Terms (V1)
Last Updated: February 7, 2022
Welcome to Dixel Club (https://dixel.club/), a website-hosted user interface (the “Interface”, “Website”, or “App”) provided by us. (“we”, “our”, or “us”). The Interface provides access to a decentralised protocol on the Binance Smart Chain that creates non-programmed and user-generated pixel art NFT collectibles. (the “Protocol”, or “Platform”). This Terms of Service Agreement (the “Agreement”) explains the terms and conditions by which you may access and use the Interface. You must read this Agreement carefully. By accessing or using the Interface, you signify that you have read, understand, and agree to be bound by this Agreement in its entirety. If you do not agree, you are not authorised to access or use the Interface.
1. Key Definitions
For the purpose of these Terms, the following capitalised terms shall have the following meanings:
“Affiliate” means, with respect to a party to these Terms, any legal entity that, directly or indirectly controls, is controlled by, or is under common control with such party.
“App,” “Platform” or “Interface” means the Dixel Club site located at https://dixel.club/, and all associated sites linked thereto by Dixel Club and its Affiliates, which includes, for certainty, Dixel Club’s decentralised application layer on the Binance Smart Chain.
“BNB” means the Binance Smart Chain utility token that may be used to purchase computational resources to run decentralised applications or perform actions on the Binance Smart Chain.
“DIXEL” refers to the BEP20 token created via Mint Club protocol, and a utility token of Dixel Club platform that is used for the NFT minting payment and reward distribution.
“NFT” means a non-fungible token or similar digital item implemented on a blockchain (such as the Ethereum or Binance Smart Chain blockchain), which uses smart contracts to link to or otherwise be associated with certain content or data.
“Dixel Art NFT” refers to the NFTs that are minted by the Dixel Club protocol.
“BSC Address,” “Wallet Address” or “Address” means the unique public key cryptocurrency identifier that points to an BSC-compatible wallet to which BNB or BEP20-compatible tokens may be sent or stored.
“Binance Smart Chain” or “BSC” means the underlying blockchain infrastructure which the Platform leverages to perform portions of the Services.
“Governmental Authority” includes any domestic or foreign federal, provincial or state, municipal, local or other governmental, regulatory, judicial or administrative authority.
“Services” has the meaning set out in Section 3.1.
2. Modification of this Agreement
We reserve the right, in our sole discretion, to modify these Terms from time to time. If we make changes, we will provide you with notice of such changes, such as by providing a notice through our Services or updating the date at the top of these Terms. Unless we say otherwise in our notice, any and all such modifications are effective immediately, and your continued use of our Services after we provide such notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop using our Services.
3. Services
3.1 Services - The primary purpose of the Interface is to enable users to interact with the Dixel Club smart contracts to explore/mint/burn/manage Dixel Art NFTs (the “Services”).
3.2 BSC Gas Charges - Some Services involve the use of the Binance Smart Chain, which may require that you pay a fee, commonly known as “BSC Gas Charges,” for the computational resources required to perform a transaction on the Binance Smart Chain. You acknowledge and agree that Dixel Club has no control over: (a) any Binance Smart Chain transactions; (b) the calculation or method of payment of any BSC Gas Charges; or (c) any actual payments of BSC Gas Charges. Accordingly, you must ensure that you have a sufficient balance of BNB stored at your BSC Address to complete any transaction on the Binance Smart Chain before initiating such Binance Smart Chain transaction.
3.3 Conditions and Restrictions - We may, at any time and in our sole discretion, restrict your access to, or otherwise impose conditions or restrictions upon your use of, the Services or the Interface, with or without prior notice.
3.4 No Broker, Legal or Fiduciary Relationship - Dixel Club is not your broker, lawyer, intermediary, agent, or advisor and has no fiduciary relationship or obligation to you regarding any other decisions or activities that you affect when using the Interface or the Services. Neither our communications nor any information that we provide to you is intended as, or shall be considered or construed as, advice.
