Term of use
These Terms of Use constitute a legally binding agreement between you, whether as an individual user or on behalf of an entity ("you"), and Goatly ("we," "us," or "our") concerning your access to and usage of the Goatly.farm website, Goatly mobile application ("App"), and all other related assets linked or associated with social media channels, social networks, communities, or mobile applications (collectively referred to as the "Site" and the "App"). Goatly is a decentralized application launching and operating on the Binance Smart Chain (the "Blockchain"), utilizing a specially developed system known as the Smart Contract (the "Smart Contract"). This Smart Contract facilitates users in battling, owning, and trading $GTF tokens at varying rates. These assets are then visually represented on a website that users can interact with through the Site. The Smart Contract and the Site, together, are referred to as the "App" within these Terms. By utilizing the App, users can manage their assets and employ the Smart Contract for battling and trading with other App users.
We are only willing to grant access to the App, Smart Contract, and Site if you accept all of these terms. By using the App, Smart Contract, the Site, or any asset-related elements, or by clicking "I accept" below and checking the tick box, you confirm that you have read, comprehended, and agreed to abide by all of these Terms of Use. If you do not agree with or accept all of these Terms of Use, you are not eligible to use the App, the Site, or the Smart Contract. You must cease any use of our assets immediately.
Supplemental terms and conditions or any additional documents that may be published on the Site, the App, and the Smart Contract in the future will be integrated with the existing Terms of Use. We reserve the right, at our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. You will receive notifications of any changes and can access them by referring to the most recent version of these Terms of Use. However, it is not legally mandatory for us to provide specific notifications or release changelogs indicating such changes. It is your responsibility to periodically review these Terms of Use to stay fully informed of updates. By continuing to use the Site, the App, and the Smart Contract after such revised terms become effective on a specified date, you will be subject to and considered as having acknowledged and accepted the changes in any revised Terms of Use.
Information on the Site, the App, and the Smart Contract is not intended for distribution to, or use by, any individual or entity in any jurisdiction or country where such distribution or use would violate existing laws or regulations. It should also not subject us to any registration requirements within the territories of said jurisdiction or country. In fact, individuals who choose to access the Site and/or the App from outside our home country are assumed to do so voluntarily and are legally responsible for complying with local laws, provided they are applicable to them to some extent.
Our product is designed for users who are at least 18 years old. Individuals under the age of 18 are not permitted to use any of our assets, including the Site, the App, and the Smart Contract.
1.INTELLECTUAL PROPERTY COPYRIGHT
Aside from other expressly stated indications, the Site, the App, and the Smart Contract are our proprietary assets, including all source codes, databases, functionalities, software, website designs, audio, video, text, photographs, and graphics found on the Site and the Apps (collectively referred to as the "Content"). Trademarks, service marks, and logos (the "Marks") are owned by us, under our legal license, and are protected by intellectual property copyright registration.
With the exception of uses explicitly outlined and provided for in these Terms of Use, no part of the Site, the App, the Smart Contract, or any Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purposes without obtaining our prior legal approval.
If you are eligible to use the Site, the App, and the Smart Contract, you are granted limited access to and use of the Site, allowing you to download or print a copy of any portion of the Content for personal, non-commercial use.
2.USER REPRESENTATIONS
By utilizing the Site, the App, and the Smart Contract, you declare and affirm that:
All registration information you provide is accurate, truthful, and up-to-date.
You will maintain the accuracy of this information and promptly update it when necessary.
You possess the legal capacity and a thorough understanding of compliance with these Terms of Use.
You are not a member of a minority community governed by laws and regulations that differ substantially from ours.
You will not access the Site, the App, and the Smart Contract through automated or non-human means, such as bots or scripts.
You will not use the Site, the App, and the Smart Contract for any illegal or unauthorized purposes.
Your usage of the Site, the App, and the Smart Contract will not violate any applicable laws or regulations.
You will maintain only one account associated with one device at a time.
You are not on any blacklist maintained by any organization for reasons including engaging in scams, fraud, illegal data exploitation, using third-party software for personal gain, attempting unauthorized access to and damage to our assets, and similar activities. If we discover any illicit activities, we reserve the right to intervene promptly and resort to legal measures if necessary.
