Terms & Conditions
Last Modified: June 28, 2021
The Marketplace allows you to purchase and sell Digital Assets on the Blockchain Platform, either from and to the Company and/or its affiliates, or from and to other Marketplace users. Purchases of Digital Assets may occur via such methods, including “buy now” or auction functions, as shall be made available on the Marketplace from time to time by the Company.
THE MARKETPLACE IS A PLATFORM. WE ARE NOT A BROKER, FINANCIAL INSTITUTION, OR CREDITOR. WE FACILITATE TRANSACTIONS BETWEEN BUYERS AND SELLERS IN THE MARKETPLACE, BUT ARE NOT A PARTY TO ANY AGREEMENT BETWEEN THE BUYER AND SELLER OF DIGITAL ASSETS OR BETWEEN ANY USERS (OTHER THAN WITH RESPECT TO DIGITAL ASSETS SOLD OR PURCHASED DIRECTLY BY US).
YOU BEAR FULL RESPONSIBILITY FOR VERIFYING THE IDENTITY, LEGITIMACY, AND AUTHENTICITY OF DIGITAL ASSETS YOU PURCHASE ON THE MARKETPLACE.
Ownership of Digital Assets
YOUR OWNERSHIP OF DIGITAL ASSETS WILL ONLY BE RECOGNIZED BY US IF YOU HAVE PURCHASED OR OTHERWISE RIGHTFULLY ACQUIRED SUCH DIGITAL ASSETS FROM A LEGITIMATE SOURCE AND NOT THROUGH WRONGFUL SEIZURE OR RECEIPT.
“Content” means any photographs, art, designs, and drawings, sounds, music, text or other content (in any form or media, including, without limitation, video or photographs) that may be associated with a Digital Asset that you Own.
“Own” means, with respect to a Digital Asset, a Digital Asset that you have purchased or otherwise rightfully acquired from a legitimate source (and not through wrongful seizure or receipt), where proof of such purchase is recorded on the Blockchain Platform.
“Purchased Asset” means a Digital Asset that you Own.
“Third Party IP” means any third party patent rights (including, without limitation, patent applications and disclosures), copyrights, trade secrets, trademarks, know-how or any other intellectual property rights recognized in any country or jurisdiction in the world.
- We Own the Marketplace. You acknowledge and agree that we (or, as applicable, our licensors) own all legal right, title and interest in and to all other elements of the Marketplace, and all intellectual property rights therein (including, without limitation, all Content, designs, systems, methods, information, computer code, software, services, “look and feel”, organization, compilation of the content, code, data, and all other elements of the Marketplace (collectively, the “Marketplace Materials”)). You acknowledge that the Marketplace Materials are protected by copyright, trade dress, patent, and trademark laws, international conventions, other relevant intellectual property and proprietary rights, and applicable laws. All Marketplace Materials are the copyrighted property of us or our licensors, and all trademarks, service marks, and trade names associated with the Marketplace or otherwise contained in the Marketplace Materials are proprietary to us or our licensors.
- Third Party IP. If the Content associated with your Purchased Asset contains Third Party IP (e.g., licensed intellectual property from a celebrity or brand), you understand and agree as follows: (a) that you will not have the right to use such Third Party IP in any way except as incorporated in the Content, and subject to the license and restrictions contained herein; (b) that, depending on the nature of the license granted from the owner of the Third Party IP, we may need to (and reserve every right to) pass through additional restrictions on your ability to use the Content; and (c) to the extent that we inform you of such additional restrictions in writing, you will be responsible for complying with all such restrictions from the date that you receive the notice, and that failure to do so will be deemed a breach of the license contained in this Section.
License and Access to Marketplace
When you use our Services or send emails, text messages and other communications from your desktop or mobile device to us, you consent to receive communications from us electronically, such as emails, texts, mobile push notices, or notices and messages on this site, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Accessing the Marketplace and Account Security
To access the Marketplace or some of the resources it offers, you may be asked to provide login information, including username and password (“Login Info”) and may be required to provide a blockchain wallet address (“Wallet”) to access, fund or receive disbursements from your account. It is your sole responsibility to maintain the security of your Login Info and your Wallet. If you lose access to your Wallet, a private key, password, or other method of securing your Wallet, any funds may be irretrievable, and we will be unable to assist you in any way. You hereby irrevocably waive, release and discharge all claims, whether known or unknown to you, against us, our affiliates and their respective shareholders, members, directors, officers, employees, agents and representatives related to your use of any Wallet software, associated loss of funds, transaction failures, or any other defects that arise in the course of your use of your Wallet, including any losses that may obtain as a result of any failure in smart contracts made available on the Marketplace. You hereby accept responsibility for any activity transacted on the Marketplace through your Wallet. Additionally, you hereby irrevocably waive, release and discharge all claims, whether known or unknown to you, against us, our affiliates and their respective shareholders, members, directors, officers, employees, agents and representatives related to any defects that arise in the course of your use of your Login Info and account. By using the Marketplace, you agree to be fully, independently and personally liable for each transaction made on the Marketplace by you or through your account, and you must make sure that you are the only person with access to your Login Info at all times. You hereby accept responsibility for any activity transacted on the Marketplace through your account.
We will use commercially reasonable technical and physical safeguards to make the Marketplace securely available to its users. However, given the inherent risk of transmitting information over the internet, we will not be liable if for any reason all or any part of the Marketplace is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Marketplace, or the entire Marketplace, to users. You are responsible for making all arrangements necessary for you to have access to the Marketplace. The quality (e.g., the resolution) of streaming content, as well as the download speed of downloadable content, may be affected by a variety of factors such as your location, the content being streamed or downloaded and the speed of your Internet connection. The Company makes no representation or warranty regarding access to content available on or through the Marketplace, including the quality of streaming content and the download speed of downloadable content (including the Content underlying any Digital Asset).
