Terms & Conditions (GutterGrab.com)

    BY UTILISING OUR PLATFORM AND ENGAGING WITH OUR PRODUCTS OR SOCIAL MEDIA CHANNELS, YOU EXPRESSLY RECOGNIZE THAT THIS OPERATES UNDER A NON-GUARANTEED REWARD SYSTEM. THE TOKEN LINKED TO OUR SERVICES HOLDS NO INTRINSIC MONETARY WORTH AND IS FREELY DISTRIBUTED TO ALL USERS UTILIZING OUR PLATFORM. IT IS CRUCIAL TO EMPHASISE THAT THIS DOES NOT CONSTITUTE AN INVESTMENT OPPORTUNITY. NO PRE-SALES HAVE OCCURRED, NOR HAS ANY VALUE BEEN ASSIGNED TO THE TOKEN. IT IS OBTAINABLE SOLELY THROUGH FREE DISTRIBUTION, SUCH AS THROUGH AN AIRDROP. USERS PARTICIPATING IN THIS PROGRAM ACKNOWLEDGE THAT THEY HAVE NO EXPECTATION OF PROFIT OR RETURN. THE SOLE INTENTION BEHIND THE TOKEN IS TO PROVIDE USERS WITH AMUSING, YET VALUELESS REWARDS FOR THEIR CONTENT CREATION EFFORTS ON SOCIAL PLATFORMS. YOU ACKNOWLEDGE THAT BUYING NFTS (NON-FUNGIBLE TOKENS) AND CRYPTOCURRENCY IS EXTREMELY RISKY AND YOU MUST CONSIDER AND ACCEPT ALL RISKS BY PARTICIPATING IN THESE MARKETS.

    Terms and Conditions relating to GutterGrab.com

    Please review these Terms of Use (referred to as the "Terms"), with the last update noted as 12/03/2024, alongside our Privacy Policy, meticulously, as they regulate your interaction with the website found at (https://guttergrab.com)[www.guttergrab.com] and all content and features accessible through the Site (collectively referred to as the "Site"), provided by Gutter Cat Labs (Cayman Islands), ("Gutter"), a Cayman Islands Limited By Shares Company.

