Terms of Use
Date Last Revised: December 20, 2024
Last updated
Date Last Revised: December 20, 2024
Last updated
These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”, “your”, “user”, “users”) and Cyborg Studios Inc., along with its agents, assigns, and affiliates (“Cyborg”, “Company”, “we”, “us”, or “our”), concerning your access to and use of the website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto which is controlled by the Company (collectively, the “Site”), and your access and use of the Services provided by the Company. However, please note that blockchain networks, third-parties, even if Cyborg publishes domains, sub-domains or other records to them, are operated and controlled by third parties and are therefore not included in the definition of the “Site”. You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Date Last Revised” date of these Terms of Use, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
ELIGIBILITY
The Site and Services are available only to entities and persons who have reached the age of legal majority and are competent to enter into a legal binding agreement under applicable laws.
By accessing or using the Site and Services, you represent to us that:
a. you are at least 18 years old, or the age of majority in your jurisdiction, whichever higher and have the full right, power, and authority to enter into and comply with these Terms of Use on behalf of yourself and any company or legal entity for which you may access or use the Site and Services. Persons under the age of 18 are not permitted to access to and/or use the Site and/or Services; and
b. your access and use of the Site and/or Services will fully comply with all applicable laws and regulations, and that you will not access or use the Site and/or Services to conduct, promote, or otherwise facilitate any illegal activity; and
c. you are financially and technically sophisticated enough to understand the inherent risks associated with using cryptographic and blockchain-based systems, and that you have a working knowledge of the usage and intricacies of digital assets such as virtual, in-game digital goods or items, non-fungible tokens (“NFT”), tokens and other digital assets. In particular, you understand that blockchain-based transactions are irreversible and that we have no control over the operation of such networks; and
d. you have conducted an independent investigation of the Services and the matters contemplated by these Terms, have formed your own independent judgment regarding the benefits and risks of and necessary and desirable practices regarding the foregoing, and, in making the determination to use the Services, you have relied solely on the results of such investigation and such independent judgement; and
e. you irrevocably disclaim and disavow reliance upon any statements or representations made by or on behalf of, or information made available by Cyborg, in determining to enter into these Terms of Use or use the Services; and
f. you have not failed to comply with, and have not violated, any applicable legal requirement relating to any blockchain technologies or token trading activities; and
g. no investigation or review by any governmental entity is pending or, to your knowledge, has been threatened against or with respect to you, nor does any government order or action prohibit you or any of your representatives from engaging in or continuing any conduct, activity or practice; and
h. there is no legal proceeding pending that relates to your activities relating to the Services or other token- or digital asset- trading or blockchain technology-related activities; and
i. you are not:
(i) you are not a citizen or permanent resident of, you do not have a primary residence in, and you are not physically located in (i) Cuba, Egypt, Hong Kong, Iran, Iraq, People’s Republic of China, Saudi Arabia, Syria, Ukraine, United States of America or its territories or possessions; or (ii) any country (A) where participation in the Services is prohibited, restricted or unauthorized in any form and/or manner whether in full or in part under the laws, regulatory requirements, or rules in such jurisdiction or (B) where it is likely that the Digital Asset (as defined in Section 4) transactions would be construed as the transactions of a security (howsoever named), financial services or investment products under the laws, regulatory requirements, or rules of such jurisdiction; and
(ii) you are not a Specially Designated National as identified by the Office of Foreign Assets Control of the U.S. Treasury Department; or on the Consolidated List of Targets maintained by the U.K. Office of Financial Sanctions Implementation of HM Treasury; or on the consolidated list of persons, groups, and entities subject to economic, financial sanctions, trade embargoes or export controls administered, enacted or enforced from time to time by the United States of America (“U.S.”), the United Nations Security Council, the European Union (“EU”), any EU member state, or the United Kingdom (regardless of its status vis-a-vis the EU), or any other jurisdiction.
INTELLECTUAL PROPERTY RIGHTS
“IP” means all technology and intellectual property, regardless of form, including: (i) copyrights, published and unpublished works of authorship, including audiovisual works, collective works, computer programs (including source code and object code), compilations, databases, derivative works, user interfaces, graphics, literary works, mask works, and sound recordings; (ii) inventions and discoveries, including articles of manufacture, business methods, compositions of matter, improvements, machines, methods, and processes and new uses for any of the preceding items; (iii) domain names, texts, images, service marks, symbols, devices, designs, trade dress and other designations, and combinations of the preceding items, used to identify or distinguish a business, good, group, product, or service or to indicate a form of certification, including logos, product designs, and product features; (iv) information that is not generally known or readily ascertainable through proper means, whether tangible or intangible, including algorithms, ideas, designs, formulas, know-how, methods, processes, programs, prototypes, systems, and techniques. “IP Rights” means all rights in, arising out of, or associated with IP in any jurisdiction.
