Terms Of Service

Last Updated: April 27, 2023

  1. Introduction

Welcome to Hero2Quest, owned and operated by Quest Network, Inc. (“Quest Network,” “we,” “us”, or “our”). These Terms of Service (“Terms”) govern your access to and use of the Hero2Quest website(s), Quest Network Services, our APIs, mobile applications (“App”), and any live support, software, tools, features, or functionalities provided on or in connection with our services; including without limitation using our services to view, explore, display and create NFTs, and using our tools, at your own discretion, to connect directly with others to mint, purchase, sell, or transfer NFTs on public blockchains (collectively, the “Service”). “NFT” in these Terms means a non-fungible token or similar digital item implemented on a blockchain (such as the Everscale blockchain), which uses smart contracts to link to or otherwise be associated with certain content or data.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION AND AFFECT YOUR LEGAL RIGHTS. AS OUTLINED IN SECTION 16 BELOW, THEY INCLUDE A MANDATORY ARBITRATION AGREEMENT AND CLASS ACTION WAIVER WHICH (WITH LIMITED EXCEPTIONS) REQUIRE ANY DISPUTES BETWEEN US TO BE RESOLVED THROUGH INDIVIDUAL ARBITRATION RATHER THAN BY A JUDGE OR JURY IN COURT.

BY CLICKING TO ACCEPT, SIGN, AND/OR USING OUR SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL OF THE TERMS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICE.

Hero2Quest is not party to any agreement between any users. Hero2Quest is not a wallet provider, exchange, broker, dealer, financial institution, payments processor, money services business, or creditor. Hero2Quest provides a peer-to-peer web3 service that helps users complete Quests (fulfillment of the requirements and conditions of the game) using their NFTs. We do not have custody or control over the NFTs or blockchains you are interacting with and we do not execute or effectuate purchases, transfers, or sales of NFTs.

By continuing to access or use the Service, you confirm your acceptance of the revised Terms and all of the terms incorporated therein by reference effective as of the date these Terms are updated. Hero2Quest reserves the right to change or modify these Terms at any time and in our sole discretion. It is your sole responsibility to review the Terms 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 Service.

  1. Accessing the Service

These Terms solely govern the use of our Quest Network Services. Your Account on Hero2Quest will be associated with your linked blockchain address and display the NFTs for that blockchain address (and, if applicable, any content associated with such NFTs). By using your wallet in connection with the Service, you agree that you are using that wallet under the terms and conditions of the applicable provider of the wallet. Wallets are not operated by, maintained by, or affiliated with Hero2Quest , and Hero2Quest does not have custody or control over the contents of your wallet and has no ability to retrieve or transfer its contents. Hero2Quest accepts no responsibility for, or liability to you, in connection with your use of a wallet and makes no representations or warranties regarding how the Service will operate with any specific wallet. You are solely responsible for keeping your wallet secure and you should never share your wallet credentials or seed phrase with anyone. If you discover an issue related to your wallet, please contact your wallet provider. Likewise, you are solely responsible for your Account and any associated wallet and we are not liable for any acts or omissions by you in connection with your Account or as a result of your Account or wallet being compromised. You agree to immediately notify us if you discover or otherwise suspect any security issues related to the Service or your Account (you can contact us).

You also represent and warrant that you will comply with all applicable laws (e.g., local, state, federal and other laws)in connection with using the Service. In order to comply with our legal obligations and keep our users and platform safe, we may need to restrict, suspend, or terminate your access to the Service. You acknowledge that Hero2Quest is under no obligation to disclose the details of its decision to take such action with you.

Without limiting the foregoing, by using the Service, you represent and warrant that: (a) you are not located in, ordinarily resident in, or organized under the laws of any jurisdiction that is subject to a comprehensive U.S. Government embargo ("Embargoed Jurisdiction"); (b) you are not subject to any sanctions administered by an agency of the U.S. Government, any other government, or the United Nations (collectively, “Sanctions”); (c) you are not owned or controlled, directly or indirectly, by any person that is subject to Sanctions, or that is located in, ordinarily resident in, or organized under the laws of, any Embargoed Jurisdiction; (d) none of your officers, managers, directors, shareholders or authorized representatives is subject to Sanctions, or is located in, ordinarily resident in, or organized under the laws of, any Embargoed Jurisdiction, or is owned or controlled, directly or indirectly, by any person that is subject to Sanctions or that is located in, ordinarily resident in, or organized under the laws of, any Embargoed Jurisdiction; (e) you have not transacted and will not transact with any person or entity falling into any of (a)-(d); (f) you have not transacted and will not transact for the benefit of any person or entity falling into any of (a)-(d). You further covenant that the foregoing shall be true during the entire period of this agreement.

