🟢Terms of Use
1. Introduction
Welcome to ZilSwap ARKY's ("ARKY") website Terms of Use agreement ("Terms"). For purposes of this agreement, the terms "we", "our" and "us" refer to ARKY, "Site" refers to the website which can be accessed at zilswap.io/arky and "Service" refers to the collective services offered on the ARKY website, not limited to the creation, purchase, sale, exchange, or modification of certain digital assets on the Site. The term "you" refers to you, as a user of our Site or our Service.
This Service allows you to sell and purchase Crypto Assets via auction ("Auction"). "Crypto Assets" refers to unique non-fungible tokens implemented on the Zilliqa blockchain using smart contracts. You may participate in the Auction by linking your digital wallets on supported bridge extensions including but not limited to ZilPay, Zeeves, and BoltX. ZilPay, Zeeves and BoltX are electronic wallets that allows you to purchase, store, and engage in transactions using cryptocurrency. Before putting up your Crypto Assets for Auction or putting in a offer to purchase Crypto Assets from another user, you will be asked to download a supported electronic wallet extension, and connect and unlock your digital wallets with that extension. Once you submit an order to sell or purchase a Crypto Asset, your order is passed on to the applicable extension, which executes and completes the transaction on your behalf.
ARKY is a platform. We are not a brokerage, financial institution, or creditor. ARKY functions solely as an administration platform. ARKY facilitates the transactions between buyers and sellers but are not liable to any agreements between any buyer and seller or users.
You bear full responsibility for verifying the identity, legitimacy and authenticity of assets you purchase on ARKY. ARKY makes no claims about the identity, legitimacy or authenticity of assets on the Site.
The following Terms apply when you view or utilize the Service on zilswap.io/arky. Please review the following terms carefully. The Site and all connected services are provided as-is, and with no warranties of any kind. By clicking on the "I accept" button in the account registration process, you signify your acceptance and adherence to the Terms. If you do not agree to be bound by these Terms, you may not access or use the Service.
ARKY reserves the right to amend, modify or change any of these Terms at our sole discretion. If any changes are made, we will notify users of the changes by modifying the "Last Updated" date at the beginning of these Terms.
2. Privacy Policy
ARKY respects the privacy of its Service users. Please refer to our Privacy Policy for information detailing how we collect, use and share personal information about you. When clicking on the "I accept" button in the account registration process, you signify your agreement to the Privacy Policy and the Terms of Use.
3. Account Registration
If you wish to partake in an Auction for Crypto Assets, you are required to create an account on the Service ("Account"). Through creating an Account, you agree to (a) provide accurate, current and complete Account information about yourself, (b) maintain this information in a timely manner, (c) maintain the security of your password and accept all risks of unauthorized access to your Account and the information you provide to us and (d) notify us immediately upon any security breaches or discovery that your account has been compromised.
The Service may include software components provided by third parties that are subject to separate license terms, in which case those license terms will govern such software components. For example, when you are click on a third party link from the Site, these third party websites may include license terms governing the use of such Crypto Asset. We will not warn you that you have left our Service and are subject to the terms (including privacy policies) of another website or destination. In the event you purchase such Crypto Asset through ARKY, you are required to comply with these third party terms. You should review all applicable agreements and policies, including privacy and data gathering practices, of any third party websites or destinations, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
Buying, selling and minting NFTs requires you to connect with third-party wallets including but not limited to ZilPay, BoltX, and Zeeves. By using our Services, you agree to their terms as well.
4. Ownership
Unless otherwise stated in writing by us, the Service and all content contained therein, including, without limitation, the ARKY logo and all designs, texts, graphics, pictures, information, data, software, look and feel, button icons and scripts (collectively, "Content") are the property of ARKY.
The ARKY logo and any ARKY product or service names, logos or slogans that may appear on the Service or Site are trademarks of ARKY and may not be copied, imitated or used, in whole or in part, without our prior written approval. If in good faith, you believe that a user of the ARKY platform has copied your content in a manner that constitutes a copyright infringement, please reach out to a team member on the official ZilSwap Discord channel (https://discord.gg/zilswapio).
All other trademarks, registered trademarks, product names mentioned on the Service are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable trademark holder.
Reference to any products, services, processes or other information does not constitute or imply endorsement, sponsorship or recommendation by ARKY.
5. Copyright
By submitting, posting or displaying on or through the Services, you grant ARKY and our affiliates a worldwide, non-exclusive, sublicensable, royalty-free license to use, copy, modify, and display any text, content, files, communications, comments, feedback, suggestions, ideas, concepts, questions, data or other content that you submit or post on or through the Services or through tools or applications we provide for posting or sharing such content, including to provide, promote, and improve the Services. This includes usage of your content on our Site, social media platforms, as well as in other forms of media and/or distribution services.
Copyright Infringement Claims
If in good faith, you believe that a user of the ARKY platform has copied your content in a manner that constitutes a copyright infringement, please reach out to a team member on the official ZilSwap Discord channel (https://discord.gg/zilswapio).
