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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

  1. 1.
    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.
  2. 2.
    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.
  3. 3.
    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

  1. 1.
    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.
  2. 2.
    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.com/invite/ESVqQ3qtvk).
  3. 3.
    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.
  4. 4.
    Reference to any products, services, processes or other information does not constitute or imply endorsement, sponsorship or recommendation by ARKY.
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.com/invite/ESVqQ3qtvk).
Any infringement claim regarding content on the ARKY platform must include:
  1. 1.
    A written communication delivered to either of the above addresses;
  2. 2.
    The date of the claim;
  3. 3.
    The signature of the copyright holder, or of an agent authorized to act on the copyright holder's behalf;
  4. 4.
    Identification of the copyrighted material(s) allegedly infringed;
  5. 5.
    Reasonably sufficient identification of the material that constitutes the infringement, such that we can locate it;
  6. 6.
    Contact information that is reasonably sufficient for us to contact the complaining party;
  7. 7.
    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;
  8. 8.
    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.

Privacy Policy DRAFT

1. Introduction

At ARK, we are committed to protecting your privacy as a user on our website ("Site"). This document outlines our practices regarding the Personal Data (as defined below) we collect from users of our Site, located at zilswap.io/arky and the collective services provided on the Site ("Service"). Please read our Privacy Policy carefully.
By using our website, you hereby consent to our Privacy Policy and agree to its terms.

3. Data Collection

  1. 1.
    Information you provide us
    1. 1.
      The personal information you are asked to provide will be made clear at the point we ask you to provide your personal information. These include, but not limited to, your name, email address, social media accounts and wallet addresses. Unless otherwise stated, all input fills are mandatory.
    2. 2.
      If you contact us directly, we may receive additional information including, but not limited to your name, email address, phone number, cotents of the message and/or attachments included.
  2. 2.
    Information collected by technology
    1. 1.
      Information Collected by Our Servers. To make our Service more useful to you, our servers (which may be hosted by a third party service provider) collect information from you, including your browser type, operating system, Internet Protocol (“IP”) address (a number that is automatically assigned to your computer when you use the Internet, which may vary from session to session), domain name, Ethereum address, wallet type, and/or a date/time stamp for your visit.
    2. 2.
      Log files The Site follows a standard procedure of using log files. These files log visitors when they visit websites. All hosting companies do this and a part of hosting services' analytics. The information collected by log files include internet protocol (IP) addresses, browser type, Internet Service Provider (ISP), date and time stamp, referring/exit pages, and possibly the number of clicks. These are not linked to any information that is personally identifiable. The purpose of the information is for analyzing trends, administering the site, tracking users' movement on the website, and gathering demographic information.
    3. 3.
      Cookies Like many online services, we use cookies to collect information. “Cookies” are small pieces of information that a website sends to your computer’s hard drive while you are viewing the website. We may use both session Cookies (which expire once you close your web browser) and persistent Cookies (which stay on your computer until you delete them) to provide you with a more personal and interactive experience on our Service. This type of information is collected to make the Service more useful to you and to tailor the experience with us to meet your special interests and needs.
    4. 4.
      Pixel Tag Pixel Tags are tiny graphic images with a unique identifier, similar in function to Cookies, that are used to track online movements of Web users. In contrast to Cookies, which are stored on a user’s computer hard drive, Pixel Tags are embedded invisibly in Web pages. Pixel Tags also allow us to send e-mail messages in a format users can read, and they tell us whether e-mails have been opened to ensure that we are sending only messages that are of interest to our users. We may use this information to reduce or eliminate messages sent to a user. We do not tie the information gathered by Pixel Tags to our users’ Personal Data.
    5. 5.
      Analytics Service Providers In addition to the tracking technologies we place, other companies may set their own cookies or similar tools when you visit our Service. This includes third party analytics services, including but not limited to Google Analytics (“Analytics Services”), that we engage to help analyze how users use the Service. We may receive reports based on these parties’ use of these tools on an individual or aggregate basis. We use the information we get from Analytics Services only to improve our Service. The information generated by the Cookies or other technologies about your use of our Service (the “Analytics Information”) is transmitted to the Analytics Services. The Analytics Services use Analytics Information to compile reports on user activity. The Analytics Services may also transfer information to third parties where required to do so by law, or where such third parties process Analytics Information on their behalf. Each Analytics Services’ ability to use and share Analytics Information is restricted by such Analytics Services’ Terms of Use and Privacy Policy. By using our Service, you consent to the processing of data about you by Analytics Services in the manner and for the purposes set out above.