3.5 Your Responsibilities - As a condition to accessing or using the Services or the Interface, you shall: (a) only use the Services and the Interface for lawful purposes and in accordance with these Terms; (b) ensure that, at all times, all information that you provide on the Interface is current, complete and accurate; (c) maintain the security and confidentiality of your BSC Address and all private keys, passwords and other related credentials.
3.6 Unacceptable Use or Conduct - As a condition to accessing or using the Interface or the Services, you will not: (a) violate any Applicable Law, including, without limitation, any relevant and applicable anti-money laundering and anti-terrorist financing laws, such as the Bank Secrecy Act, each as may be amended; (b) infringe on or misappropriate any contract, intellectual property or other third-party right, or commit a tort while using the Interface or the Services; (c) use the Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden, or impair the functioning of the Services in any manner; (d) attempt to circumvent any content filtering techniques or security measures that Dixel Club employs on the Interface, or attempt to access any service or area of the Interface or the Services that you are not authorised to access; (e) use the Services to pay for, support, or otherwise engage in any illegal gambling activities, fraud, money-laundering, or terrorist activities, or other illegal activities; (f) use any robot, spider, crawler, scraper, or other automated means or interface not provided by us, to access the Services or to extract data; (g) interfere with or compromise the integrity, security, or proper functioning of any computer, server, network, personal device, or other information technology system, including (but not limited to) the deployment of viruses and denial of service attacks; (h) provide false, inaccurate, or misleading information; (i) post content or communications on the Interface that are, in our sole discretion, libellous, defamatory, profane, obscene, pornographic, sexually explicit, indecent, lewd, vulgar, suggestive, harassing, hateful, threatening, offensive, discriminatory, bigoted, abusive, inflammatory, fraudulent, deceptive or otherwise objectionable; (j) defraud us or any other person or entity, including (but not limited to) providing any false, inaccurate, or misleading information in order to unlawfully obtain the property of another; (k) use the Interface or the Services from a jurisdiction that we have, in our sole discretion, or a relevant Governmental Authority has determined is a jurisdiction where the use of the Interface or the Services is prohibited; (l) violate any applicable law, rule, or regulation concerning the integrity of trading markets, including (but not limited to) the manipulative tactics commonly known as spoofing and wash trading; or (m) encourage or induce any third party to engage in any of the activities prohibited under this Section 3.6.
3.7. Your Assumption of Risks - By accessing and using the Interface, you represent that you 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 BNB, DIXEL and other digital tokens following the BSC Token Standard (BEP20). You further understand that the markets for these digital assets are highly volatile due to factors including (but not limited to) adoption, speculation, technology, security, and regulation. You acknowledge that the cost and speed of transacting with cryptographic and blockchain-based systems such as BSC are variable and may increase dramatically at any time. You further acknowledge the risk that your digital assets may lose some or all of their value while they are locked via the Protocol. You further acknowledge that we are not responsible for any of these variables or risks, do not own or control the Protocol, and cannot be held liable for any resulting losses that you experience while accessing or using the Interface. Accordingly, you understand and agree to assume full responsibility for all of the risks of accessing and using the Interface and interacting with the Protocol.
3.8. Non-refundable Transaction - Dixel Club is a decentralised and permission-less protocol that has no centralised institutions/organisations to take responsibility for your transactions. You hereby understand and agree that when you mint/burn/purchase/sell any NFTs or other digital currency including DIXEL tokens, the transaction is final and non-refundable.
3.9. Fraudulent NFT Risks - Anyone can create (mint) a Dixel Art NFT on Dixel Club with any 16x16 pixel graphics, including graphic components that contain illegal aspects in certain jurisdictions. Do your own research before minting/buying a NFT. You are solely responsible for your financial loss or a violation of your legal obligation. No one can be held responsible for any losses or legal violations.
3.10. Burned NFTs - In the Dixel Club platform, you can burn your Dixel Art NFT to reserve the DIXEL tokens in a refundable contract. Once you burn your NFT (meaning that your burn transaction has been successfully submitted), it is impossible to revert the transaction. You are solely responsible for any decisions in relation to the burning of your NFT. No one can be held responsible for any losses.
