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Chickly Terms of Use
Chickly (“we,” “us,” or “our”) provides its services (described below) and related content to you (“you” or “User”) through its website, platform, and Smart Contracts (defined below) for Chickly located at Chickly.io (the “Site”), subject to these Terms of Use (as amended from time to time, the “Terms”). The Privacy Policy and all such additional terms, guidelines, and rules as set forth on the Site are hereby incorporated by reference into these Terms and expressly agreed to and acknowledged by you. These terms govern your access to and use of this Site, as well as all content, functionality, and services offered on or through the Site (collectively, the “Services”), and Chickly NFTs (defined below). By signing up for an account on the Site, connecting your cryptocurrency wallet (e.g., MetaMask or WalletConnect) to the Services, or otherwise using or accessing the Services or any Chickly NFTs, you acknowledge that you have read and agree to these Terms. By agreeing to these Terms, you hereby certify that you are at least 18 years of age. If you do not agree to these Terms, you must not access or use the Site. We reserve the right, at our sole discretion, to change or modify portions of these Terms at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these Terms were last revised. We will also notify you, either through the Site user interface, in an email notification or through other reasonable means. Any such changes will become effective when posted, unless a different date is indicated by us. Your continued use of the Site after the date any such changes become effective constitutes your acceptance of the new Terms of Use.
SMART CONTRACT ENABLED
A Chickly NFT is a non-fungible Binance-based token (“NFT”) that uses smart contracts on the Binance blockchain (“Smart Contracts”). The Binance blockchain provides an immutable ledger of all transactions that occur on the blockchain. This means that all Chickly NFTs are outside of the control of any one party, including Chickly, and are subject to many risks and uncertainties. Chickly neither owns nor controls MetaMask, WalletConnect, the Binance network, your browser, or any other third party site, product, or service (including third party wallets or marketplaces) that you might access, visit, or use for the purpose of enabling you to use the Services or to purchase, list, auction, or sell Chickly NFTs (“Transaction”), and that, except with respect to transferring control of a Chickly NFT to the initial purchaser through the Services (“Initial Purchaser”), Chickly has no responsibility with respect to any Transaction. Chickly will not be liable for the acts or omissions of any third parties, nor will Chickly be liable for any damage that you may suffer as a result of your Transactions or any other interaction with any third parties. You understand that your Binance public address will be made publicly visible whenever you engage in a Transaction. Aside from transferring control of the Chickly NFT to the Initial Purchaser, Chickly has no control over the transfer, storage, ownership or maintenance of the Chickly NFT.
CHANGES TO THE SERVICES
Chickly reserves the right to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that Chickly will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services, including in relation to any Chickly NFT.
CONNECTING YOUR WALLET
In order to access and use the Services, including to engage in a Transaction, you must have and connect your digital wallet supported on MetaMask, WalletConnect or other wallet extensions or gateways as allowed on the Services (“Wallet”). Wallets allow you to purchase, store, and engage in transactions using the native Binance cryptocurrency, BNB. When you link your Wallet, you understand and agree that you are solely responsible for maintaining the security of your Wallet and your control over any wallet-related authentication credentials, including any seed phrase or private cryptocurrency keys, as well as NFTs or cryptocurrencies that are stored in or are accessible through your Wallet. Any unauthorized access to your Wallet by third parties could result in the loss or theft of Chickly NFTs and/or other assets held in your Wallet and any associated wallets, including any linked financial information such as bank account(s) or credit card(s). Chickly is not responsible for managing and maintaining the security of your Wallet. Chickly has no responsibility or liability to you for any unauthorized access to or use of your Wallet or if you are unable to locate your credentials.
SALE OF CHICKLY NFT
When each Chickly NFT is sold, the agreement for sale is between Chickly and the Initial Purchaser. By placing an order on the Site, you agree that you are submitting a binding offer to purchase a Chickly NFT, you agree to pay all applicable fees associated with the Transaction, and you authorize Chickly to automatically charge and collect such fees from your payment instrument or Wallet. No refunds are permitted except with respect to any statutory warranties or guaranties that cannot be excluded or limited by law.
CHICKLY INTELLECTUAL PROPERTY RIGHTS
You acknowledge and agree that the Services may contain content or features (“Services Content”) that are protected by copyright, patent, trademark, trade secret, or other proprietary rights and laws. Except as expressly authorized by Chickly, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on the Services or the Services Content, in whole or in part. Any use of the Services or the Services Content other than as specifically authorized herein is strictly prohibited. Chickly's name and logos are trademarks and service marks of Chickly (collectively the “Chickly Trademarks”). Other company, product, and service names and logos used and displayed via the Services may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Chickly. All of these rights are expressly reserved in the name of Chickly and/or its affiliates. Nothing in these Terms or the Services should be construed as granting or waiving, by implication, estoppel, or otherwise, any license or right to use any of Chickly Trademarks or, other than the copyrights to the Art (as set forth below), any other intellectual property of Chickly, without Chickly's prior written permission in each instance. All rights in such intellectual property are reserved by Chickly and/or its affiliates, and all goodwill generated from the use of Chickly Trademarks will inure to our exclusive benefit. You are not permitted to use Chickly Trademarks without express, written permission. You agree that you will not use or seek to register any Chickly names, brands, Chickly Trademarks or confusingly similar variations, or other trademark for any purpose without obtaining our prior written consent. Such approval shall be in Chickly’s entire and sole discretion. Nonresponse to a request for such approval shall not be deemed an approval.
