Terms of use

These Terms of Use (the  “Terms of Use”  ) constitute a legally binding agreement between you, either personally or on behalf of an entity (”  you  “) and the owner of ChivasFarming (”  we  “, ”  us  “, or ”  Our  “) in connection with your access to and use of the website https://chivasfarming.com/ and the NFT game otherwise connected to it (collectively, the ”  Site  ” and the ”  Game”). The Terms of Use may be, in our own right and discretion, updated from time to time and will be effective immediately and will oblige you to follow and be regulated without receiving your concerns and consents, as long as you use our Game and our Site. The game is a distributed application currently running on the Binance Smart Chain (the “Blockchains”), using smart contracts (each, a ”  Contract  “) to allow users to own, transfer, breed, grow and fight with the digital goats (Chivas), with its respective baby goat (hereinafter, “ Chiva”). The Game also allows users to own and transfer other digital assets, including but not limited to pens and other products that are updated from time to time by our policies (” Assets  “). These assets can be displayed on the Site so that the user can interact with the Site. By using the Site, users can view their assets and use them to acquire, trade, breed, grow and fight with other users of the Game.

WE ARE WILLING TO MAKE THE SITE AND THE GAME AVAILABLE ONLY IF YOU ACCEPT ALL OF THE TERMS OF USE. BY USING THE SITE, THE GAME, ITS ASSOCIATED MEDIA OR ANY PART OF IT, OR BY REGISTERING WITH YOUR NAME, YOUR EMAIL AND / OR YOUR CRYPTO WALLET, YOU ARE CONFIRMING THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY ALL OF THE TERMS OF USE. IF YOU DO NOT AGREE TO AND / OR ACCEPT ALL OF THE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE, THE GAME AND ITS ASSOCIATED SERVICES, AND YOU MUST STOP USING THEM IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Site from time to time are expressly incorporated herein by reference. We reserve the right, at our sole discretion, to make changes or modifications to the Terms of Use at any time and for any reason. We will notify you of any changes by updating the “Last Updated” date of the Terms of Use, and you waive any right to receive specific notice of each change. It is your responsibility to periodically review the Terms of Use to stay informed.You will be bound by and deemed to have been made aware of and accepted the changes to the revised Terms of Use by your continued use of the Site or the Game after the date on that such revised Terms of Use are posted. .

The information on the Site is not intended to be distributed or used by any person or entity in any jurisdiction or country where such distribution or use is contrary to the law or regulation thereof or that subjects us to any registration requirement within such jurisdiction. or country. Consequently, those persons who choose to access the Site and / or the Game from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent that local laws are applicable.

The Site and the Game are intended for individual users who have full legal capacity, are at least 18 years old, and have reached the age of majority as provided for by the applicable laws of the relevant jurisdictions. Persons under the age of 18 may not use or register with the Site and the Game.

1. INTELLECTUAL PROPERTY RIGHTS

Unless otherwise stated, the Site and the Game are our property and all source code, database, functionality, software, website designs, audios, videos, text, photographs and graphics on the Site, the Game and all other associated features (collectively, the “Content”) and the trademarks, service marks, and logos included therein (the “Marks”) are owned, controlled by, or licensed to us, and They are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws  of relevant jurisdictions and international conventions. Except as expressly provided in the Terms of Use, no part of the Site, the Game, and any Content or Trademarks may be copied.

Provided that you are eligible to use the Site and the Game, you are granted a limited license to access and use the Site and the Game or to download or print a copy of any portion of the Content that you have properly accessed only  your personal, non-commercial use. We reserve all rights not expressly granted to you in the Site, the Game, the Content and the Marks.

2. USER REPRESENTATIONS

By using the Site, the Game and the Contracts, you represent and warrant that:

  • all registration information you submit to us will be true, accurate, current and complete;
  • you must maintain the accuracy of such information and promptly update such registration information as necessary;
  • has the legal capacity and agrees to comply with these Terms of Use;
  • You are not a minor in the jurisdiction in which you reside;
  • You will not be able to access the Site and / or the Game through automated and non-human means, whether through a bot, script or otherwise. except as expressly permitted by us;
  • you will not use the Site, the Game and the Contracts for any illegal and unauthorized purpose; and
  • Your use of the Site, the Game and the Contracts will not violate any applicable laws or regulations. If you provide any information that is false, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and to refuse any current or future use of the Site, the Game and the Contracts (or any part thereof).
  • you, as an account owner, are responsible for the actions of anyone you hire who plays on your behalf and that their actions may have consequences for the connected accounts you own.
  • it has not been included in any list of trade embargoes or economic sanctions (such as the United Nations Security Council sanctions list). We reserve the right to choose markets and jurisdictions to conduct business and we may restrict or deny, at our discretion, the provision of ChivasFarming services in certain countries or regions.