Ownership of the Site
Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”), and their all right, title, and interest are owned or controlled by us or licensed to us. The Content and Marks together are referred to as the "Cyborg Materials". The Cyborg Materials are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Cyborg Materials may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, noncommercial use. We reserve all rights not expressly granted to you in and to the Site and the Cyborg Materials.
USER REPRESENTATIONS
By using the Site, you represent and warrant that: (1) all information you submit (if any) will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such information as necessary; (3) you have the legal capacity and you agree to comply with these Terms of Use; (4) you meet all the eligibility requirements mentioned above at Section1 (Eligibility); (5) you will not access the Site through automated or nonhuman means, whether through a bot, script or otherwise; (6) you will not use the Site for any illegal or unauthorized purpose; and (7) your use of the Site will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site and/or the Services (or any portion thereof).
SERVICES
All Services are subject to availability. We reserve the right to discontinue any Services at any time for any reason. We also expressly reserve the right to develop new Services at our sole discretion. Prices for all Services are at our sole discretion and are subject to changes.
a. Our Services
The Site Ecosystem
The Site at its core is an ecosystem for game development, game publication, content creation and interactive game play using blockchain technology and Digital Assets (as defined below). The term “Digital Assets'' refers to NFTs, cryptocurrencies, crypto-assets, digital tokens, utility tokens, and other similar assets that do not fall under the definition of 'securities' under applicable regulations, including but not limited to Virtual Currency and Virtual Items.
Game Publishing
Cyborg offers a range of engaging blockchain-based games (the "Games") developed by us and/or third-party developers (each as “Game Developer" and collectively as “Game Developers"). Some of the Games may be available for free to play with limited functionality, while others may offer premium features for a fee. By accessing and playing the Games, you acknowledge and agree to the rules, guidelines, and gameplay mechanics provided within each specific game. Games built by third-party developers may be subject to additional terms from those third-party developers. Please review and comply with all applicable terms related to any game or Digital Asset (as defined below), which will apply in addition to these Terms of Use.
Games offered by the Game Developers via the Site are managed by such third-parties. These Game Developers are also responsible for any continued operation and maintenance for their Games on the Site. We are not affiliated with any of these Game Developers, and they operate independently of Cyborg. By playing a Game built by the Game Developers on the Site, you fully acknowledge and explicitly assume any and all risks related to transactions with the Game Developers, and agree that we shall not be liable for any risks or adverse consequences arising from such transactions.
The individual Game Developers that operate Games are solely responsible for the content, products, goods, or services made available to you directly via their respective Games – including but not limited to quality, performance and availability. You should contact the respective Game Developer directly with any queries, and any disputes shall be resolved directly with the respective Game Developer.
To enjoy the Games offered on the Site, you may be required to have a user account by connecting your Digital Wallet to the Site. You are responsible for safeguarding your login credentials and personal information, if applicable. Any actions taken from your account and/ or your Digital Wallet are your responsibility.
In-app Purchase
i. In-game Virtual Currency and Virtual Items
The Services may include an opportunity for you to earn, buy or otherwise obtain in-game currency, if applicable (“Virtual Currency”) to access virtual, in-game digital goods or items (“Virtual Items”) within the Games (the "In-App Purchases"). Methods of obtaining Virtual Currency are at Cyborg’s sole discretion. Virtual Currency and Virtual Items are not real currency, do not have monetary value, and may not be redeemed for legal currency or items of value outside of the Services.
Cyborg has no liability for hacking or loss of your Virtual Currency or Virtual Items or any goods or services obtained via Virtual Currency. Cyborg has no obligation to, and will not, reimburse you for any Virtual Currency or Virtual Items obtained via Virtual Currency. Game Developer reserves the right, in its sole discretion and without prior notification, to change or limit the price, availability, or order quantity of any Virtual Currency or Virtual Items and to refuse to provide you with any Virtual Currency or Virtual Items.
ii. Subscriptions
Should you choose to access premium features, you agree to pay all fees associated with them. You agree that all payments for Virtual Currency, Virtual Items, and Subscriptions are final. No refunds will be given, except in Cyborg’s sole and absolute discretion.
Please note that the availability of free-to-play or premium features may vary from game to game, and specific details regarding the cost and benefits of premium features will be provided within each respective game.
NFT Marketplace and Digital Assets
The Site may include or collaborate with a third party to offer access to a blockchain-based NFT marketplace, featuring unique Digital Assets and collectibles associated with our Games (the "NFT Marketplace"). Access to the NFT Marketplace may require using a third-party link, and you acknowledge that this access is subject to the terms and conditions of the third-party provider.
You are solely responsible for the security of your Digital Wallet and compliance with relevant blockchain and NFT regulations. We are not liable for any loss of NFTs or Digital Assets due to your actions or the actions of third parties when using the NFT Marketplace.
Transactions involving Digital Assets on the Site or the NFT Marketplace are managed and confirmed through an applicable blockchain. Your public digital address will be publicly visible whenever you engage in a transaction on the Site or the NFT Marketplace. We are not responsible for the actions or omissions of any such blockchain or associated third parties, and we are not liable for any damage you may incur as a result of your transactions or any other interaction with such blockchain or associated third parties.