    1. Agreement to Terms: By using our Site, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, do not use the Site.
    2. Privacy Policy: Please review our Privacy Policy, which also governs your use of the Site, for information on how we collect, use and share your information.
    3. Modifications: Changes to these Terms or the Site are subject to our discretion and may occur periodically. Should changes be made, we will notify you by posting the updated Terms on the Site. It's imperative that you review the Terms each time they are updated or whenever you access the Site. Your continued use of the Site following the posting of revised Terms signifies your acceptance and agreement to such changes. If you disagree with the alterations and amendments, your recourse is to discontinue your use of the Site. Additionally, we reserve the right to modify or cease any aspect of the Site, at any time and without prior notice, at our sole discretion.
    4. Who May Use the Site?
      You may use the Site only if you are 18 years or older and capable of forming a binding contract with Gutter, and not otherwise barred from using the Site under applicable law.
      INDIVIDUALS WHO ARE CITIZENS OF, HABITUALLY RESIDENT, TAX RESIDENTS, OR BASED IN IRAN, CUBA, THE UNITED KINGDOM, SYRIA, AUSTRALIA, NORTH KOREA, RUSSIA, BELARUS, SUDAN, TURKEY, CHINA, OR IN THE UNITED STATES OF AMERICA ARE STRICTLY PROHIBITED FROM USING THIS SITE OR ITS SERVICES. IF YOU CHOOSE TO USE THIS SITE DESPITE BEING INELIGIBLE, OR IF YOU INTENTIONALLY CIRCUMVENT OUR MEASURES TO PREVENT ACCESS, YOU DO SO AT YOUR OWN RISK AND ASSUME FULL LIABILITY FOR ANY CONSEQUENCES.
    5. Gutter's Intellectual Property: Content accessible via the Site may be protected by intellectual property rights. Gutter, our licensors, or third parties retaining ownership of the intellectual property rights maintain exclusive control over such content.
    6. General Prohibitions and Gutter’s Enforcement Rights
      In using this Site, you are bound by the following restrictions, which we enforce rigorously:
      (a) Unauthorized Use: You shall not use, display, replicate, or frame the Site, any specific elements within it, the Site’s name, any Gutter trademark, logo, or other proprietary information without express written consent from Gutter.
      (b) Access Limitations: You agree not to access, tamper with, or utilise non-public areas of the Site, Gutter’s computer systems, or the technical delivery systems of Gutter’s providers.
      (c) Security Breaches: Any attempt to probe, scan, or test the vulnerability of any Gutter system or network, or breach any security or authentication measures, is strictly prohibited.
      (d) Technological Circumvention: Do not attempt to avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Gutter, its providers, or any third party to protect the Site.
      (e) Unauthorised Access: Using any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, data mining tools, or similar) other than those provided by Gutter or generally available third-party web browsers to access, search, or download content from the Site is prohibited.
      (f) Commercial Use: The Site, or any part thereof, shall not be used for commercial purposes or for the benefit of any third party or in any manner not explicitly permitted by these Terms.
      (g) Reverse Engineering: Attempts to decipher, decompile, disassemble, or reverse engineer any software used to provide the Site are strictly prohibited.
      (h) Interference: Interfering with or attempting to interfere with the access of any user, host, or network, including but not limited to sending viruses, overloading, flooding, spamming, or mail-bombing the Site, is prohibited.
      (i) Impersonation: You shall not impersonate or misrepresent your affiliation with any person or entity.
      (j) Legal Compliance: Violating any applicable law or regulation is strictly prohibited.
      (k) Encouragement: Encouraging or enabling any other individual to engage in any of the aforementioned prohibited activities is strictly prohibited.
      Failure to adhere to these restrictions may result in immediate termination of access to the Site and may incur legal consequences.
    7. Policies and Responsibilities
      At Gutter, while we aren't compelled to constantly monitor access or usage of the Site or engage in content oversight, we retain the prerogative to do so to ensure the Site's smooth operation, enforce compliance with our Terms, and adhere to relevant legal obligations. Although we're not obligated, we reserve the right to promptly remove or disable access to any content, without prior notice, if, at our discretion, we deem it objectionable or violative of our Terms. Additionally, we retain the authority to investigate any breaches of our Terms or actions that impact the Site, and we may collaborate with law enforcement agencies to prosecute users violating the law.
      a) Third-Party Links and Resources: The Site might feature links to third-party websites or resources for your convenience. However, we do not endorse or take responsibility for the content, products, or services provided by these external resources. Your utilization of any third-party resources is at your own risk, and you assume full responsibility for any associated risks.
      b) Termination and Legal Jurisdiction: We reserve the right, at our sole discretion, to suspend or terminate your access to the Site without prior notice. By using the Site, you agree that any disputes arising from or relating to its use will be governed by the laws of Cayman Islands, with exclusive jurisdiction and venue granted to courts in Cayman Islands. Usage of the Site in jurisdictions that do not recognize all provisions of our Terms is unauthorised.
      WHEREAS SERVERS MAY BE LOCATED IN VARIOUS JURISDICTIONS FOR THE OPERATION AND HOSTING OF THIS WEBSITE, IT IS HEREBY STIPULATED THAT THE GOVERNING LAW FOR ALL MATTERS PERTAINING TO THIS WEBSITE SHALL BE THE LAWS OF THE CAYMAN ISLANDS.
      c) Updates to Terms: We reserve the right to modify the Terms under which the product is offered, with the most recent version superseding all prior versions. We encourage periodic review of the Terms to stay informed of any updates.
      d) Disclaimer of Warranties: THE SITE IS PROVIDED "AS IS," WITHOUT ANY WARRANTIES, EXPRESSED OR IMPLIED. WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, AND NON-INFRINGEMENT.
      We do not guarantee that the Site will meet your requirements or be uninterrupted, secure, or error-free. Additionally, we make no assurances regarding the quality, accuracy, timeliness, truthfulness, completeness, or reliability of any information or content on the Site. Reliance on such content is at your own risk.
    8. Indemnity.
      You will indemnify and hold Gutter 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 Site,
      or\ (b) your violation of these Terms. Gutter reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Gutter in asserting any available defences.
    9. Limitation of Liability.
      (a) LIMITATION OF LIABILITY: TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER GUTTER NOR ITS SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE 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 OR FROM THE USE OF OR INABILITY TO USE THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT GUTTER 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.
      (b) TOTAL LIABILITY LIMITATION: TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL GUTTER’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE EXCEED ONE HUNDRED U.S. DOLLARS ($100).
      (c) ESSENTIAL ELEMENTS: THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN GUTTER AND YOU.
    10. Arbitration
