the defense or settlement of any such claims that may arise.

12. Security of the Services

• 12.1 Security. ChainSafe implements appropriate administrative, physical and technical security technologies designed to provide a secure environment and protect the security and confidentiality of Personal Information and User Content against any accidental or unauthorized destruction, alteration, access or disclosure. Although measures are taken to protect your Personal Information and User Content, the security of any data or information transmitted via the Services cannot be guaranteed. There are many vulnerabilities that may result from the use of the internet, your equipment, and decentralized technologies that prevent us from guaranteeing the security of your User Content. 
  
  You acknowledge and agree that any transmission of your User Content or Personal Information via the Services is done at your own risk. ChainSafe will not be liable or responsible to you for any breach of the security of the Services unless it is found to be grossly negligent.

13. Term, Termination and Modification of Services

• 13.1 Term. The term of this Agreement (“Term”) shall commence on the date these terms are accepted (“Effective Date”) by you and shall continue until either Party terminates the Agreement in accordance with this Section 13.
• 13.2 Termination and Suspension of Users. Notwithstanding any provision of these Terms, ChainSafe reserves the right, in its sole discretion, without any notice or liability to you, to: (a) terminate your license to use the Services, or any portion thereof; (b) block or prevent your future access to and use of any or all parts of the Services; (c) change, suspend, or discontinue any aspect of the Services; and (d) impose limits on your use of the Services. You agree that in the event that ChainSafe suspends or terminates your access to the Services, ChainSafe will not be liable to your or any third-party for such termination or suspension.
• 13.3 Termination by User. You may terminate this Agreement at any time but may no longer access or use the Services after doing so. Any User Content shared or uploaded to the Services may be retained or destroyed in accordance with our Privacy Policy. If you terminate your User Account or otherwise terminate this Agreement, you will not receive any refunds for any NFTs or digital assets purchased through the Services. You grant us a license to retain your User Content upon the termination of your User Account in order to comply with applicable law.
  
  Termination for Illegal Activities. ChainSafe may immediately deactivate your User Account and terminate your right to access or use the Services if you are suspected of engaging in any illegal, fraudulent, or abusive activities. Termination or the deactivation of your User Account will be in addition to any other remedies ChainSafe may have. ChainSafe reserves the right to take other measures to prevent you or your User Account from accessing or using the Services. You acknowledge and agree that ChainSafe shall have no liability to you for your inability to access or use the Services or to retrieve any User Content.
• 13.4 Modifications to the Service. ChainSafe strives to continually improve the Services’ offerings. In improving the Services, we may change, modify, replace, add or remove features, content and functionalities. If we make changes to the Services that materially impact your use of the Services, we will contact you if an address is provided or post a notice on the Services or to your User Account.ChainSafe may (a) change, suspend or discontinue any aspect of the Services; or (b) terminate your access or licence to any or all parts of the Services at any time, with or without cause, with or without notice, effective immediately, which may result in the destruction of your User Content. ChainSafe may also impose limits on certain features and offerings or restrict your access to parts of the Services without notice or liability to you. Your continued use of the Services following notification of any changes to these Terms constitutes acceptance of those changes.
• 13.5 Effect of Termination. Upon termination of this Agreement in accordance with this Section ‎13, you will have no further right to access or use the Services and ChainSafe may immediately deactivate your User Account. You acknowledge that you are responsible for exporting any User Content you wish to access upon this Agreement terminating, and that ChainSafe shall have no liability to you for your inability to retrieve such User Content.

14. Assumption of Risk

1. 14.1 Assumption of Risk. You understand and agree that you assume the following risks:

