Terms of Service

Last Updated: October 26, 2023

Welcome to xyloto.xyz. These Terms of Service ("Terms") govern your access to and use of the xyloto.xyz website and any related services, features, content, or applications offered by xyloto.xyz (collectively, the "Service"). Please read these Terms carefully before using the Service.

By accessing or using the Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to all of these Terms, you are not authorized to use the Service.

1. Acceptance of Terms

The Service is provided by xyloto.xyz ("we," "us," or "our"), located at 1824 Third Blvd, Bozeman, Montana 87564. By creating an account, accessing, browsing, or otherwise using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. These Terms constitute a legally binding agreement between you and xyloto.xyz.

We reserve the right to modify or update these Terms at any time at our sole discretion. We will provide notice of significant changes by posting the new Terms on the Service and updating the "Last Updated" date. Your continued use of the Service after such changes constitutes your acceptance of the new Terms. It is your responsibility to review these Terms periodically for updates.

2. Use of Service

2.1 Eligibility

You must be at least 13 years of age to use the Service. By using the Service, you represent and warrant that you are of legal age to form a binding contract with xyloto.xyz and meet all eligibility requirements. If you are using the Service on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

2.2 Account Registration

Access to certain features of the Service may require you to register for an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate. You are solely responsible for safeguarding your account password and for all activities that occur under your account. You must notify us immediately at [email protected] upon becoming aware of any unauthorized use of your account.

2.3 Service Modifications and Availability

We reserve the right to modify, suspend, or discontinue the Service (or any part thereof) at any time, with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuance of the Service. We do not guarantee that the Service will be available uninterrupted, secure, or error-free.

3. User Responsibilities

You are solely responsible for your conduct and any data, text, files, information, or other materials that you submit, post, or display on or via the Service ("User Content"). You agree to use the Service only for lawful purposes and in accordance with these Terms.

3.1 Prohibited Activities

You agree not to engage in any of the following prohibited activities:

• Violating any applicable local, state, national, or international law or regulation.
• Infringing upon or violating our intellectual property rights or the intellectual property rights of others.
• Harassing, abusing, threatening, or intimidating other users.
• Uploading or transmitting viruses, malware, or any other malicious code designed to disrupt or damage the Service or any computer system.
• Attempting to gain unauthorized access to the Service, other user accounts, or computer systems/networks connected to the Service.
• Using the Service for any fraudulent or misleading purpose.
• Interfering with or disrupting the integrity or performance of the Service.
• Collecting or harvesting any information from the Service without our express permission.
• Using the Service to transmit any unsolicited commercial communications (spam).

3.2 User Content

You retain ownership of any intellectual property rights that you hold in your User Content. By submitting User Content, you grant xyloto.xyz a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content in connection with the Service and our business.

You are solely responsible for your User Content and the consequences of posting it. You represent and warrant that you own or have the necessary licenses, rights, and permissions to your User Content and that it does not violate any third-party rights.

4. Intellectual Property

The Service, including its original content, features, functionality, design, and layout, is owned by xyloto.xyz and its licensors and is protected by international copyright, trademark, patent, trade secret, and other intellectual property laws. The xyloto.xyz name, logo, and all related graphics are trademarks or service marks of xyloto.xyz. You may not use these marks without our prior written permission.

Except as expressly provided in these Terms, nothing herein shall be construed as conferring any license to intellectual property rights. You may not copy, modify, create derivative works of, publicly display, or reverse engineer any part of the Service without our explicit written consent.

5. Limitation of Liability

5.1 Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, XYLOTO.XYZ DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.

5.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL XYLOTO.XYZ, ITS DIRECTORS, EMPLOYEES, PARTNERS, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (III) ANY CONTENT OBTAINED FROM THE SERVICE; AND (IV) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

OUR AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHER