Terms of service
Who we are
This is a user interface (the “Interface”) that provides access to the DeSo blockchain (the "Blockchain"), which is a fully-decentralized protocol that no individual or corporate entity controls.
This Terms of Service Agreement (the “Agreement”) explains the terms and conditions by which you may access and use the Interface. You must read this Agreement carefully. By accessing or using the Interface, you signify that you have read, understand, and agree to be bound by this Agreement in its entirety. If you do not agree, you are not authorized to access or use the Interface.
This Terms of Service Agreement (the “Agreement”) explains the terms and conditions by which you may access and use the Interface. You must read this Agreement carefully. By accessing or using the Interface, you signify that you have read, understand, and agree to be bound by this Agreement in its entirety. If you do not agree, you are not authorized to access or use the Interface.
Please visit our about page to learn more about Zirkels.
1. Modification of this Agreement
The operators of the Interface and any and all developers of the Blockchain ( collectively, the "DeSo NoCode Institute") reserve the right, in their sole discretion, to modify this Agreement from time to time. If the DeSo NoCode Institute makes any modifications, the DeSo NoCode Institute will notify you by updating the date at the top of the Agreement. All modifications will be effective when they are posted, and your continued use of the Interface will serve as confirmation of your acceptance of those modifications. If you do not agree with any modifications to this Agreement, you must immediately stop accessing and using the Interface.
2. Eligibility
To access or use the Interface, you represent that you are at least eighteen years old and have the full right, power, and authority to enter into and comply with the terms and conditions of this Agreement on behalf of yourself and any company or legal entity for which you may access or use the Interface. You further represent that you are not a citizen, resident, or member of any jurisdiction or group that is subject to economic sanctions by the United States, or where your use of the Interface would be illegal or otherwise violate any applicable law. You further represent that your access and use of the Interface will fully comply with all applicable laws and regulations, and that you will not access or use the Interface to conduct, promote, or otherwise facilitate any illegal activity.
3. Prohibited Activity
You agree not to engage in, or attempt to engage in, any of the following categories of prohibited activity in relation to your access and use of the Interface:
- Any Unlawful Conduct. Activity that violates any applicable law, rule, or regulation of the United States or another relevant jurisdiction, including (but not limited to) the restrictions and regulatory requirements imposed by U.S. law.
4. No Professional Advice
All information provided by the Interface is for informational purposes only and should not be construed as professional advice. You should not take, or refrain from taking, any action based on any information contained in the Interface. Before you make any financial, legal, or other decisions involving the Interface, you should seek independent professional advice from an individual who is licensed and qualified in the area for which such advice would be appropriate.
5. No Warranties
The Interface is provided on an “AS IS” and “AS AVAILABLE” basis. To the fullest extent permitted by law, the DeSo NoCode Institute disclaims any representations and warranties of any kind, whether express, implied, or statutory, including (but not limited to) the warranties of merchantability and fitness for a particular purpose. You acknowledge and agree that your use of the Interface is at your own risk. The DeSo NoCode Institute does not represent or warrant that access to the Interface will be continuous, uninterrupted, timely, or secure; that the information contained in the Interface will be accurate, reliable, complete, or current; or that the Interface will be free from errors, defects, viruses, or other harmful elements. No advice, information, or statement that the DeSo NoCode Institute makes should be treated as creating any warranty concerning the Interface. The DeSo NoCode Institute does not endorse, guarantee, or assume responsibility for any advertisements, offers, or statements made by third parties concerning the Interface.
The DeSo NoCode Institute has done its best to ensure that all software is secure and free of errors. However, for the avoidance of doubt, you acknowledge and agree that purchases and transfers of Bitcoin or the DESO cryptocurrency ("DESO") made using the Interface are at your own risk, and that if any errors, defects, viruses, or other harmful elements result in the loss of DESO or Bitcoin, the DeSo NoCode Institute cannot be held responsible or liable.
The DeSo NoCode Institute has done its best to ensure that all software is secure and free of errors. However, for the avoidance of doubt, you acknowledge and agree that purchases and transfers of Bitcoin or the DESO cryptocurrency ("DESO") made using the Interface are at your own risk, and that if any errors, defects, viruses, or other harmful elements result in the loss of DESO or Bitcoin, the DeSo NoCode Institute cannot be held responsible or liable.
6. Consumptive Use
When you purchase or otherwise acquire DESO or Creator Coins (collectively, “DESO Coins”), you represent, warrant and agree that:
(i) you are acquiring DESO Coins solely for consumptive use in connection with the Blockchain and not for distribution; (ii) you are not acquiring DESO Coins as an investment and you have no expectation of economic benefit or profit as a holder of DESO Coins; (iii) you are acquiring DESO Coins for your own use and not with a view to sell the DESO Coins to anyone else; (iv) you are not acquiring any equity or other ownership or legal interest in the Interface or the Blockchain by virtue of owning DESO Coins; (v) you will not portray DESO Coins as an investment or an opportunity to obtain an economic benefit or profit; (vi) you have an adequate understanding of the functionality and characteristics of DESO Coins and the differences between DESO and Creator Coins; (vii) your purchase and use of DESO Coins complies with applicable laws and regulations in your jurisdiction, including, without limitation, legal capacity, regulatory restrictions and governmental consents; and (viii) you will not use DESO Coins for any illegal purpose within or outside of the Blockchain or the Interface.
