Terms of Service
Last Updated: October 27, 2023
Please read these Terms of Service (the “Terms”) carefully because they govern your use of the website and interface located at https://ethxy.com (the “Site”) and the Telegram chatbot accessible at @ethxy (the “Bot”) and other functionalities made available on the Site and Bot offered by Eth.id, Inc. a Delaware corporation (“EthXY”). To make these Terms easier to read, the Site, the Bot and our services are collectively called the “Services.” ("Service")
NOTICE ON PROHIBITED USE – RESTRICTED PERSONS: THE SERVICES ARE NOT OFFERED TO AND MAY NOT BE USED BY:
PERSONS OR ENTITIES WHO RESIDE IN, ARE CITIZENS OF, ARE LOCATED IN, ARE INCORPORATED IN, OR HAVE A REGISTERED OFFICE IN ANY RESTRICTED TERRITORY, AS DEFINED BELOW (EACH SUCH PERSON OR ENTITY FROM A RESTRICTED TERRITORY, A “RESTRICTED PERSON”).
WE DO NOT MAKE EXCEPTIONS. THEREFORE, IF YOU ARE A RESTRICTED PERSON, DO NOT ATTEMPT TO USE THE SERVICES. USE OF A VIRTUAL PRIVATE NETWORK (“VPN”) OR ANY OTHER SIMILAR MEANS INTENDED TO CIRCUMVENT THE RESTRICTIONS SET FORTH HEREIN IS PROHIBITED.
IMPORTANT NOTICE REGARDING ARBITRATION FOR U.S. RESIDENTS: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND ETHXY THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 18 “DISPUTE RESOLUTION” BELOW FOR DETAILS REGARDING ARBITRATION. HOWEVER, IF YOU ARE A RESIDENT OF A JURISDICTION WHERE APPLICABLE LAW PROHIBITS ARBITRATION OF DISPUTES, THE AGREEMENT TO ARBITRATE IN SECTION 18 WILL NOT APPLY TO YOU BUT THE PROVISIONS OF SECTION 17 (GOVERNING LAW AND FORUM CHOICE) WILL APPLY INSTEAD.
1. Agreement to Terms. By using our Services, you agree to be bound by these Terms. If you do not agree to be bound by these Terms, you are not authorized to use the Services. If you are accessing and using the Services on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms. In that case, “you”, “your”, “yourself”, “the Player” will refer to that entity.
2. Privacy Policy. Please review our Privacy Policy, which also governs your use of the Services, for information on how we collect, use and share your information.
3. Changes to these Terms or the Services. We may update the Terms from time to time in our sole discretion. If we do, we will let you know by posting the updated Terms on the Site and/or may also send other communications. It is important that you review the Terms whenever we update them or you use the Services. If you continue to use the Services after we have posted updated Terms, it means that you accept and agree to the changes. If you do not agree to be bound by the changes, you may not use the Services anymore. Because our Services are evolving over time, we may change or discontinue all or any part of the Services, at any time, and without notice, at our sole discretion.
4. Who May Use the Services?
(a) Eligibility. You may use the Services only if you are at least 18 years old or such other legal age of majority as determined by any laws which are applicable to you, capable of forming a binding contract with EthXY, not otherwise barred from using the Services under applicable law, not diagnosed or classified as a compulsive or problem gambler, not currently self-excluded from any gambling site or gambling premises. You will inform EthXY immediately if you enter into a self-exclusion agreement with any gambling provider.
(b) Compliance. In order to protect the integrity of the Services, we reserve the right, at any time, in our sole discretion, to block access to the Services from certain IP addresses and unique device identifiers. EthXY expressly prohibits and rejects the use of the Service for any form of illicit activity, including money laundering, terrorist financing or trade sanctions violations, consistent with various jurisdictions' laws, regulations and norms. To that end, the Service is not offered to individuals or entities subject to United States, European Union, or other global sanctions or watch lists. By using the Service, you represent and warrant that you are not so subject.
(c) Jurisdictions. Persons located in or reside in Afghanistan, Australia, Belarus, Belgium, Colombia, Côte d'Ivoire, Cuba, Curaçao, Czech Republic, Democratic Republic of the Congo, Denmark, France, Germany, Greece, Iran, Iraq, Italy, Liberia, Libya, Lithuania, Netherlands, North Korea, Ontario, Portugal, Serbia, Slovakia, South Sudan, Spain, Sudan, Syria, Switzerland, United Kingdom, United States, Zimbabwe (the "Restricted Territory") are not permitted make use of the Service. For the avoidance of doubt, the foregoing restrictions on engaging in real-money play from Prohibited Jurisdictions applies equally to residents and citizens of other nations while located in a Prohibited Jurisdiction. Any attempt to circumvent the restrictions on play by any persons located in a Prohibited Jurisdiction or Restricted Jurisdiction, is a breach of this Agreement. An attempt at circumvention includes, but is not limited to, manipulating the information used by EthXY to identify your location and providing EthXY with false or misleading information regarding your location or place of residence.
(d) Breach. The attempt to manipulate your real location through the use of VPN, proxy, or similar services or through the provision of incorrect or misleading information about your place of residence, with the intent to circumvent geo-blocking or jurisdiction restrictions, constitutes a breach of this Terms of Service.
5. About the Services.
(a) Our Services. Our Services facilitate interaction with certain decentralized cryptographic protocols (“Protocols”) to help users license a unique name (each a “character”) from the EthXY and associate it on the Site with a third-party website URL, social media handle, cryptocurrency wallet address, email address, location data, text data, non-fungible tokens (“NFTs”), or other online data provided by the user (the “Associated Data”) and execute transactions on the decentralized blockchain(s) supported by the Services (“Blockchain”) to purchase, trade, and sell NFTs in accordance with these Terms . You need to register for an account to access some or all of our Services, including to purchase an EthXY character license and associate your EthXY character with your Associated Data. You are responsible for your account and any activity on it. Please safeguard your account and make sure others don't have access to your account or passwords and other authentication credentials.
(i) You may participate in the Services by linking your digital wallet(s) on supported bridge extensions, which allows you to purchase, store, and engage in transactions using supported digital assets. Before putting up your unique digital asset for sale or putting in an offer to purchase a unique digital asset from another user, we will ask you to download a supported electronic wallet extension and connect and unlock your digital wallets with that extension. Once you submit an order to purchase or sell a unique digital asset, your order is passed on to the applicable extension, which completes the transaction on your behalf. EthXY makes available to Site users use or access to the EthXY Registry, Site and Discord server, the ability to license and associate an EthXY character with Associated Data, resolve queries of an EthXY character on the EthXY Registry to the Associated Data, and obtain related services through the Site. All references to Services in these Terms include EthXY characters unless otherwise specified.
(ii) THE SERVICES ARE ONLY AN INTERFACE WITH THE PROTOCOLS AND BLOCKCHAIN, WHICH WE DO NOT OWN OR CONTROL. WE ARE NOT A MARKETPLACE FACILITATOR, A BROKER, FINANCIAL INSTITUTION, OR CREDITOR. WE ARE NOT A PARTY TO ANY AGREEMENT BETWEEN THE PURCHASER AND SELLER (AS DEFINED BELOW) OF NFTS OR BETWEEN ANY USERS OF THE SERVICES.