3. USER REGISTRATION

You may be required to register for the Site, the Game, and the Contracts. You agree to keep your password confidential and will be responsible for all use of your account and wallet. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

4. PROHIBITED ACTIVITIES

You may not access or use the Site, the Game, and the Contracts for any purpose other than what we make available to the Site, the Game, and the Contracts in our sole discretion. The Site, the Game and the Contracts may not be used in connection with any commercial endeavor, except as agreed in a binding legal contract with us. It is specifically prohibited to perform or participate in acts that include, but are not limited to:

  • Systematically retrieve data or other content from the Site and the Game to create or compile, directly or indirectly, a collection, compilation, database or directory without our written permission.
  • Make any unauthorized use of the Site, the Game, the Content, the Marks and the Contracts, including the collection of usernames and / or email addresses of users by electronic or other means for the purpose of sending unsolicited emails or create user accounts automatically.
  • Use a purchasing agent to make purchases on the Site, the Game and the Contracts, exchange or trade outside our marketplace.
  • Use the Site, Game, Content, Brands, and Contracts to advertise or offer to sell goods and services.
  • Circumvent, disable or interfere with the security-related features of the Site, the Game, and the Contracts, including features that prevent or restrict the use or copying of any Content or impose limitations on the use of the Site, the Game, and the Contracts and / or the Content.
  • Participate in unauthorized framing or links to the Site and the Contracts.
  • Cheating, defrauding or misleading us or other users, as well as any attempt to obtain confidential account information, such as user passwords.
  • Misuse our support services or submit false reports of abuse or misconduct.
  • Participate in any automated use of the system, such as the use of scripts to send comments or messages, or the use of data mining, robots or similar data collection and extraction tools, except as expressly permitted by us)
  • Interfere with, interrupt or create an undue burden on the Site, the Game, the Contracts or the networks or services connected to the Site.
  • Try to impersonate another user or person or use another user’s username.
  • Sell ​​or transfer your profile.
  • Use any information obtained from the Site, the Game, the Content, the Marks and the Contracts to harass, abuse or harm another person.
  • Use the Site, the Game, the Content, the Brands, and the Contracts as part of any effort to compete with us or use the Site, and the Contracts, the Brands, and / or the Content for any commercial or revenue-generating endeavors. company.
  • Decrypt, decompile, disassemble, or reverse engineer any software that comprises or in any way forms part of the Site, the Game, or the Contracts.
  • Attempt to circumvent any measure on the Site designed to prevent or restrict access to the Site, or any part of the Site, the Game, the Content, and the Contracts.
  • Harass, intimidate or threaten any of our members or agents involved in providing you with any part of the Site, the Game, the Content and the Contracts.
  • Remove the copyright or other proprietary rights notice from any Content.
  • Copy or adapt software on the Site, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
  • Upload or transmit (or attempt to upload or transmit) viruses, Trojans or other material, including excessive use of capital letters and spam (continuous posting of repetitive text), which interferes with or modifies the continued use and enjoyment of the Site and the Game, deteriorates, interrupts, alters or interferes with the use, features, functions, operation or maintenance of the Site, the Game or the Contracts.
  • Upload or transmit (or attempt to upload or transmit) any material that acts as a passive or active information gathering or transmission mechanism, including but not limited to clear graphic interchange formats (“gifs”), 1 × 1 pixels, web errors, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
  • Except as the result of the use of standard search engines or the Internet browser, use, initiate, develop or distribute any automated system, including but not limited to any spider, robot, cheat utility, scraper or offline reader that access the Site, or the Contracts, or use or launch any unauthorized scripts or other software.
  • Disregard, tarnish or damage, in our opinion, us, the Site, the Game and / or the Contracts.
  • Use the Site, the Game, the Content, the Marks and the Contracts in any way that is not compatible with applicable laws or regulations.

5. PRESENTATION

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site, the Game, and the Contracts (“Submissions”) that you provide to us are not confidential and should become the exclusive property of us, own exclusive rights, including all intellectual property rights, and you should be entitled to the unrestricted use and dissemination of these Submissions for any legal, commercial or other purpose, without acknowledgment or compensation to you. You hereby waive any moral rights to such Submissions, and you hereby warrant that such Submissions are original to you or that you have the right to submit such Submissions.