(i) you are acquiring DESO Coins solely for consumptive use in connection with the Blockchain and not for distribution; (ii) you are not acquiring DESO Coins as an investment and you have no expectation of economic benefit or profit as a holder of DESO Coins; (iii) you are acquiring DESO Coins for your own use and not with a view to sell the DESO Coins to anyone else; (iv) you are not acquiring any equity or other ownership or legal interest in the Interface or the Blockchain by virtue of owning DESO Coins; (v) you will not portray DESO Coins as an investment or an opportunity to obtain an economic benefit or profit; (vi) you have an adequate understanding of the functionality and characteristics of DESO Coins and the differences between DESO and Creator Coins; (vii) your purchase and use of DESO Coins complies with applicable laws and regulations in your jurisdiction, including, without limitation, legal capacity, regulatory restrictions and governmental consents; and (viii) you will not use DESO Coins for any illegal purpose within or outside of the Blockchain or the Interface.
7. Purchases
All purchases made through the site are final. Products are offered as is and no warranty is implied or offered.
No refunds will be made. You can cancel plans at any time.
No refunds will be made. You can cancel plans at any time.
8. No Fiduciary Duties
This Agreement is not intended to, and does not, create or impose any fiduciary duties on the DeSo NoCode Institute. To the fullest extent permitted by law, you acknowledge and agree that the DeSo NoCode Institute owes no fiduciary duties or liabilities to you or any other party, and that to the extent any such duties or liabilities may exist at law or in equity, those duties and liabilities are hereby irrevocably disclaimed, waived, and eliminated. You further agree that the only duties and obligations that the DeSo NoCode Institute owes you are those set out expressly in this Agreement.
9. Compliance Obligations
By accessing or using the Interface, you agree that you are solely and entirely responsible for compliance with all laws and regulations that may apply to you. You may not use the Interface if you are a citizen, resident, or member of any jurisdiction or group that is subject to economic sanctions by the United States, or if your use of the Interface would be illegal or otherwise violate any applicable law. The Interface and all of its contents are solely directed to individuals, companies, and other entities located within the United States.
10. Assumption of Risk
By accessing and using the Interface, you represent that you understand the inherent risks associated with using cryptographic and blockchain-based systems, and that you have a working knowledge of the usage and intricacies of digital assets such as bitcoin (BTC), DESO, and other digital tokens. You further understand that the markets for these digital assets are highly volatile due to factors including (but not limited to) adoption, speculation, technology, security, and regulation. You acknowledge that the cost and speed of transacting with cryptographic and blockchain-based systems such as Bitcoin or DESO are variable and may increase dramatically at any time. You further acknowledge the risk that your digital assets may lose some or all of their value. You further acknowledge that the DeSo NoCode Institute is not responsible for any of these variables or risks, does not own or control the Blockchain, and cannot be held liable for any resulting losses that you experience while accessing or using the Interface. Accordingly, you understand and agree to assume full responsibility for all of the risks of accessing and using the Interface and interacting with the Blockchain.
11. Third-Party Resources and Promotions
The Interface may contain references or links to third-party resources, including (but not limited to) information, materials, products, or services, that the DeSo NoCode Institute does not own or control. In addition, third parties may offer promotions related to your access and use of the Interface. The DeSo NoCode Institute does not endorse or assume any responsibility for any such resources or promotions. If you access any such resources or participate in any such promotions, you do so at your own risk, and you understand that this Agreement does not apply to your dealings or relationships with any third parties. You expressly relieve the DeSo NoCode Institute of any and all liability arising from your use of any such resources or participation in any such promotions.
12. Release of Claims
You agree to hold harmless, release, defend, and indemnify the DeSo NoCode Institute from and against all claims, damages, obligations, losses, liabilities, costs, and expenses arising from: (a) your access and use of the Interface; (b) your violation of any term or condition of this Agreement, the right of any third party, or any other applicable law, rule, or regulation; and (c) any other party’s access and use of the Interface with your assistance or using any device or account that you own or control.
13. Indemnity
You agree to hold harmless, release, defend, and indemnify the DeSo NoCode Institute from and against all claims, damages, obligations, losses, liabilities, costs, and expenses arising from: (a) your access and use of the Interface; (b) your violation of any term or condition of this Agreement, the right of any third party, or any other applicable law, rule, or regulation; and (c) any other party’s access and use of the Interface with your assistance or using any device or account that you own or control.
