Terms of use govern your use of the website https://lysto.gg, the associated mobile application named and any other microsite, hyperlink, or URL as may be created or operated by Lysto from time to time (“Website”), and any other software, tools, features, or functionalities provided in connection with Lysto’s services. Such services shall include, without limitation, using Lysto’s Website tools and functionalities, at your own discretion, to view, explore, and interact with individual gaming professionals from various online gaming communities (collectively, the “Services”).

The Website is owned and operated by DIGITIBLE PTE. LTD. (“Lysto”), a company incorporated under the laws of Singapore, and having its registered office at 20 Bendemeer Road, #03-12 BS Bendemeer Centre, Singapore – 339 914.

For the purposes of these Terms of Use:

“Member” shall mean a registered user of the Services, who operates an Account on the Website.

“Viewer” shall mean an individual accessing or browsing the Website.

“User”, “you” and “your”, shall mean a Member or a Viewer, as the case may be.

“NFT” shall mean a non-fungible token, virtual digital asset, or a similar digital item implemented on a blockchain, which uses smart contracts to link to, or otherwise be associated with certain content or data.

“Smart Contract” shall mean a computer program, or a transaction protocol stored on a blockchain, which is intended to automatically execute, control or document legally relevant events and actions, when pre-determined conditions are met.

Defined terms not listed herein shall have the meaning ascribed to it in these Terms of Use.

Lysto provides Services that inter alia enable:

a. Members to create Accounts on the Website in order to generate a digital persona that displays and highlights the Members’ gaming achievements and expertise;

b. Lysto shall track the Member’s game statistics, achievements and expertise in order to identify Members who are eligible to earn badges, trophies, achievements, etc. from Lysto upon completing certain pre-determined gaming challenges. These gaming statistics recorded in the form of badges, trophies or achievements of the Member may be displayed by the Members on the Website;

c. Members to discover other Members on the Website; and

d. Viewers to browse the Website and view the Members’ Avatars, Accounts and achievements.

In order to use Lysto’s Services, Members must use a third-party wallet specified by Lysto which allows Members to engage in transactions on blockchains in accordance with the corresponding Smart Contract.

Lysto reserves the right to change or modify these Terms of Use at any time and in its sole discretion. If material changes are made to these Terms of Use, Lysto shall use reasonable efforts to inform its Users of such changes by providing notice thereof through the Services or updating the “Last Updated” date at the beginning of these Terms of Use.

Upon revision of these Terms of Use, your continual usage of the Services constitutes your acceptance of:

a. the revised Terms of Use and all of the terms incorporated therein by reference, effective as of the date these Terms of Use are updated. It is your sole responsibility to review the Terms of Use from time to time to view such changes and to ensure that you understand the terms and conditions that apply when you access or use the Services; and

b. any additional terms and conditions, arising out of supplemental services made available to Users on the Website, which shall form part of these Terms of Use, and shall be binding on you in the course of your usage of the Website. In the event of a conflict between these Terms of Use and any additional applicable terms that may have been provided for a specific Service, such additional terms shall prevail in respect of that specific Service.

You represent and warrant that you have the legal capacity and authority to agree to and accept these Terms of Use on behalf of yourself and any person you purport to represent. You shall not access and/or use the Website if you are not competent to contract under applicable laws, rules and regulations.

Individuals under the age of 18 should seek the consent of their parents before providing any information about themselves, their parents, or other family members competent to contract, on the Website.

If you are using the Services on behalf of a company or any other entity, then “you” shall include you and that entity, and you represent and warrant that: (a) you are an authorized representative of the entity with the authority to bind the entity to these Terms of Use; and (b) you agree to these Terms of Use on the entity’s behalf.

As a Member, you agree and acknowledge that you shall, as a pre-requisite to accessing and availing of the Services, register as a Member on the Website by providing such information and details as may be requested by Lysto from time to time, and setting up an account in accordance with the instructions provided by Lysto (“Account”).

In addition to the above, for the purposes of this Terms of Use, the Members eligible to create Accounts, interact and avail the Services on the Website have to:

a. have an operational, valid and functional 'MetaMask' cryptocurrency wallet, or any other wallet as identified by Lysto from time to time;

b. be registered users of the video games identified by Lysto from time to time;

c. have a valid and existing ‘Discord’ account; and

d. undertake such other actions as may be specified by Lysto from time to time.

For the avoidance of doubt, it is hereby clarified that only Users having registered as Members and operating an active account shall have access to the Services. Viewers shall not have access to the Services and shall only be able to view Member profiles on the Website.