• NFT and Digital Asset Prices are Volatile. Market prices (in the event of there being a market available) for NFTs and other forms of digital assets are extremely volatile. They are subjective and fluctuate based on the price of cryptocurrencies more generally. These market prices could materially and adversely affect the value of any NFT or digital assets you own, including any NFTs or digital purchased through the Services. There is no guarantee any NFT or digital asset you own has or will retain any value. You understand that you may lose money on the purchase of an NFT or digital asset.
• Software-Based Assets Have Associated Risks. Assets that can only be accessed through physical hardware, specialized software, and the internet, have inherent risks. These risks include, but are not limited to: (a) the risk of hardware failure / malfunction: (b) the risk of software relied upon containing bugs, issues or critical vulnerabilities; (c) the risk of your internet connection dropping at any time or being unsecure; (d) the risk of accessing software-based assets containing malicious software or being introduced to malicious software; and (e) the risk of third parties obtaining unauthorized access and control of information, data of any software-based assets stored in your digital wallet, your account or elsewhere. ChainSafe will not be responsible to you for any of these, however they are caused.
• NFTs and Digital Assets Rely on External Blockchains. The services allow NFTs and other digital assets to be listed on the Services for use or transfer to other third parties at your own risk (“listing”). NFTs and other digital assets listed on the Services exist on blockchains. Listing an NFT using the services will result in your access and usage of the NFT being restricted until you choose to ‘delist’ the NFT. Listing an NFT may be transferred on to a new smart contract compatible with the Services. Upgrades, modifications, forks, or other changes to the general operations of the blockchains underlying the NFTS and digital assets may have material or adverse effects on them.
• Legal and Regulatory Uncertainty. Laws and regulations governing blockchains, NFTs and other forms of digital assets are uncertain and constantly evolving. New laws, regulations, policies, orders or guidance may have a material or adverse effect on: (i) your ability / eligibility to access the Services; (ii) your NFT or digital asset; or (iii) the blockchain underlying the NFT or digital asset. Changes to laws and regulations in any jurisdiction may affect the utility, usability or value of any NFT or digital asset purchased through the Services.
• Taxes are Your Responsibility. You are solely responsible for determining what taxes (if any) apply to any transaction you perform through the Services. ChainSafe is not responsible for determining the tax consequences that apply for any transaction you perform through the Services.
• NFTs and Digital Assets are Created by Third Parties. NFTs and digital assets that appear on the Services may contain, display or include content created by third parties (“Third-Party Content”). ChainSafe does not inspect, monitor, or screen NFTs or digital assets that contain Third-Party Content. You acknowledge that Third-Party Content could include items that: (i) are illegal; (ii) are indecent; (iii) are mislabeled; (iv) are counterfeit; (v) have defects with their underlying software; (vi) contain malicious code; and (vii) are rendered untransferable. ChainSafe is not responsible for evaluating NFTs or digital assets for their content, accuracy, completeness, validity, legality, intellectual property rights compliance, quality, or compliance with representations made to induce a sale. You accept responsibility for carrying out inspections and researching on your own the validity of representations made for any NFT or digital asset offered for sale on the Services. ChainSafe will not have any liability or responsibility to you or any third-party for any Third-Party Content.
• Use of Public Blockchains. ChainSafe does not control the blockchains or the associated technologies you may interact with when using the Services. When you engage in transactions on the Services, any purchase, sale or transfer you engage in occurs on the applicable blockchain and not through the Services. NFTs and other digital assets exist and are transferred based on ownership records maintained on the relevant blockchain. The Services do not save, store, send, receive or host the NFTs and digital assets that may be transacted with. Since public blockchain transactions are generally irreversible, ChainSafe has no ability and will not attempt to reverse any transactions that occur on a public blockchain.
• Reliance on Third-Party Service Providers. The Services rely on third-party software and service providers. These include the digital wallet provider you access the Services through, any blockchains relied upon, and the services of any third-party otherwise in providing the Services. ChainSafe does not make any promises or guarantees that there will be: (i) continued availability or use of those service providers or (ii) that they will adequately protect, store or make safe any data or information you provide to them. The Services may be adversely affected if there are compatibility or other issues that make these service providers unable to communicate with the Services for an extended period of time.
• Content May be Removed from the Services. ChainSafe does not screen or investigate content created by third parties that may be accessed by you through the Services. ChainSafe reserves the right to blacklist and hide collections, smart contracts, NFTs and other digital assets that ChainSafe reasonably believes may violate this Agreement. Any NFTs or digital assets you may purchase through the Services may become inaccessible on the Services. Under no circumstances shall your inability to access or view any NFTs or digital assets purchased on the Services give rise to any kind of claim against ChainSafe.
• Transactions with Third-Parties. ChainSafe is not responsible for any transaction that occurs between you and a third-party (as an example your purchase or sale of an NFT to a third-party on a third-party service or “secondary market”). ChainSafe shall have no liability to you or a third-party in connection with such transaction. If you have a dispute with any third-party on the Services, you release ChainSafe from any and all claims or damages arising out of or in any way connected with a dispute.

