diff --git a/src/app/terms-of-use/page.tsx b/src/app/terms-of-use/page.tsx index 8ae4dee8f4..a2154acabd 100644 --- a/src/app/terms-of-use/page.tsx +++ b/src/app/terms-of-use/page.tsx @@ -24,741 +24,703 @@ const Page = (): JSX.Element => (
-

Welcome to Guild.xyz!

+

Terms of Use

+

Welcome to Guild.xyz!

Guild.xyz is an online platform for automated membership management of - communities based on blockchain. This term of use ("this Agreement") - governs your access to and use of the services available at{" "} + communities based on blockchain. This term of use ("this + Agreement") governs your access to and use of the services available + at https://guild.xyz/ - {" "} - ("Website") and any relating technologies, functionalities, features, and - software (the "Services"). + + ("Website") and any relating technologies, functionalities, + features, and software (the "Services").

-

The Services are provided by Z Gen Kibernetika Korlátolt Felelősségű Társaság (registered seat: 6720 Szeged, Kelemen László utca 11., company - registration number: Cg.06-09-025397, tax number: 26787015-2-06) ("Service - Provider" or "Us"). This Agreement is entered into by the individual or - entity using or accessing the Services (referred to as "Customer" or "You") - and the Service Provider. If you are agreeing to this Agreement not as an - individual but on behalf of your organization, this Agreement will bind - your organization, unless your organization has a separate agreement in - effect with us. You confirm that you have the necessary authority to enter - into this Agreement on behalf of your organization before proceeding. + registration number: Cg.06-09-025397, tax number: 26787015-2-06) + ("Service Provider" or "Us"). This Agreement is entered + into by the individual or entity using or accessing the Services (referred + to as "Customer" or "You") and the Service Provider. If + you are agreeing to this Agreement not as an individual but on behalf of + your organization, this Agreement will bind your organization, unless your + organization has a separate agreement in effect with us. You confirm that + you have the necessary authority to enter into this Agreement on behalf of + your organization before proceeding.

-

- By accessing to and using the Services you agree to be bound by this - Agreement, so please read this document carefully.{" "} - - The offering of the Services to you is conditional on your acceptance of - this Agreement. If you do not agree to this Agreement, you must not - access or use the Service. Please do not use the Services if you are - under 18 of age or barred from doing so under applicable law. - + By accessing and using the Services you agree to be bound by this + Agreement, so please read this document carefully. The offering of the + Services to you is conditional on your acceptance of this Agreement. If you + do not agree to this Agreement, you must not access or use the Service. + Please do not use the Services if you are under 18 of age or barred from + doing so under applicable law.

+

1. Service

  1. - Service -
      -
    1. - Scope: This Agreement governs access and use of the Services. - You may access and use the Services in accordance with this Agreement - and the Privacy Policy. Certain services or functionalities may be - subject to additional terms specific to the relevant service or - functionality ("Feature-Specific Terms") as specified in the relevant - Feature-Specific Terms which are hereby incorporated into this - Agreement by reference. By accessing or using the relevant feature, - you agree to be bound by such Feature-Specific Terms. -
      2. - -
    2. - Changes: The Service Provider may update the Services or - modify features and functionality from time to time. The Service - Provider also reserves the right to revise the terms of this - Agreement from time to time by posting the modified terms on the - Website, and such amendments will enter into effect eight days after - its publication. By continuing to access or use the Services after - the amendment enters into effect, you agree to be bound by the - revised Agreement. -
      3. -
    + Scope: This Agreement governs access and use of the + Services. You may access and use the Services in accordance with this + Agreement and the Privacy Policy. Certain services or functionalities may + be subject to additional terms specific to the relevant service or + functionality ("Feature-Specific Terms") as specified in the + relevant Feature-Specific Terms which are hereby incorporated into + section 15 of this Agreement by reference. By accessing or using the + relevant feature, you agree to be bound by such Feature-Specific Terms. +
    2. +
  2. + Changes: The Service Provider may update the Services or + modify features and functionality from time to time. The Service Provider + also reserves the right to revise the terms of this Agreement from time + to time by posting the modified terms on the Website, and such amendments + will enter into effect eight days after its publication. By continuing to + access or use the Services after the amendment enters into effect, you + agree to be bound by the revised Agreement.
-
-
    -
  1. - Using the Services -
      -
    1. - Access rights: Subject to the terms of this Agreement, the - Service Provider grants you a limited, non-exclusive, - non-transferable and revokable right to use the Service during the - Term. Except as expressly agreed in writing by the Service Provider, - you shall not distribute, sublicense, transfer, sell, offer for sale, - disclose, or make available any part of the Service to any third - party. -
      2. - -
    2. - Eligibility to use: To use the Services, you must be at least - of legal age (18 years of age or older or otherwise of legal age in - your resident jurisdiction). You represent and warrant that: (i) you - are of legal age in your resident jurisdiction, and competent to - agree to this Agreement; and (ii) you have validly entered into this - Agreement and have the legal power to do so. -
      3. -
    3. - Digital wallet: To use our Service, you must use one of the - supported third-party wallets ("Digital Wallet") which allows you to - engage in transactions on blockchains. By connecting your Digital - Wallet, you create a user profile with the Service Provider - ("Profile"). The Service Provides does not undertake any - responsibility for, or liability in connection with your use of a - Digital Wallet and makes no representations or warranties regarding - how the Service will operate with any specific Digital Wallet. -
      4. -
    +
    +