3.USER REGISTRATION
To access certain features of the Site, the App, and the Smart Contracts, you may need to register. You agree to maintain the confidentiality of your password and will be held accountable for all activities conducted using your account and password. We retain the right, at our sole discretion, to remove, reclaim, or alter a username you choose if we determine it to be inappropriate, obscene, or otherwise objectionable.
4.WALLETS and DIGITAL ASSETS
Goatly allows users to access and manage BEP20 digital blockchain-based assets ("Digital Assets"). Your wallet, Digital Assets, and cryptocurrencies are entirely under your control. You are solely responsible for initiating any transfers of Digital Assets and managing your funds. In no circumstances can we interfere with the storage and transactions of your Digital Assets from your wallets. Goatly does not maintain any blockchain wallets.
By using Goatly, you hereby acknowledge and agree that Goatly bears no liability for or control over the safety, suitability, quality, delivery, legality, or any other aspects of your Digital Assets.
5.PROHIBITED ACTIVITIES
You may only access or use the Site, the App, and the Smart Contract for the purposes for which we have made them available. These platforms should not be utilized for any commercial activities unless explicitly approved by our legal teams at Goatly.
Prohibited actions include:
Systematically retrieving data or other content from the Site, the App, and the Smart Contract to create or compile, directly or indirectly, a collection, compilation, database, or directory without our approval.
Making any unauthorized use of the Site, the App, and the Smart Contract, such as collecting usernames and/or email addresses of registered users using third-party software, creating user accounts through automated means (including bots), or concealing identities by falsifying IP addresses.
Using a buying agent or purchasing agent to make purchases on the Site, the App, and the Smart Contracts.
Using these platforms to advertise and sell personal goods and services unrelated to Goatly.
Attempting to circumvent, disable, or otherwise interfere with security features of the Site, the App, and the Smart Contract, including those that prevent or restrict copying of Content or enforce limitations on their usage.
Engaging in deception, fraud, or misleading conduct with the intent of obtaining sensitive account information, such as user passwords, from us or other users.
Misusing our support services or submitting false reports.
Employing automated means or artificial intelligence to disrupt our assets, including using scripts to send comments or messages, or employing data mining tools, robots, data extraction tools, and similar technologies.
Interfering with or causing interruptions to the Site, the App, the Smart Contract, or any related networks or services.
Attempting to impersonate another user or person, or using another user's username.
Selling or transferring your game account.
Using any information obtained from the Site, the App, and the Smart Contract to harass, abuse, or harm another person.
Employing the Site, the App, and the Smart Contract as part of an effort to compete with us or using them or any product-related entity for commercial purposes.
Attempting to decipher, decompile, disassemble, or mechanically interfere with any software components or assets of the Site, the App, and the Smart Contract.
Trying to bypass any measures designed to prevent or restrict access to the Site, the App, and the Smart Contract.
Harassing, intimidating, or threatening our employees or agents whose responsibilities include providing any part of the Site, the App, and the Smart Contract directly to you.
Removing logos or marks representing copyright or other proprietary rights from our products.
Using multiple accounts to get rewards is strictly prohibited.
6.FEE AND PAYMENT
All purchases from the site or marketplace will be carried out through smart contracts on a blockchain, utilizing a wallet such as MetaMask. Any financial transactions you undertake will be exclusively conducted via the blockchain, and we will have no access or control over these payments or transactions. Additionally, we lack the capability to reverse any transactions. Consequently, we hold no liability to you or any third party for any claims or damages that may arise due to transactions you engage in via the Site and/or the App or through the use of the Smart Contracts, or any other transactions conducted via the BSC network.
It's important to note that the BSC network necessitates the payment of a transaction fee, commonly known as a "Gas Fee," for every transaction conducted on the network. This Gas Fee supports the network of computers that power the decentralized BSC network. Therefore, you will be required to pay a Gas Fee for each transaction conducted through the App.
7.SUBMISSION
You must fully understand and agree that any questions, comments, suggestions, ideas, feedback, or other forms of information regarding the use of the Site, the App, and the Smart Contract ("Submissions") that you provide to us are non-confidential and will eventually become our property. We have the right to use these Submissions without restrictions for any lawful purposes, including commercial activities, without the need to notify you or provide compensation. You should also be aware of the discretion we hold regarding any content you submit to the Site, the App, and the Smart Contract. Any content that violates laws and regulations will be promptly removed without notification.
