Terms of Service

November 2024

1) Introduction

Welcome to Buildables ("we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of our website buildables.xyz ("Website") and any related services (collectively, the "Services"). By accessing or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree with any part of these Terms, you must discontinue use of our Services immediately.

2) Definitions

  • "User" refers to any individual or entity accessing or using our Services.
  • "Dapp" refers to a decentralized application submitted by Users for listing or advertising on our Website.
  • "Content" includes all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials submitted, posted, or displayed by Users.
  • "Dapp Developer" refers to any User who submits a Dapp for listing or advertising.
  • "Visitor" refers to any User who accesses the Website without submitting a Dapp.

3) Acceptance of Terms

By accessing or using our Services, you agree to comply with and be bound by these Terms, our Privacy Policy, and our Cookie Policy, which are incorporated herein by reference.

4) Eligibility

By using our Services, you represent and warrant that:
  • You are at least 18 years old or have reached the age of majority in your jurisdiction.
  • You have the legal capacity to enter into a binding contract.
  • You are not prohibited by law from accessing or using our Services.
  • You will comply with these Terms and all applicable local, national, and international laws and regulations.

5) Account Registration and Security

5.1) Account Creation

To access certain features of our Services, you must create an account using our authentication provider, Clerk.com. You agree to:
  • Provide accurate, current, and complete information during the registration process.
  • Update such information to keep it accurate and current.
  • Not create an account using a false identity or information.

5.2) Account Security

You are responsible for safeguarding your password and agree not to disclose it to any third party. You are responsible for all activities conducted under your account. You agree to:
  • Notify us immediately of any unauthorized use of your account.
  • Ensure that you exit from your account at the end of each session.

6) User Conduct

6.1) Prohibited Activities

You agree not to engage in any of the following prohibited activities:
  • Illegal Activities: Using our Services for any unlawful purpose or in violation of any local, state, national, or international law. Intellectual Property Infringement: Posting Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights.
  • Harmful Conduct: Uploading viruses or malicious code, or doing anything that could disable, overburden, or impair the proper working of the Services.
  • Unauthorized Access: Attempting to gain unauthorized access to other computer systems or networks connected to the Services.
  • Data Mining: Using any automated means to scrape or collect data from the Services without our express written permission.
  • Harassment: Harassing, abusing, or harming another person, including sending unwelcome communications to others.

6.2) Compliance with Laws

You are solely responsible for ensuring that your use of the Services is in compliance with all applicable laws, regulations, and ordinances.

6.3) Consent to Data Collection

By using our Services, you acknowledge and agree that we may collect and process your data, including IP addresses and visit timestamps, as described in these Terms and our Privacy Policy.

7) User-Generated Content

7.1) Submission of Dapps and Content

By submitting a Dapp or any Content to our Services, you represent and warrant that:
  • Ownership and Rights: You own or have obtained all necessary licenses, rights, consents, and permissions to use and authorize us to display the Content.
  • Accuracy: All information provided is accurate, current, and complete.
  • Compliance: Your Content does not violate any laws or these Terms.

7.2) License Grant

You grant us a worldwide, non-exclusive, royalty-free, transferable, sublicensable, perpetual, and irrevocable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display your Content in connection with the Services.

7.3) Prohibited Content

You agree not to submit any Content that:
  • Is defamatory, obscene, pornographic, vulgar, or offensive.
  • Promotes discrimination, hatred, or harm against any individual or group.
  • Contains unauthorized advertising or spam.
  • Contains any virus, malware, or other harmful component.

7.4) Monitoring and Enforcement

We reserve the right, but are not obligated, to:
  • Review, monitor, or remove any Content at our sole discretion.
  • Take appropriate legal action against anyone who violates these Terms.

8) Dapp Listing and Advertising

8.1) Submission Process

  • Listing: Dapp Developers may submit applications to list their Dapps on our Website.
  • Advertising: Dapp Developers may inquire about advertising opportunities for their Dapps.

8.2) Acceptance Criteria

  • Sole Discretion: Acceptance and ranking of Dapps are determined solely by us at our discretion.
  • Ranking: Rankings are for informational purposes only and do not constitute endorsements or recommendations.
  • High-Risk Dapps: We reserve the right to categorize and place Dapps in specific sections, including a "High Risk" section for Dapps that appear suspicious or have limited information.

8.3) Removal and Modification

We reserve the right to:
  • Edit, move, or remove any Dapp or advertisement without notice or liability.
  • Reject or remove Dapps or advertisements that violate these Terms or are deemed inappropriate.