    2. Using the Services

    +
      +
    1. + Access rights: Subject to the terms of this Agreement, + the Service Provider grants you a limited, non-exclusive, + non-transferable and revokable right to use the Service during the Term. + Except as expressly agreed in writing by the Service Provider, you shall + not distribute, sublicense, transfer, sell, offer for sale, disclose, or + make available any part of the Service to any third party. +
      2. +
    2. + Eligibility to use: To use the Services, you must be at + least of legal age (18 years of age or older or otherwise of legal age in + your resident jurisdiction). You represent and warrant that: (i) you are + of legal age in your resident jurisdiction, and competent to agree to + this Agreement; and (ii) you have validly entered into this Agreement and + have the legal power to do so. +
      3. +
    3. + Digital wallet: To use our Service, you must use one of + the supported third-party wallets ("Digital Wallet") which + allows you to engage in transactions on blockchains and access or use + your Tokens. By connecting your Digital Wallet, you create a user profile + with the Service Provider ("Profile"). The Service Provides + does not undertake any responsibility for, or liability in connection + with your use of a Digital Wallet and makes no representations or + warranties regarding how the Service will operate with any specific + Digital Wallet.
    -
    -
      -
    1. - Community management -
        -
      1. - Guilds: For membership management purposes, the Services may - enable you to create or join a "Guild". Once you create a Guild, you - will become the "Guild Admin", with control over the membership - structure of the Guild, including the customization of Roles, - Requirements and Rewards (as defined below). -
        2. -
      2. - Roles, Requirements and Rewards: Guild Admins may freely set - up the membership structure of the Guild and define "Roles" that are - specific to each Guild. Guild Admins may also specify "Rewards", in - particular in the form of permitting certain actions or enabling - access to something. Roles and Rewards may be conditional upon the - "Requirements" set by the Guild Admin. -
        3. - -
      3. - Joining a Guild: If you meet certain Requirements, you may be - able to join a Guild in a specific Role and/or you may be entitled to - Rewards. You understand and acknowledge that (i) Guild Admins are - solely responsible for the terms of their Guilds, including the - relevant Requirements, Roles and Reward; (ii) the Service Provider - has no responsibility for such terms, and you cannot claim access to - any Requirements or any Rewards directly from the Service Provider in - relation to the completion of any Requirements; (iii) Guilds may - change the Requirements for certain Roles or Rewards from time to - time and the Service Provider has no responsibility for any such - changes. -
        4. - -
      4. - Connecting third-party platforms: The Services may allow you - to connect certain third-party platforms ("Third-party Platforms") - with your Profile. Providing your credentials and authorizing access - to such Third-party Platforms, may result in the access, use, - disclosure of certain Personal Data to the Service Provider and - depending on your choices, also to certain Guilds. You acknowledge - that the use of any Third-party Platform is governed solely by the - terms and conditions and privacy policy of such Third-party Platform -
        5. -
      +
      +

      3. Community management

      +
        +
      1. + Guilds: For membership management purposes, the Services + may enable you to create or join a "Guild". Once you create a + Guild, you will become the "Guild Admin", with control over the + membership structure of the Guild, including the customization of Roles, + Requirements and Rewards (as defined below). +
        2. +
      2. + Roles, Requirements and Rewards: Guild Admins may freely + set up the membership structure of the Guild and define "Roles" + that are specific to each Guild. Guild Admins may also specify + "Rewards", in particular in the form of permitting certain + actions or enabling access to something. Rewards means in any digital + points awarded to users by the Guild Admin and any Tokens supplied by the + Guild Admin into the Pool and which may be claimed by users in accordance + with the applicable requirements and other terms of the Guild. +
        3. +
      3. + Roles and Rewards may be conditional upon the "Requirements" + set by the Guild Admin. +
        4. +
      4. + Joining a Guild: If you meet certain Requirements, you + may be able to join a Guild in a specific Role and/or you may be entitled + to Rewards. You understand and acknowledge that (i) Guild Admins are + solely responsible for the terms of their Guilds, including the relevant + Requirements, Roles and Reward; (ii) the Service Provider has no + responsibility for such terms, and you cannot claim access to any + Requirements or any Rewards directly from the Service Provider in + relation to the completion of any Requirements; (iii) Guilds may change + the Requirements for certain Roles or Rewards from time to time and the + Service Provider has no responsibility for any such changes. +
        5. +
      5. + Connecting third-party platforms: The Services may allow + you to connect certain third-party platforms ("Third-party + Platforms") with your Profile. Providing your credentials and + authorizing access to such Third-party Platforms, may result in the + access, use, disclosure of certain Personal Data to the Service Provider + and depending on your choices, also to certain Guilds. You acknowledge + that the use of any Third-party Platform is governed solely by the terms + and conditions and privacy policy of such Third-party Platform.
      -
      -
        -
      1. - Data protection -
          -
        1. - Data processing: In connection with your use of the Services, - the Service Provider will process certain information about you that - may contain personal data. The{" "} - - Privacy Policy - {" "} - describes how the Service Provider collects, uses, transfers, - discloses and stores your personal data. You understand and - acknowledge that, in connection with your use of certain features of - the Services, your personal data may be stored on a blockchain - through the execution of the smart contracts, and this means that, - due to the immutable nature of the blockchain, some of your personal - data may not be modified or deleted. -
          2. - -
        2. - Data sharing: In accordance with section 3, you may decide to - join or leave certain Guilds. Depending on the different Third-Party - Platforms connected with your Profileand whether you decide to share - your Profile with a certain Guild, this may result in the disclosure, - access, or use of your personal data shared with us. You understand - and acknowledge that the data processing activities of a Guild are - governed solely by the terms and conditions of and privacy policy of - the relevant Guild. The Service Provider does not endorse, is not - liable for, and makes no representations in respect of any Guilds, or - the manner in which such Guild uses, stores, or processes personal - data. You agree that (i) it is solely the responsibility of the - relevant Guild to inform you of any relevant policies and practices - that may impact the processing of your data, (ii) obtain any rights, - permissions or consent from you that are necessary for the lawful use - of your data, (iii) ensure that the transfer and processing of your - data is lawful, (iv) respond to and resolve any dispute with you - relating to our personal data. -
          3. - -
        3. - Third-Party Platforms: The Service Provider does not endorse, - is not liable for, and makes no representations in respect of any - Third-party Platform, or the way such Third-party Platform uses, - stores, or processes personal data. If you choose to connect your - Profile with a Third-party Platform, you grant the Service Provider - permission to access your relevant Personal Data as appropriate for - the interoperation of such Third-Party Platform with the Services. -
          4. -
        4. - Sub-processors and data transfers: You understand and agree - that the Service Provider will engage third-party service providers - that may access and process your personal data to assist in providing - the Services to you. You agree that the Service Provider and - third-party service providers may access and process your personal - data in countries outside of the European Economic Area (EEA). You - also understand and agree that by joining a Guild, you consent that - your relevant personal data will be shared with such Guild and that - the Guild may be subject to the laws of a jurisdiction outside of the - EEA. -
          5. -
        +
        +