Lysto reserves the right to modify the pre-requisites and eligibility criteria specified herein at any point in time without being under the obligation to inform the Members of the same. Members are to periodically check and refer to these Terms of Use in order to be compliant with the requirements and pre-requisites set out hereinterms hereof.

As mentioned in clause D above, each Member shall be required to create an Account in order to utilize the features and Services of the Website. Each such Account shall be linked to the Member’s MetaMask wallet and Discord account. The Member hereby acknowledges that the pre-requisites set out in clause D above may vary from time to time, as per the sole discretion of Lysto. The Member shall adhere to any requirements, rules and restrictions prescribed by Lysto, failing which, the Member’s account may be deactivated.

AVATAR. In order to create an Account on the Website, a Member may, in addition to his/her discord id, password, and other such information as requested by Lysto, assign an NFT avatar to its profile being created on the Website (“Avatar”). For the purposes of the same, the Member shall either:

a. assign an NFT (owned by such Member) to complete his/her Avatar; or

b. in the absence of an NFT being owned by such Member, request Lysto to mint an NFT in order to complete such Member’s Avatar.

In the event the Member opts for availing the service contemplated in Sub Clause (b) above, the Member hereby agrees and confirms that the Member shall follow such instructions, as given by Lysto in order to mint an NFT for the creation of the Avatar. It is hereby clarified that all rights arising out of such NFT being minted by Lysto shall unconditionally, without any prejudice lie with Lysto or the respective artist who owns the underlying artwork, as the case may be.

Further, the Member shall exercise its discretion and do adequate research prior to assigning an NFT or requesting Lysto to mint an NFT, in order to ensure that there is no infringement of third party of intellectual property rights in the course of the same.

PROVIDING ACCURATE REGISTRATION INFORMATION. By creating an Account, you agree to provide accurate, current, and complete account information about yourself, and to maintain and promptly update as necessary your Account information.

RESPONSIBILITY FOR ACCOUNT SECURITY. As a Member, you are solely responsible for the security of your Account and your wallet. You agree to undertake to maintain at all times, adequate security and control of all of your Account details, passwords, personal identification numbers or any other codes that you use to access the Website or the Services. You must ensure that any Account registered under your name will not be used by any other person. You must notify us immediately of any breach of security, loss, theft, or unauthorized use of your username, password or security information at [•].

SUSPENSION OF HACKED ACCOUNTS. Lysto reserves the right to terminate, suspend or restrict a Member’s access to any Account if Lysto has reasonable suspicion that the person logged into the said Account is not the registered Member, or if Lysto suspects that the Account has been or will be used for any illegal, fraudulent, or unauthorized purposes. Under no circumstances shall Lysto or its affiliates, officers, directors, employees, agents or representatives be responsible or liable for any direct or indirect losses (including loss of profits, business or opportunities), damages or costs suffered by a Member or any other person or entity due to any such termination, suspension or restriction of access to any Account.

Lysto reserves the right to take action, with or without advance notice, if in Lysto’s view, you have violated these Terms of Use. This includes but is not limited to:

a. removing the ability to view certain Accounts on the Service or use our Service to interact with the Members;

b. disabling the ability to use the Service; and/or

c. other actions as deemed fit at Lysto’s sole discretion.

You agree that you will not violate any law, contract, intellectual property or other third-party right, and that you are solely responsible for your conduct and content, while accessing or using the Services. Further, you also agree that you will not:

a. use or attempt to use another Member’s Account without authorization from such Member;

b. pose as another Member, person, or entity;

c. claim a Lysto username for the purpose of reselling it or otherwise engage in name squatting;

d. access the Services from a different blockchain address if we’ve blocked any of your other blockchain addresses from accessing the Service, unless you have our written permission first;

e. distribute spam, including but not limited to sending unwanted messages, communication or otherwise to other Members;

f. use the Services in a manner including but not limited to, disseminating any software or interacting with any API regardless of whether such actions may damage, disable, overburden, or impair the functioning of the Services in any manner;

g. bypass or ignore instructions that control access to the Services, including attempting to circumvent any rate limiting systems by using multiple API keys, directing traffic through multiple IP addresses, or otherwise obfuscating the source of traffic you send to Lysto;

h. use any data mining, robot, spider, crawler, scraper, script, browser extension, offline reader, or other automated means or interface not authorized by us to access the Services, extract data, or otherwise interfere with or modify the rendering of Services pages or functionality;

i. reverse engineer, duplicate, decompile, disassemble, or decode any aspect of the Services, or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any service, area, or code of the Services;

j. sell or resell the Services or attempt to circumvent any Lysto Fees;