User Generated Content
The Site enables users to create user generated content (“User Generated Content”). You agree that you have and will maintain, for yourself and on behalf of your licensors, all necessary rights, consents, and permissions to provide User Generated Content to the Site and that the User Generated Content does not and will not infringe upon or violate intellectual property rights, publicity rights, privacy rights or any other rights of anyone else, including Cyborg.
You or your licensors shall own all right, title and interest in and to the User Generated Content you create. Any User Generated Content will be considered non-confidential and non-proprietary and you agree not to post any User Generated Content to the Platform that you or others may consider to be confidential or proprietary. By submitting User Generated Content via the Site, you hereby grant to Cyborg an unconditional, irrevocable, non-exclusive, royalty-free, perpetual, fully transferable, assignable, and sublicensable worldwide license to use, reproduce, display, distribute, modify, and create derivative works of the User Generated Content for any lawful purpose.
We reserve the right to remove or take down any User Generated Content that violates these Terms of Use or is deemed inappropriate, offensive, or harmful.
b. Purchase and payment
You may participate in the Services and In-App Purchases by linking your Digital Wallet(s), which allows you to purchase, store, and engage in transactions using your cryptocurrency. Before you participate in the Services and In-App Purchases, we may ask you to download a supported electronic wallet extension and connect your Digital Wallets with that extension. Once you submit an order for In-App Purchases, your order is passed on to the applicable extension, which completes the transaction on your behalf.
You agree to provide current, complete, and accurate purchase information for all purchases made via the Site and/or In-App Purchases. Sales tax may be added to the price of purchases as deemed required by us. We may change prices at any time. You further agree to pay all other applicable fees, including hosting fees, and other fees may arise. You authorize Cyborg to automatically charge you for any such fees or deduct such fees directly from your payments. Cyborg does not set, collect, or determine gas, or transaction fees. These fees are paid directly to the payment processor, blockchain validator, or other third party, as applicable. Because these fees are not collected by Cyborg, Cyborg cannot refund them.
We reserve the right to refuse any order placed through the Site. We may, in our sole discretion, limit or cancel quantities purchased per order.
Unless otherwise stated in this Terms of Use, all fees for domain purchases, domain name registrations, and related domain name services are final and non-refundable. Once a transaction is completed, you acknowledge and accept that no refunds, returns, or exchanges will be granted, except as expressly required by applicable law. By using Services and/or engaging in transactions on the Site, you expressly acknowledge and accept the non-refundable nature of the purchases.
When you make In-App Purchases with the Game Developers, you acknowledge that Cyborg does not process your payments. Instead, payments are processed by third-party payment providers, which are chosen by the Game Developers, at the Game Developers’ sole discretion.
Payments conducted or initiated with the Game Developers are processed by a third-party payment provider, as agreed between you, the Game Developers and the payment provider, which at times may coincide.
Cyborg does not handle, manage, oversee, verify or provide any sort of warranty over such transactions. Consequently, any disputes, claims, losses, misunderstandings, technical errors, or issues of any kind (both accidental and allegedly intentional) related to payments or transactions must be directed towards the respective payment provider of the Game Developers. Cyborg bears no responsibility whatsoever and will not be a party to any payment-related disputes or discussions, nor is it liable for any losses or damages the parties involved may incur.
You accept and acknowledge:
i. Digital Wallet
Transactions on the Site, including purchasing or selling NFTs, in-game items require you to link an accepted digital wallet (“Digital Wallet") to the Site for so long as you use the Site. We neither own nor control your Digital Wallets, any associated blockchain, or any other Third-Party Services (as defined below). You have the sole responsibility to (a) establish, and maintain, in fully operational, secure and valid status, access to your Digital Wallet, and (b) maintain, in your fully secure possession, the credentials for accessing your Digital Wallet and the private key for your Digital Wallet. In the event of any loss, hack or theft of any Digital Asset from your Digital Wallet, including any Digital Assets, you acknowledge and agree that you shall have no right(s), claim(s) or causes of action in any way whatsoever against Cyborg for such loss, hack or theft, including with respect to any such Digital Asset.
ii. Third-Party Services Acknowledgement
You acknowledge that the Site and its functionality includes both services offered by third parties (“Third-Party Services”) as well as Cyborg’s proprietary technology. Certain functionality of the Site may incorporate, use or otherwise depend on Third-Party Services. If any event were to disrupt any functionality dependent on a Third-Party Service, the Site may similarly experience a disruption, and we shall not be responsible or liable for any such disruption.
iii. Access and Use of the Site
You are hereby granted limited, revocable, non-exclusive, nontransferable, non-assignable, non-sublicensable access to and use of the Site solely in accordance with these Terms of Use. You shall not (a) except as expressly permitted under these Terms of Use with respect to your owned NFTs, distribute, publicly perform, or publicly display any Cyborg Materials, (b) modify or otherwise make any derivative uses of the Site, or any portion thereof, (c) download (other than page caching) any portion of the Site or CyborgMaterials, except as expressly permitted by us, or (d) use the Site or Cyborg Materials other than for their intended purposes.