4. How We Use the Information

We use the information collected to maximize the service that we provide to you. These include, but not limited to:
  • Facilitate the creation of your Account
  • Identify you as a user in our system
  • Display your username next to the digital assets you wish to sell on the Site
  • Provide the Services you request, including but not limited to facilitating your cryptocurrency transaction through the supported wallets
  • Improve the quality of service when you interact with our Service
  • Send you email notifications pertaining to actions on Service, including notifications on yoUR Crypto Asset, for example, bid updates, price changes, bid accepted and more
  • To provide you with information we think you may find useful
  • To send you marketing or promotional informational related to our Service and for other marketing purposes of ARK
  • Improve and personalize your user experience on our Site
  • Understand and analyze how you use our Site
  • Find and prevent fraudulent activities

5. Disclosure of Your Personal Data

  1. 1.
    Third Party Service Providers We may share your Personal Data with third party service providers to: provide you with the Services that we offer you through our Service; to conduct quality assurance testing; to facilitate creation of accounts; to provide technical support; and/or to provide other services to the ARK.
  2. 2.
    Corporate Restructuring We may share some or all of your Personal Data in connection with or during negotiation of any merger, financing, acquisition or dissolution transaction or proceeding involving sale, transfer, divestiture, or disclosure of all or a portion of our business or assets. In the event of an insolvency, bankruptcy, or receivership, Personal Data may also be transferred as a business asset. If another company acquires our company, business, or assets, that company will possess the Personal Data collected by us and will assume the rights and obligations regarding your Personal Data as described in this Privacy Policy.
  3. 3.
    Other Disclosures We may also disclose your Personal Data, to fulfill the purpose for which you provide it; for any other purpose disclosed by us when you provide it; or with your consent. We do not sell your Personal Data.

6. Third-Party Privacy Policies

For conducting cryptocurrency transactions we use third-party electronic wallet extensions such as (but not limited to) ZilPay, Zeeves, and BoltX; your interactions with these wallet extentions and/or any third-party electronic wallet extensions are governed by the applicable privacy policies.
ARK's Privacy Policy does not apply to other websites. Thus you are advised to review the respective Privacy Policies of third party sites for more information.

7. Your Choices Regarding Information

  1. 1.
    Email Communications We will periodically send you free, opt-in newsletters and e-mails that directly promote the use of our Service. When you receive newsletters or promotional communications from us, you may indicate a preference to stop receiving further communications from us and you will have the opportunity to “opt-out” by following the unsubscribe instructions provided in the e-mail you receive or by contacting us directly. Despite your indicated e-mail preferences, we may send you occasional service related communications, including notices of updates to our Terms of Use or Privacy Policy.
  2. 2.
    You can choose to disable cookies at any point in time by instructing your browser and changing its settings, to stop accepting Cookies or to prompt you before accepting a Cookie from the websites you visit. Consult your browser’s technical information. If you do not accept Cookies, however, you may not be able to use all portions of the Service or all functionality of the Service.

8. Note on Children

We do not intentionally gather Personal Data from visitors who are under the age of 13. If a child under 13 submits Personal Data to ARK and we learn that the Personal Data is the information of a child under 13, we will attempt to delete the information as soon as possible. If you believe that we might have any Personal Data from a child under 13, please contact us immediately.

9. Changes to This Privacy Policy

ARK reserves the right to amend, modify or update this Privacy Poly 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 this Privacy Policy.