Last modified: October 31, 2022

Acceptance of the Terms of Use

These Terms of Use are entered into by and between you and Soulbound Inc. ("Soulbound," "We," " Our," or "Us"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, "Terms of Use"), govern your access to and use of https://soulbound.gg/ (the“Site”) including any content, functionality, and services offered on or through the Sites, our applications, and blockchain metaverse (collectively, the “Platform”), whether as a guest or a “registered user”. Only users who have connected their wallets (i.e.; registered) can use the Services. Any End User (defined below) who has not connected their wallet only has viewing access to the publicly accessible parts of the Sites as a guest.

Please read the Terms of Use carefully before you start to use the Platform. By using the Platform or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and Our Privacy Policy, found at https://soulbound.gg/privacy-policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Platform.

This Platform is offered and available to users who are thirteen (13) years of age or older. By using this Platform, you represent and warrant that you are of legal age to form a binding contract with Soulbound and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Platform.

If you are agreeing to these Terms of Use on behalf of an entity, you hereby represent and warrant that you have all necessary permissions and authority to agree to these Terms of Use and to bind the entity to them.

Definitions

The following terms as used herein shall have the following meanings:

• "Content" means the content that a Game Developer uploads to the Platform to promote their game or anything of intellectual property value contributed by an End User.
• "Game Developer" means a person or entity that develops a game compatible with the Platform and possesses the appropriate rights to do so.
• "Game Developer Profile" means the Game Developer’s profile on the Platform, which is available for Players to view and on which Players may view information regarding the Game Developer (e.g., name, its applicable terms, and other such relevant information).
• "Player" means the person or entity other than a Game Developer who accesses and uses the Platform.
• "End User" means either a Game Developer or a Player.
• "NFT" means a non-fungible token supported by a blockchain network, subject to smart contracts.
• "SBT" means a non-transferable NFT that can help represent a person's identity and achievements in web3.

Services

• Generally. The Platform is a cross-game, Player engagement, and reward platform that helps drive beneficial community-building interactions. The Platform shall provide the End Users various services, which may include, but are not limited to, hosting End User profile pages and associated Content, assistance with delivery, payments, and access to and use of the Platform for all authorized uses (collectively, “Services”).
• Clearance. The End Users acknowledge and agree that access to the Services via the Platform may be subject to a review of each such End User’s background, which may include obtaining a consumer report, know-your-customer, and anti-money laundering requirements, among other items necessary for Soulbound’s legal obligations and protection of the End Users on the Platform. The End Users further acknowledge and agree to provide Soulbound with its written consent and authorization to perform any of the foregoing, and End Users will complete any and all necessary documents (e.g., consent authorization form) required by Soulbound to complete the review of each such End User’s background. Soulbound reserves the right to admit or deny any End User to the Platform for any or no reason.
• Changes, Delays, Unavailability. Soulbound reserves the right to alter, suspend, or discontinue the Services or the Platform at any time and for any reason or no reason without any liability to End Users. In such cases, Soulbound will endeavor to give notice of such changes, delay, or unavailability. The Services may be unavailable from time to time due to maintenance or malfunction of computer or network equipment or other reasons.
• Consent to be Contacted by Soulbound and Game Developers. Each End User consents, when making their account, to be contacted by Soulbound for the purposes of advertising the Services of the Platform. Each Player consents for Soulbound to share their contact information with the Game Developer when such Player purchases Content from a Game Developer or plays their game. The Game Developer may contact each Player using their Content with information regarding or related to the Content or future content of the Game Developer. No End User’s contact information shall be sold to third-parties.