(iii) YOU BEAR FULL RESPONSIBILITY FOR VERIFYING THE LEGITIMACY AND AUTHENTICITY OF NFTS YOU PURCHASE.NOTWITHSTANDING INDICATORS AND MESSAGES THAT SUGGEST VERIFICATION, ETHXY MAKES NO CLAIMS ABOUT THE LEGITIMACY, OR AUTHENTICITY OF ANY NFTS.
(b) Transactions Are Conducted on the Blockchain. EthXY does not buy, sell, or take custody or possession of any NFTs, nor does it act as an agent or custodian for any user of the Services. To list an NFT for sale, such NFT must be sent to a Blockchain-based listing smart contract, which is deployed by a third- party Protocol (the “Protocol”). The Protocol is designed to release each such NFT is released automatically upon consummation of its sale through the Blockchain, and we do have any insight into or control over this process. If you elect to purchase, trade or sell any NFTs, any transactions that you engage in will be conducted solely through the Blockchain on which such NFT is recorded. You will be required to make or receive payments exclusively through the digital wallet that you have connected to the Services. We will have no insight into or control over these payments, nor do we have the ability to reverse any payments or transactions. Accordingly, we will have no liability to you or to any third party for any claims or damages that may arise as a result of any transactions that you engage in via the Services. There may be royalties associated with the secondary sale of any NFT. You acknowledge and agree that the payment of any such royalty shall, in certain circumstances, be programmed to be self-executing via a Blockchain’s non-fungible token standard and EthXY does not have any control or ability to direct such funds or the obligation to collect such fees.
(c) Terms Applicable to Purchasers and Sellers. If you are using the Services to facilitate the purchase of NFTs, you are a “Purchaser,” and if you are using the Services to facilitate the sale of NFTs, you are a “Seller.” If you are either a Purchaser or Seller, you agree to the following additional terms:
(i) Purchase Terms. NFTs are subject to terms agreed upon directly between Purchasers and Sellers (e.g., with respect to the use of the NFT Content (as defined below), or utility associated with a given NFT) (“Purchase Terms”). Seller is also responsible for defining the price to be paid for the NFT. EthXY is not a party to any such Purchase Terms, which are solely between the Purchaser and the Seller, and is not responsible for ensuring compliance with such the Purchase Terms or mediating or resolving any disputes with respect to the Purchase Terms. Purchaser and Seller are entirely responsible for communicating, agreeing to, and enforcing Purchase Terms. Seller must comply with and fulfill the Purchase Terms with respect to any NFTs that it sells. When you purchase an NFT, you own all personal property rights to the electronic record that comprises the NFT (i.e., the right to sell or otherwise dispose of that NFT). Unless expressly specified in the Purchase Terms, such rights, however, do not include the ownership of the intellectual property rights in any artwork, digital content or other intellectual property to which the NFTs are linked (“NFT Content”). Rather, unless specified otherwise in the Purchase Terms, you have a license to use the NFT Content solely for the following purposes: (1) for Purchaser’s own personal, non-commercial use; (2) attempts to sell or otherwise dispose of the NFT consistent with the ownership of it; and (3) as part of a third party offering compatible with the purchased NFT in the normal course of the permitted end-use of such offering.
(ii) Transaction Fees. Transactions facilitated by the Services may be subject to fees that EthXY collects to support the NFT creators and the Services, as posted on the Site or otherwise set forth in these Terms, and you agree to pay such fees. You further agree to pay all other fees applicable to the transactions facilitated by the Services, including Gas Fees (as defined below) and hosting fees, in connection with transactions on the Site. “Gas Fees” mean the fees that fund the network of computers that run the decentralized blockchain network, meaning that you will need to pay a Gas Fee for each transaction that occurs via the blockchain network. If you are a Seller, you authorize EthXY to automatically charge you for any fees due to EthXY under these Terms or deduct such fees (including the Transaction Fee defined below) directly from your amounts paid to you by the Purchaser.
(iii) Payments due to Seller. If you are a Seller, will receive Revenue less the Transaction Fee for each initial sale of your NFT facilitated by the Services, where “Revenue” means the gross amount paid by the Purchaser for the NFT, and “Transaction Fee” means the percentage of the Revenue generated from the initial sale of your NFT that is determined and listed by you on the Services listing interface, when listing your NFT for sale. The Transaction Fee may be changed from time to time prior to being agreed to on the listing interface with respect to such NFT.
(iv) Taxes. Each party shall be responsible for all Taxes imposed on its income or property. Purchasers will be responsible for paying all such fees. As used herein, “Taxes” means the taxes, duties, levies, tariffs, and other charges imposed by any federal, state, multinational or local governmental or regulatory authority.
(d) Suspension or Termination. We may suspend or terminate your access to the Services at any time in connection with any transaction as required by applicable law, any governmental authority, or if we, in our sole and reasonable discretion, determine you are violating these Terms or the terms of any third-party service provider. Such suspension or termination shall not constitute a breach of these Terms by EthXY. In accordance with its anti-money laundering, anti-terrorism, anti-fraud, and other compliance policies and practices, EthXY may impose reasonable limitations and controls on the ability of you or any beneficiary to utilize the Services. Such limitations may include, where good cause exists, rejecting transaction requests, freezing funds, or otherwise restricting you from using the Services.
(e) Account
(i) These Terms and Conditions come into force as soon as you complete the registration process, which includes inputting your email and successfully creating an account. By using any part of the Service following account creation, you agree to these Terms and Conditions applying to the use of the Service.
(ii) In order for you to be able to play on EthXY, you must first personally register an account with us ("EthXY Account").
(iii) For a person to be registered as a player with EthXY and use the Service, that person must submit an application for registration and opening of a EthXY account. The application for the opening of the EthXY Account must be submitted personally, and will require You to provide a set of personal information, namely e-mail.
(iv) Where the information is not provided and/or is not deemed to be complete, accurate or up-to-date at any point in time, EthXY reserves the right to suspend the EthXY Account registration and treat any subsequent potentially accepted deposits to the Player’s EthXY Account as invalid (and any winnings arising from such deposit as void). Where a EthXY Account is suspended, You should contact customer support at support@eth.id.
(v) All applicants must be 18 or such other legal age of majority as determined by any laws which are applicable to you, whichever age is greater or older. EthXY reserves the right to ask for proof of age from any Player and suspend their EthXY Account until satisfactory documentation is provided.
(vi) EthXY will not accept registration from individuals:
(1) Under 18 years old or under the legal age of majority or gambling in their jurisdiction;
(2) Residing in jurisdictions from where it is illegal or gambling is not permitted. EthXY is not able to verify the legality of the Service in each jurisdiction and it is the User's responsibility to ensure that their use of the Service is lawful;
(3) Provide misleading information or try to pass by third parties.
(vii) EthXY reserves the right to refuse any application for a EthXY Account, at its sole discretion.
(f) Know Your Customer
(i) You represent and warrant that any information provided by You on Your application form is true, updated and correct.
(ii) EthXY reserves the right, at any time, to ask for any KYC documentation it deems necessary to determine the identity and location of a Player. EthXY reserves the right to restrict the Service, payment or withdrawal until identity is sufficiently determined, or for any other reason in EthXY’s sole discretion. EthXY also reserves the right to disclose a Player’s information as appropriate to comply with legal process or as otherwise permitted by the privacy policy of EthXY, and by using the Service, you acknowledge and consent to the possibility of such disclosure.
(g) Multiple Accounts
(i) Only one EthXY Account per Player is allowed. Should You attempt or successfully open more than one EthXY Account, under Your own name or under any other name, or should You attempt or succeed in using the Service by means of any other person's EthXY Account, EthXY will be entitled to immediately close all Your EthXY Account(s), retain all monies in such EthXXY Accounts and ban You from future use of the Service.
(ii) Should EthXY have reason to believe that You have registered and/or used more than one EthXY Account, or colluded with one or more other individuals using a number of different EthXY Accounts, EthXY shall be entitled to deem such accounts as constituting multiple EthXY Accounts, and suspend or close all such EthXY Accounts. EthXY will also be entitled to retain the funds till the Player proves that he did not attempt to create multiple accounts.
(iii) If you notice that you have more than one registered EthXY Account you must notify us immediately. Failure to do so may lead to your EthXY Account being blocked and the funds retained.
(h) User Responsibility
(i) It is your sole and exclusive responsibility to ensure that your login details are kept securely. You must not disclose your login details to anyone.
(ii) We are not liable or responsible for any abuse or misuse of your EthXY Account by third parties due to your disclosure, whether intentional, accidental, active or passive, of your login details to any third party.
(iii) You are prohibited from selling, transferring or acquiring EthXY Accounts to or from other Players.
(iv) You will inform us as soon as you become aware of any errors with respect to your account or any calculations with respect to any bet you have placed. We reserve the right to declare null and void any bets that are subject to such an error.
(v) You are responsible for all activities that occur under your account.
(i) Suspension and Closure by EthXY
(i) EthXY shall be entitled to close or suspend Your EthXY Account if:
(1) EthXY considers that You are using or have used the Website in a fraudulent or collusive manner or for illegal and/or unlawful or improper purposes;
(2) EthXY considers that You are using or have used the Website in an unfair manner, have deliberately cheated or taken unfair advantage of EthXY or any of its customers or if Your EthXY Account is being used for the benefit of a third party;
(3) EthXY is requested to do so by the police, any regulatory authority or court or if EthXY is unable to verify Your identity, profession or source of funds as is expressly required by the applicable regulations;
(4) You are in breach of these Terms and Conditions, the applicable regulations or the fair use of our services, or EthXY has concerns that You are a compulsive problem gambler without being self-excluded;
(5) EthXY considers that any of the events referred to in (1) to (4) above may have occurred or are likely to occur.
(ii) If EthXY closes or suspends Your EthXY Account for any of the reasons, You shall, to the extent permitted by applicable laws, be liable for any and all claims, direct losses, liabilities, damages, costs and expenses incurred or suffered by EthXY (together, the “Claims”) arising therefrom and shall, to the extent permitted by applicable laws, indemnify and hold EthXY harmless on demand for such Claims.
(iii) EthXY shall also be entitled to void any bets placed by You following such actions by You or to withhold and/or retain any and all amounts which would otherwise have been paid or payable to you (including any winnings) to the extent permitted by law.
(iv) We reserve the right to suspend or terminate your account at any time, with or without notice, if we suspect that you account has been compromised or is being used in breach of our Terms of Service.
(j) Our Liability
(i) We take no responsibility for any loss or damage that you may suffer as a result of unauthorised access to your account.
(ii) We take no responsibility for any loss or damage that you may suffer as a result of your failure to keep your login secure and private.
(k) Funds & Tax
(i) You are solely responsible for reporting and accounting for any taxes applicable to you under relevant laws for any winnings that you receive from us;
(ii) You are solely responsible for any applicable taxes which may be payable on cryptocurrency awarded to you through your using the Service;
(iii) There is a risk of losing cryptocurrency when using the Service and that EthXY has no responsibility to you for any such loss;
(iv) You will not deposit funds which originate from criminal or other unauthorized activity;
(v) You will not deposit funds using payment methods that do not belong to You;
(vi) All the funds deposited shall exclusively be used for Services available on the Service;
(vii) You will not withdraw or try to withdraw to a payment methods that do not belong to You;
(viii) You understand that by participating in the Service, You take the risk of losing money deposited.
(ix) You accept and acknowledge that the value of cryptocurrency can change dramatically depending on the market value;
(x) EthXY shall not be treated as a financial institution;
(l) Deposits
(i) You may participate in any Game only if you have sufficient funds on your EthXY Account for such participation. For that purpose you shall use the payment methods available on the Service to deposit your funds. EthXY will not give you any credit whatsoever for participation in any Game.
(ii) You must deposit funds to Your EthXY Account using the payment methods available through the Service.
(iii) You shall ensure that funds that You deposit into your EthXY Account are not tainted with any illegality and, in particular, do not originate from any illegal activity or source.
(iv) To deposit funds into your EthXY Account, you can transfer funds from crypto-wallets under your control or through any other payment methods available on the Service. Deposits can only be made with your own funds.
(v) You should only deposit money into Your account for the purpose of You using such money to place bets/wager on the Service. EthXY is entitled to suspend or close Your account if we reasonably believe that You are depositing funds without any intention to place gaming wagers. In such circumstances we may also report this activity to relevant authorities.
(vi) You acknowledge and understand that funding Your EthXY Account can only be funded by payment methods owned by You.
(vii) You further understand, agree and acknowledge that if EthXY discovers, detects and/or identifies that You:
(1) Funded/are funding Your EthXY Account using third party payment methods; and/or
(2) Funded/are funding Your EthXY Account with funds that are tainted with illegality, such activity will be deemed as constituting a violation of the Terms of Service amounting to fraud, and by extension:
a. EthXY reserves the right, at its own discretion, to suspend or close Your EthXY Account; and
b. EthXY reserves the right, at its own discretion, to cancel, reverse or adjust any transactions and to forfeit funds deposited and/or winnings generated from the deposited funds.
(viii) EthXY can set at its own discretion a minimum deposit amount. The minimum deposit amount can be changed at all time at EthXY’s discretion and will be identified on the website. Please be aware that depending on the payment method used by You, additional fees might be charged by the payment providers.
(ix) The payment methods made available to you and the minimum and maximum deposit limit can be found in the wallet section on the Site. Applicable service fees may be applied and changed. Some payment methods may not be available in all countries.
(x) Deposits are immediately processed and the updated balance is shown in the EthXY Account instantly whenever a payment service provider is used. EthXY does not take responsibility for any delays caused due to its payment system or due to delays caused by any third party. Note that:
(1) some payment methods may include additional fees. In this case, the fee will be clearly visible for you in the cashier.
(2) your bank or payment service provider may charge you additional fees for deposits of currency conversion according to their terms and conditions and your user agreement.
(xi) We reserve the right to use additional procedures and means to verify your identity when processing deposits into your EthXY Account.
(xii) Funds cannot be transferred from your EthXY Account to the EthXY Account of another Player.
(xiii) EthXY can refuse any deposits at its own discretion. Users that have their accounts blocked, or suspended shall refrain from depositing using the Service.
(xiv) In the event that a player tries to deposit when his account is blocked or suspended, EthXY will have the right to retain the funds.
