Xterio
Xterio

Terms of Service

Last update: 30 August 2022

These Terms of Use (“Terms of Use”) are a binding agreement between you (“you” or “user”) and the Xterio Foundation (“Xterio”, “we”, “our”, or “us”). These Terms of Use govern your access to and use of the website at www.xter.io (“Site”), and any data, content and information available on such Site.

Separate Terms of Service apply to your use of our Xterio platform, which includes the various tools offered by us to help developers, publishers and other associated parties apply blockchain and similar technologies to gaming economies and users to access those economies and other solutions and related services (collectively the “Services”). Such Terms of Service form a separate agreement from these Terms of Use.  Please contact us at CustomerService@xter.io if you are interested in learning more about our Services.

By accessing or using the Site or any Content (as defined below) on the Site, you agree to be bound by these Terms of Use.  If you are acting on behalf of your employer or another entity, you represent and warrant that you are authorized to bind such employer or entity to these Terms of Use.

If you do not agree to these Terms of Use, you must not access or use the Site or any Content.

  1. Your Use of the Site

The Site is for informational purposes only.  You may freely browse the Site, but you may only access, download or use data and information from the Site, including any text, images, audio, and video (the “Content”) for your own non-commercial use.  You do not need to register with Xio to simply visit and view the Site.

NOTE: You should not construe the Site or any Content as legal, tax, investment, financial, or other advice. This Site is not intended for the sale, transfer, issuance or sale of cryptocurrency or other digital assets and nothing contained on this Site constitutes a solicitation, recommendation, endorsement, or offer by us or any third-party service provider to buy or sell any cryptocurrency or other digital assets or financial instruments in any jurisdiction.

You must not distribute, modify, transmit, reuse, repost, or use the Content for commercial purposes without the prior written permission of Xterio.  You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content.  You should assume that everything you see or read on the Site is copyright protected unless otherwise noted and may not be used except as provided in these Terms of Use or in the text on the Site without the prior written permission of Xterio.   Xterio neither warrants nor represents that your use of the Content will not infringe rights of third parties not owned by or affiliated with Xterio.  With the exception of the foregoing limited authorization, no license to or right in the Content, or any copyright of Xterio or of any other party is granted or conferred to you.

You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Site or Content; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Site or Content; (iii) decompile, reverse engineer or disassemble the Site or Content; (iv) link to, mirror or frame any portion of the Site or Content; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Site or unduly burdening or hindering the operation and/or functionality of any aspect of the Site; or (vi) attempt to gain unauthorized access to or impair any aspect of the Site or its related systems or networks.

  1. Trademarks and Proprietary Rights

The trademarks, service marks, and logos of Xterio, including Xterio and Xterio logos (the “Xterio Trademarks”) used and displayed on the Site are registered and unregistered trademarks or service marks of Xterio.  Other Xterio, product, and service names located on the Site may be trademarks or service marks owned by third-parties (the “Third-Party Trademarks”, and, collectively with Xterio Trademarks, the “Trademarks”).  Nothing on the Site or in these Terms of Use should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the prior written consent of Xterio specific for each such use.  The Trademarks may not be used to disparage Xterio or the applicable third-party, Xterio’s products or services or third-party’s products or services, or in any manner that may damage any goodwill in Xterio Trademarks.  Use of any Trademarks as part of a link to or from any website is prohibited without Xterio’s prior written consent.  All goodwill generated from the use of any Xterio Trademark shall inure to Xterio’s benefit.

  1. Disclaimer of Warranties and Limitation of Liability

THE SITE AND THE CONTENT ARE PROVIDED TO YOU “AS IS,” “WITH ALL FAULTS” AND ON AN “AS AVAILABLE” BASIS AND ALL CONDITIONS, AND WARRANTIES,  WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE, AND ANY WARRANTIES THAT THE SITE IS CURRENT AND/OR UP-TO-DATE ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY XTERIO (INCLUDING ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS OR ASSIGNEES) AND ITS LICENSORS.