The Platform

• Community The Platform is an online ecosystem that connects Players and Game Developers in order to elevate and support community building.
• Quest Offerings and Other Features. Soulbound shall provide various quests, calls to action, and other features for Players to experience and enjoy. For example, such quests might involve submitting a screenshot or other confirmation material, data, or digital content when they reach a particular level in a game; participate in the testing for a particular game; take a picture confirming attendance at a certain event, etc.
• Metaverse Experience Points (“M-XP”). In connection with Soulbound’s quest offerings, We will be offering M-XP, a non-transferable social token (e.g., an SBT), in order to track and build a Player’s profile. Soulbound or its affiliates store the Content uploaded by Game Developers and/or Players in connection with such quest offerings. Unless otherwise stated or agreed, Soulbound offers the Platform for facilitating connections and community-building between Game Developers and Players, and supporting NFTs relating thereto; unless otherwise stated, the Platform does not purchase, sell, resell, provide, offer, quality check, or develop any Content. Game Developers may decide price and other restrictions on the Player(s) of their Content, which are in addition to these Terms of Use. Such supplemental terms shall be only between Game Developers and their Players, provided however, that no term in these supplemental terms, whether communicated by the profiles of either party or via direct communications or agreements, or through the settings imposed by the Game Developer shall contradict these Terms of Use. Soulbound provides for the licenses described below and other ground rules through these general Terms of Use herein, Soulbound is not and will not be a party to any contractual relationship between Game Developers and Players.

• Using the Services Provided that an End User has been accepted by Soulbound and conditioned on such End User’s continuing compliance with the Terms of Use, Soulbound shall make the Services and the Platform available to the End Users on a non-exclusive, non-transferable basis.
• Use Guidelines, End Users shall not:
  • license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share, or otherwise exploit or make the Services or the Platform available to any third party without Soulbound’s prior written consent, which may be withheld in its sole discretion;
  • interfere with or disrupt the integrity or performance of the Platform or the data contained therein;
  • attempt to gain unauthorized access to the Services or the Platform or any of their related systems or networks; or
  • use the Services for any competitive purposes against Soulbound.
• Restrictions. End Users shall not (and shall not allow any third party to):
  • modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on the Services or any Soulbound NFTs or other content materials;
  • circumvent use restrictions that are built into the Services or any Soulbound NFTs or other content materials;
  • remove any proprietary notices, labels, or marks from the Services or any Soulbound NFTs or other content materials;
  • frame or mirror any content materials forming part of the Services;
  • access the Service in order to copy any ideas, features, functions, or graphics of the Services;
  • use the Services or the Platform to manage or perform any illegal operations;
  • use any type of spider, virus, worm, Trojan-horse, time bomb, or any other codes or instructions that are designed to distort, delete, damage, or disassemble the technology underlying the Service (including Soulbound’s proprietary software and apps which may be available for download on the Platform);
  • use the Services or the Platform to send any unsolicited commercial communication not permitted by applicable law;
  • list, post, or otherwise act in a way that would infringe on the intellectual property rights of another;
  • endanger any part of any system or Internet connection of Soulbound or any third party through use of the Services or the Platform; or
  • breach any applicable laws (including without limitation any privacy or securities laws) when using the Services or the Platform or in respect of information collected by End Users through the use of the Services or the Platform.