(m) Withdrawals
(i) EthXY reserves the right to refuse any withdrawal by a Player from their EthXY Account until:
(1) the Player’s identity has been verified and EthXY has confirmed the withdrawal is being made by a holder of the EthXY Account;
(2) the withdrawal is being transferred to an account of which the Player is a legal holder;
(3) any additional information requested by EthXY has been provided; and
(4) the Player has complied with the minimum wager requirement for each deposit.
(ii) EthXY reserves all rights to investigate Your account and gaming activity. If EthXY reasonably suspects that Your account or gaming activity has violated these terms of service or applicable laws or regulations, it may, in its sole discretion, delay or decline further deposits, withdrawals and/or game play while it conducts its investigation. You acknowledge and accept that EthXY may not be in a position to provide an explanation as to the nature of its investigation.
(iii) All withdrawals must be done through the same payment method chosen by you when placing a deposit, unless we decide otherwise or are unable to do so. If you deposit using a number of payment methods, we reserve the right to split your withdrawal across such payment methods and process each part through the respective payment method at our discretion and in accordance with anti-money laundering policies and regulation.
(iv) If we mistakenly credit your EthXY Account with winnings that do not belong to you, whether due to a technical error in the pay-tables, or human error or otherwise, the amount will remain our property and will be deducted from your EthXY Account. If you have withdrawn funds that do not belong to you prior to us becoming aware of the error, the mistakenly paid amount will (without prejudice to other remedies and actions that may be available at law) constitute a debt owed by you to us. In the event of an incorrect crediting, you are obliged to notify us immediately by email.
(v) Crypto withdrawals will be made to your stated cryptocurrency wallet address when making a valid withdrawal request.
(vi) EthXY reserves the right to carry out additional KYC verification procedures for any withdrawal. Players who wish to recover funds held in a closed, locked or excluded account, are advised to contact support@eth.id
(vii) All transactions shall be checked in order to prevent money laundering. If a player becomes aware of any suspicious activity relating to any of the Games of the Website, s/he must report this to EthXY immediately. EthXY may suspend, block or close a EthXY Account and withhold funds if requested to do so in accordance with the Prevention of Money Laundering Act or on any other legal basis requested by any state authority. You acknowledge that the funds in your account are consumed instantly when playing and we do not provide return of goods, refunds or retrospective cancellation of your account.
(n) Player funds protection & chargebacks
(i) Any funds You deposit with us in Your EthXY Account, along with any winnings, are held for You in separate customer crypto wallets for the sole and specific purpose for You to place gaming wagers and to settle any fees or charges that You might incur in connection with the use of our Services. This means Your funds are protected from being used for any other purpose.
(ii) If we incur any charge-backs, reversals or denial of payments or any loss suffered by EthXY as a consequence thereof due to causes attributable to You in respect of Your EthXY Account, we reserve the right to charge You for the relevant amounts incurred.
(iii) We may, at any time, offset any positive balance on Your account against any amounts owed by You to EthXY.
(o) Placing bets/wagers
(i) You are allowed to place Your bets/wagers on the markets/products offered in the Service. EthXY is not obliged to accept any bet/wager from You and bets/wagers will only be deemed as valid and finalised, and therefore as accepted by EthXY, when You receive the confirmation from EthXY of the acceptance of Your bet/wager.
(ii) EthXY only accepts bets/wagers made online (including via mobile device). Bets/wagers are not accepted in any other form (post, email, fax, etc.) and where received will be invalid and void - win or lose.
(iii) It is Your responsibility to ensure details of the bets/wagers are correct. Once bets/wagers have been placed they may not be cancelled by You. EthXY can only cancel or amend a bet/wager if there was an obvious error on the relevant bet or its odds, if the bet is placed in breach of the Terms or if required to do so for legal or regulatory reasons.
(iv) Your funds will be allocated to bets/wagers in the order they are placed and will not be available for any other use. EthXY reserves the right to void and/or reverse any transactions made after a bet/wager has been placed involving allocated funds, either at the time or retrospectively.
(p) Bet/wager confirmation
(i) Bets/wagers will only be valid once You receive the confirmation of the acceptance of Your bet/wager. Bets/wagers placed with insufficient funds in Your account will be void.
(ii) A bet/wager that You request will only be valid once accepted by EthXY. Each valid bet/wager will receive a unique transaction code. We shall not be liable for the settlement of any bets/wagers which are not issued with a unique transaction code. If You are unsure about the validity of a bet/wager, please check Your account history, or contact our Customer Support Team (support@eth.id)
(iii) Should a dispute arise regarding the content of a bet, You and EthXY agree that the EthXY transaction log database of its internal control system will be the ultimate authority in such matters.
(q) Bonus
(i) EthXY, at its sole discretion, might offer from time to time, a number of Bonuses and Promotions. For example, High Hand Jackpot, Weekly Jackpot, Bad Beat Jackpot.
(ii) Eligibility. Upon successful registration for a EthXY Account, You may be eligible to receive EthXY Promotions and Bonuses. By accepting this agreement and registering for a EthXY Account on the Website, You are also acknowledging and accepting to be bound by the rules and regulations associated with any Promotions and Bonuses offered to You by EthXY.
(iii) Bonus T&C. All promotions, bonuses, or special offers are subject to the express terms of any bonus offered on the Service and promotion-specific terms and conditions, if applicable, and any bonus credited to Your account must be used in adherence with such terms and conditions. By accepting a promotion, bonus, or special offer available on the Website(s), You consent to the terms and conditions of such promotion, bonus, or special offer and acknowledge that wagers must always be placed with cash balances before bonus balances can be used to wager. We reserve the right to withdraw any promotion, bonus, or special offer at any time.
(iv) Activation & Expiry.
(1) By activating a Bonus or Promotion, You confirm that You also agree to the applicable terms and conditions.
(2) No promotion, bonus, or special offer will be accepted or honored by EthXY following the expiration date of the promotion, bonus, or special offer, unless EthXY in its sole discretion chooses to do so for any particular customer, promotion, bonus, or special offer. Expiration dates will be set forth in the specific rules or terms and conditions of the particular promotion, bonus, or special offer. Furthermore, EthXY reserves the right, in its sole discretion, to change or modify any policy with respect to the earning or expiration of bonuses.
(3) Once forfeited or de-activated, the Bonus will no longer be available to You (and cannot be re-activated at any time thereafter). The amount of any Bonus Funds that have already been credited to your EthXY Account Balance will remain available to You.
(v) Bonus Abuse & Fraud.
(1) In the event that EthXY believes a Player of the Service is abusing or attempting to abuse a bonus or other promotion or is likely to benefit through abuse or lack of good faith from a policy adopted by EthXY, then EthXY may, at its sole discretion, deny, withhold, or withdraw from any Player any bonus or promotion, or terminate that Player’s access to the Services, and/or lock that Player’s account, either temporarily or permanently.
(2) You may only open one (1) account on the Service. The opening of multiple accounts on the Service for the purpose of accumulating bonuses, promotions, special offers, or otherwise, shall be considered abusive behavior.
(vi) EthXY rights.
(1) EthXY reserves the right to remove bonuses from all inactive accounts or accounts that are identified as “bonus abusers”.