Cyborg shall have sole and complete control over, and reserves the right at any time to make any changes to, the configuration, appearance, content functionality, and scope of the Site, including anyCyborg Materials. Notwithstanding anything contained in these Terms of Use, we reserve the right, without notice and in our sole discretion, to impose limitations on, suspend, and/or terminate your right to access or use the Site, in whole or in part, 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 shall not be entitled to a refund of any amounts that you have already paid to us, to the fullest extent permitted by applicable law.
c. DISCLAIMERS WITH RESPECT TO THE SERVICES. ANY INFORMATION PROVIDED BY OR ON BEHALF OF CYBORG ON ANY PLATFORM OR THROUGH THE SERVICES IS FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES ONLY AND SHOULD NOT BE CONSTRUED AS, NOR IS IT INTENDED AS, AN OFFER TO SELL, OR THE SOLICITATION OF AN OFFER TO BUY, ANY INTEREST IN ANY SECURITY, ENTITY, INVESTMENT VEHICLE OR CONTRACT, INCLUDING, BUT NOT LIMITED TO, WITH RESPECT TO DIGITAL ASSETS.
DIGITAL ASSET TERMS
With respect to any Digital Asset purchased, acquired, or otherwise received by you, unless otherwise set forth at point of sale or of such Digital Asset, the following Digital Asset Terms shall apply:
i. OWNERSHIP OF DIGITAL ASSETS AND ARTWORK. Each Digital Asset may embody or include certain artwork owned or created by the Game Developer (the “Artwork”). You acknowledge and agree that the Game Developer owns all legal rights, title and interest in and to the Artwork, and all intellectual property rights therein. Digital Assets may also embody or include one or more Marks (collectively with the Artwork embodied by such Digital Asset, the “Visual IP”). The Visual IP is neither stored nor embedded in the Digital Assets but is accessible through the Digital Assets. ALTHOUGH EACH DIGITAL ASSET ITSELF IS OWNED BY ITS THEN-CURRENT OWNER, THE VISUAL IP EMBODIED THEREIN IS LICENSED, PURSUANT TO THESE DIGITAL ASSET TERMS, AND NOT TRANSFERRED OR SOLD, TO SUCH OWNER. The rights that you have in and to the Visual IP are limited to those expressly set forth in these Digital Asset Terms. Cyborg and the Game Developers reserve all rights in and to the Visual IP not expressly granted to you herein.
ii. LICENSES. Subject to your lawful purchase or acquisition of a Digital Asset and your continued compliance with these Digital Asset Terms, and unless otherwise agreed by you and the Game Developer, the Game Developer grants you a worldwide, non-exclusive, revocable, royalty-free license, with no right to sub-license, (a) to display the Visual IP, solely for the following purposes: (i) for your own personal, non-commercial use (e.g., display in a virtual gallery, on a mobile device, as an avatar, or in your home); (ii) through or as a part of a marketplace that permits the purchase and sale of your Digital Assets in connection with such potential purchase or sale, provided that the marketplace cryptographically verifies rights to ensure that only the actual owner can offer a Digital Asset for sale; or (iii) as part of a third-party website or application that permits the inclusion, involvement, or participation of your Digital Assets, provided that the website/application cryptographically verifies rights to ensure that only the actual owner can display the Digital Asset; and (b) to access certain limited features or exercise certain privileges on or through the Services, including to play the games enabled thereby, in each case in accordance with the functionalities of such Services and as may be modified by the Game Developer from time to time in the Game Developer’s sole discretion. THE GAME DEVELOPER PROVIDES EACH DIGITAL ASSET, LICENSES THE VISUAL IP TO THE THEN-CURRENT OWNER OF THE DIGITAL ASSET, AND PROVIDES THE SERVICES ON AN “AS IS” BASIS. THE GAME DEVELOPER EXPRESSLY DISCLAIMS ANY WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. THE LICENSE TO DISPLAY THE VISUAL IP EMBODIED BY A DIGITAL ASSET IS AUTOMATICALLY AND ALWAYS TRANSFERRED WITH THE DIGITAL ASSET AS PROVIDED IN THESE DIGITAL ASSET TERMS. OTHERWISE, THE LICENSE TO DISPLAY THE VISUAL IP EMBODIED BY EACH DIGITAL ASSET IS NON-TRANSFERABLE. You acknowledge that the license granted to you in these Digital Asset Terms applies only to the extent that you lawfully purchased or acquired a Digital Asset and, with respect to any such Digital Asset, for so long as you own such Digital Asset. If at any time you sell, trade, donate, give away, transfer, or otherwise dispose of your Digital Asset for any reason, the license granted in these Digital Asset Terms will immediately terminate with respect to such Digital Asset without the requirement of notice, and you will have no further rights in or to the Visual IP embodied by such Digital Asset. The license granted in these Digital Asset Terms will also automatically terminate, with all rights returning to the Game Developer, if: (a) you breach these Digital Asset Terms or the Terms of Use, which shall include any unauthorized transfer or acquisition of a Digital Asset; or (b) you engage in any unlawful business practice related to Digital Assets. In the event that you did not lawfully purchase or acquire a Digital Asset or upon any termination of the license granted in these Digital Asset Terms, Cyborg and/or the Game Developer may disable your access to the Visual IP and/or deny you access to the Services and/or any further benefits, services, or goods associated with the Digital Asset.