End User Responsibilities

• Game Developer Responsibilities. On the Platform, Game Developers shall provide accurate and current information about themselves, including (a) a description of themselves, their Content, and other information necessary for a Player to determine whether to participate in their Content offerings; and (b) their preferences and capabilities regarding their Content and other practical considerations. Game Developers agree that if they transfer Content off the Platform, they will not interfere, remove, or disable any functionality of such Content that was offered in connection with the Platform. Game Developers shall cooperate with Soulbound or its agents as requested to verify any information provided by the Game Developer. To the extent that a Game Developer breaches any of this Section, such Game Developer may be removed as a Game Developer on the Platform as well as risk claims from Players and Soulbound.
• Images and Descriptions. Game Developers agree that any image, graphic, or information they post on the Platform shall accurately reflect their Content and the terms by which they offer their Content.
• License to Platform. Game Developers agree that by uploading their Content to the Platform, they are providing the Platform a non-exclusive, worldwide, irrevocable, perpetual license (with the right to sublicense through multiple tiers) to make, have made, import, use, reproduce, distribute, publicly perform, and publicly display such Content for the purposes of rendering the Services. Game Developers agree that Soulbound shall store and make the Content available from its servers.
• License to Players. Game Developers and Soulbound agree that when a Player purchases Content, that Player is granted a non-exclusive, worldwide, perpetual license to use, and view the Content. The Player may not copy or sublicense any of the Content they purchase.
• Content Quality and Liability. The Game Developers shall be solely responsible for ensuring the quality, delivery, and Content of their games, as well as the relationship of an SBT to the game and defending any claims resulting from the Content, except for those Content liability or other claims arising as a direct result of Soulbound’s actions. All End Users shall hold Soulbound harmless and shall make no claims against Soulbound relating to the quality, metrics associated with an SBT, delivery, infringement, or defects in the Content associated with an SBT.
• Player Responsibilities: Players shall comply with all stated terms a Game Developer may post regarding its Content, including, without limitation, any restrictions on where its Content can be delivered or used, warnings or instructions for use, and the terms that the Game Developer sets for their Content, including, without limitations, any pricing or other consumable component. To the extent that a Player breaches the preceding, such Player may be prohibited on the Platform as well as risk claims from the Game Developers and Soulbound.
• Player Agreement: Players agree not to reproduce or make copies of the underlying Content they access or use in connection with the Platform unless otherwise authorized in writing by the rights’ holder of such Content. If Soulbound, in its sole discretion, has a reasonable belief that a Player has sold any Content in violation of these Terms of Use, then Soulbound shall notify the Player, shall disable all of the Player’s access to the Content, if possible, and also the Services the Players can access.

Acceptance of Disclaimer by Soulbound of Responsibility for End User Services and Content. The Game Developers shall remain solely responsible for the Content provided by such Game Developers or any of their employees, delegates, or other representatives. Other than as provided in these Terms of Use, Soulbound shall not in any way interfere with the independence of or otherwise participate in the Game Developer’s Content. The End Users acknowledge that:

• other than its own clearly marked Soulbound NFTs, Soulbound cannot and will not assume responsibility for the Content, descriptions of Content, or the delivery of Content to any Players other than as expressly stated, including any work provided by any other End Users, which shall, at all times remain the responsibility of such involved End Users; and
• Soulbound will not be responsible for the assignment by any End User (or any related staff or other personnel) to work with Players or any other activity that involves providing Content to Players.

Eligibility and Participation

Soulbound may require that access or use regarding certain aspects of the Service requires additional eligibility requirements. Soulbound will post such requirements in connection with the specific aspect of the Service. Currently, you may only participate with the Software by linking your digital wallets on supported bridge extensions, such as MetaMask (https://metamask.io/). MetaMask and similar products are electronic wallets, which allow you to purchase, store, and engage in transactions on various blockchains and their affiliated tokens such as the Soulbound NFTs and SBTs, Ethereum, or whatever other blockchains are accessible in your digital wallet that connect to the Service.

ALL TRANSACTIONS INITIATED THROUGH SOULBOUND ARE FACILITATED AND RUN BY THIRD-PARTY ELECTRONIC WALLET EXTENSIONS, AND BY USING OUR PLATFORM YOU AGREE THAT YOU ARE GOVERNED BY THE TERMS OF USE FOR THE APPLICABLE EXTENSIONS. FOR METAMASK, THOSE TERMS ARE AVAILABLE AT (https://metamask.io/terms.html) AND https://metamask.io/privacy.html. METAMASK OR OTHER EXTENSIONS MAY REQUIRE “GAS” OR SIMILAR BLOCKCHAIN FEES TO FACILITATE THE TRANSACTION. SOULBOUND HAS NO CONTROL OVER SUCH FEES. SOULBOUND IS NOT A BROKER, FINANCIAL INSTITUTION, BANK, OR CREDITOR. THE SERVICES ARE AN ADMINISTRATIVE PLATFORM ONLY.