        4. Data protection

        +
          +
        1. + Data processing: In connection with your use of the + Services, the Service Provider will process certain information about you + that may contain personal data. The + + Privacy Policy + + describes how the Service Provider collects, uses, transfers, discloses + and stores your personal data. You understand and acknowledge that, in + connection with your use of certain features of the Services, your + personal data may be stored on a blockchain through the execution of the + smart contracts, and this means that, due to the immutable nature of the + blockchain, some of your personal data may not be modified or deleted. +
          2. +
        2. + Data sharing: In accordance with section 3, you may + decide to join or leave certain Guilds. Depending on the different + Third-Party Platforms connected with your Profile and whether you decide + to share your Profile with a certain Guild, this may result in the + disclosure, access, or use of your personal data shared with us. You + understand and acknowledge that the data processing activities of a Guild + are governed solely by the terms and conditions of and privacy policy of + the relevant Guild. The Service Provider does not endorse, is not liable + for, and makes no representations in respect of any Guilds, or the manner + in which such Guild uses, stores, or processes personal data. You agree + that (i) it is solely the responsibility of the relevant Guild to inform + you of any relevant policies and practices that may impact the processing + of your data, (ii) obtain any rights, permissions or consent from you + that are necessary for the lawful use of your data, (iii) ensure that the + transfer and processing of your data is lawful, (iv) respond to and + resolve any dispute with you relating to our personal data. +
          3. +
        3. + Third-Party Platforms: The Service Provider does not + endorse, is not liable for, and makes no representations in respect of + any Third-party Platform, or the way such Third-party Platform uses, + stores, or processes personal data. If you choose to connect your Profile + with a Third-party Platform, you grant the Service Provider permission to + access your relevant Personal Data as appropriate for the interoperation + of such Third-Party Platform with the Services. +
          4. +
        4. + Sub-processors and data transfers: You understand and + agree that the Service Provider will engage third-party service providers + that may access and process your personal data to assist in providing the + Services to you. You agree that the Service Provider and third-party + service providers may access and process your personal data in countries + outside of the European Economic Area (EEA). You also understand and + agree that by joining a Guild, you consent that your relevant personal + data will be shared with such Guild and that the Guild may be subject to + the laws of a jurisdiction outside of the EEA.
        -
          -
        1. - Your responsibility -
            -
          1. - Security: You are solely responsible for your Profile and for - keeping your connected Digital Wallet and your wallet credentials - secure. The Service Provider is not liable for any acts or omissions - by you in connection with your Profile or as a result of your Digital - Wallet being compromised. You agree to immediately notify us if you - discover any unauthorized or suspicious activity relating to the - Service or your Profile. In the case of an issue related to your - Digital Wallet, please contact your wallet provider. -
            2. - -
          2. - Compliance and taxes: You will ensure that your use of the - Services is compliant with all applicable laws and regulations, and - the provisions of this Agreement. You are solely responsible for - determining if any reporting, tax or other legal obligations apply to - you in relation to your use of the Services. You agree and understand - that the Service Provider does not provide any legal, tax, or - investment advice and you agree to seek your own advice as necessary, - and to comply with any reporting, tax or legal obligations you may - have in connection with your use of our Services. -
            3. - -
          3. - Embargoed Countries: The use of the Services may be subject to - import or export controls or other restrictions under the laws of the - country where you intend to use the Services. It is your sole - responsibility to check such limitations before using the Services - and to comply with such restrictions and limitations. You shall not - access or use the Services if you are located in any jurisdiction in - which the provision of the Services, Software or other components is - prohibited under applicable laws or regulations (a "Prohibited - Jurisdiction"). You represent and warrant that (i) you are not - prohibited from receiving EU or US exports; and (ii) you are not a - national of, or a legal entity registered in, any Prohibited - Jurisdiction. -
            4. -
          +

          5. Your responsibility

          +
            +
          1. + Security: You are solely responsible for your Profile + and for keeping your connected Digital Wallet and your wallet credentials + secure. The Service Provider is not liable for any acts or omissions by + you in connection with your Profile or as a result of your Digital Wallet + being compromised. You agree to immediately notify us if you discover any + unauthorized or suspicious activity relating to the Service or your + Profile. In the case of an issue related to your Digital Wallet, please + contact your wallet provider. +
            2. +
          2. + Compliance and taxes: You will ensure that your use of + the Services is compliant with all applicable laws and regulations, and + the provisions of this Agreement. You are solely responsible for + determining if any reporting, tax or other legal obligations apply to you + in relation to your use of the Services. You agree and understand that + the Service Provider does not provide any legal, tax, or investment + advice and you agree to seek your own advice as necessary, and to comply + with any reporting, tax or legal obligations you may have in connection + with your use of our Services. +
            3. +
          3. + Embargoed Countries: The use of the Services may be + subject to import or export controls or other restrictions under the laws + of the country where you intend to use the Services. It is your sole + responsibility to check such limitations before using the Services and to + comply with such restrictions and limitations. You shall not access or + use the Services if you are located in any jurisdiction in which the + provision of the Services, Software or other components is prohibited + under applicable laws or regulations (a "Prohibited + Jurisdiction"). You represent and warrant that (i) you are not + prohibited from receiving EU or US exports; and (ii) you are not a + national of, or a legal entity registered in, any Prohibited + Jurisdiction.
        -
          +

          6. Fees and payment

          +
          1. - Fees and payment - -
              -
            1. - Paid services: The Service Provider offers both free and paid - Services. Unless indicated otherwise, the Services are offered for - free. However, certain transactions carried out via the Services may - be subject to a fee ("Protocol Fee" and “Gas Fee”) in accordance with - the Fee Schedule available on the Website. -
              2. - -
            2. - Fees: Customer is responsible for the payment of all fees, - payment method and in the currency quoted at the time of the - initiation of the transaction. (i) Protocol Fee: This fee is for the - use of smart contracts that forward the transaction to the final - destination. These smart contracts are deployed by Guild.xyz. (ii) - Gas Fee: This fee is for the Ethereum nodes to validate the - transaction. It is not related to Guild. Read about it here: - https://www.investopedia.com/terms/g/gas-ethereum.asp Transaction - fees are final and are non-refundable. -
              3. - -
            3. - Changes of fees: The Service Provider reserves the right to - revise and update the Fee Schedule, at any time at its sole - discretion. Any such revision or updates to the fees will apply - prospectively following the effective date of the fee revision or - update. -
              4. -
            + Paid services: The Service Provider offers both free and + paid Services. Unless indicated otherwise, the Services are offered for + free. However, certain transactions carried out via the Services may be + subject to a fee ("Protocol Fee" and “Gas Fee”) in accordance + with the Fee Schedule available on the Website. +
            2. +
          2. + Fees: Customer is responsible for the payment of all + fees, payment method and in the currency quoted at the time of the + initiation of the transaction. (i) Protocol Fee: This fee is for the use + of smart contracts that forward the transaction to the final destination. + These smart contracts are deployed by Guild.xyz. (ii) Gas Fee: This fee + is for the Ethereum nodes to validate the transaction. It is not related + to Guild. Read about it here: + https://www.investopedia.com/terms/g/gas-ethereum.asp Transaction fees + are final and are non-refundable. +
            3. +
          3. + Changes of fees: The Service Provider reserves the right + to revise and update the Fee Schedule, at any time at its sole + discretion. Any such revision or updates to the fees will apply + prospectively following the effective date of the fee revision or update.
        -
          +

