Terms of Use
1. INTRODUCTION
These GROG & GLORY Terms of Use, together with any supplemental terms and policies incorporated herein, constitute a legally binding agreement (collectively referred to as the "Terms" or "Terms of Use") made between you, whether personally or on behalf of an entity ("you", "User") and GROG & GLORY (the entity responsible for publishing the GROG & GLORY game on Telegram, referred to as "we", "us", or "our"), concerning your access to and use of the GROG & GLORY web app (the "App"), as well as any other media, mobile websites, mobile applications, or services made available by or on behalf of GROG & GLORY and related, linked, or otherwise connected thereto (collectively, with the App and any Smart Contracts or other software or services enabled thereby, the "Services"). The Services include any distributed application may include one or more blockchain networks, which may include the TON Network or other blockchain systems (the "Blockchains"), using smart contracts (each, a "Smart Contract") that interact with digital assets, such as tokens or NFTs. These Digital Assets may be visualized or interacted with via the Services and other third-party platforms.
The Services are not intended for distribution in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or where it would subject us to any registration requirement or legal compliance. You are solely responsible for ensuring compliance with all applicable laws when accessing or using the Services.
PLEASE NOTE THAT SECTION 13 OF THESE TERMS CONTAINS PROVISIONS REGARDING DISPUTE RESOLUTION. AMONG OTHER THINGS, SECTION 13 INCLUDES AN AGREEMENT TO ARBITRATE, WHICH REQUIRES THAT ALL DISPUTES BETWEEN YOU AND US SHALL BE RESOLVED THROUGH FINAL AND BINDING INDIVIDUAL ARBITRATION, WITH LIMITED EXCEPTIONS.
PLEASE REVIEW SECTION 13 CAREFULLY.PLEASE NOTE THAT SECTION 4 CONTAINS YOUR CONSENT TO RECEIVE COMMUNICATIONS FROM US, INCLUDING TEXT MESSAGES AND PUSH NOTIFICATIONS.
We provide the Services to you based on the Terms set forth here. By using the Services or any related product or service provided by GROG & GLORY, you agree that you have read, understand, and agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, you are expressly prohibited from using the Services and must discontinue use immediately.
Please refer to our Privacy Policy for information about how we collect, use, and share personal information. By submitting data through the Services, you expressly consent to the collection, use, and disclosure of your personal data as outlined in the Privacy Policy.
Changes to the Terms of Use: We reserve the right to modify these Terms of Use at any time and in our sole discretion. If we make changes, we will notify you through Telegram channels, via the Services, or by updating the "Last Updated" date at the beginning of these Terms. By continuing to access or use the Services after such changes, you confirm your acceptance of the revised Terms of Use. We encourage you to review the Terms regularly to stay informed of updates. If you do not agree to the revised Terms of Use, you may not access or use the Services.
2. OUR SERVICES
2.1. General
The Services include an online platform through which users can play the GROG & GLORY game and purchase Digital Assets or other Items (as defined below) that can be used in the game. To access certain features of the Services, including purchasing Digital Assets, users may be required to connect a compatible digital wallet.
2.2 Digital asset terms
There may be limits or other terms that apply to the purchase, sale, or use of Digital Assets or Items within GROG & GLORY's Content (defined below). These may include, without limitation, any fees related to the resale of a Digital Asset or Item, regardless of whether such resale occurs on or off the platform. GROG & GLORY will display such terms at the point of sale or elsewhere within the Services (collectively, the "Digital Asset Terms").
2.3. Disclaimers with respect to the services
Any information provided by GROG & GLORY on any platform or through the Services is for informational and entertainment purposes only. It should not be considered an offer to sell or a solicitation to buy any interest in any security, entity, investment vehicle, or contract, including Digital Assets.
2.4. Updates
You acknowledge that the Services are continuously evolving. We may require you to accept updates to continue using any part of the Services. You agree that GROG & GLORY may update the Services with or without notifying you. Any future release, update, or other additions to the Services will be subject to these Terms of Use. GROG & GLORY, its suppliers, and service providers reserve all rights not expressly granted by these Terms. Any unauthorized use of the Services will terminate the licenses granted under these Terms of Use.
3. INTELLECTUAL PROPERTY RIGHTS
3.1. Ownership
Unless otherwise indicated by us in writing, the Services and all content and other materials contained within GROG & GLORY, including but not limited to designs, text, graphics (still or animated), animations, images, information, data, software, and the overall selection and arrangement (collectively, the "Content"), are the proprietary property of GROG & GLORY or our affiliates, licensors, or users, as applicable. The GROG & GLORY logo, and any product, service name, logo, slogan, trademark, and service mark (the "Marks") are owned or licensed to us and are protected by copyright, trademark laws, and other intellectual property rights and unfair competition laws of various jurisdictions and international conventions. Except as expressly stated in these Terms of Use, no part of the Services, 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 purpose without our prior written permission. Reference to any products, services, processes, or other information by name, trademark, manufacturer, or otherwise does not imply endorsement, sponsorship, or recommendation by GROG & GLORY.