We may revise and update these Terms of Use from time to time in Our sole discretion. All changes are effective immediately when We post them and apply to all access to and use of the Platform thereafter. However, any changes to the dispute resolution provisions set out in the “Governing Law and Jurisdiction” Section will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Platform.

Your continued use of the Platform following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

Accessing the Platform and Account Security

We reserve the right to withdraw or amend any part of the Platform, the Services, and any service or material that We provide in connection with any of the foregoing, in Our sole discretion and without notice. We will not be liable if for any reason all or any part of the Platform or the Services is unavailable at any time or for any period. From time to time, We may restrict access to any or all parts of the Platform or the Services, to users, including registered users.

The Platform makes available a collection of resources to its registered and non-registered users. To become a registered user, you must create a profile by linking a compatible digital wallet. You are strictly responsible for managing your user ID, passwords, and digital wallet information. Registered users may include on their profile an optional picture.

You are responsible for both:

• making all arrangements necessary for you to have access to the Platform; and
• ensuring that all persons who access the Platform through your internet connection are aware of these Terms of Use and comply with them.

To access the Platform or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Platform that all the information you provide on the Platform is correct, current, and complete. You agree that all information you provide to register with this Platform or otherwise, including, but not limited to, through the use of any interactive features on the Platform, is governed by Our Privacy Policy https://soulbound.gg/privacy-policy, and you consent to all actions We take with respect to your information consistent with Our Privacy Policy.

• Security. Any passwords used for the Platform are for individual use only. You will be responsible for the security of your password(s) at all times. From time to time, Soulbound may require that you change your password. You are prohibited from using any services or facilities provided in connection with the Platform to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password crackers, rootkits, Trojan horses, or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Soulbound reserves the right to release your account details to the system administrators of other websites and/or the authorities in order to assist them in resolving security incidents. Soulbound reserves the right to investigate suspected violations of these Terms of Use. Soulbound reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Soulbound to disclose the identity of anyone posting any e-mail messages, publishing, or otherwise making available any materials that are believed to violate these Terms of Use.

  BY ACCEPTING THIS TERMS OF USE, YOU WAIVE ALL RIGHTS NOT SPECIFICALLY SET FORTH HEREIN, AND AGREE TO HOLD SOULBOUND HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY SOULBOUND DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SOULBOUND OR LAW ENFORCEMENT AUTHORITIES.

  We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by Us, at any time if, in Our opinion, you have violated any provision of these Terms of Use.

• No Sanctioned Individuals You, or the person whom you represent, may not be (a) the target of economic sanctions, financial sanctions, trade embargoes, or export controls administered, enacted, or enforced from time to time by the United States of America (“U.S.”) (including those administered by the U.S. Treasury Department’s Office of Foreign Assets Control, the U.S. Department of Commerce, or the U.S. Department of State), the United Nations Security Council, the European Union (“EU”), any EU member state, or the United Kingdom (regardless of its status vis a vis the EU) (collectively “Sanctions”); (b) organized, operating from, incorporated, or resident in a country or territory which is the subject of comprehensive export, import, financial, or investment embargoes under any Sanctions (which, as of the date of this Terms of Use are Cuba, Iran, North Korea, Syria, Russia, and the Russian controlled regions of Ukraine).

End User Contributions

The Platform may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, NFTs, and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "End User Contributions") on or through the Platform.

All End User Contributions must comply with the Content Standards Section set out in these Terms of Use.

Any End User Contribution you post or submit to the Platform will be considered non-confidential. By providing any End User Contribution on the Platform, you grant Us and Our affiliates and service providers, and each of their and Our respective licensees, successors, and assigns as well as other users the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third-parties any such material according to your account settings and the purposes of the Platform.

You represent and warrant that:

• You own or control all rights in and to the End User Contributions and have the right to grant the license granted above to Us and Our affiliates and service providers and to the other users of the Platform, and each of their and Our respective licensees, successors, and assigns.
• All of your End User Contributions do and will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any End User Contributions you submit or contribute, and you, not Soulbound, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible or liable to any third-party for the Content or accuracy of any End User Contributions posted by you or any other user of the Platform.