          7. Transactions

          +
          1. - Transactions - -
              -
            1. - Smart contracts: The Service Provider provides a web3 service - that enables automated membership management, and the use of the - Services may result in certain transactions between users.{" "} - - The Service Provider is not a financial institution, payments - processor, creditor, wallet provider, exchange, or financial - advisor. - {" "} - The Service Provider cannot make any representation or guarantee - regarding any specific outcomes resulting from making digital assets - available for minting or collecting, or engaging in any other - transactions or activities via the Services. -
              2. - -
            2. - Risk assumption: The transactions that can be carried out via - the Services rely upon certain blockchain technology, including - decentralized, distributed public ledger(s). By accessing or using - the Services, you confirm that you are aware of the risks inherent in - such technologies, such as the uncertainty of the regulatory regime - governing blockchain technologies, digital assets, tokens and - cryptocurrencies, and that the lack of use or public interest in the - creation and development of distributed ecosystems could negatively - impact the development of those ecosystems as well as the potential - utility or value of such assets. You also confirm that you are aware - that the price and liquidity of blockchain-based assets, including - non-fungible tokens (NFTs), are extremely volatile and may be subject - to fluctuations. Fluctuations in the price of other blockchain-based - assets could materially and adversely affect digital assets. -
              3. - -
            3. - Platform only: You expressly acknowledge that the Service - Provider provides a platform only, and it is not party to any smart - contracts or agreements. The Service Provider does not have custody - or control over the NFTs or other digital assets you are interacting - with, and we do not execute or effectuate purchases, transfers, or - sales of NFTs or other digital assets. You are responsible for - verifying the identity, legitimacy, and authenticity of NFTs or - digital assets that you purchase from third-party sellers using the - Service and we make no claims, guarantees, or recommendations about - the identity, legitimacy, functionality, or authenticity of users or - NFTs (and any content associated with such NFTs) visible on the - Service.{" "} - - It is your sole responsibility to verify all transaction details - before sending instructions to the Service Provider. You should - always carefully check the relevant transaction details. The - Service Provider is not responsible or liable for any losses you - may incur due to incorrect transaction information. - -
              4. -
            + Smart contracts/P2P assumption: The Service Provider + provides a web3 service that enables automated membership management, and + the use of the Services may result in certain transactions between users. + The nature of such transactions is entirely P2P (peer-to-peer), and the + Service Provider has no control whatsoever over the transmission, + processing, and execution of such transactions. The Service Provider is + not a financial institution, payments processor, crypto-asset service + provider, creditor, wallet provider, exchange, or financial advisor. The + Service Provider cannot make any representation or guarantee regarding + any specific outcomes resulting from making digital assets available for + minting or collecting, or engaging in any other transactions or + activities via the Services. +
            2. +
          2. + Risk assumption: The transactions that can be carried + out via the Services rely upon certain blockchain technology, including + decentralized, distributed public ledger(s). By accessing or using the + Services, you confirm that you are aware of the risks inherent in such + technologies, such as the uncertainty of the regulatory regime governing + blockchain technologies, digital assets, tokens and cryptocurrencies, the + immutable nature of blockchain-based transactions, the novel and + experimentative status of blockchain technology, and that the lack of use + or public interest in the creation and development of distributed + ecosystems could negatively impact the development of those ecosystems as + well as the potential utility or value of such assets. You also confirm + that you are aware that the price and liquidity of blockchain-based + assets, including non-fungible tokens (NFTs), are extremely volatile and + may be subject to fluctuations. Fluctuations in the price of other + blockchain-based assets could materially and adversely affect digital + assets. You also confirm that you are aware that the potential utility or + value of such digital assets may go to zero, and that the Service + Provider in no way or form guarantees the potential utility or value of + such digital assets. +
            3. +
          3. + Platform only: You expressly acknowledge that the + Service Provider provides a platform only, and it is not party to any + smart contracts, arrangements or agreements. The Service Provider does + not have custody or control over any digital assets issued on blockchain + networks or protocols, including fungible and non-fungible digital assets + ("Tokens") you are interacting with, and we do not execute or + effectuate issuances, purchases, transfers, or sales of Tokens. You are + responsible for verifying the identity, legitimacy, and authenticity of + Tokens that you purchase from third-party sellers using the Services and + we make no claims, guarantees, or recommendations about the identity, + legitimacy, functionality, or authenticity of users, Tokens (and any + content associated with such Tokens) visible on the Service. It is your + sole responsibility to verify all transaction details before initiating + such transactions. You should always carefully check the relevant + transaction details. The Service Provider is not responsible or liable + for any losses you may incur due to incorrect transaction information.
        -
          +

          8. Intellectual property

          +
          1. - Intellectual property - -
              -
            1. - Reservation of rights: Each party shall retain all rights, - title and interest in and to all its respective patents, inventions, - copyrights, trademarks, domain names, databases trade secrets, - know-how and any other intellectual property and/or proprietary - rights (collectively, "Intellectual Property Rights"). This Agreement - does not grant any right, title, or interest to you with respect to - the Services or in any of the Service Provider’s Intellectual - Property Rights, except as expressly set out in this Agreement. -
              2. - -
            2. - Customer Content: The Services may enable you to submit and - upload content to the Services, such as images and text ("Customer - Content"). You own all right, title, and interest in and to Customer - Content. You hereby grant us a worldwide, royalty-free, fully - paid-up, and sublicensable license to display, host, copy, and - reproduce (in any form) Customer Content to the extent necessary to - provide and maintain the Services. You represent and warrant that you - own all rights, title, and interest in and to the Customer Content or - you have otherwise obtained all necessary consents, licenses and - waivers required to create, submit, store, and use Customer Content - in connection with the Services. -
              3. - -
            3. - Feedback: The Service Provider may use any feedback, ideas, - comments, enhancement requests, recommendations or suggestions - ("Suggestions") that you send or share with the Service Provider - without any obligation to you. You hereby grant to the Service - Provider a world-wide, royalty free, irrevocable, perpetual license - to use and otherwise incorporate any Suggestions. -
              4. -
            + Reservation of rights: Each party shall retain all + rights, title and interest in and to all its respective patents, + inventions, copyrights, trademarks, domain names, databases trade + secrets, know-how and any other intellectual property and/or proprietary + rights (collectively, "Intellectual Property Rights"). This + Agreement does not grant any right, title, or interest to you with + respect to the Services or in any of the Service Provider’s Intellectual + Property Rights, except as expressly set out in this Agreement. +
            2. +
          2. + Customer Content: The Services may enable you to submit + and upload content to the Services, such as images and text + ("Customer Content"). You own all right, title, and interest in + and to Customer Content. You hereby grant us a worldwide, royalty-free, + fully paid-up, and sublicensable license to display, host, copy, and + reproduce (in any form) Customer Content to the extent necessary to + provide and maintain the Services. You represent and warrant that you own + all rights, title, and interest in and to the Customer Content or you + have otherwise obtained all necessary consents, licenses and waivers + required to create, submit, store, and use Customer Content in connection + with the Services. +
            3. +
          3. + Feedback: The Service Provider may use any feedback, + ideas, comments, enhancement requests, recommendations or suggestions + ("Suggestions") that you send or share with the Service + Provider without any obligation to you. You hereby grant to the Service + Provider a world-wide, royalty free, irrevocable, perpetual license to + use and otherwise incorporate any Suggestions.
        -
          +