Any infringement claim regarding content on the ARKY platform must include:
A written communication delivered to either of the above addresses;
The date of the claim;
The signature of the copyright holder, or of an agent authorized to act on the copyright holder's behalf;
Identification of the copyrighted material(s) allegedly infringed;
Reasonably sufficient identification of the material that constitutes the infringement, such that we can locate it;
Contact information that is reasonably sufficient for us to contact the complaining party;
A statement that the complaining party believes, in good faith, that the use of the alleged infringing material has not been used in a manner which has been authorized by the alleged copyright holder;
A statement that the information provided within the claim is accurate and, under penalty of perjury, that the complaining party is authorized to act on the behalf of the alleged copyright owner.
6. User Conduct
By accepting these Terms, you agree that you will not violate any law, contract, intellectual property or other third party right. You are solely responsible for your personal conduct while engaging with the Service.
You are permitted to use the site conditioned upon the following use, posting and conduct restrictions:
Provide false or misleading information to ARK
Pose as another person or create a misleading username
Create, mint or sell counterfeit or inauthentic Crypto Assets
Use the Service in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Service, or that could damage, disable, overburden or impair the functioning of the Service in any manner
Develop, utilize, or disseminate any software, or interact with any API in any manner, that could damage, harm, or impair the Service
Reverse engineer any aspect of the Service, or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any Service, area or code of the Service
Attempt to circumvent any content-filtering techniques we employ, or attempt to access any feature or area of the Service that you are not authorized to access
Use data collected from our Service for any direct marketing activity (including without limitation, email marketing, SMS marketing, telemarketing, and direct marketing)
Bypass or ignore instructions that control all automated access to the Service
Use the Service for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms
Use the Platform to carry out any illegal activities, including but not limited to money laundering, terrorist financing or deliberately engaging in activities designed to adversely affect the performance of the Platform, or the Service
Engage in wash trading or other deceptive or manipulative trading activities
Place misleading bids or offers
Spam listings for the purpose of causing a listing to appear at the top of the search results
Engage in behaviors that have the intention or the effect of artificially increasing view counts, favorites, volume, or other metrics that ARK might use to sort search results
Use the Service to carry out any financial activities subject to registration or licensing, including but not limited to creating, listing, or buying securities, commodities, options, real estate, or debt instruments
Use the Service from a country sanctioned by the government of the United States
Use the Service to participate in fundraising for a business, protocol, or platform, including but not limited to creating, listing, or buying assets that are redeemable for financial instruments, assets that give owners rights to participate in an ICO or any securities offering, or assets that entitle owners to financial rewards, including but not limited to, DeFi yield bonuses, staking bonuses, and burn discounts.
Failure to comply with any of, but not limited to, the aforementioned restrictions and violations may result in the termination of your account, removal of inappropriate assets and/or denial of access to our website and Service, solely at the discretion of ARK.
ARK reserves the right to determine the appropriateness of listings on its Site and take any other appropriate action if a user violates these Terms or engages in any activity that violates the rights of any person or entity or which we deem unlawful, offensive, abusive, harmful or malicious. ARK reserves the right to remove any material that in its sole opinion violates, or is alleged to violate, the law or this agreement or which might be offensive, or that might violate the rights, harm, or threaten the safety of users or others.
7. Limitation of liability
Ownership of digital assets and NFTs on the platform is governed solely by the Zilliqa blockchain, smart contracts deployed thereon and any other blockchains that may be supported in the future. As a decentralized blockchain, there is no ability to undo, reverse, or restore any transactions made. You accept sole responsibility for any transactions made on ARK.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL ARK BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM THESE TERMS, THE SERVICE, PRODUCTS OR THIRD PARTY SITES AND PRODUCTS, OR FOR ANY DAMAGES RELATED TO LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, OR ANY INTANGIBLE LOSS AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE AND EVEN IF ARK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SERVICES, PRODUCTS OR THIRD PARTY SITES AND PRODUCTS ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA RESULTING THEREFROM.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF ARK ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS, THE ACCESS TO AND USE OF THE SERVICE, CONTENT, CRYPTO ASSETS, OR ANY PRODUCTS OR SERVICES PURCHASED ON THE SERVICE EXCEED THE GREATER OF (A) $100 OR (B) THE AMOUNT RECEIVED BY ARK FROM THE SALE OF CRYPTO ASSETS THAT ARE THE SUBJECT OF THE CLAIM.
THE FOREGOING LIMITATIONS OF LIABILITY SHALL NOT APPLY TO LIABILITY OF ARK FOR (A) DEATH OR PERSONAL INJURY CAUSED BY A MEMBER OF ARK'S NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY A MEMBER OF ARK'S FRAUD OR FRAUDULENT MISREPRESENTATION
8. Modification of services
We reserve the right in our sole discretion to modify, suspend or discontinue, temporarily or permanently, the Services (or any features or parts thereof) or suspend or discontinue the Auction at any time and without liability therefore.
9. Termination
Notwithstanding anything contained in these Terms, we reserve the right, without notice and in our sole discretion, to terminate your right to access or use the Service at any time and for any or no reason, and you acknowledge and agree that we shall have no liability or obligation to you in such event and that you will not be entitled to a refund of any amounts that you have already paid to us, to the fullest extent permitted by applicable law.
10. Severability
If any term, clause or provision of these Terms is held invalid or unenforceable, then that term, clause or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these Terms.
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