End User Responsibilities

On the Platform, End Users may fill-out (accurately and regularly updated):

• a description of themselves, any Content they upload and/or any metrics, and other information necessary for other users to determine whether it wants to and how to engage with other users or their Content, and
• their preferences and capabilities regarding their Content and/or SBT, and other practical considerations.

End Users shall cooperate with Soulbound or its agents as requested to verify any information provided by the user. To the extent that a user breaches any of this Section, such user may be removed from the Platform as well as risk claims from End Users and Soulbound.

• Images and Descriptions. End Users agree that any image, graphic, video, or information they post on the Platform shall accurately reflect their rights and abilities (the “Descriptors”).
• End User Content License to Platform. End Users agree that by uploading, creating, or using their Content and/or NFTs on the Platform, they are providing the Platform a non-exclusive, worldwide, perpetual license (with the right to sublicense through multiple tiers) to make, have made, import, use, reproduce (if necessary) distribute, publicly perform, and publicly display such Content and/or NFT only for the purposes of rendering the Services of the Platform to you and other users. End Users agree that Soulbound shall store and make theirs available from its servers. Game Developers further agree that subject to the sale or other authorized transfer of their Content to other users, that they will lose certain rights to their Content to the other user per the below.
• User Content License to Players. End Users and Soulbound agree that when a Player accesses and uses a game with the Platform, the Player is granted a non-exclusive, worldwide, license to view and interact with the corresponding Content in accordance with the applicable terms and conditions adopted by such Game Developer in connection with such Content. A Player may not copy or sublicense any of the Content they purchase, or otherwise use the Content in a way not intended by the Game Developer thereof, as evidenced by the Descriptors.
• Content Quality and Liability. End Users shall be solely responsible for ensuring the quality, delivery, curing of Content defects, and defending any claims of Content liability from other users or third-parties, except for those liabilities or other claims only arising as a direct result of Soulbound’s actions. All users shall hold Soulbound harmless and shall make no claims against Soulbound relating to the quality, Descriptors, Content, its delivery, infringement, or defects on the Platform.
• Derivative Works and Deletion. To the extent that you create a derivative work from the posts or Content of others, then if the underlying Content of the derivative work is deleted, your derivative work may also be deleted as well.
• Personally Identifiable Information to Other End Users of the Platform. We caution you against giving out any personally identifying information about yourself or your children in any communication service on the Platform unless you are confident that it is necessary or appropriate. In such case, you are responsible for the consequences of your disclosure, and We are limited in Our abilities to protect you from disclosures to other users on the Platform. We further do not assume any responsibility for any disclosures you may make to others. In an effort to preserve your privacy, Soulbound agrees that it will treat any personally identifying information that you submit through its Platform in accordance with the terms outlined in its Privacy Policy at https://soulbound.gg/privacy-policy, as well as in conformance with all applicable laws, rules, and regulations.

Monitoring and Enforcement; Termination

We have the right to:

• Remove or refuse to post any End User Contributions for any or no reason in Our sole discretion.
• Take any action with respect to any End User Contribution that We deem necessary or appropriate in Our sole discretion, including if We believe that such End User Contribution violates the Terms of Use, including the information in the Content Standards Section, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Platform or the public, or could create liability for Soulbound.
• Disclose your identity or other information about you to any third-party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Platform.
• Terminate or suspend your access to all or part of the Platform for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, We have the right to cooperate fully with any law enforcement authorities or court order requesting or directing Us to disclose the identity or other information of anyone posting any materials on or through the Platform. YOU WAIVE AND HOLD HARMLESS SOULBOUND AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, We cannot review material before it is posted on the Platform and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, We assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third-party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this Section.