(2) EthXY reserves the right to cancel all bonuses that have not been claimed within the claiming period or 60 days, the shorter of the two.
(3) EthXY reserves the right to cancel any bonus at its sole discretion.
(r) Others
(i) Your use of the Service is at your sole option, discretion and risk;
(ii) You will not conduct criminal activities through the EthXY Account;
(iii) All information that you provide to us during the term of validity of this agreement is true, complete, correct, and that you shall immediately notify us of any change of such information;
(iv) You participate in the Games strictly in your personal and non-professional capacity and participate for recreational and entertainment purposes only;
(v) You participate in the Games on your own behalf and not on the behalf of any other person;
(vi) You have only one account with us and agree to not to open any more accounts with us;
(vii) The telecommunications networks and Internet access services required for you to access and use the Service are entirely beyond the control of EthXY and EthXY shall have no liability whatsoever for any outages, slowness, capacity constraints or other deficiencies affecting the same;
(viii) You will not be involved in any fraudulent, collusive, fixing or other unlawful activity in relation to Your or any third parties’ participation in any of the games and/or services on the Website, and shall not use any software-assisted methods or techniques or hardware devices for Your participation in any of the games and/or services on the Service;
(ix) In case of a breach of any of the representations, warrants or covenants mentioned, EthXY reserves the right to close or suspend Your EthXY account at its own discretion and void any bets to the extent applicable by law.
(s) Prohibited Use
(i) Personal use. The Service is intended solely for the User's personal use. The User is only allowed to wager for his/her personal entertainment. Users may not create multiple accounts for the purpose of collusion, and/or abuse of service.
(t) Your Equipment
(i) Your computer equipment or mobile device and internet connection may affect the performance and/or operation of the Service. EthXY does not guarantee that the Service will operate without faults or errors or that EthXY services will be provided without interruption. EthXY does not accept any liability for any failures or issues that arise due to Your equipment, internet connection or internet or telecommunication service provider (including, for example, if You are unable to place bets or wagers or to view or receive certain information in relation to particular events).
(ii) For customers using a mobile device for the placing of bets/wagers, please note that EthXY will not be responsible for any damage to, or loss of data from the mobile device that the software is installed on, and will also not be responsible for any call, data or other charges incurred whilst using the software.
(iii) Due to limited display sizes on mobile devices, the mobile experience might differ slightly from other platforms. Differences might include, but are not limited to, the location of certain information on the platform and game names not being visible on all game pages.
(u) Fair Use
(i) The Service may only be used for recreational purposes by placing bets and wagers on gaming products.
(ii) You must not use the Website for the benefit of a third party or for any purpose which is illegal, defamatory, abusive or obscene, or which EthXY considers discriminatory, fraudulent, dishonest or inappropriate. EthXY may report to the authorities any activity which it considers to be suspicious and/or in breach of this paragraph.
(iii) If EthXY has a reasonable suspicion that You are involved in fraudulent, dishonest or criminal acts, as set out under applicable laws, via or in connection with the Website or Services, EthXY may seek criminal and contractual sanctions against You. EthXY will withhold payment to any customer where any of these are suspected or where the payment is suspected to be for the benefit of a third party.
(iv) You shall indemnify and shall be liable to pay EthXY, on demand, all costs, charges or losses sustained or incurred by us and our affiliates (including any direct, indirect or consequential losses, loss of profit and loss of reputation) in respect of all Claims arising directly or indirectly from Your fraudulent, dishonest or criminal acts while using the Service
(v) Furthermore, we reserve the right not to accept, process and/or honor bets/wagers where it would be forbidden, unlawful or illegal under applicable law or regulation to do so.
(v) Software and Technology Issues
(i) In order for You to use the Service, You may need to download some software (for example, Telegram to access the Bot). Also, certain third party product providers may require You to agree to additional terms and conditions governing the use of their products that are available on or through the Service. If You do not accept those third party terms and conditions, do not use the relevant third party software. EthXY does not accept any liability in respect of any third party software.
(ii) You are only permitted to use any and all software made available to You via the Service for the purpose of using the Service and, save to the extent permitted by applicable law, for no other purposes whatsoever.
(iii) We hereby grant to You a personal, non-exclusive, non-transferable right to use the Service for the sole purpose of accessing and using the Service, in accordance with these Terms and Conditions. This right to use our Service and will be immediately terminated once Your user registration is cancelled for any reason, and specially, but not limited to, if You make use of that right with the aim of generating a parallel enterprise based in our Service or our products, or with the aim of making use of an automated service or software analyzing, capturing or somehow using the information shown in our Service.
(iv) Except to the minimum extent permitted by applicable law in relation to computer programs, You are not permitted to: (i) translate, reverse engineer, decompile, disassemble, modify, create derivative works based on, or otherwise modify the Service; or (ii) reverse engineer, decompile, disassemble, modify, adapt, translate, make any attempt to discover the source code of the software that forms part of the Service or to create derivative works based on the whole or on any part of the Service.
(v) You do not own the software that forms part of the Service. Such software is owned and is the exclusive property of EthXY. Your use of the software does not give You ownership of any intellectual property rights in the software.
(vi) In the event of communications or system errors occurring in connection with the settlement of accounts or other features or components of the software, EthX will have any liability to You or to any third party in respect of such errors. EthXY reserves the right in the event of such errors to remove all relevant products from the Service and take any other action to correct such errors.
(vii) EthXY shall not be liable if for any reason the Service is unavailable at any time or for any period. We reserve the right to make changes or corrections to or to alter, suspend or discontinue any aspect of the Service and the content or services or products available through it, including Your access to it.
(viii) You must not misuse the Service by introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. In particular, You must not access the Service without authority, interfere with, damage or disrupt the Service or any part of it, any equipment or network on which the Service is hosted, any software used in connection with the provision of the Service, or any equipment, software or website owned or used by a third party. You must not attack our Service via a denial-of-service attack. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect Your computer equipment, computer programs, data or other proprietary material arising due to Your use of the Service or to Your downloading of any material posted on it, or on any website linked to it.
(w) Third Party Content
(i) EthXY receives feeds, commentaries and content from a number of suppliers. Certain third party product providers may require You to agree to additional terms and conditions governing the use of their feeds, commentaries and content. If You do not accept the relevant third party terms and conditions, You agree to not use the relevant feeds, commentaries or content.
(ii) EthXY does not accept any liability in respect of any third party feeds, commentaries and content.
(iii) Where the Website contains links to third party websites and resources, these links are provided for Your information only. EthXY has no control over the content of these sites or resources, and accepts no liability for them or for any loss or damage that may arise from Your use of them. The inclusion of a link to a third party website does not constitute an endorsement of that third party’s website, product or services, if applicable.
(x) Errors. EthXY will not be liable in the event You try to or obtain an advantage from any errors in respect of bets or wagers on the Service if You were deliberately acting in bad-faith, including where: (i) there is an obvious error in the relevant odds, spreads, handicap, totals, cash-out; (ii) EthXY continues to accept bets or wagers on closed or suspended markets; (iii) EthXY incorrectly calculates or pays a settlement amount, including where a bet is Cashed Out for the full settlement amount, or a bet is made void incorrectly, where ‘Void if player does not start’ was selected at bet placement; or (iv) any error occurs in a random number generator or pay tables included, incorporated or used in any game or product.