THERE IS NO WARRANTY, , OR GUARANTEE THAT THE SITE, OR YOUR USE OF THE SITE, WILL BE UNINTERRUPTED, COMPLETE, ACCURATE, CURRENT, RELIABLE, ERROR-FREE, SECURE, OR THAT ANY PROBLEMS WILL BE CORRECTED, OR THAT THE SITE, OR ANY CONTENT ON THE SITE, INFORMATION, SOFTWARE, OR OTHER MATERIAL ACCESSIBLE FROM THE SITE, IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  WE DO NOT WARRANT, OR PROVIDE ANY GUARANTEE  REGARDING THE USE OF, OR THE RESULTS OF THE USE OF, THE SITE OR THE CONTENT ON THE SITE AND YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE, THE CONTENT ON THE SITE AND YOUR RELIANCE THEREON.

NEITHER XTERIO NOR ANY OF OUR AFFILIATES, NOR OUR OR THEIR LICENSORS, SPONSORS, AGENTS, SERVICE PROVIDERS, SUCCESSORS, OR ASSIGNEES, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DIRECT OR INDIRECT DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOSS OF PROFITS, LOST SAVINGS, OR LOSS OF DATA) UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER LEGAL THEORY ARISING OUT OF OR RELATING IN ANY MANNER TO THE SITE AND CONTENT ON THE SITE, AND/OR ANY LINKED WEBSITE, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR LIABILITIES.  IN ANY EVENT XTERIO’S MAXIMUM AGGREGATE LIABILITY TO YOU SHALL NOT EXCEED ONE HUNDRED US DOLLARS ($100).  NEITHER XTERIO NOR OUR AFFILIATES, NOR OUR OR THEIR LICENSORS, SPONSORS, AGENTS, SERVICE PROVIDERS, SUCCESSORS, OR ASSIGNEES, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, OR OTHER REPRESENTATIVES WILL HAVE ANY LIABILITY TO YOU FOR ANY DAMAGES, EXPENSES, OR OTHER LIABILITY INCURRED BY YOU AS A RESULT OF ANY INACCURACY, INCOMPLETENESS, OR MISREPRESENTATION OF ANY INFORMATION, CONTENT, POSTINGS, OR SUBMISSIONS PROVIDED OR POSTED ON THE SITE BY THIRD PARTIES.

  1. Links to Third Party Websites

You may find advertising or other content on the Site that link to the websites of our partners, suppliers, advertisers, sponsors, licensors and other third parties.  We do not control the content or links that appear on these websites and are not responsible for any information and content on such websites or the practices employed by websites linked to or from the Site.  In addition, these websites, including their content and links, may be constantly changing.  These websites may have their own terms and conditions.  Browsing and interaction on any other website, including websites which have a link to the Site, is subject to that website’s own terms and policies.

  1. Changes to Xterio’s Terms of Use

Xterio has the discretion to revise and update these Terms of Use or the Site at any time.  We encourage user to frequently check this page for any changes.  You acknowledge and agree that it is your responsibility to review these Terms of Use periodically and become aware of modifications.  Any access or use of the Site after posting of the modifications constitutes your acceptance of the modifications and your agreement to be bound by the revised Terms of Use.

  1. Privacy

We may collect certain personal information if you access the Site, such as when you complete a contact us form on the Site.  Such personal information is handled in accordance with our privacy policy. By using or accessing the Site, you agree to our privacy policy.

  1. General

These Terms of Use and any other Xterio policies referenced herein constitute the entire agreement of the parties with respect to its subject matter.   It may only be modified by Xterio as set forth in Section 6.  If a court of competent jurisdiction finds that any provision of these Terms of Use is invalid or unenforceable, but that by limiting such provision, it would become valid and enforceable, then such provision shall be deemed written and shall be construed and enforced as so limited and the remaining provisions of these Terms of Use will remain in full force and effect. Our failure to enforce any right or provision of these Terms of Use will not be deemed a waiver of such right or provision.

  1. Choice of Law and Jurisdiction

These Terms of Use are governed by the laws of Switzerland without regard to its choice of law principles. The United Nations Convention on the International Sale of Goods shall not apply. Any disputes arising under or in connection with these Terms of Use are subject to the exclusive jurisdiction of the courts of the city of Zug, Switzerland.

  1. Contacting Xterio

If you have any questions about these Terms of Use, please contact us at CustomerService@xter.io or by regular mail at Xterio Foundation, Dammstrasse 16, 6300 Zug, Switzerland.