Content Standards

These content standards apply to any and all End User Contributions and use of Interactive Services. End User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, End User Contributions must not:

• Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
• Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and Our Privacy Policy https://soulbound.gg/privacy-policy.
• Be likely to deceive any person.
• Promote any illegal activity, or advocate, promote, or assist any unlawful act.
• Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
• Impersonate any person or misrepresent your identity or affiliation with any person or organization.
• Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
• Give the impression that they emanate from or are endorsed by Us or any other person or entity, if this is not the case.

Trademarks

Soulbound’s name, Soulbound’s logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Soulbound or its affiliates or licensors, which may be registered in the future. You must not use such marks without the prior written permission of Soulbound. All other names, logos, product and service names, designs, and slogans on this Platform are the trademarks of their respective owners.

Prohibited Uses

You may use the Platform only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Platform:

• In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries).
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
• To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards Section set out in these Terms of Use.
• To transmit, or procure the sending of, any advertising or promotional material without Our prior written consent, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
• To impersonate or attempt to impersonate Soulbound, a Soulbound employee, another user, or any other person or entity (including, without limitation, by using email addresses [or screen names] associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Platform, or which, as determined by Us, may harm Soulbound or users of the Platform, or expose them to liability.

Additionally, you agree not to:

• Use the Platform in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Platform, including their ability to engage in real time activities through the Platform.
• Use any robot, spider, or other automatic device, process, or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform.
• Use any manual process to monitor or copy any of the material on the Platform, or for any other purpose not expressly authorized in these Terms of Use, without Our prior written consent.
• Use any device, software, or routine that interferes with the proper working of the Platform.
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Platform, the server on which the Platform is stored, or any server, computer, or database connected to the Platform.
• Attack the Platform via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Platform.

Intellectual Property Rights

The Platform and its features and functionality (including but not limited to its information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Soulbound, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. We reserve the right to license any such this intellectual property to you to enhance your experience of or concerning the Platform. Any such license shall be communicated to you in connection with your use of the Platform.

You agree not to copy materials that are part of or made accessible by means the Platform, reverse engineer, break into, or otherwise adversely affect the Platform, or use any Content, materials, products, or services in violation of any applicable law. The use of the Platform is at the discretion of Soulbound and Soulbound may terminate your use of the Platform at any time.

While using Soulbound, you may interact with the various other objects within the Platform. Some of these other objects are owned by other parties using the Platform. We are not responsible for the posts people make on the Platform.

Copyright Infringement

If you believe that any End User Contributions violate your copyright, please see below for instructions on sending Us a notice of copyright infringement. It is the policy of Soulbound to terminate the user accounts of repeat infringers.

• Reporting Claims of Copyright Infringement. We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from Our Platform infringe your copyright, you may request removal of those materials (or access to them) from the Platform by submitting written notification to Our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following:
  • Your physical or electronic signature.
  • Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Platform, a representative list of such works.
  • Identification of the material you believe to be infringing in a sufficiently precise manner to allow Us to locate that material.
  • Adequate information by which We can contact you (including your name, postal address, telephone number, and, if available, email address).
  • A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information in the written notice is accurate.
  • A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

  Our designated copyright agent to receive DMCA Notices is:

  
  

  Soulbound Inc.
  Attn: Legal Department
  16192 Coastal Highway
  Lewes, DE 19958
  [email protected]

  
  

  If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

  
  

  Please be aware that if you knowingly materially misrepresent that material or activity on the Platform is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.

• Counter Notification Procedures. If you believe that material you posted on the Platform was removed or access to it was disabled by mistake or misidentification, you may file a counter notification with Us (a "Counter Notice") by submitting written notification to Our copyright agent designated above. Pursuant to the DMCA, the Counter Notice must include substantially the following:
• Your physical or electronic signature.
• An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
• Adequate information by which We can contact you (including your name, postal address, telephone number, and, if available, email address).
• A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
• A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Platform may be found) and that you will accept service from the person (or an agent of that person) who provided the Platform with the complaint at issue.
  The DMCA allows Us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten (10) business days of receiving the copy of your Counter Notice.
  Please be aware that if you knowingly materially misrepresent that material or activity on the Platform was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
• Repeat Infringers. It is Our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.