3.2. Access to Services
Subject to your compliance with these Terms of Use and your eligibility to use the Services, you are granted a limited, revocable, non-exclusive, non-transferable, non-assignable, non-sublicensable right to access and use the Services and Content for personal, non-commercial purposes. However, this right does not include any rights to:
(i) Sell, resell, or use the Services or Content for commercial purposes.
(ii) Distribute, publicly perform, or display any Content.
(iii) Modify or make derivative works from the Services or Content.
(iv) Use any data mining, robots, or other similar data gathering or extraction methods.
(v) Download (except page caching) any part of the Services or Content, unless explicitly permitted by us.
(vi) Use the Services or Content for any purposes other than those intended. We reserve all rights not expressly granted to you in these Terms, including those related to the Services, the App, the Content, and the Marks.
4. COMMUNICATIONS
By accessing or using the GROG & GLORY Services, you consent to receive communications from us electronically (e.g., Telegram, or by posting notices within the game). These communications may include important information regarding your use of the Services (e.g., transactional details) and are part of your relationship with us. You agree that any notices, agreements, disclosures, or other communications we provide electronically will satisfy any legal communication requirements, including, but not limited to, the requirement that such communications be in writing. You are encouraged to retain copies of these electronic communications by printing a physical copy or saving an electronic version. We have no obligation to store or provide ongoing access to any electronic communications for future reference.
5. USER REGISTRATION
Unlike traditional apps, GROG & GLORY doesn't require you to fill out a registration form or provide an email address. Instead, your participation is linked directly to your Telegram account. By connecting your account to the Services, you agree that you are responsible for all activities carried out through that account. This includes any interactions or transactions involving digital assets such as TON, tokens, NFTs, or other in-game items. GROG & GLORY reserves the right to monitor activities within the game to prevent fraud, unauthorized use, or other violations of these terms.
User Representations and Warranties
When using GROG & GLORY, you represent and warrant the following:
- **Authority:** You confirm that you are legally capable of entering into this agreement and complying with these terms. You must be at least 18 years old to play the game or 13+ with parental or guardian consent. By accessing the game, you represent that you meet this age requirement.
- **Accuracy of Information:** You guarantee that all information provided, such as wallet details or other identifiers, is accurate. You also confirm that neither you nor any entities related to you are listed in trade embargoes, economic sanctions, or denied persons lists from organizations like OFAC or the U.S. Department of Commerce.
- **Independent Understanding:** You are knowledgeable about blockchain technology and digital assets. Your decision to play GROG & GLORY is based on your own research and understanding of the risks and benefits involved in gaming and blockchain. You acknowledge that legal frameworks for blockchain and digital assets are still evolving, and that potential risks may arise.
- **Litigation and Compliance:** There are no legal proceedings or violations related to your blockchain activities, and you have not failed to comply with any laws pertaining to digital assets or token trading.
Countries
The GROG & GLORY game is not available to users residing in certain countries, including, but not limited to Afghanistan, the Central African Republic, the Democratic Republic of the Congo, Cuba, Guinea-Bissau, Iraq, North Korea, Libya, Mali, Somalia, South Sudan, Sudan, Syria, Venezuela, Yemen, Myanmar, and Mainland China. By using the Services, you confirm that you are not a resident of any of these countries.
Users from these countries are not allowed to use the Services. The User is obliged to independently find out and monitor whether the use of the Services is permitted in his country.
Requirements
To use the Services, you must provide all necessary equipment and software, including a mobile device capable of connecting to and using the game. You are solely responsible for any fees incurred while accessing the game, such as internet or mobile data charges.
6. ANTI-BOT MEASURES AND MULTI-ACCOUNT USAGE
We promote fair gameplay, and users are required to follow the rules and respect the gaming experience of other players.
**6.1. Automated bots are prohibited**
Any account using bots will be banned, even if it is the only account holding rewards like TON.
**6.2. Multi-accounts**
Multi-accounts (up to 5 per player) are allowed if they are managed manually, do not interact or exchange resources with each other through the Market, do not participate in resource "carousel" schemes, and do not assist each other in completing tasks or competitions with TON prizes. Such accounts are considered "family" accounts and are eligible to participate in the referral program. To ensure that an account is not considered in violation of the rules, two devices must be used during its gaming sessions to connect to the Service. Exceeding the limit of 5 accounts is considered a bot farm, and all related accounts, including the main one, will be banned.
**6.3. Suspicious account checks**
Accounts suspected of operating more than 5 accounts or using bots will be unable to withdraw tokens, NFT, or TON without automatic and manual verification, which may take up to 90 days. Access to the Market will also be restricted during the review. In disputed cases, withdrawals will only be allowed after video verification, including identity confirmation.
**6.4. Users are responsible for their accounts**
Transferring accounts to others is not recommended, and GROG & GLORY is not liable for any loss of items or progress due to unauthorized access.