6. WEBSITE AND THIRD PARTY CONTENT

The Site and / or the Game (it may be sent through the Site and / or the Game) may have links to other websites (“Third Party Websites”), as well as articles, photographs, text, graphics, images, designs , music, sound, video, information, applications, software and other content or elements that belong to or originate from third parties (“Third Party Content”). Such third-party websites and third-party content are not investigated, monitored, or verified for our accuracy, appropriateness, or completeness, and we are not responsible for third-party websites accessed through the Site and / or the Game or any Third Party Content posted, available through or installed from the Site and / or the Game, including but not limited to content, accuracy, offensive nature, opinions, reliability, the privacy practices, or other policies contained in third party websites or third party content. The inclusion, linking or allowing the use or installation of any third party website or any third party content does not imply endorsement or approval of the same by us. If you decide to leave the Site and / or the Game and access the Third Party Websites or use or install any Third Party Content, you do so at your own risk and you should note that the terms of use do not govern in any way and we do not will be responsible for any of your activities related to third party websites and third party content. You should review the applicable terms and policies, including privacy and data collection practices, from any website that you navigate to from the Site and / or the Game or in connection with any application that you use or install from the Site and / or the Game. Any purchases that you make through third-party websites will be made through other websites and other entities, and we do not assume any responsibility in relation to such purchases that are exclusively between you and the corresponding third party. You agree and acknowledge that we do not endorse the products and services offered on third party websites; and will exempt us from any damage caused by the purchase of such products and services. In addition, you will hold us harmless for losses suffered by you or damages caused to you in connection with, or resulting in any way, of any Third Party Content or any contact with Third Party Websites. and we do not assume any responsibility in relation to such purchases that are exclusively between you and the corresponding third party. You agree and acknowledge that we do not endorse the products and services offered on third party websites; and will exempt us from any damage caused by the purchase of such products and services. In addition, you will hold us harmless for losses incurred by you or damages caused to you in connection with, or resulting in any way, from any Third Party Content or any contact with Third Party Websites. and we do not assume any responsibility in relation to such purchases that are exclusively between you and the corresponding third party. You agree and acknowledge that we do not endorse the products and services offered on third party websites; and will exempt us from any damage caused by the purchase of such products and services. In addition, you will hold us harmless for losses incurred by you or damages caused to you in connection with, or resulting in any way, from any Third Party Content or any contact with Third Party Websites.

7. ADVERTISER

We allow advertisers to display their ads and other information in certain areas of the Site and the Game, such as sidebar ads or banner ads. If you are an advertiser, you must take full responsibility for any advertisements you place on the Site and / or the Game and any services provided on the Site and / or the Game and any products sold through those advertisements. Furthermore, as an advertiser, you warrant and represent that you own all rights and authority to place advertisements on the Site and / or the Game, including but not limited to intellectual property rights, rights of publicity, proprietary rights, and contractual rights. We simply provide the space to place such advertisements and we have no other relationship with the advertisers.

8. TERMINATION

The Terms of Use remain in full force and effect while you use the Site, the Game, and the Contracts. Without limiting any other provision of the Terms of Use, we reserve the right, in our sole discretion and without prior notice or liability, to deny access to and use of the Site, the Game, and the Contracts (including blocking certain IP addresses ) to any person for any reason or no reason, including, but not limited to, the breach of any representation, warranty or agreement contained in the Terms of Use or any applicable law or regulation. We may terminate your use or participation in the Site, the Game and the Contracts or delete your account without prior notice, in our sole discretion.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account in your name, a borrowed or assumed name, or the name of a third party, even if you may be acting on the third party’s behalf. In addition to canceling and suspending your account, we reserve the right to take appropriate legal action, including, but not limited to, seeking civil, criminal, and court-ordered relief.

9. DISCLAIMER

• GENERAL CLAUSE

Please review the Terms of Use carefully before continuing to access the Site or the Game. Accessing the Site or the Game means that you accept the Terms of Use established by us. The information we use on the Site is for reference purposes only unless we indicate otherwise and is subject to change without notice and should not be used as our advice to anyone in any way. We can change and update these regulations at any time. Therefore, you should visit the Site regularly to obtain the latest information.

You understand and agree that we, our subsidiaries, affiliates and licensors and other relevant persons and entities updated over time by our policies will not be liable to you or to any third party for any direct, indirect, incidental, special, consequential damages, or exemplary damages you may incur, regardless of cause and under any theory of liability, including, without limitation, any loss of earnings (whether incurred directly or indirectly), loss of goodwill or business reputation, loss of data , acquisition cost of substitute goods or services, or any other tangible or intangible loss, even if we have been informed of the possibility of such damage.