k. engage in any behaviour that has the intention or the effect of artificially causing an item or collection to appear at the top of search results, or artificially increasing view counts, favourites, or other metrics that Lysto might use to sort search results;

l. use the Services or data collected from our Services for any advertising or direct marketing activity (including without limitation, email marketing, SMS marketing, and telemarketing);

m. use the Services for money laundering, terrorist financing, or other illicit finance;

n. use the Services from a country sanctioned by the government of India or the Republic of Singapore, or to facilitate transactions involving individuals sanctioned by the government of India or the Republic of Singapore or located in sanctioned countries;

o. use the Services to carry out any financial activities subject to registration or licensing, including but not limited to creating, selling, or buying securities, commodities, options, or debt instruments;

p. use the Services to engage in price manipulation, fraud, or other deceptive, misleading, or manipulative activity;

q. use the Services to buy, sell, or transfer stolen items, fraudulently obtained items, items taken without authorization, and/or any other illegally obtained items;

r. infringe or violate the intellectual property rights or any other rights of others including by copying or attempting to pass off or infringe the copyright and intellectual property rights by misusing avatars, NFTs or images owned by a third party without due authorisation, in the minting of the NFT Avatar;

s. create or display illegal content, such as content that may involve child sexual exploitation;

t. create or display NFTs or other items that promote suicide or self-harm, incites hate or violence against others, or doxes another individual;

u. use the Services for any illegal or unauthorized purpose, including creating or displaying illegal content, such as content that may involve child sexual exploitation, or encouraging or promoting any activity that violates the Terms of Use; and

v. use the Services in any manner that could interfere with, disrupt, negatively affect or inhibit other Users from fully enjoying the Services.

Further, you bear full responsibility for verifying the authenticity, legitimacy, identity, and other details about any account that you view or otherwise interact with in conjunction with our Services. We make no guarantees or promises about the identity, legitimacy, or authenticity of any Account on the Website.

`User Content` shall mean any content a Member makes available to other Users through its use of the features, Services, or otherwise.

Each Member hereby affirms and grants Lysto, its licensors and affiliates a worldwide, non-exclusive right, but not an obligation, to use, reproduce, modify, create derivative works from, distribute, transmit, transcode, translate, broadcast, and otherwise communicate, and publicly display and publicly perform the User Content, including but not limited to derivative works of the User Content, for any purpose whatsoever.

WEBSITE. You acknowledge and agree that Lysto (or, as applicable, its licensors) own all legal rights, titles and interests in and to all elements of the Website. The graphics, design, systems, methods, information, computer code, software, services, “look and feel”, organization, a compilation of the content, code, data, and all other elements of the Website (collectively, the “Lysto UI”) are owned by Lysto, and are protected by copyright, trade dress, patent, and trademark laws, international conventions, other relevant intellectual property and proprietary rights, and applicable laws. All Lysto UI are the copyrighted property of Lysto or its licensors, and all trademarks, service marks, and trade names contained in the Lysto UI are proprietary to Lysto or its licensors. Except as expressly set forth herein, your use of this Website does not grant you ownership of or any other rights with respect to any content, code, data, or other materials that you may access on or through the Website. We reserve all rights in and to the Lysto UI not expressly granted to you in the Terms of Use.

The Website may include hyperlinks to Members’ accounts on other social media platforms, other websites or resources (collectively, “External Sites”), which are provided solely for the convenience of our Users. Lysto has no control over any External Sites. You acknowledge and agree that Lysto is not responsible for the availability of any External Sites and that Lysto does not endorse any advertising, products, or other materials on or made available from any External Sites. Furthermore, you acknowledge and agree that Lysto is not liable for any loss or damage which may be incurred as a result of the availability or unavailability of the External Sites, or as a result of any reliance placed by you upon the completeness, accuracy, or existence of any advertising, products or other materials on, or made available from any External Sites.

Lysto makes no representations or warranties, express or implied, written or oral, including representations or warranties purportedly made on behalf of Lysto in connection therewith, including any representations or warranties of title, functionality, usage, security, suitability or workmanship or technical quality of any Website content, work, code, or software. Further, Lysto expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

You agree that you are availing of the features and facilities at your own risk. The Services, features and facilities are provided on an 'AS IS' basis.

In light of the above, Lysto hereby clarifies that Lysto makes no warranty as to any information on the Website that is not authored by Lysto.

Lysto hereby clarifies that it has the full power and authority to remove any Website content including the NFTs, Avatars and images used therefor from the Website at any point in time without intimating any User of the same.