iii. RESTRICTIONS. You agree that you will not, nor will you cause or permit any third party to, do or attempt to do, any of the following without the Game Developer’s express prior written consent in each case: (i) modify, distort, or perform any other change to the Visual IP in any way, including, without limitation, the shapes, designs, drawings, attributes, or color schemes; (ii) use the Visual IP as a brand or trademark or to advertise, market, or sell any product or service (other than an authorized offering of a Digital Asset itself); (iii) use the Visual IP in connection with images, videos, or other forms of media that depict hatred, intolerance, violence, cruelty, or anything else that could reasonably be found to constitute hate speech or otherwise infringe upon the rights of others or promote illegal activities; (iv) sell, distribute for commercial gain (including, without limitation, giving away in the hopes of eventual commercial gain), or otherwise commercialize merchandise that includes, contains, or consists of the Visual IP; (v) attempt to trademark, copyright, or otherwise acquire additional intellectual property rights in or to the Visual IP; (vi) use the Visual IP in connection with disparaging statements about the Game Developer and/or its affiliated companies, or otherwise damage the goodwill, value, or reputation of the Game Developer and/or Cyborg, or represent or imply that your exercise of the licenses granted hereunder is endorsed by the Game Developer and/or its affiliated companies; or (vii) otherwise utilize the Visual IP for your or any third party’s commercial benefit (except as otherwise permitted herein and/or other than an authorized offering of the Digital Asset itself). These restrictions will survive the expiration or termination of licenses granted hereunder. Without limiting the foregoing, the license granted by these Terms of Use does not include: (a) the right to use the Visual IP in connection with additional digital assets; or (b) the right to create derivative works of the Visual IP. You may not use or attempt to register any asset (including, without limitation, any domain names, social media accounts, or related addresses) that contains or incorporates any Visual IP, or any other representation, name, or mark that may be confusingly similar to any of the Game Developer’s intellectual property.
iv. TRANSFERRING YOUR DIGITAL ASSET. You may transfer to a third party any Digital Asset that you lawfully own to a third party, subject to these Terms of Use and/or applicable terms of Game Developers. If you transfer any Digital Asset, you must make the transferee aware of, and you must cause any such transferee to agree in writing to comply with and be bound by, these Digital Asset Terms.
PROHIBITED ACTIVITIES
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Site, you agree not to:
Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
Circumvent, disable, or otherwise interfere with security related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
Engage in unauthorized framing of or linking to the Site.
Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
Make improper use of our support services or submit false reports of abuse or misconduct.
Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
Attempt to impersonate another user or person or use the username of another user.
Attempt to claim more than one promotional Cyborg store credit or Cyborg coupon code in any 30-day period, even if arising from separate promotions.
Use any information obtained from the Site in order to harass, abuse, or harm another person.
Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue generating endeavor or commercial enterprise.
Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
Delete the copyright or other proprietary rights notice from any Content.
Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, blockchain mining programs, or other material, including spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
Use the Site in a manner inconsistent with any applicable laws or regulations.
use this Site in any manner that could damage, disable, overburden or impair any service provided or function of via the Site (or the network(s) connected to the Site) or interfere with any other party’s use or enjoyment of any such service or the Site;
infringe or misappropriate our IP Rights or the IP Rights of any person;
use our Site or Services for or in connection with money laundering, terrorist financing, or other illicit financial activity, or in any way in connection with the violation of any law or regulation that applies to you or to us;
use our Site, or Services directly or indirectly, for, on behalf of, or for the benefit of any natural or legal person that is (i) the subject of Sanctions, or (ii) citizen of, located in, resident in, or organized under the laws of, any jurisdiction that has been designated as non-cooperative with international anti-money laundering principles or procedures by an intergovernmental group or organization, such as the Financial Action Task Force, or subject of Sanctions;
use our Site in any manner or for any purpose that is unlawful or prohibited by these Terms of Use or any other notices and conditions that Cyborg may issue from time-to-time.
Knowingly claim or purchase, or attempt to purchase, domains that are identical to the mark of a third-party brand or trademark rights owner.
The above actions are violations of our Terms of Use and may result in the termination of your user account.