(y) Breach
(i) Without prejudice to any other rights, if a User breaches in whole or in part any provision contained herein, EthXY reserves the right to take such action as it sees fit, including terminating this Agreement or any other agreement in place with the User and/or taking legal action against such User.
(ii) You agree to fully indemnify, defend and hold harmless EthXY and its shareholders, directors, agents and employees from and against all claims, demands, liabilities, damages, losses, costs and expenses, including legal fees and any other charges whatsoever, howsoever caused, that may arise as a result of:
(1) your breach of this Agreement, in whole or in part;
(2) violation by you of any law or any third party rights; and
(3) use by you of the Service.
(z) Limitations and liability
(i) Under no circumstances, including negligence, shall EthXY be liable for any special, incidental, direct, indirect or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use (or misuse) of the Service even if EthXY had prior knowledge of the possibility of such damages.
(ii) Nothing in this Agreement shall exclude or limit EthXY's liability for death or personal injury resulting from its negligence.
(aa) Intellectual Property
(i) EthXY is the sole holder of all rights in and to the Service and code, structure and organization, including copyright, trade secrets, intellectual property and other rights. You may not, within the limits prescribed by applicable laws: (a) copy, distribute, publish, reverse engineer, decompile, disassemble, modify, or translate the Service; or (b) use the Service in a manner prohibited by applicable laws or regulations. EthXY reserves any and all rights implied or otherwise, which are not expressly granted to the User hereunder and retain all rights, title and interest in and to the Service. You agree that you will be solely liable for any damage, costs or expenses arising out of or in connection with the commission by you of any Unauthorized Use. You shall notify EthXY immediately upon becoming aware of the commission by any person of any Unauthorized Use and shall provide EthXY with reasonable assistance with any investigations it conducts in light of the information provided by you in this respect.
(bb) Miscellaneous
(i) No waiver by EthXY of any breach of any provision of this Agreement (including the failure of EthXY to require strict and literal performance of or compliance with any provision of this Agreement) shall in any way be construed as a waiver of any subsequent breach of such provision or of any breach of any other provision of this Agreement.
(ii) Nothing in this Agreement shall create or confer any rights or other benefits in favor of any third parties not party to this Agreement.
(iii) Nothing in this Agreement shall create or be deemed to create a partnership, agency, trust arrangement, fiduciary relationship or joint venture between you and EthXY.
(iv) EthXY may assign, transfer, charge, sub-license, or deal in any other manner with this Agreement, or sub-contract any of its rights and obligations under this Agreement, to any other party.
(v) This Agreement constitutes the entire understanding and agreement between you and EthXY regarding the Service and supersedes any prior agreement, understanding, or arrangement between you and EthXY.
6. Purchasing an EthXY Domain License. This Section 6 only applies if you purchase an EthXY character license as part of our Services.
(a) To purchase an EthXY character license, you need to place an order for your desired EthXY character license through your account. You agree to pay all fees due for an EthXY character license at the time you order the EthXY character license, according to EthXY’s current character license fee schedule.
(b) You may purchase an EthXY character license by entering the payment method in your account page. If for any reason EthXY is not able to receive the payment from the payment method in your account when you purchase an EthXY character license, your EthXY character license will expire without warning.
(c) EthXY may modify its EthXY character license fee schedule at any time. EthXY will attempt to provide reasonable notice regarding modifications through posts on the Site which, once posted, are effective immediately with respect to future EthXY character license purchases without further notice. All EthXY character license purchases will be subject to these Terms, including the limited license set forth below, and will be non-refundable unless otherwise agreed upon in writing.
(i) If you purchase a license to an EthXY character in accordance with this Section, and subject to your compliance with these Terms, you are hereby granted a limited, exclusive, non-sublicensable, non-transferable, revocable license to access, copy, display, distribute and use the Services solely for the purpose of allowing third-parties to perform lookups of Associated Data associated to such EthXY character via the Company’s application programming interface.
(d) EthXY may collect a 10% fee and/or commission (each, a “Transaction Fee”) on the total value of any EthXY character transaction you undertake with your EthXY character. The applicable Transaction Fee will be determined by EthXY from time to time in its sole discretion and, if applicable, will be communicated to EthXY character owners at least thirty (30) days prior to going into effect.
(e) From time to time, EthXY may offer licenses consisting of other digital assets (“EthXY items”) that EthXY may issue to users of the Services. EthXY items are offered and sold subject to the terms of sale (if any) specified at the time of sale.
(f) Except as required by law, all EthXY character license purchases are final and non-refundable. No refunds, returns or exchanges will be permitted for any reason. ALL SALES ARE FINAL.
7. Feedback. We appreciate feedback, comments, ideas, proposals and suggestions for improvements to the Services (“Feedback”). If you choose to submit Feedback, you agree that we are free to use it without any restriction or compensation to you.
8. Your Content and Associated Data.
(a) Posting Content and Associated Data. Our Services may allow you to store or share content such as text (in posts or communications with others), files, documents, graphics, images, music, software, audio and video and also may allow you and other users to associate an EthXY character with Associated Data through your account. Anything (other than Feedback) that you post or otherwise make available through the Services is referred to as “User Content”. User Content includes NFT Content and Associated Data. EthXY does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to your User Content. Except for the license you grant below, you retain all rights in and to the Associated Data that you associate with your EthXY character, as between you and EthXY. You may not associate or otherwise share any Associated Data that violates these Terms, that is confidential, or for which you do not have all the rights necessary to disclose and to grant us the license described below. In addition to the requirements in Section 9 below, you represent and warrant that your Associated Data, and our use of such Associated Data as permitted by these Terms, will not violate any rights of or cause injury to any person or entity. Although we have no obligation to screen, edit or monitor Associated Data, we may delete or remove your Associated Data at any time and for any reason with or without notice.
(b) Permissions to Your User Content. By making any User Content available through the Services you hereby grant to EthXY a non-exclusive, transferable, worldwide, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works based upon, distribute, publicly display, and publicly perform your User Content in connection with operating and providing the Services. By associating an EthXY character with Associated Data through your account, you grant EthXY and its subsidiaries and affiliates a nonexclusive, royalty-free, worldwide, fully paid, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display your Associated Data and any name, username or likeness provided in connection with your Associated Data in all media formats and channels now known or later developed without compensation to you. When you associate or otherwise share your Associated Data on or through our Services, you understand that your Associated Data will be visible to others.
(c) Your Responsibility for User Content. You are solely responsible for all your User Content. You represent and warrant that you have (and will have) all rights that are necessary to grant us the license rights in your User Content under these Terms. You represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by EthXY on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
(d) Removal of User Content. You can remove certain parts of your User Content by specifically deleting it. You should know that in certain instances, some of your User Content (such as posts or comments you make, or your NFT content) may not be completely removed and copies of your User Content may continue to exist on the Services or NFT. To the maximum extent permitted by law, we are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.
(e) EthXY’s Intellectual Property. We may make available through the Services content that is subject to intellectual property rights. We or our licensors, or the third parties who otherwise own the intellectual property rights, retain all rights to that content.
