Terms of Service
PLEASE READ THESE TERMS OF SERVICE (“AGREEMENT” OR “TERMS OF SERVICE”) CAREFULLY BEFORE USING THE AIR GANG SERVICES. This is a binding agreement between you or any user, including users who are also contributors of content, (“End User” or “you”) and Air Gang (“Air Gang”). For purposes of this Agreement, the Air Gang “Services” include the Air Gang website (airgang.io), domain name, and its services, content, applications, and features, including any protocols and components that may exist now or in the future and that Air Gang may offer from time to time.
Air Gang Protocol
The Air Gang protocol provides an intuitive and streamlined solution for creating ERC-721 contracts, allowing users to generate their own smart contracts with ease and efficiency.
Acceptance of Terms
The Services are offered on the condition that you accept this Agreement without modification, including all other operating rules, policies and procedures that may be published from time to time on or through the Services. BY USING THE SERVICES, YOU "AGREE" THAT (A) YOU: ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE 18 YEARS OF AGE OR OLDER; (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS; AND (D) ALL REGISTRATION INFORMATION YOU SUBMIT IS ACCURATE AND TRUE. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE SERVICES. Please note that in all cases and to the maximum extent permitted by law, Air Gang may, in its sole discretion, refuse to offer the Services (in whole or in part) to any person or entity and change its eligibility criteria at any time.
Changes and Updates
Air Gang reserves the right to modify or replace any of the terms of this Agreement, or change, suspend or discontinue the Services (including, without limitation, the availability of any feature, database or content) at any time. Air Gang may also impose limits on certain Services or restrict your access to parts or all of the Services without notice or liability. Please be aware that it is your responsibility to check this Agreement periodically for any changes. Your continued use of the Services following the posting of any changes will mean that you accept those changes.
Intellectual Property
You acknowledge that Air Gang owns or has the license rights to all right, title and interest in and to the Services, including, without limitation, the API and all underlying software and technology and the intellectual property rights related thereto. “Intellectual Property Rights” means all rights that exist from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any other proprietary rights, and all applications, renewals, extensions and restorations of such rights, now or hereafter in force and effect throughout the world. Unless expressly agreed to later in writing with Air Gang, all rights not expressly granted under this Agreement are reserved. Nothing in this Agreement gives you or any other person the right to use any trade names, trademarks, service marks, logos, domain names and other distinctive brand features in connection with the Air Gang Site or Services.
Rules and Conduct
As a condition of your use of and access to the Services, we expect you not to misuse the Services. You agree not to use the Services for any purpose prohibited by this Agreement or applicable law, or to intentionally damage, offend, or harm any other person. You are responsible for all of your activities in connection with the Services. For purposes of this Agreement, the term “Content” includes, without limitation, any advertisements, advice, suggestions, videos, audio clips, written forum comments, information, data, text, photographs, software, scripts, graphics, and interactive features generated, provided, or otherwise made available by Air Gang or its partners on the Services. By way of example, and not as a limitation, you shall not (and shall not permit any third party to) do any of the following: (a) take any action, or (b) upload, download, post, submit, or otherwise distribute or facilitate distribution of any material on the Services that: - Infringes any Intellectual Property Rights, Privacy Rights, Publicity Rights, or any other rights of any person or entity; - Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of anothers privacy, harmful, vulgar, obscene, sexually explicit, offensive, or otherwise objectionable; - Constitutes unsolicited or unauthorized advertising, junk mail, "spamming" or "phishing"; - Contains malicious software, such as viruses, worms, Trojan horses, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment; - Involves the transmission of "junk mail," "chain letters," "pyramid schemes," or any other form of solicitation; - May harm minors in any way; or - Violates any applicable law, statute, or regulation. You acknowledge that Air Gang may or may not pre-screen Content, but that Air Gang and its designees have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the Services. Without limiting the foregoing, Air Gang and its designees shall have the right to remove any Content that violates this Agreement or is otherwise deemed objectionable by the Services. You acknowledge and agree that Air Gang may access, preserve, and disclose your account information and Content if required to do so by law or in the good faith belief that such access, preservation, or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to your customer service requests; or (e) protect the rights, property, or personal safety of Air Gang, its users, and the public.