SUBMISSIONS
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site and/or Services ("Submissions") provided by you to us are non confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
THIRD PARTY WEBSITES AND CONTENT
The Site may contain (or you may be sent via the Site) links to other websites ("Third Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third Party Content"). Such Third Party Websites and Third Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Websites accessed through the Site or any Third Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third Party Websites or the Third Party Content. Inclusion of, linking to, or permitting the use or installation of any Third Party Websites or any Third Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third Party Websites or to use or install any Third Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third Party Content or any contact with Third Party Websites.
ADVERTISERS
We allow advertisers to display their advertisements and other information in certain areas of the Site, such as sidebar advertisements or banner advertisements. If you are an advertiser, by placing any ads on or with the Site (whether directly or via a third party ad disseminator), you take full responsibility for any advertisements you place on the Site and any services provided on the Site or products sold through those advertisements. Further, as an advertiser, you warrant and represent that you possess all rights and authority to place advertisements on the Site, including, but not limited to, intellectual property rights, publicity rights, and contractual rights. We simply provide the space to place such advertisements, and we have no other relationship with advertisers.
SITE MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your domains (if in our custody) or Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site and the Services.
PRIVACY POLICY
TERM AND TERMINATION
These Terms of Use shall remain in full force and effect while you use the Site and our Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE AND SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE AND SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive remedies.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Services without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site or the Services.
We cannot guarantee the Site and Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site or Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site or Services during any downtime or discontinuance of the Site or Services. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or the Services or to supply any corrections, updates, or releases in connection therewith.
GOVERNING LAW
These Terms of Use and your use of the Site and the Services are governed by and construed in accordance with the laws of the Republic of Singapore, without regard to its conflict of law principles.
DISPUTE RESOLUTION
Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each a "Dispute" and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
Binding Arbitration
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be referred to and finally resolved by arbitration in Singapore, administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of SIAC (“SIAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Singapore. The tribunal shall consist of one arbitrator. The arbitration hearing shall be conducted virtually. The language of the arbitration shall be English.
In no event shall any Dispute brought by the user be commenced more than one (1) years after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
CORRECTIONS
There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to Services, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
ASSUMPTION OF RISK
You hereby acknowledge and assume the risk of using and making purchases through the Site and take full responsibility and liability for the outcome of actions initiated. Without limiting any risks that exist, you acknowledge the following risks related to blockchain technology, and Digital Assets:
You are solely responsible for determining what, if any, taxes apply to your transactions through the Services. Cyborg shall not be responsible for determining the taxes that apply to such transactions.
Values of Digital Assets are subjective. The potential value Digital Assets are subjective in nature and subject to volatility and fluctuations in the price of cryptocurrency.
The regulatory regime governing blockchain technologies, Digital Assets, and other crypto-based items is uncertain, and new regulations or policies may materially adversely affect the development of the Site and the utility of NFTs and Digital Assets.
There are risks associated with using an internet based currency, including but not limited to, the risk of hardware, software and Internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to information stored within your Digital Wallet. You accept and acknowledge that Cyborg will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the Services for transactions, however caused.
There are risks associated with purchasing items associated with content created by third parties through peer-to-peer transactions, including, but not limited to, the risk that items are vulnerable to metadata decay, bugs in smart contracts, and items that may become untransferable. You represent and warrant that you have done sufficient research before making any decisions to sell, obtain, transfer, or otherwise interact with any NFTs and Digital Assets.
We do not control Third-Party Services like private blockchains, public blockchains, Digital Wallets, or other third party products that you may be interacting with, and we do not control third-party smart contracts and protocols that may be integral to your ability to complete transactions on these public blockchains.
The Services may rely on third-party platforms to perform transactions with respect to any Digital Assets. If we are unable to maintain a good relationship with such platform providers; if the terms and conditions or pricing of such platform providers change; if we violate or cannot comply with the terms and conditions of such platforms; or if any of such platforms loses market share or falls out of favor or is unavailable for a prolonged period of time, access to and use of the Services will suffer.
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 other abnormal behavior. Cyborg is not responsible for any issues with the blockchains, including forks, technical node issues or any other issues having fund losses as a result. 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 supplied to or from 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 Services. Accordingly, you understand and agree to assume full responsibility for all of the risks of accessing and using and interacting with the Services.
INDEMNITY
To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless Cyborg, and our officers, directors, agents, partners and employees (individually and collectively, the “Cyborg Parties”) from and against all actual or alleged claims, damages, awards, judgments, losses, liabilities, obligations, taxes, penalties, interest, fees, expenses (including, without limitation, attorneys’ fees and expenses), and costs (including, without limitation, court costs, costs of settlement, and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract, or otherwise (collectively, “Claims”) arising out of or related to (a) your use of misuse of the Services, (b) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights), (c) your violation or breach of any term of these Terms or applicable law, (d) your violation of the rights of or obligations to a third party, including another user or third-party, and (e) your negligence or wilful misconduct. You agree to promptly notify Cyborg Parties of any third-party Claims, cooperate with Cyborg Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including attorneys’ fees). You also agree that the Cyborg Parties will have control of the defense or settlement, at Cyborg’ sole option, of any third-party Claims. THIS INDEMNITY IS IN ADDITION TO, AND NOT IN LIEU OF, ANY OTHER INDEMNITIES SET FORTH IN A WRITTEN AGREEMENT BETWEEN YOU AND CYBORG.