You are solely responsible for ensuring that your access and use of the Service in any country, territory or jurisdiction does not violate any applicable laws.

We require all users to be at least 18 years old. If you are at least 13 years old but under 18 years old, you may only use Hero2Quest through a parent or guardian’s Account and with their approval and oversight. That account holder is responsible for your actions using the Account. It is prohibited to use our Service if you are under 13 years old.

  1. Ownership

The Service, including its “look and feel” (e.g., text, graphics, images, logos, page headers, button icons, urls, and scripts), proprietary content, information and other materials, and all content and other materials contained therein, including, without limitation, the Hero2Quest logo and all designs, text, graphics, pictures, data, software, sound files, other files, and the selection and arrangement thereof are the proprietary property of Hero2Quest or our affiliates, licensors, or users, as applicable, and you agree not to take any action(s) inconsistent with such ownership interests. We and our affiliates, licensors, and users, as applicable, reserve all rights in connection with the Service and its content, including, without limitation, the exclusive right to create derivative works.

Quest Network and Hero2Quest name, logo, trademarks, and any Quest Network and Hero2Quest product or service names, designs, logos, and slogans are the intellectual property of Quest Network and Hero2Quest or our affiliates or licensors and may not be copied, imitated or used, in whole or in part, without our prior written permission in each instance. You may not use any metatags or other “hidden text” utilizing “Hero2Quest”, "Quest Network" or any other name, trademark or product or service name of Hero2Quest or our affiliates or licensors without our prior written permission. In addition, the “look and feel” of the Service constitutes the service mark, trademark or trade dress of Hero2Quest and may not be copied, imitated or used, in whole or in part, without our prior written permission.

All other third-party trademarks, registered trademarks, and product names mentioned on the Service or contained in the content linked to or associated with any NFTs displayed on the Service are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable intellectual property rights holder. Reference to any products, services, processes or other information by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by Hero2Quest.

During the Hero2Quest Game, you may created certain NFT Hero from the available in your gamer collection Assets (avatars and items) and farm to (avatars and items) in Quests accordance with these Terms. Unless otherwise specified in these Terms, you remain the owner of your Assets (avatars and items) and created NFT Hero at all times, and HERO2QUEST does not claim any ownership rights in your Assets (avatars and items) and NFT Hero.

We welcome feedback, comments, and suggestions for improvements to the Service (“Feedback”). You acknowledge and expressly agree that any contribution of Feedback does not and will not give or grant you any right, title, or interest in the Service or in any such Feedback. You agree that Hero2Quest may use and disclose Feedback in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim. You hereby assign to Hero2Quest any and all right, title, and interest (including, but not limited to, any patent, copyright, trade secret, trademark, show-how, know-how, moral rights and any and all other intellectual property right) that you may have in and to any and all Feedback.

  1. License to Access and Use Our Service and Content

If you created an NFT Hero from HERO2QUEST, please be aware that the creator of the Asset (avatars and items) retains the copyright in the NFT Hero, which means that you may not use the NFT Hero for commercial purposes of any kind; provided, however, that you acquire the right to display and resell the NFT Hero.

You agree that each NFT created on the Hero2Quest game (NFT Hero) has a unique identifier for instant recognition and verification of the Hero2Quest brand. This identifier is placed in the NFT metadata. We also place on the image the logo of H2Q or the logo of the creator of Assets from which NFT Hero is created.

You are hereby granted a limited, nonexclusive, nontransferable, nonsublicensable, and personal license to access and use the Service provided, however, that such license is subject to your compliance with these Terms. If any software, content, or other materials owned by, controlled by, or licensed to us are distributed or made available to you as part of your use of the Service, we hereby grant you a non-commercial, personal, non-assignable, non-sublicensable, non-transferrable, and non-exclusive right and license to access and display such software, content, and materials provided to you as part of the Service (and right to download a single copy of the App onto your applicable equipment or device), in each case for the sole purpose of enabling you to use the Service as permitted by these Terms, provided that your license in any content linked to or associated with any NFTs is solely as set forth by the applicable seller or creator of such NFT.

  1. Third-Party Content, Agreements, and Services

Hero2Quest NFTs are created pursuant to licence agreements entered into between Hero2Quest (as licensee) and many of the world’s leading brands and intellectual property rights owners (licensors) across many industries, including but not limited to: NFT Arts and Culture, Games, Films, Animation, Literary works, Music, Celebrities, Sports, and other Officially Licensed.