          9. Acceptable Use

          +
          1. - Acceptable Use - -
              -
            1. - Restrictions: You will not and will not permit any third party - to: (i) reverse engineer, decompile, disassemble or otherwise attempt - to discover the source code, object code or underlying structure, - ideas, know-how or algorithms relevant to the Services except for the - scope in which such limitation is explicitly prohibited by law; (iii) - access the Services for competitive purposes; (iv) use the Services - in a manner that violates the rights of a third party, or applicable - laws and regulations; or (v) use the Services in any manner that is - likely to damage, disable, overburden, or impair the Services or its - related systems and networks. -
              2. - -
            2. - Prohibited Customer Content: You are exclusively responsible - for all Customer Content. You agree that you will not upload, use or - in connection with the Services any prohibited Customer Content - including, without limitation, Customer Content that (i) exploits, - harms, or attempts to exploit or harm minors in any way by exposing - them to inappropriate content or otherwise; (ii) is pornographic, - sexually explicit or offensive, obscene, defamatory, libelous, - bullying, profane, indecent; (iii) promote racism, violence or - hatred, or otherwise conveys a message of hate against any individual - or group; (iv) are factually inaccurate, false, misleading or - deceptive; (v) contains viruses, trojan horses, worms or any other - harmful or deleterious programs; (vi) furthers or promotes criminal - activity or provides instructional information about illegal - activities. -
              3. - -
            3. - Prohibited Use: You also agree that you will not and not - permit any third party to: (i) detrimentally interfere with, - intercept, or expropriate any system, data, or information; (ii) - attempt to gain unauthorized access to the Services, other wallets - not belonging to you, computer systems or networks connected to the - Services, through password mining or any other means; (iii) harvest - or otherwise collect information from the Services about others, - including without limitation email addresses and/or public or private - wallet keys, without proper consent; (iv) use the Service to carry - out any financial activities subject to registration or licensing, - including but not limited to creating, offering, selling, or buying - securities, commodities, options, or debt instruments; (v) use the - Service to create, sell, or buy NFTs or other items that give owners - rights to participate in an ICO or any securities offering, or that - are redeemable for securities, commodities, or other financial - instruments; (vi) use the Service to engage in price manipulation, - fraud, or other deceptive, misleading, or manipulative activity; - (vii) use the Service to buy, sell, or transfer stolen items, - fraudulently obtained items, items taken without authorization, - and/or any other illegally obtained items; (viii) impersonate or - attempt to impersonate any person. -
              4. - -
            4. - Monitoring: The Service Provider reserves the right to - investigate and take appropriate action against anyone who, in its - sole discretion, violates the provisions of this section 6, including - removing any Customer Content with or without prior notice, - terminating or suspending your access to the Services and/or (where - required applicable law) reporting such Customer Content or - activities to law enforcement authorities. -
              5. -
            + Restrictions: You will not and will not permit any third + party to: (i) reverse engineer, decompile, disassemble or otherwise + attempt to discover the source code, object code or underlying structure, + ideas, know-how or algorithms relevant to the Services except for the + scope in which such limitation is explicitly prohibited by law; (ii) + access the Services for competitive purposes; (iii) use the Services in a + manner that violates the rights of a third party, or applicable laws and + regulations; or (iv) use the Services in any manner that is likely to + damage, disable, overburden, or impair the Services or its related + systems and networks. +
            2. +
          2. + Prohibited Customer Content: You are exclusively + responsible for all Customer Content. You agree that you will not upload, + use or in connection with the Services any prohibited Customer Content + including, without limitation, Customer Content that (i) exploits, harms, + or attempts to exploit or harm minors in any way by exposing them to + inappropriate content or otherwise; (ii) is pornographic, sexually + explicit or offensive, obscene, defamatory, libelous, bullying, profane, + indecent; (iii) promotes racism, violence or hatred, or otherwise conveys + a message of hate against any individual or group; (iv) is factually + inaccurate, false, misleading or deceptive; (v) contains viruses, trojan + horses, worms or any other harmful or deleterious programs; (vi) furthers + or promotes criminal activity or provides instructional information about + illegal activities. +
            3. +
          3. + Prohibited Use: You also agree that you will not and not + permit any third party to: (i) detrimentally interfere with, intercept, + or expropriate any system, data, or information; (ii) attempt to gain + unauthorized access to the Services, other wallets or Tokens not + belonging to you, computer systems or networks connected to the Services, + through password mining or any other means; (iii) harvest or otherwise + collect information from the Services about others, including without + limitation email addresses and/or public or private wallet keys, without + proper consent; (iv) use the Service to carry out any financial + activities subject to registration or licensing, including but not + limited to creating, offering, selling, or buying securities, + commodities, options, or debt instruments; (v) use the Service to create, + sell, or buy Tokens that give prospective holders rights to participate + in an ICO or any securities offering, or that are redeemable for + securities, commodities, or other financial instruments; (vi) use the + Service to engage in price manipulation, fraud, or other deceptive, + misleading, or manipulative activity; (vii) use the Service to buy, sell, + or transfer stolen items, fraudulently obtained items, items taken + without authorization, and/or any other illegally obtained items; (viii) + impersonate or attempt to impersonate any person. +
            4. +
          4. + Monitoring: The Service Provider reserves the right to + investigate and take appropriate action against anyone who, in its sole + discretion, violates the provisions of this section 9, including removing + any Customer Content with or without prior notice, terminating or + suspending your access to the Services and/or (where required by + applicable law) reporting such Customer Content or activities to law + enforcement authorities.
        -
          +

          10. Warranty

          +
          1. - Warranty - -
              -
            1. - Free Services are provided "AS IS" and "as available". To the maximum - extent permitted by applicable law, THE SERVICE PROVIDER DISCLAIMS - ANY IMPLIED WARRANTIES INCLUDING WITHOUT LIMITATION MERCHANTABILITY - OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. -
              2. -
            + Free Services are provided "AS IS" and "as + available". To the maximum extent permitted by applicable law, THE + SERVICE PROVIDER DISCLAIMS ANY IMPLIED WARRANTIES INCLUDING WITHOUT + LIMITATION MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR + NON-INFRINGEMENT.
        -
          +

