TERMS & CONDITIONS

UPDATED July, 2022

 

CShox by Echelon Cipher is a collection of digital watches (NFTs) stored on the Ethereum network. This website is created as an interface bridge allowing users to obtain information and mint the NFT collection. All users are entirely responsible for the security and safety of their own private Ethereum wallets and validating all perms, transactions and contracts generated by this website before approval. Furthermore, as the CShox smart contract operates on the Ethereum network, there are no methods to undo, reverse, or restore any transactions. This website and its connected services are provided “as is” and “as available” without warranty of any kind. By using this website you condone sole responsibility for any and all transactions involving Echelon Cipher’s digital collectibles.

 

OWNERSHIP & RIGHTS

 

i. You Own the NFT you have purchased. Each CShox is an NFT on the Ethereum blockchain. When you purchase an NFT, you own the underlying CShox Design, the Art, completely. Ownership of the NFT is mediated entirely by the Smart Contract and the Ethereum Network: at no point may ECHELON CIPHER recall, seize, freeze, or otherwise modify the ownership of any CShox.

ii. Personal Usage. Subject to your continued compliance with these Terms, Echelon Cipher LTD grants you a worldwide, royalty-free license to use, copy, and display the purchased Art, 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 CShox / NFT, provided that the marketplace cryptographically verifies each CShox owner’s rights to display the Art for their CShox to ensure that only the actual owner can display the Art; or (iii) as part of a third party website or application that permits the inclusion, involvement, or participation of your CShox, provided that the website/application cryptographically verifies each CShox owner’s rights to display the Art for their CShox to ensure that only the actual owner can display the Art, and provided that the Art is no longer visible once the owner of the CShox leaves the website/application.

iii. Commercial Use. Subject to your continued compliance with these Terms, Echelon Cipher LTD grants you an unlimited, worldwide license to use, copy, and display the purchased Art for the purpose of creating derivative works based upon the Art (“Commercial Use”). Examples of such Commercial Use would e.g. be the use of the Art to make and sell merchandise products (T-Shirts, Hoodies etc.) displaying copies of the Art. For the sake of clarity, nothing in this Section will be deemed to restrict you from (i) owning or operating a marketplace that permits the use and sale of CShox generally, provided that the marketplace cryptographically verifies each CShox owner’s rights to display the Art for their CShox NFT to ensure that only the actual owner can display the Art; (ii) owning or operating a third party website or application that permits the inclusion, involvement, or participation of CShox generally, provided that the third party website or application cryptographically verifies each CShox owner’s rights to display the Art for their CShox to ensure that only the actual owner can display the Art, and provided that the Art is no longer visible once the owner of the Purchased CShox leaves the website/application; or (iii) earning revenue from any of the foregoing.

 

Your Obligations

 

You are exclusively liable for your own lead while getting to or utilizing the Echelon Cipher site, and for any outcomes thereof. You consent to utilize the Site just for conducts that are lawful, legitimate and as per these Terms and any appropriate laws or guidelines. Via model, and not as a limit, you may not, and may not permit any outsider to: (I) send, transfer, circulate or spread any unlawful, abusive, badgering, harmful, false, contemptuous, rough, disgusting, or in any case questionable substance; (ii) disperse infections, bugs, viruses, trojans, defiled records, hoax, or some other things of a horrendous or misleading nature; (iii) mimicking another individual ; (iv) transfer, post, communicate or in any case make accessible through the site any substance that encroaches the protected innovation or restrictive freedoms of any party or in any case disregards the lawful privileges of others; (v) participate in, advance, or empower criminal behavior (laundering, without right limitations, illegal tax avoidance); (vi) impede other clients’ utilization of the Site; (vii) utilize the Site for any unapproved business reason; (viii) alter, adjust, decipher, or pick apart any piece of the Site; (ix) eliminate any copyright, brand name or other exclusive privileges sees contained in or on the Site or any piece of it; (x) utilize any innovation to gather data about the Site’s for any unapproved reason; (xi) access or utilize the Site to make an item or administration that is serious with any of our items or administrations. On the off chance that you take part in any of the exercises precluded by this Section, ECHELON CIPHER may, at our sole and outright watchfulness, without notice to you, and without restricting any of our different privileges or cures at law or in value, promptly suspend or end your user account.