As a peer-to-peer web3 service, Hero2Quest helps you using NFTs created by third parties and interact with Quest Network. Hero2Quest does not make warranties about this third-party content plased through our Service, including any content associated with Avatars and Items NFTs plased on the Service and created by third parties. We also cannot guarantee that any NFTs visible on Hero2Quest will always remain visible and/or available to be bought, sold, or transferred. Users are solely responsible for any content related to their NFTs.

NFTs are available on public blockchain Everscale. When you request information about any NFTs or collections of NFTs displayed on Hero2Quest or view NFT metadata, you may notice a third-party link to the NFT Terms governing the use of each specific NFT, which you will be required to comply with. Hero2Quest establishes the NFT Terms and is a party to such NFT Terms which are solely between the user, player and/or creator of NFT Heroes and the supplier of NFT items and avatars or other parts from which NFT Heroes are created. The buyer, seller, and/or creator are entirely responsible for communicating, promulgating, agreeing to, and enforcing NFT Terms.

If you make your NFT Assets (avatars and items) available to other users under this Agreement, you acknowledge and agree that such Assets (avatars and items) may be available for game from HERO2QUEST and may be downloaded from a third-party application or website operated by Quest Network. Inc; and that the purchase of such Assets (avatars and items) and Games is subject to these Terms.

By using the Quest Network Service to upload your Assets (avatars and items), you grant Quest Network Inc. worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sublicensable (through multiple levels) transferable rights and licenses to use, reproduce, publicly display, distribute and adapt publicly available Assets (avatars and items) for the purposes of developing, distributing, providing, improving and promoting the Services, our business and your publicly available Assets and NFT assets. You also grant HERO2QUEST the right to use your name and trademarks, if any, in connection with our use of your publicly available Assets (avatars and items) and NFT Hero.

During your use of the Services, you may upload certain Assets (avatars and items) that you pre-create to HERO2QUEST in accordance with these Terms and the Avatar and Item Creation Protocol rules. Unless otherwise stated in these Terms, you retain copyright to your Assets (avatars and items), but you may not revoke, block or otherwise remove your Assets (avatars and items) from the Quest Network(or Hero2Quest game). These Terms apply to all Resources (avatars and items) that you add to the Quest Network (or Hero2Quest game).

You are solely responsible for ensuring that any Assets (avatars and items) you submit to the Services comply with any applicable laws and third party rights, including but not limited to any intellectual property rights, privacy rights and public use rights. You agree that any information included in your Assets (avaras and items) may be used in accordance with our Privacy Policy. HERO2QUEST always has the right, in its sole discretion, to accept or reject any Assets (avatars and items) and/or Quests.

You may not make your assets available (avatars and items) for purchase at HERO2QUEST. Each Asset (avatars and items) is a non-exchangeable token ("NFT") on the blockchain. When you upload an Asset (avatars and items) and make it available in a HERO2QUEST game, you retain ownership of all intellectual property rights associated with such Asset (avatars and items) , but you agree to make a certain number of Assets (avatars and items) available for game as NFT.

Hero2Quest does not have ownership, custody, or control of NFTs or the smart contracts deployed by third parties. Creators of these NFTs or smart contracts are solely responsible for their operation and functionality.

The Service may also contain links or functionality to access or use third-party websites (“Third-Party Websites”) and applications (“Third-Party Applications”), or otherwise display, include, or make available content, data, information, services, applications, or materials from third parties (“Third-Party Materials”). When you click on a link to, or access and use, a Third-Party Website or Third-Party Application, though we may not warn you that you have left our Service, you are subject to the terms and conditions (including privacy policies) of another website or destination. Hero2Quest is not responsible or liable for any Third-Party Websites, Third-Party Applications, and Third-Party Materials.

  1. Intellectual Property Rights

You are solely responsible for your use of the Service and for any information you provide, including compliance with applicable laws, rules, and regulations, as well as these Terms, including the User Conduct requirements outlined above.

By using the Service in conjunction with creating, submitting, posting, promoting, or displaying content, or by complying with Hero2Quest's metadata standards in your metadata API responses, you grant us a worldwide, non-exclusive, sublicensable, royalty-free license to use, copy, modify, and display any content, including but not limited to text, materials, images, files, communications, comments, feedback, suggestions, ideas, concepts, questions, data, or otherwise, that you submit or post on or through the Service for our current and future business purposes, including to provide, promote, and improve the Service. This includes any digital file, art, or other material linked to or associated with any NFTs that are displayed on the Service.

Hero2Quest does not claim that submitting, posting, or displaying this Assets (avatars and items) on or through the Service gives Hero2Quest any ownership of the Assets (avatars and items). We're not saying we own it. We're just saying we might use it for NFT-Hero creation.

You are solely responsible for the content and metadata associated with NFTs and digital items you create. You represent and warrant that such Assets does not contain material (avatars and items) subject to copyright, trademark, publicity rights, or other intellectual property rights.

If you believe that your Assets has been copied in a way that constitutes copyright or trademark infringement, or violates your publicity or other intellectual property rights you may submit written notice to at:

Quest Network, Inc. Attn: 8 The Green STE B Dover, DE 19901 Kent County, Delaware Email: a@questnetwork.io

If you choose to write to us by email or physical mail instead, your notice must include:

  • Your contact information – at a minimum, your full legal name (not pseudonym) and email address;

  • Identification of the copyrighted work(s), trademark, publicity rights, or other intellectual property rights that you claim is being infringed;

  • Identification number Assets (avatars and items) and ID number NFT HERO;

  • A declaration that contains all of the following:

    • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the intellectual property rights owner, its agent, or the law;

    • A statement that the information in the notice is accurate; and

    • A statement under penalty of perjury that you are authorized to act on behalf of the intellectual property owner of the intellectual property that is allegedly being infringed.

  • Your physical or electronic signature (of your full legal name).

  1. Commission fees

User acknowledges that Hero2Quest and Hero2Quest Partners will receive fees, commissions and royalties from the creation, sale and resale of every Hero2Quest NFT on the Hero2Quest Game, including sales in the external Marketplace.

For its Service, Hero2Quest may receive certain fees. Hero2Quest does set, collect, or determine other applicable costs, fees, and expenses associated with creation of an NFT Hero, including, but not limited to any creator earnings, gas, or transaction fees. These costs, fees, and expenses are paid directly to the seller, creator, payment processor, blockchain validator, or other third party, as applicable. As these costs, fees, and expenses are not retained by Hero2Quest and passed to other third parties, it cannot refund them.

he User is solely responsible for determining whether and how much tax applies to any transaction they may have to pay via using or transacting on the Hero2Quest Game.

Hero2Quest has no responsibility to inform the user of any tax obligations arising from a transaction on the Hero2Quest Game.

8. Consent to receive notifications

By creating an Account, you consent to receive electronic communications from Hero2Quest (e.g., via email, push notification, text messages, or other types of messages). These communications may include notices about your Account (e.g., transactional information) and are part of your relationship with us. We may also send you promotional communications via email we think will be of interest to you. You understand that you are not required to provide this consent as a condition of using the Service and you may opt out of these communications through the Service or through your mobile device’s operating system (with the possible exception of important service announcements and administrative messages) by following the unsubscribe instructions provided or through your Account settings.

  1. User Conduct

You agree that you will not:

  • Use or attempt to use another user’s Account without authorization from such user;

  • Use the Service to engage in price manipulation or manipulative activity;

  • Infringe or violate the intellectual property rights or any other rights of others;

  • Sell or resell the Service or attempt to circumvent any Hero2Quest fee systems;

  • Use our Service for commercial purposes inconsistent with these Terms or any other instructions;

  • Use the Service with the proceeds of unlawful activity or with a wallet used to engage in unlawful activity;

  • Use the Service in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Service.

  • Create, display, purchase, or sell illegal content, such as content that may involve child sexual exploitation;

  • Create or display NFTs or other items that promote suicide or self-harm, incite hate or violence against others, or dox another individual;

  • Use the Service 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 Service;

  • Use the Service – including through disseminating any software or interacting with any API – that could damage, disable, overburden, or impair the functioning of the Service in any manner;

  • 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 Service;

  • Use the Service, directly or indirectly, for or in connection with money laundering, terrorist financing, or other illicit financial activity, or in any way in connection with the violation of any law or regulation that applies to you or to Hero2Quest;

  • Bypass or ignore instructions that control access to the Service, including attempting to circumvent any rate limiting systems, directing traffic through multiple IP addresses, or otherwise obfuscating the source of traffic you send to Hero2Quest;

  • Reverse engineer, duplicate, decompile, disassemble, or decode any aspect of the Service, 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 Service;

  1. Assumption of Risk

You accept and acknowledge:

  • Blockchain transactions are irreversible and Hero2Quest has no ability to reverse any transactions on the blockchain.

  • We do not control the public blockchains that you are interacting with and we do not control certain smart contracts and protocols that may be integral to your ability to complete transactions on these public blockchains.

  • You understand that you are responsible for any fees related to use of the Service, including for actions you take on the blockchain, regardless of whether a successful transaction occurs, and that such fees are final and irreversible.