7. FEES AND PAYMENT
**7.1. Pricing and Payment Terms**
All pricing and payment terms for non-Digital Assets or Items are as indicated at the point of sale or elsewhere within the Services. Any payment obligations you incur are binding at the time of purchase.
**7.2. Purchasing Digital Assets or Items**
When purchasing a Digital Asset or Item, you agree that you have read, understood, and accepted the terms applicable to that Digital Asset or Item, including any applicable Secondary Sale Fee. This applies even if the platform, blockchain, or marketplace facilitating the sale does not enforce or support such fees. You also agree to bind any subsequent purchaser of the Digital Asset or Item to these terms.
Any transactions with digital assets made between Users are conscious and voluntary. The User, making any transactions with digital assets, assumes any risks of financial losses, understands that transactions in favor of other Users are beyond the control of the GROG & GLORY, are not made in favor of the GROG & GLORY and are not part of the GROG & GLORY.
All transfers of digital assets or internal Telegram currencies including Ton and Stars are voluntary donations for the development of GROG & GLORY and are non-refundable. Use of the Service under the terms of this Terms is permitted solely for the personal non-commercial purposes of the User.
**7.3. Payment Processing**
Payment processing and related services (e.g., digital wallet management, card acceptance, merchant settlement) for the Services are handled by GROG & GLORY's third-party service providers, which may include third-party dApp providers such as Tonkeeper and Telegram services (each a "Third-Party Service Provider"). Your use of these services and payment processing is subject to your agreement with the Third-Party Service Provider for those services and payment terms, which may be modified from time to time (collectively, "Third-Party Service Provider Agreement"). You must provide accurate and complete information and authorize us to share it with the Third-Party Service Provider. If your agreement with the Third-Party Service Provider is terminated, you may not be able to use the Services, and your access may be suspended or terminated. We may update or add payment processing services at any time, and such changes may be subject to additional terms. Please note that we have no control over the Third-Party Service Provider's payment processing services and cannot reverse or refund any transactions.
**7.4. Blockchain Transaction Fees**
Each Blockchain may require a transaction fee (a "Gas Fee") for any transaction on the Blockchain. You may need to pay Gas Fees for transactions conducted via the Services. These fees may vary based on market conditions, and GROG & GLORY is not responsible for Gas Fees incurred during use of the Services.
**7.5. Sales Tax**
Users are solely responsible for determining, reporting, and paying any applicable taxes that may arise from trading assets related to the GROG & GLORY game on third-party platforms or marketplaces. GROG & GLORY is not responsible for withholding, collecting, or remitting any taxes in connection with such transactions. It is the user's responsibility to ensure compliance with all applicable tax laws and regulations in their jurisdiction.
8. USER CONTENT
**8.1. User Content**
"User Content" refers to any information or content that a user submits to, or uses with, the Services (e.g., content in the user's profile, posts, or interactions) or any of GROG & GLORY's profiles on other platforms (e.g., Telegram). You are solely responsible for your User Content and bear all risks related to its use, including any reliance on its accuracy, completeness, or usefulness by others, as well as any disclosure that personally identifies you or others. You hereby represent and warrant that your User Content does not violate our Acceptable Use Policy. You may not imply that your User Content is endorsed by GROG & GLORY. Since you are solely responsible for your User Content, you may be exposed to liability if your content violates any rules or laws. GROG & GLORY is not obligated to back up any User Content, and it may be deleted without prior notice. You are responsible for creating and maintaining your own backup copies of your User Content.
**8.2. User Content License**
You hereby grant (and represent and warrant that you have the right to grant) GROG & GLORY an irrevocable, nonexclusive, royalty-free, fully paid, worldwide license to reproduce, distribute, publicly display, perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content. This includes the right to grant sublicenses to improve the Services and our other products and services. You irrevocably waive any moral rights or claims of attribution with respect to your User Content.
**8.3. Right to Review or Remove**
We reserve the right (but have no obligation) to review, refuse, and/or remove any User Content in our sole discretion. We may also investigate or take appropriate action against you if you violate the Acceptable Use Policy or any other provisions of these Terms. This action may include removing or modifying your User Content, terminating your access to the Services, and/or reporting your activity to law enforcement authorities.
**8.4. Submissions**
By submitting questions, comments, suggestions, ideas, documents, proposals, feedback, or other information regarding the Services ("Submissions") to us, you do so at your own risk, and GROG & GLORY has no obligations (including confidentiality) with respect to such Submissions. You hereby grant GROG & GLORY a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, reformat, create derivative works of, and otherwise commercially or non-commercially exploit any and all Submissions. To the fullest extent permitted by law, you waive any moral rights to such Submissions, and you warrant that the Submissions are original or that you have the right to grant these licenses.
**9. INTERACTIONS WITH OTHER USERS**
You are solely responsible for your interactions with other players and any other parties with whom you engage; however, we reserve the right, but are not obligated, to step in on any disputes between players. The Services may contain content provided by other users ("User Content"). We are not responsible for and do not control User Content. We have no obligation to review or monitor, nor do we approve, endorse, or make any representations or warranties regarding any User Content, including content available through the Services. You use all User Content and interact with other players at your own risk. GROG & GLORY will not be responsible for any liability arising from your interactions with other users. Exercise caution and common sense when interacting with others, just as you would in offline situations with people you don't know.
