Terms of use

This platform (accessible at degenheim.com) (the “Platform”) is owned and operated by HIGHRISE STUDIOS LLC. ("HighriseStudios" or “We” or “Us” or “Our” in any grammatical forms). Degenheim is a blockchain game that is available via web browsers and mobile operating on the Ethereum network. This Platform is an interface allowing users (“you”, “user”, “users”) to mint and purchase non-fungible tokens on the Ethereum network (“NFT(s)”). Users are entirely responsible for the safety and management of their own Ethereum wallets and signing all transactions and contracts generated by this Platform prior to approval. Furthermore, as the Degenheim smart contract runs on the Ethereum network, there is no ability to undo, reverse, or restore any transactions.

By accessing the Platform, you agree to be bound by this Terms of Use, our Privacy Policy (the “Privacy Policy”) (accessible at degenheim.com/privacy) and any other agreements referenced herein collectively, the “Terms”. If you do not agree with our Terms, then you must exit the Platform immediately without interacting with our smart contracts.

I. Personal Use. Subject to your continued compliance with these Terms, ownership of a Degenheim NFT grants you a worldwide, non-exclusive, royalty-free license to use, copy, and display the profile picture and derivatives of the profile (the “PFP”) that is linked to your Degenheim NFT, along with any extensions that you choose to create or use, solely for the following purposes: (i) for your own personal, non-commercial use; (ii) as part of a marketplace that permits the purchase and sale of your Degenheim NFT, provided that the marketplace cryptographically verifies each Degenheim NFT owner’s rights to display the PFP for their respective Degenheim NFT to ensure that only the actual owner can display the PFP; or (iii) as part of a third party website or application that permits the inclusion, involvement, or participation of your Degenheim NFT, provided that the website/application cryptographically verifies each Degenheim NFT owner’s rights to display the PFP for their Degenheim NFT to ensure that only the actual owner can display the PFP, and provided that the PFP is no longer visible once the owner of the Degenheim NFT leaves the website/application

II. Commercial Use. Subject to your continued compliance with these Terms, Degenheim grants you an unlimited, worldwide, non-exclusive license to use, copy, and display the PFP associated with your Degenheim PFP for the purpose of creating merchandise and media based upon the PFP (“Commercial Use”). Examples of such Commercial Use would e.g. be the use of the PFP to produce and sell merchandise products (T-Shirts etc.) displaying the PFP. You will be entitled to retain any revenue that you generate through Commercial Use. You can sell its likeness, make derivatives of it or you can give others permission to use it. We’ve given you licensing rights to your specific Degenheim NFTs, but not our logo, names (Degenheim), site images, or other marketing material. If it isn’t your Degenheim NFT, it isn’t your Intellectual Property. Logos, names, and images related to Degenheim have either trademarked pending status or are the intellectual property of the artist(s).

That said, just because our logo may appear somewhere on your Degenheim NFT, that does not give you the right to use that logo other than on the Degenheim NFT itself or on a derivative of that Degenheim NFT. You can’t take the logo and use it to brand an item for sale or use it for marketing of a product. We don’t mind personal use or fan art usage of our logos, just so long as you don’t try and sell them. Regarding the term “Degenheim”, we allow usage of the term Degenheim only when used in conjunction with your specific Degenheim NFT.

III. Degenheim Retained Usage Rights. Degenheim reserves the right to use any PFP and Degenheim intellectual property within the Degenheim NFT collection for any reason without any obligations to you. All rights not expressly granted above are reserved by Degenheim.

IV. NFT Utility. Degenheim NFTs are not for investment purposes and are utility passes that provide in-game benefits. Degenheim NFTs may vary in rarity and may be purchased or sold on NFT marketplaces but Degenheim does not make any representations or warranties with regards to the value or speculative value of Degenheim NFTs.