8.THIRD-PARTY WEBSITE AND CONTENT
Third-party websites refer to websites linked from the Site and/or App, while third-party content encompasses articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items that belong to or originate from third parties.
We are not accountable for the Terms of Use governing any Third-Party Websites you access via the Site and/or the App, or for any Third-Party Content posted on, accessible through, or installed from the Site and/or the App. We bear no responsibility for the following aspects related to Third-Party Websites or Third-Party Contents: content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies contained within or associated with them.
If you choose to exit the Site and/or the App and access Third-Party Websites or use/install any Third-Party Content, you do so at your own risk, and it's important to note that these Terms of Use no longer apply. Instead, the Terms of Use of the Third-Party Websites you are using take effect. You should carefully review the relevant terms and policies, including privacy and data collection practices, for any website you visit from the Site and/or the App or for any applications you use or install from the Site and/or the App.
Any purchases made through Third-Party Websites are no longer governed by our Terms of Use, and we bear no responsibility for any issues that may arise from such purchases. You acknowledge and agree that we do not endorse the products and services offered on Third-Party Websites, and you hold us harmless from any harm resulting from your purchase of these products and services.
Furthermore, any losses or harm you incur as a result of Third-Party Content or any interactions with Third-Party Websites are not our responsibility.
9.ADVERTISER
We offer sections within the Site and the App for advertisements and other information. Advertisers bear full responsibility for the accuracy and reliability of their advertisements, including the services and products they promote. These advertisements must not violate any regulations, and advertisers must demonstrate that they possess the necessary rights, including but not limited to intellectual property rights, publicity rights, and contractual rights. We assume no responsibility in the event of any violations of these rights.
10.TERMINATION
These Terms of Use remain in full force and effect while you use the Site, the App, and the Smart Contracts. Without limiting any other provision of these Terms of Use, we retain the right, at our sole discretion and without notice or liability, to deny access to and use of the Site, the App, and the Smart Contract (including blocking certain IP addresses) to any person for any reason or for no reason. This includes reasons such as breach of any representation, warranty, or covenant contained in these Terms of Use, or violation of any applicable law or regulation. We may terminate your use or participation in the Site, the App, and the Smart Contract or delete your account without prior warning, at 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 fictitious name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating and suspending your account, we reserve the right to take appropriate legal action, including, but not limited to, pursuing civil, criminal, and injunctive remedies.
11.DISCLAIMERS
You explicitly understand and agree that your access to and utilization of the Site, the App, and the Smart Contracts are solely at your own risk. These services are provided "as is" and "as available" without warranties of any kind, whether express or implied. To the fullest extent permitted by applicable law, we, along with our subsidiaries, affiliates, and licensors, make no express warranties and hereby disclaim all implied warranties regarding the Site, the App, and the Smart Contracts, including any part of them (such as the Site, any smart contract, or any external websites). This includes 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 to you that:
(i) Your access to or use of the Site, the App, and the Smart Contracts will meet your requirements.
(ii) Your access to or use of the Site, the App, and the Smart Contracts will be uninterrupted, timely, secure, or free from error.
(iii) Usage data provided through the Site, the App, and the Smart Contracts will be accurate.
(iv) The Site, the App, and the Smart Contracts, or any content, services, or features made available on or through them, are free of viruses or other harmful components.
(v) Any data you disclose when using the Site, the App, and the Smart Contracts will be secure.
Please note that in some jurisdictions, the exclusion of implied warranties in contracts with consumers may not be allowed, so some or all of the above exclusions may not apply to you.
You acknowledge and accept the inherent security risks associated with providing information and conducting online activities over the Internet. You agree that we are not liable or responsible for any security breaches unless they result from our gross negligence.
We will not be responsible or liable for any losses you incur as a result of your use of the Blockchain, including but not limited to any loss, damage, or claim arising from:
(a) User error, such as forgotten passwords or incorrectly executed 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 against the app, BSC network, or the Metamask electronic wallet.
Goatly tokens are intangible digital assets that exist solely through ownership records maintained on the Blockchain. All smart contracts are executed on the decentralized ledger within the BSC network. Goatly has no control over and makes no guarantees or promises regarding the smart contract. Goatly is not responsible for losses due to the Blockchain or any other features of the Blockchain, including but not limited to delayed or absent reports by developers or representatives regarding blockchain issues, such as forks, technical node problems, or any other issues resulting in financial losses.