WE, OUR SUBSIDIARIES, AFFILIATES, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, AND LICENSORS (EACH, A "GROG & GLORY PARTY" AND COLLECTIVELY "GROG & GLORY PARTIES") ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICE. NO GROG & GLORY PARTY WILL BE LIABLE FOR ANY CLAIM, INJURY, OR DAMAGE ARISING FROM YOUR INTERACTIONS WITH OTHER USERS OR YOUR USE OR INABILITY TO USE ANY DIGITAL ASSET PURCHASED FROM A SELLER.
10. THIRD-PARTY WEBSITES AND CONTENT
The Services may contain links to third-party websites ("Third-Party Websites") as well as various forms of content such as articles, photos, text, graphics, pictures, designs, music, sound, video, information, applications, advertisements, software, and other materials that originate from third parties ("Third-Party Content"). When you click on a link to a Third-Party Website or access Third-Party Content, we will not notify you that you are leaving the Services, and you will be subject to the terms and conditions (including privacy policies) of that third-party site. Such Third-Party Websites and Third-Party Content are not under the control of GROG & GLORY, and we do not investigate, monitor, or check their accuracy, appropriateness, or completeness. We are not responsible for any Third-Party Websites accessed through our Services, nor are we responsible for any Third-Party Content available through or installed from our Services, including any advertisements, services, or products offered on these third-party sites.
The inclusion of links to or allowing the use of any Third-Party Websites or Third-Party Content does not imply approval or endorsement by us. If you decide to leave our Services and access any Third-Party Websites or use Third-Party Content, you do so at your own risk, and these Terms of Use no longer apply. You should review the applicable terms, privacy policies, and data collection practices of any website you navigate to or any application you use or install from our Services. Any purchases you make through Third-Party Websites are solely between you and the third-party entity, and we assume no responsibility for such transactions.
You acknowledge and agree that we do not endorse products or services offered on Third-Party Websites, and you waive any claims against GROG & GLORY or its affiliates arising from or related to any Third-Party Content or Third-Party Websites. If you are an advertiser, you represent and warrant that you have the rights and authority to place advertisements on our platform, including intellectual property rights, publicity rights, and contractual rights.
We make no representations or warranties about any Third-Party Content, including any associated with Digital Assets (including NFTs or other items) displayed on our platform. You are solely responsible for verifying the accuracy, legitimacy, authenticity, and legality of any Digital Assets or items you may purchase from third-party sellers. We cannot guarantee that any Digital Assets or items displayed on our Marketplace will remain available for purchase, sale, or transfer, and their value may fluctuate or even become worthless. You are fully responsible for managing your own Digital Assets or items and their associated content.
11. ACCEPTABLE USE POLICY
You may not access or use the Services for any purpose other than that for which GROG & GLORY makes the Services available.
You shall not (and shall not permit any third party to):
- Use the Services for any purpose that is prohibited by these Terms or is inconsistent with applicable law, rule, or regulation.
- Violate, or encourage the violation of, the legal rights of others (this may include allowing users to infringe or misappropriate the intellectual property rights of others).
- Access the Services through automated or other non-human means, whether through a bot, script, or otherwise, except subject to a separate written agreement with us for the following purposes:
1. Managing scholarships.
2. Building public tools and bots that facilitate transparency and analysis.
3. Building private, non-commercial tools for storing data for analytical purposes. Abuse of public APIs by spamming requests may result in a ban from using those APIs in the future.
- Frame or use framing techniques to enclose any trademark, logo, or other Services (including images, text, page layout, or form) of GROG & GLORY.
- Use any metatags or other "hidden text" using GROG & GLORY's name or trademarks.
- Modify, translate, adapt, merge, create derivative works from, disassemble, decompile, reverse engineer, or reverse compile any part of the Services, except where the law expressly prohibits such restrictions.
- Remove or destroy any copyright notices or other proprietary markings in the Services.
- Engage in any activity or make available any content on or through the Services that:
1. Is unlawful, threatening, abusive, harassing, defamatory, deceptive, fraudulent, invasive of another's privacy, obscene, offensive, or profane (including attempts to gain sensitive information like user passwords).
2. Constitutes unauthorized or unsolicited advertising, junk or bulk email.
3. Involves commercial activities or sales, such as contests, sweepstakes, advertising, or pyramid schemes, without our prior written consent.
4. Impersonates any person or entity, including GROG & GLORY employees, or uses another user's name.
5. Interferes with the proper functioning of the Services or uses the Services in any way not expressly permitted by these Terms.
- Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, database, or directory without our written permission.
- Use a purchasing agent to make purchases on the Services.
- Use the Services to create, sell, or buy Digital Assets or other items related to any initial coin offering (ICO), securities offering, or redeemable financial instruments.
