LAST UPDATE: October 2024.

Upon a user’s request, TSBMV Global Limited, a company incorporated in the Cayman Islands (“TSBMV”), provides platform services enabling users to place SAND in one or more smart contracts (the “Staking Services”). SAND placed in a smart contract will be managed by the user, who may withdraw it at any time. TSBMV does not hold any private key on behalf of any user, nor does it provide any custody services on behalf of the user.  More information regarding the Staking Services is available here. Before you use or participate in any of the Staking Services, you must agree to these Staking Terms of Use (the “Terms”).   If you do not agree to these Terms, you may not access or use the Staking Services.

ELIGIBILITY AND PROHIBITIONS OF USE

The Staking Services are offered and available to users who are 18 years of age or older. By accepting these Terms, you hereby represent and warrant that (a) you are of legal age and have the legal capacity to agree to the Terms and form a binding contract with TSBMV; (b) you are at least the age of consent to processing of your personal data in your country of residence; (c) you are not located in a country embargoed by the United States and that you are not on the U.S. Treasury Department's list of Specially Designated Nationals; and (d) you will comply with all applicable laws and regulations in connection with your use of the Staking Services (including but not limited to applicable Federal Trade Commission rules and COPPA), and in accordance with the terms and conditions specified herein. If you do not meet all of these requirements, you must not access or use the Staking Services.

The Staking Services are not available in certain countries or regions, including but not limited to the United States of America, Canada or the United Kingdom. By using the Staking Services, you represent that you are not a citizen or legal resident of the U.S., Canada or the United Kingdom. TSBMV may further restrict access to and/or the availability of the Staking Services for users in any jurisdiction where such services may be prohibited.

BY ACCESSING AND USING OUR SERVICES, YOU REPRESENT AND WARRANT THAT YOU HAVE NOT BEEN INCLUDED IN ANY TRADE EMBARGOES OR ECONOMIC SANCTIONS LIST, INCLUDING BUT NOT LIMITED TO THE SPECIALLY DESIGNATED NATIONALS AND BLOCKED PERSONS LIST MAINTAINED BY THE OFFICE OF FOREIGN ASSETS CONTROL (“OFAC”) OF THE U.S. DEPARTMENT OF THE TREASURY, THE EUROPEAN UNION CONSOLIDATED FINANCIAL SANCTIONS LIST, OR THE CONSOLIDATED LIST OF FINANCIAL SANCTIONS PUBLISHED BY THE UNITED KINGDOM’S TREASURY’S OFFICE OF FINANCIAL SANCTIONS. 

TSBMV RESERVES THE RIGHT TO CHOOSE MARKETS AND JURISDICTIONS TO CONDUCT BUSINESS, AND MAY RESTRICT OR REFUSE, IN ITS DISCRETION, THE PROVISION OF SERVICES IN CERTAIN COUNTRIES OR REGIONS.

RISK OF LOSS

TSBMV does not provide legal, tax, financial or investment advice. You should consult a qualified professional before making any decision.  Participation in the Staking Services involves the risk of loss, including impermanent loss. Cryptography and blockchain-based systems are evolving technologies with unique risks and this could result in the hack, theft or loss of any or all of your assets as part of the Staking Services.  

TSBMV does not control the market or value of SAND or any other digital assets. Your staked assets may lose all value while you are participating in the Staking Services. You should not participate in the Staking Services unless you are willing and able to bear a complete loss of value of your staked SAND or other digital assets.

BLOCKCHAIN INDUSTRY RISKS

By using the Staking Services, you acknowledge and understand that blockchain systems represent unique risks which could lead to the theft or loss of your digital assets, and hereby represent that you understand the risks associated with cryptographic systems; and warrant that you have an understanding of cryptographic tokens, smart contracts, and blockchain-based software systems. You also hereby represent that you understand that Staking Services could be impacted by one or more regulatory evolutions, inquiries or actions, which could limit the ability of the Staking Services to develop, limiting your ability to access or use the Staking Services. 

NOT INVESTMENT ADVICE

TSBMV and its affiliates do not provide legal, tax, financial, or investment advice. Since each of your situations is unique, a qualified professional should be consulted before making financial decisions. The Staking Services do not constitute an investment nor investment advice or a solicitation to buy, hold, invest in, own, or use any digital assets available as part of The Sandbox. The Staking Services do not constitute a security offering. You acknowledge that you understand the risks involved in using the Staking Services, including, without limitation, any risks outlined here.