15. DMCA Takedown Request

1. 15.1 Takedown Requests. ChainSafe will respond to notices of alleged copyright infringement under the United States Digital Millennium Copyright Act (“DMCA”) and other intellectual property claims. If you or a third-party believes that their Intellectual Property Rights have been infringed, please notify ChainSafe immediately. Upon the receipt of a valid takedown request, ChainSafe may remove User Content from the Services and terminate a user’s access to the Services if they are found to be a repeat infringer. For ChainSafe to respond to an intellectual property violation complaint, the following information must be provided:

• signature (physical or digital) of the copyright owner, or of a person authorized to act on behalf of the copyright owner;
• clear identification of the copyrighted work that is claimed to be infringing;
• identification (URL, blockchain address) of the claimed infringing material, and if possible, a link to the infringing material on the Services;
• sufficient information for ChainSafe to contact you, including your email address, physical address and/or telephone number;
• a statement outlining your good-faith belief that the infringing material is being used in a way that is not authorized by the copyright owner, its agent, or under the law; and
• a statement, made under penalty of perjury, that the above information, (a) through (e), is accurate, and that you are the copyright owner or are authorized to act on behalf of the copyright owner.

1. 15.2 Submitting Takedown Requests.

• You may submit a takedown request using the following contact information: 
• ChainSafe Systems US, Corp.
  Attn. DMCA Notice
  1209 Orange Street
  Corporation Trust Center
  Wilmington, DE 19801

1. Email: [email protected]

1. 15.3 Counter-Notice for Takedown Request. If you believe that your User Content has been removed by mistake or misidentification, you must provide ChainSafe with a written counter-notice containing the following information:

• Your legal name, address, telephone number, and email address;
• a description of the User Content that was removed, along with the URL where the content was posted in the Services prior to its removal; 
• the following statement: “I swear, UNDER PENALTY OF PERJURY, that I have a good-faith belief that the material was removed or disabled due to a mistake or misidentification of the material to be removed or disabled”; 
• a statement that the User consents to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if the User’s address is outside of the United States, any jurisdiction in which the User may be properly served, and that the User will accept service of process from the person (or their agent) who filed the original DMCA notice; and 
• the User’s electronic or physical signature.

1. Upon receipt of a valid counter-notice to the takedown request, ChainSafe will forward it to the party who submitted the original DMCA takedown request. The original party (or their representative) will then have ten (10) days to notify us that he or she has filed legal action relating to the allegedly infringing material. If ChainSafe does not receive any such notification within ten (10) days, ChainSafe may restore the material to the Offerings.

1. 15.4 Repeat Infringement. ChainSafe reserves the right to terminate the accounts or block usage of the Services of any party who is a repeat infringer or who is repeatedly charged with infringement.

16 Export Controls

1. 16.1 Export Controls. ChainSafe does not provide the Services to certain countries outside of the United States of America and Canada. You agree that you will not use or otherwise export or re-export, directly or indirectly the Services, except as authorized by the United States of America or as provided by ChainSafe. The Services may not be exported or re-exported: (a) into any United States of America embargoed country; (b) into any country or state that has been designated as a “terrorist supporting” country by the government of the United States of America; (c) to anyone on the United States Treasury Department’s Specially Designated Nationals List; (d) to anyone on the United States Treasury Department of Commerce’s Denied Persons List or Entity List; or (e) to any person or entity listed on any government of the United States list of prohibited or restricted parties, or subject to similar restrictions under comparable laws and regulations of other countries. By using the Services, you represent and warrant that you are not located in any such country or included on any such list. If you use the Services in a country not supported by us and in violation of applicable law, you are solely liable for any violations and agree to indemnify us for any claims, damages or losses.