          11. Indemnity

          +
          1. - Indemnity - -
              -
            1. - To the extent permitted by law, Customer will defend, indemnify and - hold harmless the Service Provider, including its employees and - Affiliates, from and against any third-party claims, incidents, - liabilities, procedures, damages, losses and expenses, including - reasonable legal and accounting fees, arising out of or in any way - connected with (i) your access or use of the Services, (ii) your - breach of this Agreement, or (iii) your violation of applicable laws, - rules or regulations in connection with the Services. -
              2. -
            + To the extent permitted by law, Customer will defend, indemnify and hold + harmless the Service Provider, including its employees and Affiliates, + from and against any third-party claims, incidents, liabilities, + procedures, damages, losses and expenses, including reasonable legal and + accounting fees, arising out of or in any way connected with (i) your + access or use of the Services, (ii) your breach of this Agreement, or + (iii) your violation of applicable laws, rules or regulations in + connection with the Services.
        -
          +

          12. Limitation of liability

          +
          1. - Limitation of liability - -
              -
            1. - Exclusion of damages: TO THE FULLEST EXTENT PROVIDED BY LAW, - IN NO EVENT WILL THE SERVICE PROVIDER OR ITS AFFILIATES, OR THEIR - LICENSORS, EMPLOYEES, CONTRACTORS, AGENTS, OFFICERS OR DIRECTORS, BE - LIABLE FOR ANY FOR ANY LOST PROFITS, REVENUES, OR BUSINESS - OPPORTUNITIES, LOSS OF USE, LOSS OF DATA, LOSS OF CONFIDENTIAL OR - OTHER INFORMATION, LOSS OF DIGITAL ASSETS, LOSS OF ACCESS TO ANY - DIGITAL WALLET, BUSINESS INTERRUPTION AND ANY OTHER INDIRECT, - SPECIAL, INCIDENTAL, CRIMINAL, SUBSEQUENT OR CONSEQUENTIAL DAMAGES - WHATSOEVER, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, PRODUCT - LIABILITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY RELATED TO THE - USE OF OR INABILITY TO USE THE SERVICE, REGARDLESS WHETHER THE - SERVICE PROVIDER HAS BEEN ADVISED OR SHOULD HAVE HAD KNOWLEDGE OF THE - POSSIBILITY OF SUCH DAMAGES. THE SERVICE PROVIDE WILL NOT BE - LIABILITY FOR THE ACTIONS OR OMISSIONS OF THIRD PARTIES, NOR FOR ANY - DAMAGES THAT MAY OCCUR AS A RESULT OF YOUR TRANSACTIONS OR OTHER - INTERACTIONS WITH THIRD PARTIES VIA THE SERVICES. -
              2. - -
            2. - Limitation of liability: YOU AGREE THAT THE SOLE AND EXCLUSIVE - REMEDY FOR UNSATISFACTORY SERVICE SHALL BE TERMINATION OF THE SERVICE - AND A REFUND OF ANY AMOUNT ALREADY PAID BY YOU NOTWITHSTANDING - ANYTHING TO THE CONTRARY IN THESE TERMS. THE AGGREGATE LIABILITY OF - THE SERVICE PROVIDER FOR ALL CLAIMS RELATING TO THE SERVICES, THE - ACCESS TO AND USE OF THE SERVICE, CONTENT, DIGITAL ASSETS OR ANY - PRODUCTS OR SERVICES PURCHASED ON THE SERVICES SHALL NOT EXCEED THE - GREATER OF (A)USD 100 OR (B) THE AMOUNT RECEIVED BY THE SERVICE - PROVIDER FROM YOU RELATED TO THE RELEVANT DIGITAL ASSET THAT IS THE - SUBJECT OF THE APPLICABLE CLAIM. -
              3. - -
            3. - Exceptions: AFOREMENTIONED LIMITATIONS OF LIABILITY DO NOT - APPLY FOR CAUSED INTENTIONAL OR GROSS NEGLIGENT BREACH OF OBLIGATIONS - BY THE SERVICE PROVIDER AND DAMAGES CAUSED TO LIFE, BODY OR HEALTH, - AND FOR ANY OTHER LIABILITY THAT MAY NOT, UNDER APPLICABLE LAW, BE - LIMITED OR EXCLUDED. IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED - TO THE EXTENT PERMITTED BY LAW, THEREBY MINIMIZING OUR LIABILITY TO - YOU TO THE LOWEST AMOUNT PERMITTED BY APPLICABLE LAW. -
              4. - -
            4. - Force Majeure: The Service Provider will not be liable to - Customer or to any other third party for failure to perform or any - delay in the performance of the Service due to fire, flood, war, - riot, strike, explosion, lock out, injunction, natural disaster, - interruption of transportation, acts of war, terrorism, labor - disputes, acts of civil or military authority, power blackouts, - denial of service attacks, bugs, computer viruses, trojan horses or - any other event beyond the Service Provider's reasonable control. -
              5. -
            + Exclusion of damages: TO THE FULLEST EXTENT PROVIDED BY + LAW, IN NO EVENT WILL THE SERVICE PROVIDER OR ITS AFFILIATES, OR THEIR + LICENSORS, EMPLOYEES, CONTRACTORS, AGENTS, OFFICERS OR DIRECTORS, BE + LIABLE FOR ANY LOST PROFITS, REVENUES, OR BUSINESS OPPORTUNITIES, LOSS OF + USE, LOSS OF DATA, LOSS OF CONFIDENTIAL OR OTHER INFORMATION, LOSS OF + DIGITAL ASSETS, LOSS OF ACCESS TO ANY DIGITAL WALLET, BUSINESS + INTERRUPTION AND ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, CRIMINAL, + SUBSEQUENT OR CONSEQUENTIAL DAMAGES WHATSOEVER, WHETHER BASED ON + CONTRACT, TORT, NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE, ARISING OUT + OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SERVICE, + REGARDLESS WHETHER THE SERVICE PROVIDER HAS BEEN ADVISED OR SHOULD HAVE + HAD KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES. THE SERVICE PROVIDER + WILL NOT BE LIABLE FOR THE ACTIONS OR OMISSIONS OF THIRD PARTIES, NOR FOR + ANY DAMAGES THAT MAY OCCUR AS A RESULT OF YOUR TRANSACTIONS OR OTHER + INTERACTIONS WITH THIRD PARTIES VIA THE SERVICES. +
            2. +
          2. + Limitation of liability: YOU AGREE THAT THE SOLE AND + EXCLUSIVE REMEDY FOR UNSATISFACTORY SERVICE SHALL BE TERMINATION OF THE + SERVICE AND A REFUND OF ANY AMOUNT ALREADY PAID BY YOU NOTWITHSTANDING + ANYTHING TO THE CONTRARY IN THESE TERMS. THE AGGREGATE LIABILITY OF THE + SERVICE PROVIDER FOR ALL CLAIMS RELATING TO THE SERVICES, THE ACCESS TO + AND USE OF THE SERVICE, CONTENT, DIGITAL ASSETS OR ANY PRODUCTS OR + SERVICES PURCHASED ON THE SERVICES SHALL NOT EXCEED THE GREATER OF (A)USD + 100 OR (B) THE AMOUNT RECEIVED BY THE SERVICE PROVIDER FROM YOU RELATED + TO THE RELEVANT DIGITAL ASSET THAT IS THE SUBJECT OF THE APPLICABLE + CLAIM. +
            3. +
          3. + Exceptions: AFOREMENTIONED LIMITATIONS OF LIABILITY DO + NOT APPLY FOR INTENTIONAL OR GROSS NEGLIGENT BREACH OF OBLIGATIONS BY THE + SERVICE PROVIDER AND DAMAGES CAUSED TO LIFE, BODY OR HEALTH, AND FOR ANY + OTHER LIABILITY THAT MAY NOT, UNDER APPLICABLE LAW, BE LIMITED OR + EXCLUDED. IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE EXTENT + PERMITTED BY LAW, THEREBY MINIMIZING OUR LIABILITY TO YOU TO THE LOWEST + AMOUNT PERMITTED BY APPLICABLE LAW. +
            4. +
          4. + Force Majeure: The Service Provider will not be liable + to Customer or to any other third party for failure to perform or any + delay in the performance of the Service due to fire, flood, war, riot, + strike, explosion, lock out, injunction, natural disaster, interruption + of transportation, acts of war, terrorism, labor disputes, acts of civil + or military authority, power blackouts, denial of service attacks, bugs, + computer viruses, trojan horses or any other event beyond the Service + Provider's reasonable control.
        -
          +