 

Payment & Transactions

 

i. Assuming you choose to buy a CShox through the Site, any monetary exchanges that you participate in will be directed exclusively through the Ethereum organization. ECHELON CIPHER will have no knowledge into or command over these installments or exchanges, nor can ECHELON CIPHER turn around any exchanges. ECHELON CIPHER will have no responsibility to you or to any outsider for any cases or harms that might emerge because of any exchanges that you connect with or whatever other exchanges that you direct by means of the Ethereum network.

ii. Ethereum requires the installment of an exchange expense (a “Gas Fee”) for each exchange that happens on the Ethereum network. The Gas Fee finances the organization of PCs that run the decentralized Ethereum network. This implies that you will pay a Gas Fee for every transaction made.

 

DISCLAIMERS

 

i. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR ACCESS TO AND USE OF THE SITE IS AT YOUR SOLE RISK, AND THAT THE SITE IS PROVIDED “With no guarantees” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ECHELON CIPHER MAKE NO EXPRESS WARRANTIES AND HEREBY DISCLAIM ALL IMPLIED WARRANTIES REGARDING THE SITE AND ANY PART OF IT (INCLUDING, WITHOUT LIMITATION, THE SITE, ANY SMART CONTRACT, OR ANY EXTERNAL WEBSITES), INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, CORRECTNESS, ACCURACY, OR RELIABILITY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE, OUR SUBSIDIARIES, AFFILIATES, AND LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (I) YOUR ACCESS TO OR USE OF THE SITE WILL MEET YOUR REQUIREMENTS, (II) YOUR ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (III) USAGE DATA PROVIDED THROUGH THE SITE WILL BE ACCURATE, (III) THE SITE OR ANY CONTENT, SERVICES, OR FEATURES MADE AVAILABLE ON OR THROUGH THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (IV) THAT ANY DATA THAT YOU DISCLOSE WHEN YOU USE THE SITE WILL BE SECURE. A FEW JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

ii. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET, AND AGREE THAT ECHELON CIPHER HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY BREACH OF SECURITY UNLESS IT IS DUE TO OUR WILLFUL MISCONDUCT.

iii. ECHELON CIPHER WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSSES YOU INCUR AS THE RESULT OF YOUR USE OF THE ETHEREUM NETWORK NOR DO ECHELON CIPHER HAVE NO CONTROL OVER AND MAKE NO GUARANTEES REGARDING ANY SMART CONTRACTS.

 

RISK ASSUMPTION

 

You acknowledge and recognize every one of the accompanying:
i. To the degree that you sell your CShox NFT, kindly know that the costs of NFTs are amazingly unstable and volatile in the costs of other NFTs and affect the cost of your CShox both emphatically and adversely. Given the instability, NFTs, for example, CShox ought not be viewed as a speculation. You accept all dangers in that association.

ii. Responsibility for CShox presents responsibility for craftsmanship as it were. As needs be, no data on this Site (or some other archives referenced in that) is or might be viewed as counsel or a challenge to go into an understanding for any venture reason. Further, nothing on this Site qualifies or is planned to be a contribution of protections in any ward nor does it establish a proposition or a challenge to buy offers, protections or other monetary items. Because of the imaginative idea of the undertaking, CShox has not been enlisted with or endorsed by any controller in any locale. It remains your only obligation to guarantee that the acquisition of the CShox and the related workmanship is in consistency with laws and guidelines in your purview.

iii. You expect all dangers related with utilizing an Internet-based money, including, however not restricted to, the danger of equipment, programming and Internet associations, the danger of noxious programming presentation, and the danger that outsiders might get unapproved admittance to data put away inside your wallet.

iv. NFTs, cryptographic forms of money and blockchain innovation are generally new and the administrative scene is disrupted. New guidelines could contrarily affect such innovations affecting the incentive for your CShox. You comprehend and acknowledge all danger in such manner.

v. You accept all accountability for any unfriendly impacts of disturbances or different issues affecting Ethereum or the Ethereum platform.