17. General

1. 17.1 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the federals laws of Canada as applicable therein, without giving effect to any choice or conflict of law provision, principle, or rule (whether of the laws of the Province of Ontario or any other jurisdiction) and notwithstanding your domicile, residence, or physical location.
2. 17.2 Dispute Resolution. All controversies or claims (“Disputes”) arising out of these Terms shall first be negotiated in good faith by non-lawyer representatives from both parties. All Disputes that are not resolved within thirty (30) days of the initial notice to the other Party shall be submitted to final and binding arbitration, with no right of appeal. The place of the arbitration shall be in the city of Toronto, in the Province of Ontario. The language of the arbitration shall be English. The arbitrator’s award shall be final, and judgment may be entered upon it by any court having jurisdiction thereof.
3. 17.3 Waiver of Jury Trial. Each Party acknowledges and agrees that any Disputes that may arise under this Agreement is likely to involve complicated issues and, therefore, each such Party irrevocably and unconditionally waives any right it may have to a trial by jury in respect of any legal action arising out of or relating to this Agreement or the transactions contemplated hereby. Each Party to this Agreement acknowledges that (a) no representative of any other Party has represented, expressly or otherwise, that such other Party would not seek to enforce the preceding waiver in the event of any legal action; (b) such Party has considered and understood the implications of this waiver; (c) such Party makes this waiver knowingly and voluntarily; and (d) such Party has been induced to enter into this Agreement by, among other things, the mutual waivers and acknowledgments in this Section.
4. 17.4 Waiver of Class Proceedings. You waive any right you may have to commence or participate in any class action against related to any Disputes and, where applicable, you also agree to opt-out of any class proceedings and expressly waive any rights to file a class action or seek relief on a class basis against ChainSafe or its affiliates. You also waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.
   
   Any action or proceeding arising out of or relating to the Services and under these Terms shall be pursued through arbitration based on the procedure described in Section ‎17.2. If arbitration is prohibited under applicable law, then any action or claim shall be instituted in the courts of the Province of Ontario or the Federal Courts of Canada. Each Party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding.
5. 17.5 Survival. Any terms and conditions of this Agreement which by their nature extend beyond the termination of this Agreement shall survive such termination. This includes, without limitation, Section 6 (Fees), Section 7 (User Content), Section 8 (Intellectual Property), Section 10 (Disclaimer, Limitation of Liability), Section ‎11 (Indemnification), Section 13 (Termination), and relevant provisions of this Section ‎17 (General).
6. 17.6 Independent Contractors. Nothing in this Agreement will be construed to imply a joint venture, partnership or principal-agent relationship between you and ChainSafe.
7. 17.7 Force Majeure. Neither Party will be liable to the other Party for any delay or failure to perform (except for any payment obligation) which is due to acts of God, acts of government, war, civil or military unrest, pandemic, virus, epidemic, riots, terrorism, fire, unavailability of communications or electrical power service provided by third-parties, travel advisories as to health, security, flood, lockout, transportation delay, strikes or other labour difficulties, or other causes beyond the Party’s reasonable control. However, in such an event, both Parties will resume performance promptly after the cause of such delay or failure has been removed.
8. 17.8 Currency. Unless otherwise specified, all references to amounts of money in this Agreement refer to the United States of America (USD) currency.
9. 17.9 Notices. Notices that ChainSafe sends to you (other than notice of amendment of this Agreement) may be provided in any of the following ways. First, ChainSafe may email you at the contact information provided when registering for your User Account or at the contact information provided. Second, ChainSafe may post the notice on the Services. It is your responsibility to review the Services for notices periodically. You may provide information to ChainSafe by communicating through the Services or emailing ChainSafe at the address below.
10. 17.10 Successors and Assigns. This Agreement shall inure to the benefit of and be binding on the Parties and their respective successors and permitted assigns. ChainSafe may assign all or part of its rights or duties under this Agreement. You may not assign this Agreement or its rights or obligations hereunder without ChainSafe’s prior written consent.
11. 17.11 Severability and Waiver. This Agreement shall be deemed severable, and the invalidity or unenforceability of any term or provision shall not affect the validity or enforceability of this Agreement or any other term or provision in this Agreement. Should any term or provision of this Agreement be declared void or unenforceable by any court of competent jurisdiction, the Parties intend that a substitute provision will be added to this Agreement so that, to the greatest extent possible, the substitute provision achieves the intended commercial outcome of the original provision. Any failure of either Party to enforce any rights granted to it hereunder or to take action against the other Party in the event of any breach hereunder will not be deemed a waiver by that Party as to subsequent enforcement of rights or subsequent actions in the event of future breaches.
12. 17.12 Entire Agreement. This Agreement constitutes the entire agreement between you and ChainSafe relating to your access to and use of the Services. The Agreement supersedes all prior agreements, negotiations and representations between the Parties regarding the subject matter of this Agreement.

18. Questions

1. 18.1 If you have any questions regarding these Terms or your use of the Services, please contact us here:
   
   [email protected]