If Cyborg is obligated to respond to a subpoena or other compulsory legal or court order or process relating to subject matter that is within the scope of your indemnity under this Section, you agree to reimburse Cyborg its legal fees, as well as its employees’ and contractors’ time and materials spent responding to the subpoena or other compulsory legal or court order or process at reasonable hourly rates.
DISCLAIMER
THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE AND SERVICES, (3) USER ERROR SUCH AS FORGOTTEN PASSWORDS, INCORRECTLY CONSTRUCTED TRANSACTIONS, OR MISTYPED WALLET ADDRESSES, (4) BLOCKCHAIN NETWORKS, CRYPTOCURRENCY WALLETS, (5) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (6) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, (7) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE, AND/OR (8) ANY THIRD PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION THE USE OF VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
CYBORG MAKES NO WARRANTY OF ANY KIND THAT THE SERVICES, OR ANY PRODUCTS OR RESULTS OF THE USE THEREOF, WILL MEET USERS’ OR ANY OTHER PERSON’S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, BE AVAILABLE AT ANY TIME OR IN ANY GEOGRAPHIC LOCATION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM, OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR FREE. CYBORG MAKES NO WARRANTY OR REPRESENTATION THAT THE SERVICES DOES NOT INFRINGE UPON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS, THAT THE SERVICES WILL NOT INCIDENTALLY INFRINGE UPON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS BY NATURE OF ITS OPERATION, OR THAT ARTWORKS CREATED BY USERS WITH ASSISTANCE OF THE SERVICES WILL BE ELIGIBLE FOR COPYRIGHT PROTECTION. NO ADVICE OR INFORMATION, WHETHER ORAL OR OBTAINED FROM THE SERVICE, WILL CREATE ANY WARRANTY OR REPRESENTATION NOT EXPRESSLY MADE HEREIN. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND WILL NOT HOLD CYBORG RESPONSIBLE FOR ANY BREACH OF SECURITY.
THE MIDS ARE INTANGIBLE DIGITAL ASSETS. THEY EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED IN 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. WE DO NOT GUARANTEE THAT WE CAN AFFECT THE TRANSFER OF TITLE OR RIGHT IN ANY MIDS OR OTHER DIGITAL ASSETS, OR THAT ANY ASSOCIATED PAYMENT WILL BE SUCCESSFUL. YOU BEAR FULL RESPONSIBILITY FOR VERIFYING THE IDENTITY, LEGITIMACY, AND AUTHENTICITY OF ASSETS YOU PURCHASE THROUGH THE SERVICES.
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 SERVICES 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.
YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND AGREE THAT WE HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY BREACH OF SECURITY UNLESS IT IS DUE TO OUR GROSS NEGLIGENCE. WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSSES YOU INCUR AS THE RESULT OF YOUR USE OF THE BLOCKCHAIN NETWORK, THE ELECTRONIC WALLET, OR ANY OTHER THIRD-PARTY SERVICES OR THIRD-PARTY BLOCKCHAINS, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (A) USER ERROR, SUCH AS FORGOTTEN PASSWORDS OR INCORRECTLY CONSTRUED SMART CONTRACTS OR OTHER TRANSACTIONS; (B) SERVER FAILURE OR DATA LOSS; (C) CORRUPTED WALLET FILES; (D) UNAUTHORIZED ACCESS OR ACTIVITIES BY THIRD PARTIES, INCLUDING BUT NOT LIMITED TO THE USE OF VIRUSES, PHISHING, BRUTE FORCING OR OTHER MEANS OF ATTACK. THE DIGITAL ASSETS ARE INTANGIBLE ASSETS THAT EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED ON THE BLOCKCHAIN NETWORK. ALL DIGITAL ASSETS EXIST ONLY BY VIRTUE OF THE RECORD THEREOF ON THE DECENTRALIZED LEDGER WITHIN THE BLOCKCHAIN NETWORK. CYBORG HAS NO CONTROL OVER AND MAKES NO GUARANTEES OR PROMISES WITH RESPECT TO ANY DIGITAL ASSETS. CYBORG IS NOT RESPONSIBLE FOR LOSSES DUE TO BLOCKCHAINS OR ANY OTHER FEATURES OF OR INHERENT TO BLOCKCHAIN TECHNOLOGY, INCLUDING BUT NOT LIMITED TO LATE REPORTS BY DEVELOPERS OR REPRESENTATIVES (OR NO REPORTS AT ALL) OF ANY ISSUES WITH THE BLOCKCHAIN SUPPORTING ANY BLOCKCHAIN NETWORK OR INCLUDING FORKS, TECHNICAL NODE ISSUES, AND ANY OTHER ISSUES RESULTING IN LOSSES OF FUNDS. YOU ACKNOWLEDGE AND AGREE THAT CYBORG ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD CYBORG LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF ECONOMIC DAMAGES FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES. YOU UNDERSTAND THAT CYBORG DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS. CYBORG MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON. YOU ACKNOWLEDGE AND AGREE THAT CYBORG DOES NOT CONDUCT BACKGROUND CHECKS ON ANY USER. CYBORG MAKES NO WARRANTY THAT THE GOODS OR SERVICES PROVIDED BY THIRD PARTIES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS.TO THE MAXIMUM EXTENT PERMITTED BY ALL APPLICABLE LAWS AND REGULATIONS, YOU, FOR AND ON BEHALF OF ALL NATURAL AND LEGAL PERSONS WHO MAY CLAIM THROUGH OR UNDER YOU, ON YOUR BEHALF, OR OTHERWISE IN RESPECT OF YOU, RELEASE AND FOREVER DISCHARGE CYBORG AND ITS AFFILIATES, AND ITS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS, ATTORNEYS, AND ADVISERS, AND ALL OF ITS AND THEIR RESPECTIVE PREDECESSORS, SUCCESSORS, AND ASSIGNS, FROM ALL CLAIMS AND CAUSES OF ACTION OF ANY KIND WHATSOEVER, WHETHER UNDER COMMON LAW, STATUTORY, CONTRACTUAL, TORTIOUS, EQUITABLE, OR OTHERWISE, AND ALL LOSSES, DAMAGES, TAXES, LIABILITIES, COSTS, AND EXPENSES, WHICH YOU HAVE, EVER HAD, MAY HAVE, OR HEREAFTER MIGHT HAVE, WHETHER KNOWN OR UNKNOWN, NOW EXISTING OR WHICH MIGHT ARISE OR ACCRUE HEREAFTER, RELATING TO OR ARISING FROM THE MATTERS LISTED IN THIS CLAUSE.