12.LIMITATION OF LIABILITY
You understand and agree that we, along with our subsidiaries, affiliates, and licensors, will not be liable to you or any third party for any indirect, incidental, special, consequential, or exemplary damages you may incur. These damages include, but are not limited to, loss of profits (both direct and indirect), loss of goodwill or business reputation, loss of data, cost of procuring substitute goods or services, or any other intangible losses. Even if we have been advised of the possibility of such damages, you agree and acknowledge that our total aggregate liability to you for any and all claims arising from or related to these terms or your access to or use of (or inability to access or use) any part of the Site, the App, and the Smart Contracts, whether in contract, tort, strict liability, or any other legal theory, is limited to the greater of:
(a) The amounts you actually paid us under these terms in the twelve (12) month period preceding the date the claim arose, or
(b) One hundred (100) US dollars.
You agree and acknowledge that we have provided the Site, the App, and the Smart Contracts to you and entered into these terms based on the warranty disclaimers and limitations of liability outlined herein. These disclaimers and limitations of liability represent a reasonable and fair distribution of risk between the parties and are an essential basis of the agreement between us. We would not be able to offer the Site, the App, and the Smart Contracts to you without these limitations.
Please note that some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, and some jurisdictions may restrict disclaimers or limitations of liability for personal injury resulting from consumer products. As a result, the above limitations may not apply to claims related to personal injury.
13.ASSUMPTION OF RISK
You accept and acknowledge each of the following:
(1) The prices of blockchain assets are highly volatile, and fluctuations in the prices of other digital assets can significantly and adversely affect the value of your $GTF. Your $GTF may also be subject to substantial price volatility, and we cannot guarantee that purchasers of $GTF will not incur losses.
(2) You bear sole responsibility for any taxes applicable to your $GTF-related transactions, in accordance with the tax rules of your respective country or region. Goatly is not responsible for determining the taxes that apply to your transactions on the App, the Site, or the Smart Contract.
(3) Using an Internet-based currency involves risks and limitations, including but not limited to the risk of hardware and software failures, Internet connectivity issues, the potential introduction of malicious software, and the risk of unauthorized third-party access to information stored in your wallet. You accept and acknowledge that Goatly will not be held responsible for any communication failures, disruptions, errors, distortions, or delays you may encounter while using the Blockchain.
(4) The lack of use or limited public interest in the creation and development of distributed ecosystems could have a negative impact on the development of the Goatly ecosystem, thereby affecting the potential utility or value of $GTF.
(5) The regulatory landscape for blockchain technologies, cryptocurrencies, and tokens is currently uncertain. The introduction of new regulations or policies may have a material adverse effect on the development of the Goatly ecosystem and, consequently, on the potential utility or value of $GTF.
14.INDEMNIFICATION
You agree to indemnify and defend us, including our affiliates and respective directors, officers, and personnel from and against all losses, costs, damages, expenses, and liabilities (including reasonable legal fees and disbursements) that may be suffered or incurred by Third-Party arising out of or as a result of or relating in any manner to a claim relating to:
(1) use of the Site,
(2) breach of these Terms of Use,
(3) any breach of your representations and warranties set forth in these Terms of Use,
(4) your violation of the rights of a third party, including but not limited to intellectual property rights, or
(5) any overt harmful act toward any other use of the Site, the App, and the Smart Contracts with whom you connected via the Site, the App, and the Smart Contracts.
Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
15.USER DATA
Certain data, including your usage data of the Site, the App, and the Smart Contracts, will be retained by us for the purpose of managing the performance of the Site, the App, and the Smart Contracts. While we conduct regular routine backups of data, you bear sole responsibility for all data you transmit or release as part of any activity you perform using the Site, the App, and the Smart Contracts. You agree that we shall not be held liable to you for any loss or corruption of such data, and you hereby waive any right to take legal action against us in relation to any such loss or corruption of data.
16. MISCELLANEOUS
These Terms of Use, along with any policies or operating rules posted by us on the Site, the App, and the Smart Contracts, 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 reserve the right to 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, and unenforceable, that particular provision is deemed separable from the whole of the Terms of Use and does not affect the validity and enforceability of any remaining provision.
No joint venture, partnership, employment, or agency relationship is created between you and us as a result of these Terms of Use or your use of the Site. 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 physical signatures by the parties to execute these Terms of Use.
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