4. Eligibility
To access or use the Interface, you must be able to form a legally binding contract with us. Accordingly, you represent that you are at least nineteen years old and have the full right, power, and authority to enter into and comply with the terms and conditions of this Agreement on behalf of yourself and any company or legal entity for which you may access or use the Interface. You further represent that you are not a citizen, resident, or member of any jurisdiction or group that is subject to economic sanctions by the United States, or where your use of the Interface would be illegal or otherwise violate any applicable law. You further represent that your access and use of the Interface will fully comply with all applicable laws and regulations, and that you will not access or use the Interface to conduct, promote, or otherwise facilitate any illegal activity.
5. Ownership and Intellectual Property Rights
Dixel Club’s name, logo, trademarks, and any Dixel Club product or service names, designs, logos, and slogans are the intellectual property of Dixel Club or our affiliates or licensors and may not be copied, imitated or used, in whole or in part, without our prior written permission in each instance. The pixel graphics linked to or associated with any Dixel Art NFTs displayed on the Services are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable intellectual property rights holder. By creating a Dixel Art NFT, you grant us a worldwide, non-exclusive, sublicensable, royalty-free license to use, copy, modify, and display any content that you submit or post on or through the Interface for our current and future business purposes, including to provide, promote, and improve the Services. This includes any digital file, art, or other material linked to or associated with any NFTs that are displayed on the Services.
6. Privacy
We care about your privacy. Although we will comply with all valid subpoena requests, we will carefully consider each request to ensure that it comports with the spirit and letter of the law, and we will not hesitate to challenge invalid, overbroad, or unconstitutional requests as appropriate. We use commercially reasonable safeguards to preserve the integrity and security of your personally identifiable information (“PII”) and aggregate data. However, we cannot guarantee that unauthorised third parties will never be able to obtain or use your PII or aggregate data for improper purposes. You acknowledge that you provide your PII and aggregate data at your own risk. By accessing and using the Interface, you understand and consent to our collection, use, and disclosure of your PII and aggregate data.
In addition, we collect certain personal data by using cookies, including similar technologies such as local storage when you visit the website. Cookies are bits of text that are placed on your computer’s hard drive or mobile device when you visit certain websites. Cookies hold information that may be accessible by the party that places the cookie, which is either the website itself (first party cookie) or a third party (third party cookies). You do have control over cookies, and can refuse the use of cookies by selecting the appropriate setting on your browser. Most browsers will tell you how to stop accepting new cookies, how to be notified when you receive a new cookie, and how to disable or delete existing cookies. Please note, however, that by not accepting or deleting the use of cookies, you may not be able to use the website.
On the website, we use cookies for the following purposes:
to gather website statistical data to analyse how our users use the website, such as which pages are visited, how long pages were visited and the paths taken by visitors to our website as they move from page to page. These cookies are placed by the domains dixel.club;
to provide authentication (i.e. to keep you logged in between sessions). The information collected using local storage is stored on your browser and persists after your browser is closed.
for the purpose listed under 1, we use Google Analytics. Google Analytics is a web analytics service provided by Google, Inc., which uses cookies to help. The information generated by the cookie about your use of our website (such as your IP address, the URL visited, the date and time the page was viewed) will be transmitted and stored by Google on servers in the United States or any other country in which Google maintains facilities. Your IP address will be masked by setting the last octet of your IP address to zero before it is stored by Google. Google will use this information to monitor your use of our website, and to compile reports on website activity for us. Based on our agreement with Google, Google is not allowed to use this information for their own purposes and may only transfer this information to third parties where required by law, or where such third parties process information on Google’s behalf.
7. No Professional Advice
All information provided by the Interface is for informational purposes only and should not be construed as professional advice. You should not take, or refrain from taking, any action based on any information contained in the Interface. Before you make any financial, legal, or other decisions involving the Interface, you should seek independent professional advice from an individual who is licensed and qualified in the area for which such advice would be appropriate.