- Circumvent, disable, or interfere with any security-related features of the Services, including features that prevent or restrict the use or copying of content or enforce limitations on the use of the Services.
- Misuse our support services or submit false reports of abuse or misconduct.
- Engage in any automated system use, such as using scripts to send comments or messages or employing data mining or similar tools, except for the purposes mentioned earlier.
- Interfere with, disrupt, or burden the Services or connected networks.
- Sell or transfer your Account or attempt to do so.
- Use the Services as part of an effort to compete with us or engage in any revenue-generating endeavors not permitted by these Terms.
- Disparage or attempt to harm GROG & GLORY or its Services, as determined at our sole discretion.
- Use blockchain technology for any illegal activities, including but not limited to money laundering, terrorist financing, or attempting to degrade blockchain performance.
- Engage in any deceptive or manipulative trading practices, such as front-running, wash trading, or pump and dump schemes.
- Manipulate any metrics on the Services, such as view counts or likes, to alter search results or item rankings.
- Use or attempt to use another user's Account without authorization or pose as another person or entity.
GROG & GLORY reserves the right to restrict or refuse Services in certain countries or regions. You are solely responsible for ensuring that your use of the Services complies with all applicable laws.
12. TERMINATION
If you wish to stop using the GROG & GLORY Services, you may do so by disabling the Telegram bot. However, even after terminating your Account, these Terms will continue to apply to any Digital Assets or Items you own, as well as all of your User Content. These Terms of Use remain in full effect while you use the Services.
WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT, AT OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, TO TERMINATE THIS AGREEMENT AND/OR DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES) TO ANY PERSON FOR ANY REASON OR NO REASON, INCLUDING BUT NOT LIMITED TO A BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE, OR FOR VIOLATION OF ANY APPLICABLE LAW, RULE, OR REGULATION. WE MAY TERMINATE YOUR USE OF OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT WITHOUT 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 fake name, a borrowed name, or the name of any third party, or from otherwise using the Services, even if you are acting on behalf of the third party. In addition to terminating or suspending your Account, we reserve the right to take appropriate legal action, including but not limited to pursuing civil, criminal, and injunctive remedies, as outlined further in Section 17. You understand that any termination of your right to access and use the Services may result in the deletion of your User Content from our live databases and may limit or prevent you from accessing Items that you may have purchased. GROG & GLORY will not be liable to you for any termination of your rights under this Agreement, including the termination of your access to the Services, deletion of your User Content, or the limitation or inability to access Items in your Account. All sections intended to survive termination will continue to remain in effect after the termination of this Agreement.
We are not obliged to provide the User with any evidence, documents, etc., indicating that the User has violated the terms of the Terms, as a result of which the effect of these Terms has been suspended or terminated.
13. DISPUTE RESOLUTION
**Informal Negotiations.** To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each a "Dispute" and collectively, the "Disputes") brought by either you or us (individually, a "Party" and collectively, the "Parties"), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally and in good faith for at least the lesser of (i) the time necessary to resolve such Dispute or (ii) thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
**Binding Arbitration.** If a Party is unable to resolve a Dispute through informal negotiations, the Dispute (except those expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA's Supplementary Procedures for Consumer-Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitration compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, we will pay all the arbitration fees and expenses.
**Exceptions to Informal Negotiations and Arbitration.** The Parties agree that the following Disputes are not subject to the above provision concerning informal negotiations and binding arbitration: (a) any Dispute seeking to enforce or protect, or concerning the validity of, the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief.
14. DISCLAIMERS
**Informal Negotiations.** To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each a "Dispute" and collectively, the "Disputes") brought by either you or us (individually, a "Party" and collectively, the "Parties"), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally and in good faith for at least the lesser of (i) the time necessary to resolve such Dispute or (ii) thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
**Binding Arbitration.** If a Party is unable to resolve a Dispute through informal negotiations, the Dispute (except those expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA's Supplementary Procedures for Consumer-Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitration compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules.
If such costs are determined by the arbitrator to be excessive, we will pay all the arbitration fees and expenses. In no event shall any Dispute brought by either Party related in any way to Services be commenced more than one (1) year after the cause of the action arose. Each Party agrees that if this provision is found to be unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be unenforceable, and such Dispute shall be decided by a court of competent jurisdiction within the courts listed or jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
In no event shall any Dispute brought by either Party related in any way to Services be commenced more than one (1) year after the cause of the action arose. Each Party agrees that, if this provision is found to be unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be unenforceable, and such Dispute shall be decided by a court of competent jurisdiction within the courts listed above, and the Parties agree to submit to the personal jurisdiction of that court.
**Exceptions to Informal Negotiations and Arbitration.** The Parties agree that the following Disputes are not subject to the above provision concerning informal negotiations and binding arbitration: (a) any Dispute seeking to enforce or protect, or concerning the validity of, the intellectual property rights of a Party, (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief.