LIMITATIONS

TSBMV makes no representations as to the accuracy, thoroughness, or quality of the Staking Services nor the information presented to you through the Staking Services, which is provided only on an “AS-IS“ and “AS AVAILABLE“ basis at your sole risk.  As a user, you hereby acknowledge and understand that TSBMV and its affiliates shall not be responsible or liable for any errors, omissions, inaccuracies in the content, technical failures, software or data corruption, user errors, damages, claims, security issues, losses arising from the use of the Staking Services, nor any use of the SAND or any other token as part of the Staking Services, including the actions, inactions or events related to third parties.  

Some of the information is relevant only in certain parts of the world, and may not be relevant to or compliant with laws, regulations or other legal requirements of other countries or regions. It is your responsibility to determine whether, how and to what extent your intended use of the Staking Services will be technically and legally possible in the areas of the world where you intend to use them. You are advised to verify any information before using it for any personal, financial or business purpose. 

INDEMNIFICATION

You agree to indemnify and hold each of TSBMV and its parent, subsidiaries and affiliates, and each of their respective directors, officers and employees harmless from and against any claims, causes of action, demands, loss or damage by reason of your use of the Staking Services, including but not limited to any breach of any representation, warranty or covenant hereunder. The warranties, representations and indemnifications contained herein shall survive any termination or expiration of these Terms or your relationship with TSBMV.

DISCLAIMERS; LIMITATION OF LIABILITY

SOME COUNTRIES, STATES, PROVINCES, AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF LIABILITY AS STATED IN THIS SECTION, SO THE BELOW TERMS MAY NOT FULLY APPLY TO YOU. INSTEAD, IN SUCH JURISDICTIONS, THE EXCLUSIONS AND LIMITATIONS BELOW SHALL APPLY ONLY TO THE EXTENT PERMITTED BY THE LAWS OF SUCH JURISDICTION.

THE STAKING SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE STAKING SERVICES ARE PROVIDED BY TSBMV ON AN “AS IS” AND “AS AVAILABLE” BASIS. TSBMV MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE STAKING SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE STAKING SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE STAKING SERVICES IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY LAW, TSBMV DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TSBMV DOES NOT WARRANT THAT THE STAKING SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE STAKING SERVICES, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

TO THE FULL EXTENT PERMISSIBLE BY LAW, TSBMV WILL NOT BE LIABLE FOR ANY LOSS OF PROFITS OR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS THESE TERMS OR USE OF THE STAKING SERVICES. FURTHER, TO THE FULL EXTENT PERMISSIBLE BY LAW, TSBMV’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS WILL NOT EXCEED US $100.00. THESE LIMITATIONS AND EXCLUSIONS REGARDING DAMAGES APPLY EVEN IF ANY REMEDY FAILS TO PROVIDE ADEQUATE COMPENSATION.

OTHER WEBSITES AND SERVICES

The Services may contain links and features that enable you to access other third-party websites or services (“Third-Party Services”) that are not owned or controlled by TSBMV. Such Third-Party Services are governed by their own terms of use. TSBMV does not control Third-Party Services, and it is not responsible for the contents of any linked site. A link does not imply endorsement of, sponsorship of, or affiliation with the Third-Party Services by TSBMV. Please exercise caution before proceeding to any Third-Party Services or entering into any transaction with third parties linked to from the Services. TSBMB may in no circumstances be held liable for the technical availability of Third-Party Services, the content, advertising, products and/or services available on Third-Party Services, or any transactions that take place between a user and Third-Party Services whom the user has been directed via the Services. TSBMV may in no circumstances be a party to any disputes whatsoever between you and third parties concerning Third-Party Services.

GOVERNING LAW AND FORUM

The rights and obligations of the parties hereunder and the interpretation of these Terms will be governed by and construed in accordance with, the laws of the Cayman Islands, without giving effect to its principles of conflicts of law. If either party brings against the other party any proceeding arising out of these Terms, that party may bring proceedings only in the courts of the Cayman Islands and no other courts, and each party hereby submits to the exclusive jurisdiction of those courts for purposes of any such proceeding.

AMENDMENT

TSBMV may amend these Terms and the Staking Services at any time without advance notice, and TSBMV shall have no obligation to notify you of any changes to the Terms or the Staking Services. You are responsible for regularly reviewing these Terms and the Staking Services offered by TSBMV.