14. Limitation of Liability
Under no circumstances shall the DeSo NoCode Institute be liable to you for any indirect, punitive, incidental, special, consequential, or exemplary damages, including (but not limited to) damages for loss of profits, goodwill, use, data, or other intangible property, arising out of or relating to any access or use of the Interface, nor will the DeSo NoCode Institute be responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of the Interface or the information contained within it. The DeSo NoCode Institute assumes no liability or responsibility for any: (a) errors, mistakes, or inaccuracies of content; (b) personal injury or property damage, of any nature whatsoever, resulting from any access or use of the Interface; (c) unauthorized access or use of any secure server or database in our control, or the use of any information or data stored therein; (d) interruption or cessation of function related to the Interface; (e) bugs, viruses, trojan horses, or the like that may be transmitted to or through the Interface; (f) errors or omissions in, or loss or damage incurred as a result of the use of, any content made available through the Interface; and (g) the defamatory, offensive, or illegal conduct of any third party. Under no circumstances shall the DeSo NoCode Institute be liable to you for any claims, proceedings, liabilities, obligations, damages, losses, or costs. This limitation of liability applies regardless of whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, and even if the DeSo NoCode Institute has been advised of the possibility of such liability. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of certain liabilities and damages. Accordingly, some of the disclaimers and limitations set forth in this Agreement may not apply to you. This limitation of liability shall apply to the fullest extent permitted by law.
15. Dispute Resolution
The DeSo NoCode Institute will use its best efforts to resolve any potential disputes through informal, good faith negotiations. If the DeSo NoCode Institute isn't able to reach an informal resolution within sixty days of contact, then you and the DeSo NoCode Institute both agree to resolve the potential dispute according to the process set forth below.
Any claim or controversy arising out of or relating to the Interface, this Agreement, or any other acts or omissions for which you may contend that the DeSo NoCode Institute liable, including (but not limited to) any claim or controversy as to arbitrability (“Dispute”), shall be finally and exclusively settled by arbitration under the JAMS Optional Expedited Arbitration Procedures. You understand that you are required to resolve all Disputes by binding arbitration. The arbitration shall be held on a confidential basis before a single arbitrator, who shall be selected pursuant to JAMS rules. The arbitration will be held in Orlando, Florida unless you and the DeSo NoCode Institute both agree to hold it elsewhere. Unless you and the DeSo NoCode Institute agree otherwise, the arbitrator may not consolidate your claims with those of any other party. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Any claim or controversy arising out of or relating to the Interface, this Agreement, or any other acts or omissions for which you may contend that the DeSo NoCode Institute liable, including (but not limited to) any claim or controversy as to arbitrability (“Dispute”), shall be finally and exclusively settled by arbitration under the JAMS Optional Expedited Arbitration Procedures. You understand that you are required to resolve all Disputes by binding arbitration. The arbitration shall be held on a confidential basis before a single arbitrator, who shall be selected pursuant to JAMS rules. The arbitration will be held in Orlando, Florida unless you and the DeSo NoCode Institute both agree to hold it elsewhere. Unless you and the DeSo NoCode Institute agree otherwise, the arbitrator may not consolidate your claims with those of any other party. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
16. Class Action and Jury Trial Waiver
You must bring any and all Disputes against the DeSo NoCode Institute in your individual capacity and not as a plaintiff in or member of any purported class action, collective action, private attorney general action, or other representative proceeding. This provision applies to class arbitration. You and the DeSo NoCode Institute both agree to waive the right to demand a trial by jury.
17. Governing Law
You agree that the laws of the State of Florida, without regard to principles of conflict of laws, govern this Agreement and any Dispute between you and the DeSo NoCode Institute. You further agree that the Interface shall be deemed to be based solely in the State of Florida, and that although the Interface may be available in other jurisdictions, its availability does not give rise to general or specific personal jurisdiction in any forum outside the State of Florida. Any arbitration conducted pursuant to this Agreement shall be governed by the Federal Arbitration Act. You agree that Orlando, Florida is the proper forum for any appeals of an arbitration award or for court proceedings in the event that this Agreement’s binding arbitration clause is found to be unenforceable.
18. Your Account and Responsibilities
You’re responsible for your use of the Services and any content you provide, including compliance with applicable laws. Content on the Services may be protected by others’ intellectual property rights. Please don’t copy, upload, download, or share content unless you have the right to do so.
Your use of the Services must comply with our Rules.
19. User Content on the Services
Zirkels may review your conduct and content for compliance with these Terms, and reserves the right to remove any violating content.
Zirkels reserves the right to delete or disable content alleged to be infringing the intellectual property rights of others, and to terminate accounts of repeat infringers.
20. Rights and Ownership
You retain your rights to any content you submit, post or display on Zirkels.
Unless otherwise agreed in writing, by submitting, posting, or displaying content on or through the Services, you grant Zirkels a nonexclusive, royalty-free, worldwide, fully paid, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display your content and any name, username or likeness provided in connection with your content in all media formats and distribution methods now known or later developed on the Services.
Zirkels needs this license because you own your content and Zirkels therefore can’t display it across its various surfaces (i.e., mobile, web) without your permission.
Unless otherwise agreed in writing, by submitting, posting, or displaying content on or through the Services, you grant Zirkels a nonexclusive, royalty-free, worldwide, fully paid, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display your content and any name, username or likeness provided in connection with your content in all media formats and distribution methods now known or later developed on the Services.
Zirkels needs this license because you own your content and Zirkels therefore can’t display it across its various surfaces (i.e., mobile, web) without your permission.
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