2. Applicable Use Policy. You agree not to do any of the following:
(a) Post, upload, publish, submit or transmit any User Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar, inappropriate, or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;
(b) Use, display, mirror or frame the Services or any individual element within the Services, EthXY’s name, any EthXY trademark, logo, or other proprietary information, or the layout and design of any page or form contained on a page, without EthXY’s express written consent;
(c) Access, tamper with, or use non-public areas of the Services, EthXY’s computer systems, or the technical delivery systems of EthXY’s providers;
(d) Attempt to probe, scan, or test the vulnerability of any EthXY system or network or breach any security or authentication measures;
(e) Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by EthXY or any of EthXY’s providers or any other third party (including another user) to protect the Services;
(f) Attempt to access or search the Services or download content from the Services using any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by EthXY or other generally available third-party web browsers;
(g) Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
(h) Use the Services, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
(i) Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive, or false source-identifying information;
(j) Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;
(k) Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
(l) Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
(m) Impersonate or misrepresent your affiliation with any person or entity;
(n) Create or list counterfeit items (including any NFTs);
(o) Engage or assist in any activity that violates any law, statute, ordinance, regulation, or sanctions program, including but not limited to the U.S. Department of Treasury’s Office of Foreign Assets Control (“OFAC”), or that involves proceeds of any unlawful activity (including but not limited to money laundering, terrorist financing, or deliberately engaging in activities designed to adversely affect the performance of the Services);
(p) Engage in wash trading, front running, pump and dump trading, ramping, cornering, or other deceptive or manipulative trading activities, including but not limited to: (i) trading an NFT at successively lower or higher prices for the purpose of creating or inducing a false, misleading or artificial appearance of activity in such NFT; (ii) unduly or improperly influencing the market price for such NFT or establishing a price which does not reflect the true state of the market in such NFT; (iii) executing or causing the execution of any transaction in an NFT which involves no material change in the beneficial ownership thereof; and (iv) participating in, facilitating, assisting or knowingly transacting with any pool, syndicate or joint account organized for the purpose of unfairly or deceptively influencing the market price of an NFT;
(q) Use the Services 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 the rights to participate in an ICO or any securities offering, or assets that entitle owners to financial rewards, including but not limited to, DeFi (or decentralized finance) yield bonuses, staking bonuses, and burn discounts;
(r) Fabricate in any way any transaction or process related thereto;
(s) Place misleading bids or offers;
(t) Disguise or interfere in any way with the IP address of the computer you are using to access or use the Services, or that otherwise prevents us from correctly identifying the IP address and geographic location of the computer you are using to access the Services;
(u) Transmit, exchange, or otherwise support the direct or indirect proceeds of criminal or fraudulent activity;
(v) Violate any applicable law or regulation; or
(w) Encourage or enable any other individual to do any of the foregoing.
EthXY is not obligated to monitor access to or use of the Services or to review or edit any Services content. However, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any content, including User Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider it objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law. The sale of stolen assets, assets taken without authorization, and otherwise illegally obtained assets using the Services is prohibited. If you have reason to believe that an asset listed using the Services was illegally obtained, please contact us immediately. Listing illegally obtained assets may result in your listings being cancelled, your assets being hidden, or your suspension from the Services.
3. Copyright Policy. EthXY respects copyright law and expects its users to do the same. It is EthXY’s policy to terminate in appropriate circumstances users who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
4. Links to Third Party Websites or Resources. The Services may allow you to access third-party websites or other resources. We provide access only as a convenience and are not responsible for the content, products, or services on or available from those resources or links displayed on such websites. You acknowledge that you have sole responsibility for, and assume all risk arising from, your use of any third-party resources.
5. Termination. We may suspend or terminate your access to and use of the Services at our sole discretion, at any time and without notice to you. You may disconnect your digital wallet at any time. 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 or any third party, to the fullest extent permitted by applicable law. Upon any termination, discontinuation or cancellation of the Services, the following Sections will survive: 5 (only for payments due and owing to EthXY prior to termination), 6, 8(b), 8(c), 8(e), 9, 12, 13, 14, 15, 16, 17, 18, and 19.
6. Warranty Disclaimers. THE SERVICES, ANY CONTENT CONTAINED THEREIN, AND ANY NFTS (INCLUDING ASSOCIATED NFT CONTENT CREATED, CLAIMED, PURCHASED, SOLD OR TRADED USING THE SERVICES), ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. ETHXY (AND ITS SUPPLIERS) MAKE NO WARRANTY THAT THE SERVICES (INCLUDING ANY MATERIAL, INFORMATION OR CONTENT THEREIN): (I) WILL MEET YOUR REQUIREMENTS; (II) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (III) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) WILL BE ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE. ETHXY DISCLAIMS ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, TITLE OR NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AS TO THE SERVICES, ANY MATERIAL, INFORMATION, OR CONTENT CONTAINED THEREIN (AND ANY NFTS LISTED THEREIN) CREATED, CLAIMED, PURCHASED, SOLD OR TRADED VIA THE SERVICES. WE FURTHER EXPRESSLY DISCLAIM ALL LIABILITY OR RESPONSIBILITY IN CONNECTION WITH THIRD PARTY SERVICES. NOTHING HEREIN NOR ANY USE OF OUR SERVICES IN CONNECTION WITH THIRD PARTY SERVICES CONSTITUTES OUR ENDORSEMENT, RECOMMENDATION, OR ANY OTHER AFFILIATION OF OR WITH ANY THIRD PARTY SERVICES.
ETHXY CANNOT GUARANTEE THE SECURITY OF ANY DATA THAT YOU DISCLOSE ONLINE. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND WILL NOT HOLD ETHXY RESPONSIBLE FOR ANY BREACH OF SECURITY.
ETHXY WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS AND TAKES NO RESPONSIBILITY FOR ANY LOSSES, DAMAGES, OR CLAIMS ARISING FROM: (I) USER ERROR SUCH AS FORGOTTEN PASSWORDS, INCORRECTLY CONSTRUCTED TRANSACTIONS, OR MISTYPED WALLET ADDRESSES; (II) SERVER FAILURE OR DATA LOSS; (III) BLOCKCHAIN NETWORKS, DIGITAL WALLETS, OR CORRUPT FILES; (IV) UNAUTHORIZED ACCESS TO SERVICES; OR (V) ANY THIRD PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION THE USE OF VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK.
NFTS ARE INTANGIBLE DIGITAL ASSETS. THEY EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED ON THE APPLICABLE BLOCKCHAIN NETWORK. ANY TRANSFER OF TITLE THAT MIGHT OCCUR IN ANY UNIQUE DIGITAL ASSET OCCURS ON THE DECENTRALIZED LEDGER WITHIN SUCH BLOCKCHAIN NETWORK. ETHXY DOES NOT GUARANTEE THAT WE CAN EFFECT THE TRANSFER OF TITLE OR RIGHT IN ANY NFTS OR OTHER DIGITAL ASSETS, OR THAT ANY ASSOCIATED PAYMENT WILL BE SUCCESSFUL.
THE SERVICES MAY NOT BE AVAILABLE DUE TO ANY NUMBER OF FACTORS INCLUDING, BUT NOT LIMITED TO, PERIODIC SYSTEM MAINTENANCE, SCHEDULED OR UNSCHEDULED, ACTS OF GOD, UNAUTHORIZED ACCESS, VIRUSES, DENIAL OF SERVICE OR OTHER ATTACKS, TECHNICAL FAILURE OF THE SERVICES AND/OR TELECOMMUNICATIONS INFRASTRUCTURE OR DISRUPTION, AND THEREFORE WE EXPRESSLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY REGARDING THE USE AND/OR AVAILABILITY, ACCESSIBILITY, SECURITY, OR PERFORMANCE OF THE SERVICES CAUSED BY SUCH FACTORS. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY, OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS OR OTHER DATA.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS OF WARRANTIES MAY NOT APPLY TO YOU.
7. Assumption of Risk. You accept, acknowledge, and assume the following risks:
(a) The prices and liquidity of digital assets (including any NFTs) are extremely volatile. Fluctuations in the price of other digital assets could materially and adversely affect the NFTs made available through the Services, which may also be subject to significant price volatility.
You are solely responsible for determining what, if any, Taxes and Gas Fees apply to your transactions through the Services. EthXY is not responsible for determining the Taxes that apply to such transactions.
NFTs are digital assets recorded and transferable on the supporting Blockchain. Any transfer of digital assets occurs within the supporting Blockchain and not on the Services, which is not controlled in any capacity by EthXY. Transactions involving NFTs may be irreversible, and, accordingly, losses due to fraudulent or accidental transactions may not be recoverable. Some transactions in NFTs shall be deemed to be made when recorded on a public ledger, which is not necessarily the date or time that you initiated the transaction.
(b) There are risks associated with using Internet-based digital assets, including but not limited to, the risk of hardware, software, and Internet connection and service issues, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to information stored within your wallet. EthXY will not be responsible for any communication failures, disruptions, errors, distortions, or delays you may experience when effecting transactions involving NFTs and other supported digital assets, however caused, including Gas Fees paid or payable in connection therewith.
(c) A lack of use or public interest in the creation and development of distributed ecosystems could negatively impact the development of those ecosystems and related applications, and could therefore also negatively impact the potential utility or value of any NFTs.
(d) By accessing and using the Services, you represent that you understand the inherent risks associated with using cryptographic and blockchain-based systems, and that you have a working knowledge of digital assets. Such systems may have vulnerabilities or other failures, or experience other abnormal behavior. EthXY is not responsible for any issues with the blockchains, including forks, technical node issues, or any other issues that may result in fund losses. You acknowledge that the cost and speed of transacting with cryptographic and blockchain-based systems are variable and may increase at any time. You further acknowledge the risk that your digital assets may lose some or all of their value while they are linked to the Services. You further acknowledge that we are not responsible for any of these variables or risks and cannot be held liable for any resulting losses that you experience while accessing the Services. Accordingly, you understand and agree to assume full responsibility for all of the risks of accessing and using and interacting with the Services.
8. Indemnity. You will indemnify, defend (at EthXY’s option), and hold EthXY and its affiliates and their respective officers, directors, employees, and agents, harmless from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (a) your access to or use of the Services, (b) your User Content, or (c) your violation of these Terms. You may not settle or otherwise compromise any claim subject to this Section without EthXY’s prior written approval.
9. Limitation of Liability.
(a) TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER ETHXY NOR ITS SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ETHXY OR ITS SERVICE PROVIDERS HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
(b) TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE AGGREGATE TOTAL LIABILITY OF ETHXY AND ITS AGENTS, REPRESENTATIVES, AND AFFILIATES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, EXCEED THE AMOUNTS YOU HAVE PAID OR ARE PAYABLE BY YOU TO ETHXY FOR USE OF THE SERVICES OR ONE HUNDRED U.S. DOLLARS (100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO ETHXY, AS APPLICABLE.
(c) THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN ETHXY AND YOU.
10. Governing Law and Forum Choice. These Terms and any action related thereto will be governed by the U.S. Federal Arbitration Act, federal arbitration law, and the laws of the State of Florida, without regard to its conflict of laws provisions. Except as otherwise expressly set forth in Section 18 “Dispute Resolution,” the exclusive jurisdiction for all Disputes (defined below) that you and EthXY are not required to arbitrate will be the state and federal courts located in Miami, Florida, and you and EthXY each waive any objection to jurisdiction and venue in such courts.
11. Dispute Resolution.
(a) Informal Dispute Resolution. You and EthXY must first attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms, or the breach, termination, enforcement, interpretation, or validity thereof, or the use of the Services (collectively, “Disputes”) informally. Accordingly, neither you nor EthXY may start a formal arbitration proceeding for at least sixty (60) days after one party notifies the other party of a claim in writing. As part of this informal resolution process, you must deliver written notices via hand or first-class mail to us at Eth.id, Inc., Attn: Legal Department, 1032 E Brandon Blvd #2002 Brandon, FL 33511. Notwithstanding the foregoing, we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights at any time.
(b) Mandatory Arbitration of Disputes. We each agree that any Dispute will be resolved solely by binding, individual arbitration and not in a class, representative, or consolidated action or proceeding. You and EthXY agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Terms, and that you and EthXY are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms.
(c) Exceptions. As limited exceptions to Section 18(a) above: (i) we both may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights.
(d) Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org.
Any arbitration hearings will take place in the county (or parish) where you live, with provision to be made for remote appearances to the maximum extent permitted by the AAA Rules, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.
(e) Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules, and we won’t seek to recover the administration and arbitrator fees we are responsible for paying, unless the arbitrator finds your Dispute frivolous. If we prevail in arbitration, we’ll pay all of our attorneys’ fees and costs and won’t seek to recover them from you. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.
(f) Injunctive and Declaratory Relief. Except as provided in Section 18(c) above, the arbitrator shall determine all issues of liability on the merits of any claim asserted by either party and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. To the extent that you or we prevail on a claim and seek public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual claims in arbitration.
(g) Class Action Waiver. YOU AND ETHXY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if a Dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution Section shall be null and void.
(h) Severability. With the exception of any of the provisions in Section 18(g) of these Terms (“Class Action Waiver”), if an arbitrator or court of competent jurisdiction decides that any part of these Terms is invalid or unenforceable, the other parts of these Terms will still apply.
12. General Terms.
(a) Reservation of Rights. EthXY and its licensors exclusively own all right, title and interest in and to the Services, including all associated intellectual property rights. You acknowledge that the Services are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Services.
(b) Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement between EthXY and you regarding the Services, and these Terms supersede and replace all prior oral or written understandings or agreements between EthXY and you regarding the Services. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms will remain in full force and effect. Except where provided by applicable law in your jurisdiction, you may not assign or transfer these Terms, by operation of law or otherwise, without EthXY’s prior written consent. Any attempt by you to assign or transfer these Terms absent our consent or your statutory right, without such consent, will be null and void in its entirety. EthXY may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
(c) Non-Transferable. You agree that your account is not transferable and that in the event of your death, incapacity or unavailability, we may terminate any rights to your account and EthXY characters.
(d) Notices. Any notices or other communications provided by EthXY under these Terms will be given: (i) via email; or (ii) by posting to the Services. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.
(e) Waiver of Rights. EthXY’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of EthXY. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
13. Contact Information. If you have any questions about these Terms or the Services, please contact EthXY at legal@eth.id.