 

LIMITATION OF LIABILITIES

 

i. YOU ACKNOWLEDGE AND AGREE THAT ECHELON CIPHER HAVE MADE THE SITE AVAILABLE TO YOU AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN. ECHELON CIPHER WOULD NOT BE ABLE TO PROVIDE THE SITE TO YOU WITHOUT THESE LIMITATIONS.

ii. YOU UNDERSTAND AND AGREE THAT ECHELON CIPHER WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES WHICH YOU MAY INCUR, HOWSOEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF PROFITS (WHETHER INCURRED DIRECTLY OR INDIRECTLY), LOSS OF GOODWILL OR BUSINESS REPUTATION, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR ANY OTHER INTANGIBLE LOSS, EVEN IF ECHELON CIPHER HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

ALTERATION TO ECHELON CIPHER’s TERMS AND CONDITIONS

 

ECHELON CIPHER might make changes to the Terms at ECHELON CIPHER’s prudence. Kindly check these Terms intermittently for changes. Any progressions to the Terms will apply on the date that they are made, and your proceeding with admittance to or use later the Terms have been refreshed will establish your limiting acknowledgment of the updates. Assuming that you don’t consent to any changed Terms, you may not access or utilize the Site.

 

REIMBURSEMENTS

 

You consent to hold innocuous and indemnify CShox and its auxiliaries, affiliates, officials, specialists, representatives, promoters, licensors, providers or accomplices from and against any case, responsibility, misfortune, harm (real and significant) of any sort or nature, suit, judgment, prosecution cost, and sensible lawyers’ charges emerging out of or in any capacity connected with (i) your break of these Terms, (ii) your abuse of the Site, or (iii) your infringement of material laws, rules or guidelines regarding your admittance to or utilization of the Site.

 

AGE RESTRICTIONS

 

ECHELON CIPHER’s Site isn’t planned for youngsters. You should be no less than 18 years of age to get to this Site or buy a CShox. Assuming that you are under 18 years of age you are not allowed to be involved in this Site under any condition. By getting to the Site, you address and warrant that you are no less than 18 years old.

Privacy Policy

We have prepared this Privacy Policy to describe to you our practices regarding the Personal Data (as defined below) we collect, use, and share in connection with the CShox/Echelon Cipher website, mobile app, and other software provided on or in connection with our services. “NFT” in this Privacy Policy means a non-fungible token or similar digital item implemented on a blockchain (such as the Ethereum blockchain), which uses smart contracts to link to or otherwise be associated with certain content or data.

    1. Types of Data We Collect. “Personal Data” means data that allows someone to identify you individually, including, for example, your name, email address, as well as any other non-public information about you that is associated with or linked to any of the foregoing. “Anonymous Data” means data, including aggregated and de-identified data, that is not associated with or linked to your Personal Data; Anonymous Data does not, by itself, permit the identification of individual persons. We collect Personal Data and Anonymous Data as described below.
        1. Information You Provide Us.
          1. When you use our Service, update your account profile, or contact us, we may collect Personal Data from you, such as email address, first and last name, user name, and other information you provide. We also collect your blockchain address, which may become associated with Personal Data when you use our Service.
          2. If you provide us with feedback or contact us, we will collect your name and contact information, as well as any other content included in the message.
          3. We may also collect Personal Data at other points in our Service where you voluntarily provide it or where we state that Personal Data is being collected.

        1. Information Collected via Technology. As you navigate through and interact with our Service, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:
          1. Information Collected by Our Servers. To provide our Service and make it more useful to you, we (or a third party service provider) collect information from you, including, but not limited to, your browser type, operating system, Internet Protocol (“IP”) address, mobile device ID, blockchain address, wallet type, and date/time stamps.
          2. Log Files. As is true of most websites and applications, we gather certain information automatically and store it in log files. This information includes IP addresses, browser type, Internet service provider (“ISP”), referring/exit pages, operating system, date/time stamps, and clickstream data. We use this information to analyze trends, administer the Service, track users’ movements around the Service, and better tailor our Services to our users’ needs. For example, some of the information may be collected so that when you visit the Service, it will recognize you and the information can be used to personalize your experience.
          3. Cookies. Like many online services, we use cookies to collect information. We may use both session Cookies (which expire once you close your web browser) and persistent Cookies (which stay on your computer until you delete them) to analyze how users interact with our Service, make improvements to our product quality, and provide users with a more personalized experience.
          4. Pixel Tag. In addition, we use “Pixel Tags” (also referred to as clear Gifs, Web beacons, or Web bugs). Pixel Tags allow us to analyze how users find our Service, make the Service more useful to you, and tailor your experience with us to meet your particular interests and needs.
          5. How We Respond to Do Not Track Signals. Our systems do not currently recognize “do not track” signals or other mechanisms that might enable Users to opt out of tracking on our site.
          6. Analytics Services. In addition to the tracking technologies we place like Cookies and Pixel Tags, other companies may set their own cookies or similar tools when you visit our Service. This includes third-party analytics services (“Analytics Services”) that we engage to help analyze how users use the Service. The information generated by the Cookies or other technologies about your use of our Service (the “Analytics Information”) is transmitted to the Analytics Services. The Analytics Services use Analytics Information to compile reports on user activity, which we may receive on an individual or aggregate basis. We use the information we get from Analytics Services to improve our Service. The Analytics Services may also transfer information to third parties where required to do so by law, or where such third parties process Analytics Information on their behalf. Each Analytics Services’ ability to use and share Analytics Information is restricted by such Analytics Services’ terms of use and privacy policy. By using our Service, you consent to the processing of data about you by Analytics Services in the manner and for the purposes set out above.