**Disclaimer of Warranties.** YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR ACCESS TO AND USE OF THE SERVICES ARE AT YOUR SOLE RISK, AND THAT THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, GROG & GLORY PARTIES MAKE NO EXPRESS WARRANTIES AND HEREBY DISCLAIM ALL IMPLIED WARRANTIES REGARDING THE SERVICES AND ANY PART OF THEM (INCLUDING, WITHOUT LIMITATION, THE SITE, ANY SMART CONTRACT, OR ANY EXTERNAL WEBSITES), INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, CORRECTNESS, ACCURACY, AND RELIABILITY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, GROG & GLORY PARTIES DO NOT REPRESENT OR WARRANT TO YOU THAT: (I) YOUR ACCESS TO OR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) YOUR ACCESS TO OR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE FROM ERROR, (III) USAGE DATA PROVIDED THROUGH THE SERVICES WILL BE ACCURATE, (IV) THE SERVICES OR ANY CONTENT, SERVICES, OR FEATURES MADE AVAILABLE ON OR THROUGH THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (V) THAT ANY DATA THAT YOU DISCLOSE WHEN YOU USE THE SERVICES WILL BE SECURE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
**Security Disclaimer** WE ATTEMPT TO MAKE YOUR ACCESS TO AND USE OF THE SERVICE SAFE, BUT WE DO NOT REPRESENT OR WARRANT THAT THE SERVICE, CONTENT, OR ANY LINKED OR ASSOCIATED CONTENT WITH DIGITAL ASSETS OR OTHER ITEMS, OR ANY DIGITAL ASSETS OR ITEMS YOU INTERACT WITH WHEN USING OUR SERVICE OR OUR SERVICE PROVIDERS' SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE CANNOT GUARANTEE THE SECURITY OF ANY DATA THAT YOU DISCLOSE ONLINE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM GROG & GLORY PARTIES OR THROUGH THE SERVICES, WILL CREATE ANY WARRANTY OR REPRESENTATION NOT EXPRESSLY MADE HEREIN. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND AGREE THAT WE HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY BREACH OF SECURITY UNLESS IT IS DUE TO OUR GROSS NEGLIGENCE.
**Liability Disclaimer.** WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSSES YOU INCUR AS THE RESULT OF YOUR USE OF THE TON NETWORK, MANTLE NETWORK, THE METAMASK ELECTRONIC WALLET, TONKEEPER ELECTRONIC WALLET, OR ANY OTHER THIRD-PARTY SERVICES OR THIRD-PARTY BLOCKCHAINS, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (A) USER ERROR, SUCH AS FORGOTTEN PASSWORDS OR INCORRECTLY CONSTRUED 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.
**Third-Party Conduct.** YOU ACKNOWLEDGE AND AGREE THAT THE GROG & GLORY PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD ANY GROG & GLORY PARTY LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES AND THIRD-PARTY SERVICE PROVIDERS, AND THAT THE RISK OF ECONOMIC DAMAGES FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU.**User Responsibility.** YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES. YOU UNDERSTAND THAT GROG & GLORY DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS. GROG & GLORY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON. YOU ACKNOWLEDGE AND AGREE THAT GROG & GLORY DOES NOT CONDUCT BACKGROUND CHECKS ON ANY USER.
**Service and Asset Vulnerabilities.** We are not responsible for any losses or harms sustained by you due to vulnerability or any kind of failure, abnormal behavior of software (e.g., smart contract), blockchains, or any other features of or inherent to the Digital Assets or Items. We are not responsible for casualties due to developers' or representatives' delay or failure to report any issues with any blockchain supporting Digital Assets or Items, including without limitation forks, technical node issues, or any other issues that result in losses of any sort.
**Ownership of Digital Assets.** We do not transfer legal ownership of Digital Assets or Items from the Seller to the Buyer. Further, we cannot guarantee continuous or secure access to the Services, and operation of the Services may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms, and conditions.
15. LIMITATION OF LIABILITY
YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, THE GROG & GLORY PARTIES WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES WHICH YOU MAY INCUR, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF PROFITS (WHETHER INCURRED DIRECTLY OR INDIRECTLY), LOSS OF GOODWILL OR BUSINESS REPUTATION, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR ANY OTHER INTANGIBLE LOSS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE TERMS OF USE OR ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICES, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, RESULTING FROM:
- THE USE OR INABILITY TO USE THE SERVICES;
- THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH THE SERVICES;
- UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
- STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES;
- ANY OTHER MATTER RELATED TO THE SERVICES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY.
THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY OF A GROG & GLORY PARTY FOR:
1. DEATH OR PERSONAL INJURY CAUSED BY A GROG & GLORY PARTY'S NEGLIGENCE; OR
2. ANY INJURY CAUSED BY A GROG & GLORY PARTY'S FRAUD OR FRAUDULENT MISREPRESENTATION.
YOU AGREE AND ACKNOWLEDGE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, THE GROG & GLORY PARTIES WILL NOT BE LIABLE TO YOU FOR MORE THAN THE GREATER OF:
A. THE TOTAL AMOUNT PAID TO GROG & GLORY BY YOU IN THE TRANSACTION OR INCIDENT THAT IS THE SUBJECT OF THE CLAIM, OR
B. (ONE HUNDRED US DOLLARS (US $100.00).
YOU AGREE AND ACKNOWLEDGE THAT WE HAVE MADE THE SERVICES AVAILABLE TO YOU AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN, WHICH REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN THE PARTIES AND FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN US. WE WOULD NOT BE ABLE TO PROVIDE THE SERVICES TO YOU WITHOUT THESE LIMITATIONS. THE FOREGOING LIMITATIONS OF LIABILITY APPLY TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW.
16. ASSUMPTION OF RISK
GROG & GLORY SERVICE RELIES ON EMERGING TECHNOLOGIES, SUCH AS THE TON NETWORK. SOME SERVICES ARE SUBJECT TO INCREASED RISK THROUGH YOUR POTENTIAL MISUSE OF THINGS SUCH AS PUBLIC/PRIVATE KEY CRYPTOGRAPHY. BY USING THE SERVICES, YOU EXPLICITLY ACKNOWLEDGE AND ACCEPT THESE HEIGHTENED RISKS.
In this section, we provide a non-exhaustive list of some risks. These risks, as well as others that may arise in the future, can be significant and potentially serious. Before using any of our Services, including the Site, you should carefully consider whether they are appropriate for you given your financial situation. It is highly recommended to seek professional financial advice before starting to use our Services. Additionally, review the latest version of these Terms as they may change over time. By using the Services, you accept and acknowledge the following:
1. **Volatility of Digital Assets:** The prices of blockchain assets can be extremely volatile and may fluctuate significantly at any moment for various reasons, potentially becoming worthless. Due to these price changes, you may gain or lose value in your Digital Assets at any time. Fluctuations in other digital assets may also adversely impact the value of your Digital Assets.
2. **Not Legal Tender:** Digital Assets and Items are not considered legal tender. They are not backed by physical assets, nor guaranteed by any government or central authority. They may have no intrinsic value, and circulation could be limited or restricted.
3. **High-Risk Asset Class:** Digital Assets are generally considered high-risk and may or may not be considered securities under certain jurisdictions. Exercise caution and use sound judgment when trading them.
4. **Complex Nature:** The nature of Digital Assets can be complex, and their terms and features may not be easily understood. Due to their novel and technological nature, they can involve significant risks.
5. **No Guarantee of Stability:** The Site, Service, or related products are not guaranteed to remain stable or orderly. The value of any listed Digital Asset or Item may swing significantly or even become worthless.
6. **No Investor Compensation:** Digital Asset transactions may not be protected by any investor compensation fund or deposit protection scheme, as would be the case with traditional financial instruments. This results in a lower level of protection for Digital Assets compared to fiat currencies or securities.
7. **Fees and Commissions:** You may encounter various fees, including Gas Fees for blockchain transactions, whether or not they succeed. These fees are final and irreversible. Ensure you fully understand the costs before conducting transactions.
8. **Taxes:** You are solely responsible for determining and paying any applicable taxes related to your Digital Assets. GROG & GLORY is not responsible for withholding, collecting, or reporting taxes on your behalf.
9. **Third-Party Risks:** There are risks associated with purchasing Items created by third parties, such as counterfeit items, mislabeled items, and bugs in smart contracts. Conduct thorough research before making any transaction involving Digital Assets.
10. **Blockchain Transactions:** GROG & GLORY does not store, send, or receive Digital Assets. These transactions only occur on the blockchain, not through the Services.
11. **Regulatory Uncertainty:** The legal and regulatory landscape surrounding blockchain technologies and digital assets is constantly evolving. New regulations may materially affect the Service and the value of your Digital Assets.
12. **Risks of Internet and Blockchain-Based Products:** The use of Internet-based products, such as Digital Assets, carries risks like hardware failures, malicious software, or unauthorized access to your wallet. We are not responsible for any such risks.
13. **Security Concerns:** Malicious actors may target you and attempt to steal your Digital Assets. You are solely responsible for protecting yourself from such risks.
14. **No Guarantees of Smart Contracts:** We do not control the public Blockchains or the smart contracts that may facilitate transactions. Blockchain transactions are irreversible, and we have no control over third-party smart contracts.
15. **Developer and Platform Risks:** We are not responsible for any delays or failures by developers or representatives to report issues with Blockchain technologies. Such issues could lead to losses.
16. **Third-Party Platforms:** The Service relies on third-party platforms and vendors. Any disruption in their services could impact your access to GROG & GLORY.
17. **Market Risks and Influence of Large Holders ("Whales"):** Certain individuals or entities may control large portions of a Digital Asset's supply, potentially impacting its price and value.
18. **Inability to View or Access Items:** We reserve the right to hide or restrict access to certain collections or Items. If an item becomes inaccessible on the Site, this does not give you grounds for any claims against us.