You hereby understand, accept and acknowledge that, in any event, we will not be liable for compensation or reimbursement to you for any and all claims arising out of or related to the Terms of Use or your access to or use of (or your inability to access or use) any part of the Site, the Game, the wallet, o the Contracts, whether by contract, tort, strict liability or any other legal theory.

You hereby understand, accept and acknowledge that we have made the Site, the Game, and the Contracts available to you and have accepted the Terms of Use in accordance with the warranty disclaimers and limitations of liability set forth in this document, which reflect a reasonable and fair allocation risk between the parties and form an essential basis of the deal between us. We could not provide the Site, the Game and the Contracts to you without these limitations.

• TAXES AND FEES

If you choose to buy, sell, trade, or do any type of related transaction, with us, or between users, including, but not limited to, NFT, chivas, corral, farmeo and any other type of asset or product related to the Site and the Game, as our policies are updated, (collectively referred to as the “Product” or “Products”), will be carried out solely within the BlockChain through a cryptographic wallet such as MetaMask, CoinBase, etc., using solely and exclusively our marketplace or any permitted tool that is part of our ecosystem. It is assumed that you fully understand, accept and acknowledge that you are solely responsible for your actions, decisions and transactions, that we have no information or control over your wallet, payments or transactions, nor do we have the responsibility, ability or duty to reverse no transaction, therefore we will not.

In addition to the gas rate stipulated in our sole discretion, each time you use a Contract to carry out a transaction with another user through the Site and / or the Game, you authorize us to charge a commission of 5% of the total value of that transaction. (each one, a “Commission”). You acknowledge and agree that the Commission will be transferred directly to us through the Binance Network as part of the transaction.

Between us, you will be solely responsible for paying any and all sales, use, value added and other taxes, duties and assessments (except taxes on our net income) now or in the future claimed or imposed on any governmental authority (collectively, “Taxes” or “Taxes”) associated with your use of the Site (including, but not limited to, Taxes that may be payable as a result of your ownership, transfer, or cultivation of any Product that you own).

Except for income taxes levied on our Game (if applicable), you will: (i) pay or reimburse us for all national, federal, state, local or other taxes and assessments from any jurisdiction, including value taxes aggregate and taxes as required by international tax treaties, customs or other import or export taxes, and amounts collected instead based on established charges, services rendered or payments made hereunder, as imposed now or in the future under the authority of any national, state or local. or any other tax jurisdiction; and (ii) you will not be entitled to deduct the amount of such taxes, fees or assessments from payments made to us in accordance with these Terms of Use.

• MARKET AND TOKEN MANAGEMENT

You expressly understand and agree that your access to and use of the Site, the Game, and the Contracts are at your own risk, and that the Site, the Game, and the Contracts are provided “as is” and “as available” without warranties of any kind. , either express or implied.

To the fullest extent permitted under applicable law, we, our subsidiaries, affiliates, agents, employees and licensees make no express warranties and we hereby disclaim all implied warranties with respect to the Site, the Game and the Contracts and any part of it (including, without limitation, the Site, the Game, any Contract, or any external website), including the implied warranties of merchantability, fitness for a particular purpose, non-infringement, correctness, accuracy, or reliability.

Without limiting the generality of the foregoing, we, our subsidiaries, affiliates and licensors do not represent or warrant that: (i) your access to or use of the Site, the Game and the Contracts will meet your requirements, (ii) your access or use of the Site, the Game and the Contracts will be uninterrupted, timely, secure or error-free, (iii) the usage data provided through the Site, the Game and the Contracts will be accurate, (iii) the Site, the Game and the Contracts or any content, services or features available on or through the Site, the Game and the Contracts are free of viruses or other harmful components, or (iv) that any data that you disclose when using the Site, the Game and the Contracts will be safe.

You fully acknowledge and accept the security risks inherent in providing information and conducting transactions online over the Internet and agree that we have no responsibility for any breach of security by any party.

We will not be liable to you for any losses you incur as a result of your use of the Blockchain, the network Ethereum, Binance Smart Chain and/or electronic wallet of your choice, including but not limited to any losses, damages or claims that arise from: (a) user error, such as forgotten passwords, interpreted smart contracts incorrectly, mistaken or failed transactions, loss of funds; (b) server failure or loss of data; (c) files of damaged wallet; (d) unauthorized access or activities of third parties, including, but not limited to, the use of viruses, phishing, brute force or other means of attack against the Blockchain, the network Ethereum, Binance Smart Chain and/or the electronic wallet of your choice.