LIMITATIONS OF LIABILITY
IN NO EVENT WILL THE CYBORG PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE AND THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING . CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
YOU AGREE TO WAIVE ALL RIGHTS TO ASSERT ANY CLAIMS UNDER APPLICABLE LAWS AND REGULATIONS AND YOU AGREE THAT YOU MAY MAKE CLAIMS BASED ONLY ON THESE TERMS.
YOU ACKNOWLEDGE THAT CYBORG HAS ENTERED INTO THESE TERMS IN RELIANCE UPON THE DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND CYBORG.
INVESTIGATION
If we become aware of any possible violations by you of these Terms of Use, we reserve the right to investigate such violations. If, as a result of the investigation, we believe that criminal activity may have occurred, we reserve the right to refer the matter to, and to cooperate with, any and all applicable legal authorities. We are entitled, except to the extent prohibited by applicable law, to disclose any information or materials on or in the Services, including your content, in our possession in connection with your use of the Services, to (i) comply with applicable laws, legal process or governmental request; (ii) enforce these Terms of Use, (iii) respond to any claims that your content violates the rights of third parties, (iv) respond to your requests for customer service, or (v) protect the rights, property or personal safety of Cyborg, its users, or the public, and all law enforcement or other government officials, as Cyborg in its sole discretion believes to be necessary or appropriate. By agreeing to these Terms of Use, you hereby provide your irrevocable consent to such monitoring. You acknowledge and agree that you have no expectation of privacy concerning your use of the Services, including without limitation text, voice, or video communications.
USER DATA
We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
Notwithstanding any privacy-related laws or regulations to the contrary, we will not and cannot delete any data you have provided to us which is subsequently recorded to the blockchain or any other distributed decentralized storage networks. You agree, to the extent you have instructed us, whether explicitly or implicitly (i.e., by submitting it to us through our web portal) to so-record such information, to hold us harmless and indemnify us (in the manner of the previous section) for any claims or damages founded upon the publication of and/or the inability to delete such information. The indemnification of the previous section shall be construed to include and encompass any third-party damages or claims founded upon your submission of data to us which cannot subsequently be removed or deleted.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You hereby consent to receive electronic communications from us, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non electronic records, or to payments or the granting of credits by any means other than electronic means.
HEALTH AND SAFETY PRECAUTIONS
Before playing the Game, please carefully review the health and safety precautions related to epileptic seizures, motion sickness, repetitive motion injuries, and eye strain. Failure to take these precautions into account may result in damage to property, injury, or even death. You should keep in mind that this list is not exhaustive, and there may be additional health and safety risks associated with playing the Game that are not mentioned here. We are not liable for any property damage, injury, or death, including incidents that occur due to your failure to review these precautions or as a result of interactions between you, your family members, and objects or people in or around the play area during your playing of the Game.
MISCELLANEOUS
These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Site and/or the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Site and/or the Services. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.
CONTACT US
In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:
Cyborg Studios Inc.
Email: hi@cyborg.game
We care about data privacy and security. Please review our . By using the Site or Services, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use.