  • The regulatory regime governing blockchain technologies, non-fungible tokens, cryptocurrency, and other crypto-based items is uncertain, and new regulations or policies may materially adversely affect the development of the Service and the utility of NFTs.

  • You are solely responsible for determining what, if any, taxes apply to your transactions and to withhold, collect, report, and remit the correct amounts of taxes to the appropriate tax authorities. Hero2Quest is not responsible for determining, withholding, collecting, reporting, or remitting any taxes that apply to your NFTs or the sale/purchase of your NFTs.

  • There are risks associated with purchasing items associated with content created by third parties through peer-to-peer transactions, including but not limited to, the risk of purchasing counterfeit items, mislabeled items, items that are vulnerable to metadata decay, items on smart contracts with bugs, and items that may become untransferable. You represent and warrant that you have done sufficient research before making any decisions to sell, obtain, transfer, or otherwise interact with any NFTs or accounts/collections.

  • There are risks associated with using Internet and blockchain based products, including, but not limited to, the risk associated with hardware, software, and Internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to your third-party wallet or Account. You accept and acknowledge that Hero2Quest will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the Service or any Blockchain network, however caused.

  • Hero2Quest reserves the right to hide collections, contracts, and items affected by any of these issues or by other issues. Items you purchase may become inaccessible on Hero2Quest. Under no circumstances shall the inability to view items on Hero2Quest or an inability to use the Service in conjunction with the purchase, sale, or transfer of items available on any blockchains serve as grounds for a claim against Hero2Quest.

  • If you have a dispute with one or more users, YOU RELEASE US FROM CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. IN ENTERING INTO THIS RELEASE YOU EXPRESSLY WAIVE ANY PROTECTIONS (WHETHER STATUTORY OR OTHERWISE) THAT WOULD OTHERWISE LIMIT THE COVERAGE OF THIS RELEASE TO INCLUDE THOSE CLAIMS WHICH YOU MAY KNOW OR SUSPECT TO EXIST IN YOUR FAVOR AT THE TIME OF AGREEING TO THIS RELEASE.

  1. Disclaimers

This user interface, hosted on a website (“hero2quest.io”), is an open source external software portal for the Quest Network, a decentralized and community-driven platform for generating nft heroes and their stories, powered by the everscale blockchain. This interface and the Hero2quest Game are provided by Quest Network inc, however, all transactions carried out under the protocol are performed by the corresponding smart contracts without permission. Because the interface is open source, and the hero2quest protocol and associated smart contracts are available to any user, organization, or third party, there are a number of third-party web and mobile user interfaces that allow you to interact with the Hero2quest game.

THIS INTERFACE AND THE HERO2QUEST GAME ARE PROVIDED "AS IS" AT YOUR RISK AND WITHOUT WARRANTY OF ANY KIND. Quest Network inc. does not provide, own or control the hero2quest protocol or any transactions conducted over the protocol or via related smart contracts.

By using or accessing this Hero2quest Interface or Game and related smart contracts, you agree that no developer or entity involved in the creation, deployment or maintenance of this hero2quest Interface or Game shall be liable for any claims or damages relating to your use of, inability to use, or your interactions with other users of this Interface or the Hero2quest Game, including any direct, indirect, incidental, special, punitive or consequential damages or loss of profits, digital assets, tokens, or any other value.

By using or accessing this Interface, Hero2quest games, or related smart contracts, you represent that you are not located in, incorporated or established in, or a citizen or resident of USA, Canada or any Prohibited Jurisdiction.

WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS AND TAKE NO RESPONSIBILITY FOR, AND WILL NOT BE LIABLE TO YOU FOR, ANY USE OF OR LOSS OF USE OF NFTS, CONTENT, AND/OR CONTENT LINKED TO OR ASSOCIATED WITH NFTS, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES, OR CLAIMS ARISING FROM: (A) USER ERROR, INCORRECTLY CONSTRUCTED TRANSACTIONS, OR MISTYPED ADDRESSES; (B) SERVER FAILURE OR DATA LOSS; (C) UNAUTHORIZED ACCESS OR USE; (D) ANY UNAUTHORIZED THIRD-PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION THE USE OF VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK AGAINST THE SERVICE OR NFTS.

By using or accessing this Interface, games Hero2quest, or related smart contracts, you represent that you are not located in, incorporated or established in, or a citizen or resident of the Prohibited Jurisdictions. You also represent that you are not subject to sanctions or otherwise designated on any list of prohibited or restricted parties or excluded or denied persons, including but not limited to the lists maintained by the United States' Department of Treasury's Office of Foreign Assets Control, the United Nations Security Council, the European Union or its Member States, or any other government authority.

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