By using GROG & GLORY, you acknowledge and accept these risks and responsibilities. Proceed with caution, understanding the volatile nature of blockchain technologies and Digital Assets.
17. INVESTIGATIONS
If we become aware of any potential violations of these Terms of Use by you, we reserve the right to investigate such matters. Should we believe, based on our investigation, that criminal activity may have occurred, we reserve the right to refer the issue to, and cooperate with, applicable legal authorities. Except where prohibited by law, we are entitled to disclose any information or materials related to your use of the Services, including your Content, that we have in our possession, in order to:
1. Comply with applicable laws, legal processes, or governmental requests;
2. Enforce these Terms of Use;
3. Respond to claims that your Content violates the rights of third parties;
4. Address any customer service requests from you; or
5. Protect the rights, property, or personal safety of GROG & GLORY, its users, the public, or any law enforcement or governmental officials, as deemed necessary by GROG & GLORY at our sole discretion.
By agreeing to these Terms of Use, you grant your irrevocable consent to such monitoring. You acknowledge and agree that you have no expectation of privacy regarding your use of the Services, including but not limited to any text, voice, or video communications.
18. INDEMNIFICATION
To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless GROG & GLORY and all GROG & GLORY-related parties from and against all actual or alleged third-party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys' fees and expenses) and costs (including, without limitation, court costs, settlement costs, and costs associated with pursuing indemnification and insurance), of every kind and nature whatsoever, arising out of or related to these Terms of Use or your use of the Service, whether known or unknown, foreseen or unforeseen, in law or equity, whether in tort, contract, or otherwise (collectively, "Claims"). This includes, but is not limited to, claims involving property damage or personal injury arising from:
(a) Your use or misuse of the Service, User Content, or any Digital Assets or Items; (b) Any Submissions you provide; (c) Your violation of these Terms of Use; and (d) Your violation of the rights of any third party, including another user.
You agree to promptly notify GROG & GLORY of any third-party Claims and cooperate fully with the GROG & GLORY team in defending such Claims. You further agree that GROG & GLORY retains control over the defense or settlement of any third-party Claims.
THIS INDEMNIFICATION IS IN ADDITION TO, AND NOT A SUBSTITUTE FOR, ANY OTHER INDEMNITIES SET FORTH IN A SEPARATE WRITTEN AGREEMENT BETWEEN YOU AND GROG & GLORY.
19. RELEASE
You hereby release and forever discharge GROG & GLORY and all related GROG & GLORY parties from, and hereby waive and relinquish, each and every past, present, and future dispute, claim, controversy, demand, right, obligation, liability, action, and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Services (including any interactions with, or act or omission of, other users).IN CONNECTION WITH THE FOREGOING, YOU HEREBY WAIVE ANY SIMILAR LAW OR RULE IN YOUR JURISDICTION THAT STATES IN SUBSTANCE: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN THEIR FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY THEM MUST HAVE MATERIALLY AFFECTED THEIR SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY."
This waiver ensures that you understand and agree that any claims, known or unknown, that arise from your use of the GROG & GLORY Services are fully and finally released and discharged.
20. MISCELLANEOUS
These Terms of Use, along with any policies or operating rules posted by us on or related to the Services, represent the entire agreement and understanding between you and GROG & GLORY. Our failure to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision. These Terms of Use are enforceable to the fullest extent permitted by law.
You may not assign these Terms of Use, or any of your rights or obligations hereunder, by operation of law or otherwise, without our prior written consent. We may assign any or all of our rights and obligations at any time. We are not responsible for any loss, damage, delay, or failure to act caused by circumstances beyond our reasonable control.
If any provision or part of these Terms of Use is deemed unlawful, void, or unenforceable, that specific provision will be construed to reflect, as closely as possible, the original intention of the parties, and the remaining provisions will continue in full force and effect.
No joint venture, partnership, employment, or agency relationship is created between you and GROG & GLORY as a result of these Terms of Use or through your use of the Services. You agree that these Terms will not be interpreted against us merely because we drafted them.
Communications between you and GROG & GLORY may be carried out through electronic means, such as when you visit the Services and send us Telegram messages. For contractual purposes, you (a) consent to receive communications from GROG & GLORY in an electronic format; and (b) agree that all terms, conditions, agreements, notices, disclosures, and other communications provided to you electronically satisfy any legal requirement that such communications would satisfy if provided in writing. This does not affect your statutory rights, including but not limited to those under the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. §7001 et seq. ("E-Sign"), or any equivalent laws in your jurisdiction.
Unless otherwise stated, these Terms do not create any third-party beneficiary rights for any individual or entity that is not a party to these Terms. All communications and notices made under these Terms must be in English. If we provide a translation of these Terms, the English version will prevail in the event of any conflict.
Use of the GROG & GLORY is permitted only under the terms of this Terms. If the User does not accept the Terms in full, the User has no right to use any of the GROG & GLORY's functions for any purpose. Use of the GROG & GLORY in violation (failure to comply) with any of the terms of this Terms is prohibited.