THE PLATFORM AND ITS CONNECTED SERVICES (THE “SERVICES”), ANY CONTENT CONTAINED THEREIN, AND ANY NFTS (INCLUDING ASSOCIATED PFP) LISTED THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES, REPRESENTATIONS, OR GUARANTEES OF ANY KIND, EITHER EXPRESS OR IMPLIED. DEGENHEIM AND ITS SUPPLIERS MAKE NO WARRANTY THAT THE SERVICES OR NFTS: (I) WILL MEET YOUR REQUIREMENTS; (II) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (III) WILL BE ACCURATE, RELIABLE, COMPLETE, OR SAFE. DEGENHEIM DISCLAIMS ALL OTHER WARRANTIES REPORTS, OR GUARANTEES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, TITLE OR NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AS TO THE SERVICES, ANY CONTENT CONTAINED THEREIN AND ANY NFTS LISTED THEREIN.

You will indemnify, defend (at Degenheim’s option) and hold Degenheim and its officers, directors, employees and agents, harmless from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (a) your access to or use of the Services, or (b) your violation of these Terms. You may not settle or otherwise compromise any claim subject to this Indemnity Section without Degenheim’s prior written approval.

I. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER DEGENHEIM NOR ITS SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS & CONDITIONS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR NFTS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT DEGENHEIM OR ITS SERVICE PROVIDERS HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

II. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE AGGREGATE TOTAL LIABILITY OF DEGENHEIM AND ITS AGENTS, REPRESENTATIVES, AND AFFILIATES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE PLATFORM, SERVICES OR NFTS EXCEED THE AMOUNTS YOU HAVE PAID OR ARE PAYABLE BY YOU TO DEGENHEIM FOR USE OF THE SERVICES OR ONE HUNDRED U.S. DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO DEGENHEIM,, AS APPLICABLE.

III. THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN DEGENHEIM AND YOU.

We reserve the right to modify these Terms at any time at our sole discretion. If we do so, we’ll let you know by either posting the modified Terms on our website or through other methods of communication which we deem reasonable. If you continue to use Degenheim following any modification of the Terms you shall be deemed to have accepted the modified Terms. If you do not agree to the Terms or any modifications to the Terms, you may not access or use our Services. Our Services are evolving over time, we may change or discontinue all or any part of the Services, at any time and without prior notice, at our sole discretion.

To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Degenheim, our affiliates, and our respective shareholders, members, directors, officers, employees, attorneys, agents, representatives, suppliers and contractors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including, but not limited to, attorney’s fees) arising from: (a) your use of and access to the Services; (b) any feedback or submissions you provide to us concerning Degenheim; (c) violation of any Third Party Content (d) your violation of the Terms; or (e) your violation of any law, rule, or regulation, or the rights of any third party.

These Terms will be governed by the law of England, without regard to the rules of the conflict of laws. However, the law governing the provisions of this Agreement on arbitration is Austrian law.

Any dispute, claim, difference or controversy arising out of, relating to or having any connection with this Agreement, including any dispute as to its existence, validity, interpretation, performance, breach or termination or the consequences of its nullity and any dispute relating to any non-contractual obligations arising out of or in connection with it, shall be referred to and finally resolved by arbitration.

The arbitration shall be conducted in accordance with the Rules of Arbitration of the Vienna International Arbitral Centre (the “VIAC”). Capitalized terms used in this Section which are not otherwise defined in this Agreement have the meaning given to them in the Rules.

The arbitral tribunal shall consist of one arbitrator, who shall be appointed in accordance with the Rules. The seat or legal place of arbitration shall be Vienna, Austria. The language used in the arbitral proceedings shall be English.

If you are a user accessing or using our Services from a region with laws or regulations governing personal data collection, use, and disclosure that differ from Canadian laws, please be advised that we do not collect or process your personal data, except as provided for in our Privacy Policy (accessible degenheim.com/privacy).

Our failure to exercise or delay in exercising any right, power, or privilege under these Terms shall not operate as a waiver; nor shall any single or partial exercise of any right, power, or privilege preclude any other or further exercise thereof. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of us. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms otherwise.

If it turns out that any part of these Terms are invalid, void, or for any reason unenforceable, that term will be deemed severable and limited or eliminated to the minimum extent necessary. The limitation or elimination of the term will not affect any other terms.

The Degenheim team can be contacted at team@degenheim.com or at their discord (accessible at discord.gg/degenheim)