Fees
Air Gang reserves the right to require payment of fees for the Services, with a service fee equivalent to 10% on the services. This percentage may be changed at any time, and you will be notified with thirty (30) days prior notice through the protocols official social networks or other established means of communication. In addition, it is important to note that there is a minimum amount established for the sale of the pass and subscription, which also serves as a preventive measure against bot attacks. This measure aims to guarantee the integrity and security of the Services, protecting against fraudulent practices and ensuring a reliable experience for all users. Any change in the minimum amounts will be communicated in advance. Additionally, we inform you that Air Gang holds a 5% royalty on secondary sales of GIFT COINS. However, we clarify that this fee is applied exclusively to this specific service linked to GIFT COINS, and is not charged for other services offered by Air Gang. Please be aware that continued use of the Services after notification implies your acceptance of the changes in fees, minimum amounts and royalties.
Users Tax and Legal Obligations
Each user is solely responsible for complying with all tax, taxation and legal obligations arising from their operations on the protocol. Under no circumstances shall Air Gang be held liable for any tax or other liability arising from the user’s ownership. Users must ensure compliance with the tax laws and regulations applicable to their jurisdiction and assume responsibility for any legal consequences arising from their activities on the protocol. Tax liability lies solely with each user, and Air Gang does not in any way assume responsibility for individual tax or legal matters. We recommend that users seek the advice of qualified professionals to understand their specific tax obligations. This notice highlights the independence between users’ tax obligations and any corresponding liability on the part of Air Gang.
Disclaimer of Warranties
You expressly understand and agree that your use of the Services is at your sole risk. The Services are provided on an “as is” and “as available” basis. In particular, Air Gang, its affiliates and licensors, and their respective directors, employees, agents, partners and suppliers make no representations or warranties of any kind regarding the Services, whether express or implied, including, without limitation, any warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance. Air Gang, its affiliates and licensors do not warrant that: (a) the Services will meet your requirements; (b) the Services will be uninterrupted, timely, secure or error-free; or (c) any information obtained by you as a result of the use of the Services will be accurate or reliable.
Limitation of Liability
You understand and agree that Air Gang, its affiliates and licensors will not be liable for any indirect, incidental, special, consequential, punitive or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Air Gang has been advised of the possibility of such damages), resulting from: (a) the use of or inability to use the services; (b) the cost of procurement of substitute goods and services; (c) unauthorized access to or alteration of your transmissions or data; (d) statements or conduct of any third party on the services; or (e) any other matter related to the services.
Third Party Sites
The Air Gang Services may allow you to link to other websites or resources on the Internet, and other websites or resources may contain links to the Site or the Services. When you access third-party websites, services, products or data, you do so 100% at your own risk. Such other websites are not under the control of Air Gang, and you acknowledge that Air Gang is not responsible for any aspect of such websites, services, products or data, including, but not limited to, any content, functions, accuracy, legality, appropriateness or any other aspects. The inclusion of any links does not imply endorsement by Air Gang or any association with their operators. As a result, you acknowledge and agree that Air Gang shall not be responsible or liable, directly or indirectly, for any liability, damage or loss associated with or in connection with the access to, use of or reliance on any Content, or any such non-Air Gang websites, goods, services, technologies or offerings.
Disclaimers
You agree to indemnify and hold harmless Air Gang and its affiliates, subsidiaries, employees, agents, partners, and licensors from and against any claim, demand, loss, liability, damages, or expenses (including reasonable attorneys’ fees) arising out of: (a) content you submit, post, transmit, or otherwise make available through the Services; (b) your use of the Services; (c) your violation of this Agreement; (d) your violation of any third-party rights, including without limitation any property or privacy rights; or (e) any claim that your Content caused damage to a third-party. This defense and indemnification obligation will survive this Agreement and your use of the Services.
Contact
If you have any questions, concerns, or would like more information about these Terms of Service, please contact us at support@airgang.io . We are here to help and provide you with the support you need to ensure a positive experience using Air Gang’s services.