Lysto hereby clarifies that such content, as mentioned above, shall: (i) not be moderated or checked by Lysto, as it does to the Website content; (ii) be susceptible to being pulled down at any point of time; and (iii) not carry any guarantee of fitness and/or unhindered access, and may be stopped at any point of time.

For the avoidance of doubt, it is clarified that Lysto shall act as per the instructions of the Member and is not under any obligations to undertake any manner of infringement prevention exercise or due diligence prior to assigning an NFT or minting the NFT as instructed by the Member to create Avatars on the Website. Lysto shall not have any liability arising out of any manner of infringement, passing off or misappropriation of copyright and other intellectual property rights by the Member or its representatives in the minting of the NFTs or creation of the Avatars.

In the event of any User finding any content as mentioned above, as inappropriate, defamatory, lewd, or otherwise objectionable, the User may bring the same to Lysto’s notice by writing to us at info@lysto.io.

Lysto makes no warranty that the features and facilities shall meet your requirements, that the features and facilities shall be uninterrupted and/or timely and/or secure and/or error free; nor does Lysto make any warranty as to the results that may be obtained from the use of the features and facilities or as to the accuracy or reliability of any information obtained from the features and facilities.

There are no representations and warranties, whether express or implied, made by Lysto regarding the accuracy and/or quality of any information transmitted and/or products/Services obtained through the use of the Services, features and facilities.

Lysto does not make any warranties or guarantee as to the functionality and experience of the Website and its Services as the functionality of the same depend on various factors, including but not limited to the device being used by the User, the browser, etc. which is beyond Lysto’s control.

You shall ensure that while using the features and facilities of the Website, all prevailing and applicable laws, rules and regulations, shall at all times, be strictly complied by you and Lysto shall not be liable in any manner whatsoever for default of any nature regarding the same, by you.

Lysto does not warrant or guarantee that the content provided on this Website shall be continuous, seamless and without interruptions as the same depend on various factors, including but not limited to the internet connection of the User, the device being used, etc. which is beyond Lysto’s control.

Lysto does not warrant that the Lysto mobile application shall work as intended in the event that it has not been updated by the User, and/or the User is not using the latest and up to date version of the Lysto mobile application. It is the obligation of the User to periodically check for updates and keep the Website up to date on the device that is being used to avail the Services.

Lysto does not warrant that the Website or any of the websites linked to the Website be free of any operational hazards or errors or that it will be free of any virus or/and worm or/and any other harmful components.

Lysto does not warrant or guarantee that the operation of this Website/Services will be continuously secure. Security and privacy risks cannot be completely eliminated, and Lysto disclaims any and all liability in connection therewith.

ACCESS TO THIS WEBSITE AND ITS CONTENT, INCLUDING FEATURES AND FACILITIES PROVIDED FOR HEREIN ARE AVAILABLE TO USE AS A MATTER OF CONVENIENCE. LYSTO EXPRESSLY DISCLAIMS ANY CLAIM OR LIABILITY ARISING OUT OF UPLOADING OF ANY DEFAMATORY, OBSCENE, VULGAR OR PORNOGRAPHIC IMAGES, PHOTOGRAPHS OR PICTURES OR ON ACCOUNT OF ANYBODY ALTERING OR DISTORTING THE IMAGES AVAILABLE IN THIS WEBSITE IN AN OBSCENE, VULGAR OR PORNOGRAPHIC MANNER. AS A MEMBER, YOU AGREE AND ACKNOWLEDGE THAT YOU SHALL BE SOLELY RESPONSIBLE FOR YOUR CONDUCT AND THAT LYSTO RESERVES THE RIGHT TO TERMINATE YOUR RIGHT TO ACCESS AND AVAIL OF THE FEATURES AND FACILITIES IMMEDIATELY, WITHOUT PREJUDICE TO INITIATING PROCEEDINGS UNDER THE RELEVANT PENAL PROVISIONS UNDER THE CYBERSECURITY ACT, 2018, THE PERSONAL DATA PROTECTION ACT, 2012, OR ANY OTHER ALLIED LAWS ENACTED BY THE REPUBLIC OF SINGAPORE OR ANY OTHER STATUTORY, LEGISLATIVE OR REGULATORY AUTHORITY THAT MAY HAVE JURISDICTION OR BE AUTHORIZED TO DO SO IN THIS REGARD FROM TIME TO TIME.