        1. Information Collected from Third-Party Companies. We may receive Personal and/or Anonymous Data about you from companies that offer their products and/or services for use in conjunction with our Service or whose products and/or services may be linked from our Service. For example, third-party wallet providers provide us with your blockchain address and certain other information you choose to share with those wallets providers. We may add this to the data we have already collected from or about you through our Service.

      1. Public Information Observed from Blockchains. We collect data from activity that is publicly visible and/or accessible on blockchains. This may include blockchain addresses and information regarding purchases, sales, or transfers of NFTs, which may then be associated with other data you have provided to us.

 

    1. Use of Your Personal Data.
        1. We process your Personal Data to run our business, provide the Service, personalize your experience on the Service, and improve the Service. Specifically, we use your Personal Data to:
          1. facilitate the creation of and secure your account;
          2. identify you as a user in our system;
          3. provide you with our Service, including, but not limited to, helping you view, explore, and create NFTs using our tools and, at your own discretion, connect directly with others to purchase, sell, or transfer NFTs on public blockchains;
          4. improve the administration of our Service and quality of experience when you interact with our Service, including, but not limited to, by analyzing how you and other users find and interact with the Service;
          5. provide customer support and respond to your requests and inquiries;
          6. investigate and address conduct that may violate our Terms of Service;
          7. detect, prevent, and address fraud, violations of our terms or policies, and/or other harmful or unlawful activity;
          8. display your username next to the NFTs currently or previously accessible in your third-party wallet, and next to NFTs on which you have interacted;
          9. send you notifications related to actions on the Service, including notifications of offers on your NFTs;
          10. send you newsletters, promotional materials, and other notices related to our Services or third parties’ goods and services;
          11. act in any other way we may describe when you provide the Personal Data.

      1. We may create Anonymous Data records from Personal Data. We use this Anonymous Data to analyze request and usage patterns so that we may improve our Services and enhance Service navigation. We reserve the right to use Anonymous Data for any purpose and to disclose Anonymous Data to third parties without restriction.

 

    1. Disclosure of Your Personal Data. We disclose your Personal Data as described below and as described elsewhere in this Privacy Policy.
        1. Third Party Service Providers. We may share your Personal Data with third party service providers to: provide technical infrastructure services; conduct quality assurance testing; analyze how our Service is used; prevent, detect, and respond to unauthorized activities; provide technical and customer support; and/or to provide other support to us and to the Service.

        1. Affiliates. We may share some or all of your Personal Data with any subsidiaries, joint ventures, or other companies under our common control (“Affiliates”), in which case we will require our Affiliates to honor this Privacy Policy.

        1. Corporate Restructuring. We may share some or all of your Personal Data in connection with or during negotiation of any merger, financing, acquisition, or dissolution transaction or proceeding involving sale, transfer, divestiture, or disclosure of all or a portion of our business or assets. In the event of an insolvency, bankruptcy, or receivership, Personal Data may also be transferred as a business asset. If another company acquires our company, business, or assets, that company will possess the Personal Data collected by us and will assume the rights and obligations regarding your Personal Data as described in this Privacy Policy.
      1. Other Disclosures. We may also disclose your Personal Data: to fulfill the purpose for which you provide it; for any other purpose disclosed by us when you provide it; or with your consent.