8. No Warranties
The Interface is provided on an “AS IS” and “AS AVAILABLE” basis. To the fullest extent permitted by law, we disclaim any representations and warranties of any kind, whether express, implied, or statutory, including (but not limited to) the warranties of merchantability and fitness for a particular purpose. You acknowledge and agree that your use of the Interface is at your own risk. We do not represent or warrant that access to the Interface will be continuous, uninterrupted, timely, or secure; that the information contained in the Interface will be accurate, reliable, complete, or current; or that the Interface will be free from errors, defects, viruses, or other harmful elements. No advice, information, or statement that we make should be treated as creating any warranty concerning the Interface. We do not endorse, guarantee, or assume responsibility for any advertisements, offers, or statements made by third parties concerning the Interface.
9. No Fiduciary Duties
This Agreement is not intended to, and does not, create or impose any fiduciary duties on us. To the fullest extent permitted by law, you acknowledge and agree that we owe no fiduciary duties or liabilities to you or any other party, and that to the extent any such duties or liabilities may exist at law or in equity, those duties and liabilities are hereby irrevocably disclaimed, waived, and eliminated. You further agree that the only duties and obligations that we owe you are those set out expressly in this Agreement.
10. Compliance Obligations
The Interface may not be available or appropriate for use in other jurisdictions. By accessing or using the Interface, you agree that you are solely and entirely responsible for compliance with all laws and regulations that may apply to you.
11. Third-Party Resources and Promotions
The Interface may contain references or links to third-party resources, including (but not limited to) information, materials, products, or services, that we do not own or control. In addition, third parties may offer promotions related to your access and use of the Interface. We do not endorse or assume any responsibility for any such resources or promotions. If you access any such resources or participate in any such promotions, you do so at your own risk, and you understand that this Agreement does not apply to your dealings or relationships with any third parties. You expressly relieve us of any and all liability arising from your use of any such resources or participation in any such promotions.
12. Indemnity
You agree to hold harmless, release, defend, and indemnify us and our officers, directors, employees, contractors, agents, affiliates, and subsidiaries from and against all claims, damages, obligations, losses, liabilities, costs, and expenses arising from: (a) your access and use of the Interface; (b) your violation of any term or condition of this Agreement, the right of any third party, or any other applicable law, rule, or regulation; and (c) any other party’s access and use of the Interface with your assistance or using any device or account that you own or control.
13. Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITE, THE APP AND THE SERVICES. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE SITE, THE APP AND THE SERVICES MAY NOT BE SECURE AND MAY BE INTERCEPTED OR LATER ACQUIRED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE, THE APP AND THE SERVICES IS AT YOUR OWN RISK. RECOGNIZING SUCH, YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER Dixel Club NOR ITS SUPPLIERS OR LICENSORS WILL BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR OTHER DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER TANGIBLE OR INTANGIBLE LOSSES OR ANY OTHER DAMAGES BASED ON CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY (EVEN IF Dixel Club HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE SITE, THE APP OR SERVICES; THE USE OR THE INABILITY TO USE THE SITE, THE APP OR THE SERVICES; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE, THE APP OR THE SERVICES; ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US; HUMAN ERRORS; TECHNICAL MALFUNCTIONS; FAILURES, INCLUDING PUBLIC UTILITY OR TELEPHONE OUTAGES; OMISSIONS, INTERRUPTIONS, LATENCY, DELETIONS OR DEFECTS OF ANY DEVICE OR NETWORK, PROVIDERS, OR SOFTWARE (INCLUDING, BUT NOT LIMITED TO, THOSE THAT DO NOT PERMIT PARTICIPATION IN THE SERVICES); ANY INJURY OR DAMAGE TO COMPUTER EQUIPMENT; INABILITY TO FULLY ACCESS THE SITE, THE APP OR THE SERVICES OR ANY OTHER WEBSITE; THEFT, TAMPERING, DESTRUCTION, OR UNAUTHORIZED ACCESS TO, IMAGES OR OTHER CONTENT OF ANY KIND; DATA THAT IS PROCESSED LATE OR INCORRECTLY OR IS INCOMPLETE OR LOST; TYPOGRAPHICAL, PRINTING OR OTHER ERRORS, OR ANY COMBINATION THEREOF; OR ANY OTHER MATTER RELATING TO THE SITE, THE APP OR ANY OTHER ASPECT OF THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
14. Questions & Contact Information
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