Cryptocurrencies are intangible digital assets that exist only by virtue of the property registry maintained on the Binance network. All Contracts are carried out and occur on the decentralized ledger within the Binance network. We have no control over or make any guarantees or promises with respect to the Contracts. We are not responsible for losses due to blockchains or any other features of the Ethereum network, the binance network, or the Metamask e-wallet, including but not limited to late reports from developers or representatives (or no reports) from Any issues with the blockchain that the Ethereum network supports, including forks, node glitches, or any other issue that has loss of funds as a result.

• LINKS AND THIRD PARTY WEBSITES

We are not responsible and will not be responsible in any way for the content of such websites or media linked to the Site or the Game, including the products, services and other elements offered through such websites.

10. LIMITATION OF LIABILITY

You understand and agree that we, our subsidiaries, affiliates, service providers, employees, agents and licensors will not be liable to you or to any third party for any direct, indirect, incidental, special, consequential or exemplary damages that you may incur, whatever the cause and under any theory of liability, including, without limitation, any loss of earnings (whether incurred directly or indirectly), loss of goodwill or business reputation, loss of data, cost of acquisition of substitute goods or services , or any other intangible loss, even if we have been informed of the possibility of such damages.

You agree and acknowledge that we have made the Site, the Game, and the Contracts available to you and have entered into the Terms of Use in accordance with the warranty disclaimers and limitations of liability set forth herein, which reflect a reasonable and fair allocation of the risk between the parties and form an essential basis of the deal between us. We could not provide the Site, the Game and the Contracts to you without these limitations.

11. ASSUMPTION OF RISK

You accept and acknowledge each of the following:

A. The prices of blockchain assets are extremely volatile. Fluctuations in the price of other digital assets could materially and adversely affect the value of your Products, which may also be subject to significant price volatility. We cannot guarantee that no buyer of the Products will not lose money.

B. You are solely responsible for determining what taxes, if any, apply to your transactions related to the Products. We are not responsible for determining the taxes that apply to your transactions on the Site, the Game or the Contracts.

C. The Site does not store, send or receive Products. This is because the Products exist only by virtue of the ownership record maintained on the Game’s supporting blockchain on the BSC network. Any Product transfer occurs only on the blockchain.

D. There are risks associated with the use of an Internet-based currency, including, but not limited to, the risk of hardware, software, and Internet connections, the risk of introduction of malicious software, and the risk that third parties may gain unauthorized access. at the information. stored in your wallet. You agree and acknowledge that we will not be responsible for communication failures, interruptions, errors, distortions, or delays that you may experience while using the blockchain, regardless of the cause.

E. Lack of public use or interest in the creation and development of distributed ecosystems could negatively impact the development of the Site and Game ecosystem and, therefore, the utility or potential value of the Products.

12. INDEMNITY

Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you must indemnify us, and agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any claim, action or proceeding, which is subject to this indemnification upon becoming aware of it.

13. USER DATA

We will retain certain data that you transmit to the Site, the Game and the Contracts for the purpose of managing the performance of the Site, the Game and the Contracts, as well as data related to your use of the Site, the Game and the Contracts. Although we periodically back up data, you are solely responsible for all data that you transmit or release to any activity you have conducted using the Site, the Game, and the Contracts. It is assumed that you agree that we will have no liability to you for any loss or corruption of such data, and you hereby waive any right of action against us arising out of such loss or corruption of such data.

14. MISCELLANEOUS

The Terms of Use and any operating policies or rules posted by us on the Site, the Game, and the Contracts, or with respect to the Site, the Game, and the Contracts constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of the Terms of Use will not constitute a waiver of such right or provision. The Terms of Use operate to the fullest extent permitted by law. We may assign some or all of our rights and obligations to others at any time. We will not be 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 the Terms of Use is determined to be illegal, void and unenforceable, That provision or part of the provision is deemed severable from the Terms of Use and does not affect the validity and enforceability of the remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of the Terms of Use or use of the Site or the Game. You agree that the 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 the Terms of Use and the failure of the parties to sign to enforce the Terms of Use. You agree that the Terms of Use will not be construed against us by virtue of having drafted them. Hereby, It waives each and every one of the defenses that it may have based on the electronic form of the Terms of Use and the failure of the parties to sign to execute the Terms of Use. You agree that the 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 the Terms of Use and the failure of the parties to sign to enforce the Terms of Use.

Last update: 03/28/2022