Regardless of the device you use to access the Site, your use of the Site is subject to your compliance with these Terms, as well as any other written agreement between us and you. You also agree to comply with any additional rules, conditions, guidelines or terms or conditions of use specific to the products or services provided by us or made available through the Site.
We may, in our sole discretion and in addition to any other remedies available to us, with or without cause or notice, withdraw, suspend or discontinue at any time your use of, or access to, the Site or any of their functions, features, materials or Content (defined below).
We may update these Terms from time to time. Please check the Terms each time you access or use the Site. If we make material changes to the Terms, we will post the revised Terms on the Site and the revised effective date at the bottom of these Terms. Your continued access to or use of the Site after the date of any such changes become effective constitutes your acceptance of the new Terms.
License and User Conduct
WAX grants you a personal, revocable, non-transferable, non-exclusive limited license to access and use the Site only for your personal and internal business purposes and strictly in accordance with these Terms. These Terms further apply to and govern any upgrades provided by WAX that replace and/or supplement the version of the Site that you initially used or accessed, unless such upgrade is accompanied by a separate license in which case the terms of that separate license will govern. All rights not expressly granted in these Terms are reserved for WAX.
Your use of the Site pursuant to these Terms is limited to (1) accessing the Site, (2) receiving information about development tools and resources provided by WAX, (3) communicating with us about your questions, needs, or wants from us and our products and services, and (4) obtaining tools and resources for you to use to create apps or smart contracts in connection with the WAX platform. You may access, download, and print materials only as necessary to receive the services and information and use the tools and resources as specified on the Site and, in doing so, you must retain any and all notices, trademarks, and other markings found on those materials.
You agree that you will comply with these Terms and that you will not engage in conduct or communications that: (a) are obscene, fraudulent, indecent, defamatory, abusive, harassing, or threatening to others, or negatively impacts others’ ability to use the Site (b) contain any viruses, malware, worms, time bombs, cancelbots, or other disabling devices or other harmful components intended to, or that may, damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information; © advocate or encourage any illegal activity; (d) infringe on the copyright, patent, trademark, trade secret, right of publicity, or other intellectual property or proprietary right of any third party; (e) violate the privacy of individuals, including, but not limited to, other users of the Site; (f) engage in, assist, or encourage any conduct, activities, or communications that affect the operation, access, or usability of the Site for any other authorized user; or (g) violate any applicable local, state, national or international law.
You also agree that you will not (h) attempt to gain unauthorized access to any portion or feature of the Site or our systems, networks or servers by hacking, password “mining” or any other illegitimate means. You agree not to (i) access, acquire, copy, monitor, circumvent, or create derivative works from any portion of our Site, systems, networks or servers to obtain or attempt to obtain any Content (defined below), materials, documents, or information through any means not purposely made available through the Site. You also agree not to sell, license, or distribute any such Content, materials, documents, or information. We reserve the right to bar any such activity or use in our sole discretion.
If you are provided a WAX API, you should never share your API keys with any other entity as your API grants full, unrestricted access to your OPSKINS Account. You are responsible for the security of your API keys. If you feel or suspect that your API keys have been compromised, you should revoke and change them immediately.
Except where expressly permitted, you may not rent, lease, lend, sell, redistribute, or license the Content, the Site, our products or services, or access to the same. You may not copy, adapt, distribute, attempt to derive the source code of, modify, or create derivative works of the Site or our products or services, any updates, or any part thereof except as expressly permitted herein.
We may make improvements, changes, or amendments to the information, services, products, and other materials on the Site, or terminate the Site, or your access to the Site, at any time in our sole discretion. We reserve the right to change, suspend, remove, or disable access to the Site at any time without notice. In no event will we be liable for the removal or disabling of access to the Site. We may also impose limits on the use of or access to the Site, or portions thereof, in any case and without notice or liability.
The Site that may be accessed from, displayed on or linked to from your mobile device or PC is not available in all languages or in all countries. We make no representations that the Site are appropriate or available for use in any particular location. To the extent you choose to access the Site, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws.
You must be 18 or older to access or utilize the Site.
Information You Provide
You agree that all information you provide to us will be true, accurate, current, and complete. You represent and warrant that you have the legal right to provide it, and it does not violate any third party’s intellectual property or privacy rights. Any information you provide us, including feedback, responses to questions, comments, or suggestions, or the like regarding the Site will be deemed to be non-confidential. We will have no obligation of any kind with respect to such information. By uploading, sending, posting or otherwise providing any information or material, you grant WAX an unrestricted, irrevocable, worldwide, non-exclusive license to use, reproduce, display, perform, modify, transmit and distribute it. You agree that WAX is free to use any ideas, concepts, know-how or techniques that you provide us for any purpose, including creating derivative works.
Third Party Site and Information
If you link to our Site, you agree, pursuant to these Terms, to remove and/or disable such link should we so demand.
You agree to defend, indemnify, and hold WAX and its affiliates, partners, agents and subsidiaries, harmless from all liabilities, claims, and expenses, including attorney’s fees that arise from your use or misuse of the Site or the Content, or by any conduct by you, or those acting on your behalf, that would constitute a breach of any of these Terms by you. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
The entire content of the Site, including but not limited to text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, computer code, development tools, and other software resources and the design, structure, selection, coordination, expression, “look and feel” and arrangement of such content (collectively, “Content”) is owned controlled, or licensed by or to WAX. Your use of the Site does not grant you any rights to any of the Content.
The Site and its Content, except for those aspects in the public domain, are protected from unauthorized copying and dissemination by United States laws for copyright, trademark, trade dress, unfair competition, as well as international conventions and other intellectual property laws.
All page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of WAX or its licensors and may not be copied, imitated, or used, in whole or in part, without our prior written permission.
WAX will grant you permission to use portions of the Site, provided that you do not change or delete any proprietary notices from downloaded or printed materials; copy or post such information on any networked computer; broadcast it in any media; or make any representations or warranties relating to such documents or Content.
Other than this limited permission, you may not copy, reproduce, republish, upload, post, publicly display, encode, translate, transmit or distribute, in any way (including “mirroring”) to any other computer, server, website, medium or commercial enterprise, any part of the Site or any Content without our express prior written consent.
Nothing on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Site or the Content except as explicitly permitted or consented by these Terms.
Portions of the Site are released under open source licenses. For more information, please review the Software License Notice.
Digital Millennium Copyright Act Notice
WAX respects the intellectual property rights of others and users of the Site are expected to do the same. We will investigate reports of alleged infringement and will take appropriate action to remove or disable access to any material found likely to be infringing.
If you believe our Site (or any portion of it) infringes your copyright, please provide the following information:
- A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that has allegedly been infringed
- A description of the copyrighted work that you believe has been infringed
- The location on the Site of this allegedly infringing material
- Your address, telephone number and email address and any other pertinent information sufficient to allow WAX to contact you
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf
Notices of claimed copyright infringement should be directed to:
By mail: Britcay House, 236 Eastern Avenue, George Town, Grand Cayman KY1-1102, Cayman Islands
By email: [email protected] (Please include “notice of infringement” in the subject line.)
THE SITE AND THEIR CONTENT ARE FOR GENERAL INFORMATION ONLY AND PROVIDED “AS IS” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND.
WE DO NOT WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED OR WITHOUT PROBLEMS OR ERRORS, THAT DEFECTS IN OR ON THE SITE WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME THE ENTIRE RISK OF ANY RELIANCE ON THE SITE OR ITS CONTENTS.
WE DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS REGARDING THE SITE OR THEIR CONTENTS, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, REASONABLE CARE, SECURITY, QUALITY, TIMELINESS, AVAILABILITY, COMPLETENESS, RELIABILITY, ACCURACY, AND/OR FITNESS FOR A PARTICULAR PURPOSE (WHETHER OR NOT WE ARE IN FACT AWARE OF ANY SUCH PURPOSE).
WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF TITLE AND/OR NON-INFRINGEMENT WITH RESPECT TO THE SITE OR ITS CONTENT.
The information on the Site does not constitute the rendering of legal, accounting, tax or other such professional advice.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL WAX, ITS AFFILIATES OR ITS SUBSIDIARIES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SPONSORS OR AGENTS BE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, OR INFORMATION CONTAINED WITHIN THE SITE, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES WHETHER THE DAMAGES ARE BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY IN WHOLE OR IN PART TO YOU.
Any claim under these Terms must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred, and any claim by you is subject to the Limitation of Liability set forth above.
When using the WAX Marketplace API, all other WAX Marketplace Terms still apply.
Governing Law and Jurisdiction
These Terms and the resolution of any dispute related to these Terms, the Site, or the Content, will be governed by and construed according to the laws of the Cayman Islands. Any action to enforce these Terms or a matter or dispute arising out of the Site or their Content will be held in and subject to the exclusive jurisdiction and venue of the courts in the Cayman Islands.
Failure by WAX to insist upon strict enforcement of any provision of these Terms will not be construed as a waiver of any provision or right held by WAX.
If any of these Terms are deemed invalid, void, or unenforceable, that term will be deemed severable and will not affect the validity and enforceability of any remaining term.
You may not assign or transfer your rights or obligations under the Terms, by operation of law or otherwise, without WAX’s prior written consent. Any attempt by you to assign or transfer your rights or obligations under these Terms, without such consent, will be null and of no effect. WAX may assign or transfer its rights and obligations under these Terms, at its sole discretion, without restriction. Subject to the foregoing, the rights and obligations of the parties under these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
The trademarks and other logos, product, and service names are trademarks and service marks owned by or licensed to WAX or its affiliates. You agree not to display or use the trademarks in any manner without the prior written permission of WAX or its appropriate affiliates.
All other trademarks are the property of their respective owners.
Last modified: October 3, 2019