          13. Term and termination

          +
          1. - Term and termination - -
              -
            1. - Term: This Agreement enters into effect on the day when you - accept this Agreement and continues until terminated either by you or - the Service Provider ("Term"). -
              2. - -
            2. - Cancellation: Customer may terminate a free Service - immediately without cause. If applicable, Subscription Services may - be terminated in accordance with the Subscription Terms. -
              3. - -
            3. - Termination for Cause: Either party may terminate this - Agreement with notice if the other party materially breaches this - Agreement and such breach is not cured within fifteen days after the - non-breaching party provides notice of the breach. The Service - Provider may immediately terminate this Agreement for cause without - notice if Customer or its Users violate section 7 (Acceptable Use) of - this Agreement. -
              4. - -
            4. - Survival: The following sections will survive expiry or - termination of this Agreement: 5 (Your responsibility), 6 (Fees and - payment), 7 (Transactions), 8 (Intellectual Property Rights), 10-12, - 13 (Term and termination), 14 (Miscellaneous). -
              5. - -
            5. - Effect: If this Agreement is terminated: (i) the rights and - licenSes granted by the Service Provider to you will cease - immediately; (ii) the Service Provider may delete any data relating - to your Profile in a commercially reasonable period of time in - accordance with its Privacy Notice. -
              6. -
            + Term: This Agreement enters into effect on the day when + you accept this Agreement and continues until terminated either by you or + the Service Provider ("Term"). +
            2. +
          2. + Cancellation: Customer may terminate a free Service + immediately without cause. If applicable, Subscription Services may be + terminated in accordance with the Subscription Terms. +
            3. +
          3. + Termination for Cause: Either party may terminate this + Agreement with notice if the other party materially breaches this + Agreement and such breach is not cured within fifteen days after the + non-breaching party provides notice of the breach. The Service Provider + may immediately terminate this Agreement for cause without notice if + Customer or its users violate section 9 (Acceptable Use) of this + Agreement. +
            4. +
          4. + Survival: The following sections will survive expiry or + termination of this Agreement: 5 (Your responsibility), 6 (Fees and + payment), 7 (Transactions), 8 (Intellectual Property Rights), 10-12, 13 + (Term and termination), 14 (Miscellaneous). +
            5. +
          5. + Effect: If this Agreement is terminated: (i) the rights + and licenses granted by the Service Provider to you will cease + immediately; (ii) the Service Provider may delete any data relating to + your Profile in a commercially reasonable period of time in accordance + with its Privacy Notice.
        -
          +