9) Intellectual Property Rights

9.1) Our Intellectual Property

  • Ownership: All materials on the Website, including text, graphics, logos, and software, are owned by us or our licensors and are protected by intellectual property laws.
  • License to You: We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for personal, non-commercial purposes.

9.2) User Content

  • Ownership: You retain ownership of your Content.
  • License to Us: As specified in Section 7.2, you grant us certain rights to use your Content.
  • Feedback: Any suggestions or feedback you provide are entirely voluntary, and we are free to use them without compensation to you.

9.3) Restrictions

You agree not to:
  • Copy, modify, distribute, sell, or lease any part of our Services or included software.
  • Reverse engineer or attempt to extract the source code of that software.

10) Disclaimers

10.1) No Investment Advice

  • Informational Purposes Only: All materials on the Website are for informational purposes only and do not constitute investment, legal, or other professional advice.
  • No Endorsement: We do not endorse any Dapp or Content available through the Services.

10.2) "AS IS" Basis

  • No Warranties: The Services are provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind, express or implied.
  • No Guarantee: We do not guarantee the accuracy, completeness, or usefulness of any Content or Dapp.

10.3) Blockchain Risks

  • Inherent Risks: You acknowledge the inherent risks associated with blockchain technologies and cryptocurrencies, including but not limited to regulatory changes, security vulnerabilities, and market volatility.
  • Assumption of Risk: You assume all risks associated with the use of blockchain technologies and Dapps.

11) Exclusion of Liability

To the fullest extent permitted by applicable law:
  • Exclusion of Damages: We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or other intangible losses.
  • Third-Party Content: We are not responsible for any third-party Content or Dapps accessed through our Services.
  • Users' behaviour: We are not responsible for the behavior of the Users and the information they share.
We will not be held responsible for omissions or errors that may be contained in the materials, nor for any violation of the rights of others and damages, even indirect, consequential to it, or for other damages of any kind, also resulting from loss of the right of use, loss of information or loss of earnings or deriving from breach of contract, negligence or other harmful actions, deriving from or in any way connected to the use or information contained in the platform.

12) Indemnification

You agree to indemnify, defend, and hold harmless Buildables, its affiliates, officers, directors, employees, agents, licensors, and service providers from 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.
  • Your use of the Services.
  • Your Content, including any claim of infringement or misappropriation of intellectual property or other proprietary rights.
  • Your violation of any law or the rights of any third party.

13) Third-Party Links and Services

13.1) External Links

  • Dapp Links: Our Services may contain links to third-party websites or services, such as Dapp websites, that are not owned or controlled by us.
  • Visit Tracking: When you click on Dapp links, we may collect your ip address and visit timestamp.

13.2) No Control or Endorsement

  • Third-Party Practices: We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.
  • Assumption of Risk: You access third-party websites and services at your own risk.

13.3) No Liability

  • User Responsibility: You are responsible for reviewing the terms and privacy policies of any third-party websites or services you visit.
  • No Endorsement: Inclusion of any link does not imply our endorsement or association with the linked site.

14) Modifications to the Services

We reserve the right to:
  • Modify or Discontinue: Modify, suspend, or discontinue the Services or any part thereof at any time without notice.
  • Updates: Provide updates to improve or enhance the Services, which may include adding or removing functionalities.

15) Termination

15.1) By You

You may terminate your account and discontinue the use of our Services at any time.

15.2) By Us

We may suspend or terminate your access to the Services at our sole discretion, without notice, for any reason, including but not limited to:
  • Violation of these Terms.
  • Fraudulent or illegal activities.

15.3) Effect of Termination

Upon termination:
  • Account Deactivation: Your right to access and use the Services will immediately cease.
  • Content Removal: We may delete your Content and account data.
  • Survival of Terms: All provisions of these Terms that should survive termination will remain in effect.

16) Governing Law and Dispute Resolution

16.1) Governing Law

These Terms and any disputes arising out of or relating to them will be governed by the laws of the Republic of Italy, without regard to its conflict of law provisions.

16.2) Dispute Resolution

Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts located in Milan, Italy.

17) Changes to the Terms

We reserve the right to modify or replace these Terms at any time at our sole discretion. If a revision is material, we will provide a notice before the new terms take effect. Your continued use of the Services after the effective date constitutes your acceptance of the new Terms.

18) Miscellaneous

18.1) Entire Agreement

These Terms, along with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and Buildables regarding the Services and supersede all prior agreements.

18.2) Severability

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

18.3) No Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

18.4) Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent.

19) Contact Information

If you have any questions about these Terms, please contact us at hello@buildables.xyz.