      In the event of any unresolved dispute arising from or related to these Terms and Conditions, whether in contract, tort, or any other legal theory, the parties agree to seek resolution through final and binding arbitration. This arbitration process shall be conducted in accordance with the Arbitration Law (2021 Revision) of the Cayman Islands, utilising a single neutral arbitrator selected by mutual agreement of the parties and administered by a reputable arbitration service based in the Cayman Islands, with the location of arbitration also agreed upon mutually.
      The arbitrator's decision shall be conclusive, and judgement may be entered in any court with jurisdiction. Should any legal or equitable action, proceeding, or arbitration arise from or pertain to these Terms and Conditions, the prevailing party shall be entitled to recover reasonable attorney fees and costs. The parties hereby commit to arbitrate all disputes and claims arising directly or indirectly from these Terms and Conditions, including tort claims resulting from them.
      Furthermore, the parties acknowledge that the Arbitration Law (2021 Revision) of the Cayman Islands governs the interpretation and enforcement of this arbitration provision. The Arbitrator shall have sole authority to resolve the entire dispute, including the scope and enforceability of this arbitration provision. This arbitration provision shall remain in effect even after the termination of these Terms and Conditions.
    11. Class Action Waiver
      Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Gutter agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
    12. Governing Law and Forum Choice.
      The Terms and any actions related to them shall be governed, construed, and enforced under the laws of the Cayman Islands, disregarding any choice or conflict of laws rules. By agreeing to these Terms, you irrevocably consent to the exclusive jurisdiction of the courts of the Cayman Islands to resolve any dispute or claim (including non-contractual disputes or claims) arising from or relating to the Terms, their subject matter, or formation.
    13. CRYPTOCURRENCY AND NFTS RISK DISCLOSURE STATEMENT
      Buying cryptocurrencies and Non-Fungible Tokens (NFTs) or participating in activities such as Gutter Grab carries substantial risk and may not be suitable for all individuals. The following risks should be carefully considered before engaging in any transactions involving cryptocurrencies and NFTs:
      a) Volatility: Cryptocurrency and NFT markets are highly volatile and can experience extreme price fluctuations within short periods. Prices can be influenced by various factors, including market demand, regulatory developments, and technological advancements.
      b) Lack of Regulation: Cryptocurrencies and NFTs are not regulated by any central authority or government, which may subject buyers to limited legal protection and recourse in the event of fraud, hacking, or market manipulation.
      c) Security Risks: Digital wallets and exchanges used to store and trade cryptocurrencies and NFTs may be susceptible to security breaches, hacking attacks, and unauthorised access, resulting in the loss of funds or assets.
      d) Market Liquidity: The liquidity of cryptocurrency and NFT markets can vary significantly, leading to potential difficulties in buying or selling assets at desired prices, especially during periods of high market volatility.
      e) Technological Risks: Blockchain technology, which underpins cryptocurrencies and NFTs, is still evolving and may be susceptible to bugs, errors, or vulnerabilities that could compromise the integrity and security of digital assets.
      f) Regulatory Changes: Changes in government regulations or policies regarding cryptocurrencies and NFTs may impact their legality, accessibility, and value, potentially leading to significant losses for buyers.
      g) Counterparty Risks: Transactions involving cryptocurrencies and NFTs often involve counterparties, such as exchanges or trading platforms, which may default on obligations, experience insolvency, or engage in fraudulent activities.
      h) Loss of Private Keys: Access to cryptocurrency and NFT holdings relies on private keys, which, if lost or stolen, may result in irreversible loss of funds or assets, with no recourse for recovery.
      i) Tax Implications: The tax treatment of cryptocurrencies and NFTs varies by jurisdiction and may be subject to change, potentially leading to unexpected tax liabilities for buyers.
      j) Speculative Nature: Buying cryptocurrencies and NFTs is inherently speculative and involves the risk of total loss of investment capital. Individuals should only allocate funds that they can afford to lose entirely.
      Before buying cryptocurrencies and NFTs, individuals should carefully evaluate their risk tolerance, financial situation, and objectives. It is advisable to conduct thorough research, seek professional advice, and exercise caution when participating in these markets.
    14. General Terms.
      (a) Reservation of Rights. Gutter and its licensors exclusively own all right, title and interest in and to the Site, including all associated intellectual property rights. You acknowledge that the Site is protected by copyright, trademark, and other laws of Cayman Islands and other jurisdictions. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site.
      (b) Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement between Gutter and you regarding the Site, and these Terms supersede and replace all prior oral or written understandings or agreements between Gutter and you regarding the Site. If any provision of these Terms is held invalid or unenforceable by a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. Except where provided by applicable law in your jurisdiction, you may not assign or transfer these Terms, by operation of law or otherwise, without Gutter’ prior written consent. Any attempt by you to assign or transfer these Terms absent our consent or your statutory right, without such consent, will be null. Gutter may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and insure to the benefit of the parties, their successors and permitted assigns.
      (c) Notices. Any notices or other communications provided by Gutter under these Terms will be given by posting to the Site.
      (d) Gutter Chips rewarded through Gutter Grab may be fused with other tokens at a future date. Gutter withholds the right to cancel the distribution of rewards for whatever reason.
      (e) Gutter withholds full right to terminate access to Gutter Grab to any participants that are believed to have manipulated the system (including botting engagement on content) for their own gain. The player will have no right to appeal this removal.
      (f) Waiver of Rights. Gutter’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorised representative of Gutter. 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 or otherwise.
      (g) Severability: In the event that any provision of these Terms is found to be invalid, illegal, or unenforceable under applicable law, the validity, legality, and enforceability of the remaining provisions shall not be affected or impaired thereby. The invalid, illegal, or unenforceable provision shall be deemed modified to the extent necessary to make it valid, legal, and enforceable while preserving its intent to the fullest extent permitted by law. If such modification is not possible, the provision shall be severed from these Terms, and the remaining provisions shall continue in full force and effect.
      (h) Formatting Disclaimer: Any formatting, including but not limited to spacing, font styles, or arrangement of these Terms and Conditions, is for convenience only and shall not affect the validity, enforceability, or interpretation of the provisions herein. Whether these Terms are presented in written, electronic, or any other form, they shall have the same legal force and effect

    Contact Information. If you have any questions about these Terms or the Site, please contact Gutter at legal@gutterlaboratory.com