Reliance on Information Posted

The information presented on or through the Platform is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Platform, or by anyone who may be informed of any of its contents.

This Platform includes content provided by third-parties, including materials provided by other users and services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Soulbound, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Soulbound. We are not responsible, or liable to you or any third-party, for the content or accuracy of any materials provided by any third-parties.

Changes to the Platform

We may update the content on this Platform from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Platform may be out-of-date at any given time, and We are under no obligation to update such material.

Information About You and Your Visits to the Platform

All information We collect on this Platform is subject to Our Privacy Policy https://soulbound.gg/privacy-policy. By using the Platform, you consent to all actions taken by Us with respect to your information in compliance with the Privacy Policy.

Online Purchases and Other Terms and Conditions

All purchases, rewards, or other transactions generated through Our Platform or resulting from visits made by you, are and shall be governed by the applicable terms and conditions provided in connection with such purchases, rewards, or other transactions, which are hereby incorporated into these Terms of Use.

Additional terms and conditions may also apply to specific portions, services, or features of the Platform. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.

Social Media Features

This Platform may provide certain social media features that enable you to:

• Link from your own or certain third-party platforms to certain content on this Platform.
• Send emails or other communications with certain content, or links to certain content, on this Platform.
• Cause limited portions of content on this Platform to be displayed or appear to be displayed on your own or certain third-party Platforms.
• Check and confirm information regarding your social media accounts (e.g., Discord, Twitter, etc.) in connection with certain quest offerings.

You may use these features solely as they are provided by Us, solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions We provide with respect to such features. Subject to the foregoing, you must not take any action with respect to the materials on this Platform that is inconsistent with any other provision of these Terms of Use.

The platform from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards Section set out in these Terms of Use.

You agree to cooperate with Us in causing any unauthorized framing or linking immediately to stop. We reserve the right, in our sole discretion, to withdraw any permissions granted hereunder at any time with or without notice.

We may disable all or any social media features and any links at any time without notice in Our discretion.

Links from the Platform

If the Platform contains links to other sites and resources provided by third-parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party Platforms linked to this Platform, you do so entirely at your own risk and subject to the terms and conditions of use for such Platforms.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for interaction from the internet or the Platform will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to Our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY PLATFORM LINKED TO IT.

YOUR USE OF THE PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM IS AT YOUR OWN RISK. THE PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER SOULBOUND NOR ANY PERSON ASSOCIATED WITH SOULBOUND MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE PLATFORM. WITHOUT LIMITING THE FOREGOING, NEITHER SOULBOUND NOR ANYONE ASSOCIATED WITH SOULBOUND REPRESENTS OR WARRANTS THAT THE PLATFORM, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, SOULBOUND HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL SOULBOUND, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE PLATFORM, ANY PLATFORMS LINKED TO IT, ANY CONTENT ON THE PLATFORM OR SUCH OTHER PLATFORMS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless Soulbound, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Platform, including, but not limited to, your End User Contributions, any use of the Platform's content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Platform.

Governing Law and Jurisdiction Arbitration

Arbitration

At Soulbound's sole discretion, it may require you to submit any disputes arising from these Terms of Use or use of the Platform, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Delaware law.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE PLATFORM MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver by Soulbound of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Soulbound to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use, Our Privacy Policy, and other applicable terms and policies constitute the sole and entire agreement between you and Soulbound Inc. regarding the Platform and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Platform.

Your Comments and Concerns

This Platform is operated by Soulbound Inc. with an address of 16192 Coastal Highway, Lewes, DE 19958, USA.

All notices of copyright infringement claims should be sent to the copyright agent designated in Our Copyright Policy above in the manner and by the means set out therein.

All other feedback, comments, requests for technical support, and other communications relating to the Platform should be directed to: [email protected].