          14. Miscellaneous

          +
          1. - Miscellaneous - -
              -
            1. - Severability; Entire agreement: The provisions of this - Agreement apply to the maximum extent permitted by relevant law. If - any court or relevant authority decides that any part of this - Agreement is unlawful, unenforceable, or invalid, the remaining - clauses will remain in full force and effect. This is the entire - contract between the Parties regarding the Service. It supersedes any - prior contract or oral or written statements regarding your use of - the Service. -
              2. - -
            2. - Remedy: The failure of either Party to enforce a provision of - this Agreement is not a waiver of its right to do so later. The - waiver by the Service Provider of any breach shall not be deemed a - waiver of any subsequent breach of the same or any other term of this - Agreement. Any remedy made available to the Service Provider by any - of the provisions of this Agreement is not intended to be exclusive - of any other remedy. -
              3. - -
            3. - Expiration of Claims: Both parties agree that except for - claims related to the indemnification obligations above, all claims - arising under or related to this Agreement must be brought within one - year after the date the cause of action arose. -
              4. - -
            4. - Assignment: You may not assign or transfer this Agreement or - any rights or obligations under this Agreement without the Service - Provider’s written consent. The Service Provider may freely assign - its rights and obligations under this Agreement in its entirety to an - Affiliate or in connection with a merger, acquisition, corporate - reorganization, or sale of all or substantially all of its assets. - For the purposes of this Agreement, "affiliate" means any entity that - controls, is controlled by or is under common control with a party, - where "control" means the ability to direct the management and - policies of an entity. -
              5. - -
            5. - Governing law, dispute resolution: This Agreement is governed - by Hungarian law, excluding the Hungarian conflict of law rules and - the Vienna Convention on Contracts for International Sale of Goods. -
              6. - -
            6. - Consumer protection: If any consumer laws are applicable to - the parties’ relationship, and cannot otherwise be lawfully excluded, - nothing in this Agreement will restrict, exclude or modify any - mandatory rules of law. Any consumer complaints relating to this - Agreement, or the Services may be communicated by the following - means: (i) by sending a letter to the address of the Service Provider - (6720 Szeged, Kelemen László utca 11.) or (ii) by sending an e-mail - to{" "} - - help@guild.xyz - - . Any consumer complaint will be assessed and duly answered within 30 - days from the date when the complaint is received. If your complaint - is rejected, then you may submit your complaint to the competent - conciliation body at the place of your habitual or temporary - residence. Prior to the proceeding of the conciliation body, you must - attempt to solve the dispute with us directly. Should you decide to - turn to a conciliation body other than the competent conciliation - body, then – upon your request – that conciliation body will have - competence to proceed. If you believe that your consumer rights have - been violated, then you may also file a complaint with the competent - consumer protection authority. The authority will decide whether to - initiate proceedings upon the assessment of the complaint. The - competence of the consumer protection authority depends on the place - of your habitual residence. The list of authorities is available - here. There is no code of practice available at the Service Provider - as defined under the act on the prohibition of unfair commercial - practices. -
              7. + Severability; Entire agreement: The provisions of this + Agreement apply to the maximum extent permitted by relevant law. If any + court or relevant authority decides that any part of this Agreement is + unlawful, unenforceable, or invalid, the remaining clauses will remain in + full force and effect. This is the entire contract between the Parties + regarding the Service. It supersedes any prior contract or oral or + written statements regarding your use of the Service. + +
            7. + Remedy: The failure of either Party to enforce a + provision of this Agreement is not a waiver of its right to do so later. + The waiver by the Service Provider of any breach shall not be deemed a + waiver of any subsequent breach of the same or any other term of this + Agreement. Any remedy made available to the Service Provider by any of + the provisions of this Agreement is not intended to be exclusive of any + other remedy. +
              8. +
            8. + Expiration of Claims: Both parties agree that except for + claims related to the indemnification obligations above, all claims + arising under or related to this Agreement must be brought within one + year after the date the cause of action arose. +
              9. +
            9. + Assignment: You may not assign or transfer this + Agreement or any rights or obligations under this Agreement without the + Service Provider’s written consent. The Service Provider may freely + assign its rights and obligations under this Agreement in its entirety to + an Affiliate or in connection with a merger, acquisition, corporate + reorganization, or sale of all or substantially all of its assets. For + the purposes of this Agreement, "affiliate" means any entity + that controls, is controlled by or is under common control with a party, + where "control" means the ability to direct the management and + policies of an entity. +
              10. +
            10. + Governing law, dispute resolution: This Agreement is + governed by Hungarian law, excluding the Hungarian conflict of law rules + and the Vienna Convention on Contracts for International Sale of Goods. +
              11. +
            11. + Consumer protection: If any consumer laws are applicable + to the parties’ relationship, and cannot otherwise be lawfully excluded, + nothing in this Agreement will restrict, exclude or modify any mandatory + rules of law. Any consumer complaints relating to this Agreement, or the + Services may be communicated by the following means: (i) by sending a + letter to the address of the Service Provider (6720 Szeged, Kelemen + László utca 11.) or (ii) by sending an e-mail to + + help@guild.xyz + + . Any consumer complaint will be assessed and duly answered within 30 + days from the date when the complaint is received. If your complaint is + rejected, then you may submit your complaint to the competent + conciliation body at the place of your habitual or temporary residence. + Prior to the proceeding of the conciliation body, you must attempt to + solve the dispute with us directly. Should you decide to turn to a + conciliation body other than the competent conciliation body, then – upon + your request – that conciliation body will have competence to proceed. If + you believe that your consumer rights have been violated, then you may + also file a complaint with the competent consumer protection authority. + The authority will decide whether to initiate proceedings upon the + assessment of the complaint. The competence of the consumer protection + authority depends on the place of your habitual residence. The list of + authorities is available here. There is no code of practice available at + the Service Provider as defined under the act on the prohibition of + unfair commercial practices. +
              12. +
            12. + Notice: Notices are to be sent by electronic means, in + the form of an email. Notices through email will be deemed to have been + duly given the day after it is sent. The Service Provider may be + contacted at + + help@guild.xyz + + . The Service Provider reserves the right to make reasonable steps to + verify your identity before responding to or acting upon Customer's + request. +
              13. +
            +
        -
      2. - Notice: Notices are to be sent by electronic means, in the - form of an email. Notices through email will be deemed to have been - duly given the day after it is sent. The Service Provider may be - contacted at{" "} - - help@guild.xyz - - . The Service Provider reserves the right to make reasonable steps to - verify your identity before responding to or acting upon Customer's - request. -
        3. -
      +
      +

      15. Feature-Specific Terms – Pool management.

      +
        +
      1. + Pools: "Pools" shall mean the pool created by + Guild Admins interacting with the ITokenPool smart contract, with such + pool being solely managed and owned by Guild Admins, and is also supplied + with Tokens solely and exclusively by the Guild Admins. +
        2. +
      2. + Creation and ownership of Pools: Guild Admins are solely + responsible for the creation of Pools, and retain ownership rights over + such Pools at all times. Such pool being solely managed and owned by + Guild Admins, and is also supplied with Tokens solely and exclusively by + the Guild Admins. Guild Admins may elect, at their discretion, to supply + the relevant Pool with Crypto-Assets, and may also elect to remove any or + all of the supply of Crypto-Assets in the relevant Pool. The Guild Admin + may also elect to transfer the ownership of the relevant Pool at their + discretion. +
        3. +
      3. + Guild Member claims: Customer accessing and/or forming + part of the Guild ("Guild Member") may be allowed, by the Guild + Admin, to claim Tokens and Rewards subject to the fulfilment of the + requirements set by the Guild Admin. Guild Members hereby acknowledge and + agree that any terms applicable to the fulfilment of requirements in + order to potentially claim Rewards, as well as any Tokens from the Pool + are solely set by, and within the discretion of, the Guild Admin. Guild + Admins are also fully responsible for any distributions of Tokens. +
        4. +
      4. + Token supply to the Pool: Guild Admins hereby undertake + full responsibility over any Tokens supplied to the Pool, including full + adherence to, and compliance with, any applicable laws concerning the + Tokens themselves or the issuance thereof. Guild Admins shall not + display, on the Platform, any information pertaining to the Tokens other + than: i) the name of the Token; ii) the identifier/ticker of the Token; + iii) the address for the issuing smart contract for such Token; and iv) a + hyperlink to any third-party hosted documentation pertaining to the + Token. +
        5. +
      5. + Claiming fees: Guild Admins may elect, at their + discretion, to set fees applicable for any claims of Tokens or Rewards + initiated by Guild Members. Such fees are sent to an address selected by + the Guild Admin, with the Service Provider not having any rights + whatsoever to receive any of the fees set, received, or otherwise + directed by the Guild Admin. The Guild Admin also retains full control + over the parameters and amounts of such fees. +
        6. +
      6. + Warranties: You acknowledge and agree that the Services + are non-custodial and that You are solely responsible for the use and + security of your Tokens including their custody and their use in + transactions. You also confirm that any Tokens used or provided by You in + connection with the Services are legitimately owned or controlled by you + and such Tokens have been legally obtained or issued.