 

    1. Third-Party Websites. Our Service may contain links to third-party websites. When you click on a link to any other website or location, you will leave our Service and go to another site, and another entity may collect Personal Data from you. We have no control over, do not review, and cannot be responsible for these third-party websites or their content. Please be aware that the terms of this Privacy Policy do not apply to these third-party websites or their content, or to any collection of your Personal Data after you click on links to such third-party websites. We encourage you to read the privacy policies of every website you visit. Any links to third-party websites or locations are for your convenience and do not signify our endorsement of such third parties or their products, content, or websites.

 

    1. Third-Party Wallets. To use our Service, you must use a third-party wallet which allows you to engage in transactions on public blockchains. Your interactions with any third-party wallet provider are governed by the applicable terms of service and privacy policy of that third party.

 

    1. Your Choices Regarding Information. You have several choices regarding the use of information on our Services:
        1. Email Communications. We may periodically send you newsletters and/or emails that directly promote the use of our Service or third parties’ goods and services. When you receive newsletters or promotional communications from us, you may indicate a preference to stop receiving these communications from us by following the unsubscribe instructions provided in the email you receive or through the Notifications preferences in your Settings page. Despite these preferences, we may send you occasional transactional service-related informational communications.

      1. If you decide at any time that you no longer wish to accept Cookies from our Service for any of the purposes described above, then you can instruct your browser, by changing its settings, to stop accepting Cookies or to prompt you before accepting a Cookie from the websites you visit. Consult your browser’s technical information. If you do not accept Cookies, however, you may not be able to use all portions of the Service or all functionality of the Service.

 

    1. Data Access and Control. You can view, access, edit, or delete your Personal Data for certain aspects of the Service via your Settings page. You may also have certain additional rights:
        1. If you are a user in the European Economic Area or United Kingdom, you have certain rights under the respective European and UK General Data Protection Regulations (“GDPR”). These include the right to (i) request access and obtain a copy of your personal data; (ii) request rectification or erasure; (iii) object to or restrict the processing of your personal data; and (iv) request portability of your personal data. Additionally, if we have collected and processed your personal data with your consent, you have the right to withdraw your consent at any time.

        1. If you are a California resident, you have certain rights under the California Consumer Privacy Act (“CCPA”). These include the right to (i) request access to, details regarding, and a copy of the personal information we have collected about you and/or shared with third parties; (ii) request deletion of the personal information that we have collected about you; and (iii) the right to opt-out of sale of your personal information. As the terms are defined under the CCPA, we do not “sell” your “personal information.”

      1.  

      1. Notwithstanding the above, we cannot edit or delete any information that is stored on a blockchain, for example the Ethereum blockchain, as we do not have custody or control over any blockchains. The information stored on the blockchain may include purchases, sales, and transfers related to your blockchain address and NFTs held at that address.

 

    1. Data Retention. We may retain your Personal Data as long as you continue to use the Service, have an account with us, or for as long as is necessary to fulfill the purposes outlined in this Privacy Policy. We may continue to retain your Personal Data even after you deactivate your account and/or cease to use the Service if such retention is reasonably necessary to comply with our legal obligations, to resolve disputes, prevent fraud and abuse, enforce our Terms or other agreements, and/or protect our legitimate interests. Where your Personal Data is no longer required for these purposes, we will delete it.

 

    1. Data Protection. We care about the security of your information and use physical, administrative, and technological safeguards to preserve the integrity and security of information collected through our Service. However, no security system is impenetrable and we cannot guarantee the security of our systems. In the event that any information under our custody and control is compromised as a result of a breach of security, we will take steps to investigate and remediate the situation and, in accordance with applicable laws and regulations, notify those individuals whose information may have been compromised.
      1. You are responsible for the security of your digital wallet, and we urge you to take steps to ensure it is and remains secure. If you discover an issue related to your wallet, please contact your wallet provider.

 

    1. Minors. We do not intentionally gather Personal Data from visitors who are under the age of 13. Our Terms of Service require all users to be at least 18 years old. 

 

    1. Changes to This Privacy Policy. This Privacy Policy may be updated from time to time for any reason. We will notify you of any changes to our Privacy Policy by posting the new Privacy Policy at https://cshox.com/terms. The date the Privacy Policy was last revised is identified at the beginning of this Privacy Policy. You are responsible for periodically visiting our Service and this Privacy Policy to check for any changes.