REGULATORY RISKS. THE REGULATORY REGIME GOVERNING BLOCKCHAIN TECHNOLOGIES AND TOKENS INCLUDE A GREAT DEAL OF UNCERTAINTY, AND NEW REGULATIONS OR POLICIES MAY HAVE A NEGATIVE IMPACT ON THE SERVICES. YOU ACCEPT AND ACKNOWLEDGE THAT LYSTO WILL NOT BE RESPONSIBLE FOR ANY RISKS, LOSS OR DAMAGES OF ANY NATURE WHATSOEVER ARISING OUT OF CHANGES TO THE REGULATORY REGIME IN THIS REGARD, WHICH MAY IMPACT THE SERVICES.

IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE ACCESS, USE OR PERFORMANCE OR NON PERFORMANCE OF THIS WEBSITE OR THE SERVICES, OR FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF DATA EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR INABILITY TO USE THIS WEBSITE, THE PROVISION OF OR FAILURE TO PROVIDE THE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THIS WEBSITE OR ANY OTHER SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS CLAUSE SHALL SURVIVE IN PERPETUITY. NOTWITHSTANDING THE ABOVE, IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE FOR ANY DIRECT DAMAGES EXCEEDING THE LOWER OF: (I) TOTAL FEES PAYABLE FOR THE SERVICES, IF ANY; OR (II) US$ 1000.

These Terms of Use shall be governed in all respects by the laws of Singapore without giving effect to any conflicts of law principles that may require the application of the law of a different state or country.

Any action arising from or relating to these Terms of Use must be brought in a competent court of law situated in Singapore. Lysto’s performance as per these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use is in derogation of Lysto’s obligation to comply with governmental, court and law enforcement requests or requirements relating to your use of this Website, Services, features and facilities or information provided to or gathered by Lysto with respect to such use.

You agree to resolve disputes only on an individual basis, pursuant to the provisions of these Terms of Use. You hereby expressly waive any right to bring any action, lawsuit, or proceeding as a class or collective action, or any other proceeding in which You or any User acts or proposes to act in a representative capacity.

These Terms of Use shall apply when you access the Website and avail of the Services, features and facilities and shall extend to the Website content, if any, for so long as it remains on this Website.

By accepting these Terms of Use, you expressly grant your consent to receive notices and communication electronically from Lysto unless expressly intimated to Lysto otherwise. Communications shall be posted on the Website and all such communications will be deemed to be in 'writing' and received by you when posted thereon. You are responsible for printing, storing, and maintaining your own records of such communications. All notices to Lysto should be sent to the designated email address(es) provided for herein.

Nothing in these Terms of Use is intended to or creates any type of joint venture, employee-employer, partnership, or any fiduciary relationship between you or and Lysto. Further, except as expressly provided:

a. neither you nor Lysto shall be deemed to be an agent or representative of the other by virtue of these Terms of Use;

b. neither you nor Lysto is authorized to, or will attempt to, create or assume any obligation or liability, express or implied, in the name of or otherwise on behalf of the other; and

c. without limiting the generality of the foregoing, neither you nor Lysto will enter into any contract, agreement, or other commitment, make any warranty or guarantee, or incur any obligation or liability in the name or otherwise on behalf of the other.

Lysto shall not be liable to any User for failure or delay in the performance of the Services for the time and to the extent such failure or delay is caused by force majeure, or reasons beyond the reasonable control of Lysto.

Force Majeure shall mean and include any act of God, natural disasters (e.g., fire, flood, earthquake, elements of nature), hostilities, acts of terrorism or crime (including cyber-crime), riot, explosion, sabotage, pandemics, acts of government, lock-outs and/or industrial disputes (to the extent that such lock-outs and/or industrial disputes do not arise solely in relation to the affected party’s own personnel), or any other cause beyond the reasonable control of Lysto.

These Terms of Use constitute the entire agreement between Lysto and a User with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings, agreements or communication, written or oral, regarding such subject matter.

You may not assign or transfer any rights, obligations, or privileges that you have under these Terms of Use. Subject to the foregoing, these Terms of Use will be binding on your successors. Any assignment or transfer in violation of this clause will be deemed null and void. However, Lysto shall have the right to assign its rights and obligations under these Terms of Use to any third-party.

If any provision of these Terms of Use is held to be invalid or unenforceable, such provision shall be struck from these Terms of Use and the remaining provisions shall be enforced.

Lysto’s failure to act with respect to a breach by you or others of these Terms of Use does not waive Lysto’s right to act with respect to subsequent or similar breaches. Further, failure on the part of Lysto to exercise or Lysto’s delay in exercising any right hereunder will not be deemed a waiver thereof, nor will any single or partial exercise preclude any further or other exercise of such or any other right.

If you should have any suggestions or questions regarding these Terms of Use, please contact Lysto at info@lysto.io].