NO PROFESSIONAL ADVICE; TRANSACTION RISKS
The information on this Site and any information provided in connection with the Services are provided to Chickly NFT owners only and for information only and do not constitute, and should not be construed as, professional advice or a recommendation to purchase, sell, trade, or otherwise transact in any digital asset including any products or services or an invitation, offer or solicitation to engage in any purchase, sale, trade, or other transaction with respect to any digital asset. The information on this Site and any information provided in connection with the Services provided to Chickly NFT owners are provided solely on the basis that you will make your own transaction decisions, and Chickly does not take account of any person's financial or other objectives, particular needs, or financial situation. In addition, nothing on this Site or any information provided in connection with the Services provided to Chickly NFT owners shall, or is intended to, constitute financial, legal, accounting or tax advice. It is strongly recommended that you seek professional advice before making any transaction decision. Any decision that you make should be based on an assessment of your risks in consultation with your professional adviser(s). There are risks associated with purchasing and holding digital assets. Loss of the full amount of the purchase price is possible. Volatility is highly likely, and some of the protocols and platforms may fail entirely due to forking, flaws in the code, hacking or other malicious attacks. THESE TERMS DO NOT REPRESENT A COMPLETE STATEMENT OF RISK FACTORS ASSOCIATED WITH THE DIGITAL ASSETS OR PRODUCTS OR SERVICES THAT MAY BE VIEWED OR TRACKED ON THIS SITE OR THAT MAY BE FEATURED OR DISCUSSED IN CONNECTION WITH THE SERVICES FOR CHICKLY NFT COLLECTORS. YOU SHOULD CONSIDER THESE RISK WARNINGS CAREFULLY AND TAKE APPROPRIATE ADVICE BEFORE TAKING ANY DECISION TO PURCHASE, SELL, TRADE OR OTHERWISE TRANSACT IN A DIGITAL ASSET.
RESTRICTIONS
You agree that you will not, and will not permit any third party to, do or attempt to do any of the following without Chickly's express prior written consent in each case:
PRIVACY
Our Privacy Policy is a part of these Terms. Please review the Privacy Policy, which also governs the Services and informs Users of our data collection practices.
RISKS
You agree and understand that you are solely responsible for determining the nature, potential value, suitability, and appropriateness of these risks for yourself, and that we do not give advice or recommendations regarding Chickly NFTs, including the suitability and appropriateness of, and investment strategies for, Chickly NFTs. You agree and understand that you access and use the Services, Chickly NFTs at your own risk; however, this brief statement does not disclose all of the risks associated with Chickly NFTs and other digital assets. You agree and understand that Chickly will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using Chickly NFTs, however caused.
DISCLAIMER OF WARRANTIES
YOUR USE OF THE SERVICES AND CHICKLY NFTs IS AT YOUR SOLE RISK. EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY CHICKLY, THE SERVICES, SERVICES CONTENT, AND ANY AND ALL CHICKLY NFTs ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. CHICKLY AND ITS AFFILIATES AND ITS AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, REPRESENTATIVES, DIRECTORS AND AGENTS (COLLECTIVELY, “REPRESENTATIVES”) MAKE NO WARRANTY THAT (I) THE SERVICES, CHICKLY NFTS WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES, CHICKLY NFTS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, CHICKLY NFTS WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY SERVICES, CHICKLY NFTS OR ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES, CHICKLY NFTS WILL MEET YOUR EXPECTATIONS. CHICKLY AND ITS AFFILIATES AND ITS AND THEIR REPRESENTATIVES WILL NOT BE LIABLE FOR ANY LOSS OF ANY KIND FROM ANY ACTION TAKEN OR TAKEN IN RELIANCE ON MATERIAL OR INFORMATION, CONTAINED ON THE SERVICES, CHICKLY NFTs. CHICKLY DOES NOT REPRESENT OR WARRANT THAT SERVICES CONTENT IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. CHICKLY NFTs ARE INTANGIBLE DIGITAL ASSETS. THEY EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED IN THE BINANCE NETWORK. ANY TRANSFER OF TITLE THAT MIGHT OCCUR IN ANY UNIQUE DIGITAL ASSET OCCURS ON THE DECENTRALIZED LEDGER WITHIN THE BINANCE PLATFORM. WE DO NOT GUARANTEE THAT CHICKLY CAN EFFECT THE TRANSFER OF TITLE OR RIGHT IN ANY CHICKLY NFT.
SEVERABILITY
If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.
ASSIGNABILITY
You may not assign the Terms without the prior written consent of Chickly, but Chickly may assign or transfer these Terms, in whole or in part, without restriction.
MISCELLANEOUS
These Terms constitute the entire agreement between you and Chickly and govern your use of the Services, Chickly NFTs superseding any prior agreements between you and Chickly with respect thereto. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity. You also may be subject to additional terms and conditions that may apply when you use affiliate or third party services, third party content or third party software. The failure of Chickly to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services, any Chickly NFT or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The section titles in these Terms are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. Chickly may also provide notices to you of changes to these Terms or other matters by displaying notices or links to notices generally on the Services.
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