Fees; Purchase Prices. Fees for the use of the Marketplace are located on our Websites or will be presented to you at the time you make purchases or sign up for an account. Fees for use of the Marketplace may be changed at any time in our sole discretion. Prices for Digital Assets will be as provided on or via the Marketplace from time to time. Additionally, some services on the Marketplace involve the use of the distributed ledger technology, which may require that you pay a fee, commonly known as “Gas Charges”, for the computational resources required to perform a transaction. You acknowledge and agree that the Company has no control over: (a) any distributed-ledger technology transactions; (b) the method of payment of any Gas Charges; or (c) any actual payments of Gas Charges. Accordingly, you are solely responsible for the payment of any Gas Charges required to complete any transaction on the distributed ledger based Marketplace and you must ensure you have sufficient funds and means available therefor before initiating such transactions. If you do not agree with the fees charged for Marketplace functionality, do not use or access the Marketplace. Failure to pay any fees or charges incurred may result in the immediate termination of your access to the Marketplace, without limitation of any other rights or remedies available at law or in equity.
Use of the Marketplace may carry financial risk. Digital Assets are a novel and relatively experimental technology. Their value, if any, can fluctuate with great volatility, and transactions conducted with Digital Assets are irreversible. Digital Assets and smart contracts are typically described using extremely technical language that is difficult to understand and requires a deep knowledge of cryptography and computer science. Functionality made available on the Marketplace may have inherent design flaws that have not been detected in testing or may not perform as expected in conjunction with third-party technology or high-volume use. You should carefully consider whether you have sufficient understanding of the technology before accessing or using the Marketplace.
By accessing or using the Marketplace, you hereby represent that you have the requisite knowledge and experience to evaluate the risk of the technology you are using and any transactions you undertake, and you accept the risk that the Marketplace might not function as anticipated and that you might lose access to your Digital Assets and/or the Marketplace temporarily or permanently. Without limitation of the foregoing, you also acknowledge and accept the following risks:
- The prices of collectible blockchain assets are extremely volatile and subjective and collectible blockchain assets have no inherent or intrinsic value. Fluctuations in the price of other digital assets could materially and adversely affect the value of your Digital Assets, which may also be subject to significant price volatility. Each Digital Asset has no inherent or intrinsic value. We cannot guarantee that any Digital Assets purchased will retain their original value, as the value of collectibles is inherently subjective and factors occurring outside of the Marketplace may materially impact the value and desirability of any particular Digital Asset.
- It may be extremely difficult to sell or transfer your Digital Asset, other than via the Marketplace, due to the nature of the Digital Asset and its existence on the Blockchain Platform.
- You are solely responsible for determining what, if any, taxes apply to your Digital Asset-related transactions. We are not responsible for determining the taxes that apply to your transactions on the Marketplace.
- The Marketplace does not store, send, or receive Digital Assets. This is because Digital Assets exist only by virtue of the ownership record maintained on the Marketplace’s supporting blockchain in the Blockchain Platform. Any transfer of Digital Assets occurs within the supporting blockchain in the Blockchain Platform, and not on the Marketplace.
- There are risks associated with using an Internet-based currency, including, but not limited to, the risk of hardware, software and Internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to information stored within your electronic Wallet. You accept and acknowledge that we will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the Blockchain Platform, however caused.
- The regulatory regime governing blockchain technologies, cryptocurrencies and tokens is uncertain, and new regulations or policies may materially adversely affect the development of the Marketplace ecosystem, and therefore the potential utility or value of your Digital Assets.
- Upgrades to the Blockchain Platform, a hard fork in the Blockchain Platform, or a change in how transactions are confirmed on the Blockchain Platform may have unintended, adverse effects on all blockchains using the Blockchain Platform, including the Marketplace.
The Marketplace may contain links to social media, message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, FAQs and other interactive features (collectively, “Interactive Services“) that allow users to post, submit, publish, display, advise or transmit to other users or other persons (hereinafter, “post“) content or materials (collectively, “User Contributions“) on or through the Marketplace.
You represent and warrant that:
- You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns;
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Marketplace.
Intellectual Property Rights
- in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
- for the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;
- to attempt to circumvent any Marketplace security or access controls or to interfere with the operation of the Marketplace;
- to impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing);
- to transmit or exchange goods, services, or payments or Digital Assets that are the direct or indirect proceeds of any illegal, criminal or fraudulent behavior;
- in any manner that could disable, overburden, damage, or impair the Marketplace or interfere with any other party’s use of the Marketplace, including their ability to engage in real time activities through the Marketplace;
- in combination with any robot, spider or other automatic device, process or means to access the Marketplace for any purpose, including monitoring or copying any of the material on the Marketplace;
- in combination with any manual process to monitor or copy any material on the Marketplace or for any other unauthorized purpose without our prior written consent;
- in combination with any device, software or routine that interferes with the proper working of the Marketplace;
- to introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful; or
- to otherwise attempt to interfere with the proper working of the Marketplace.
Monitoring, Enforcement and Termination
We have the right to:
- remove or refuse to post any User Contributions for any or no reason in our sole discretion;
- disclose your information to any third-party claiming that your User Contribution violates their rights, such as intellectual property rights or right to privacy;
- take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Marketplace; and/or
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone using or posting any materials on or through the Marketplace. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review all material before it is posted on or through the Marketplace and cannot ensure prompt removal of objectionable material after it has been posted. We assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
These “Content Standards” apply to all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:
- contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable;
- promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person;
- promote any illegal activity, or advocate, promote or assist any unlawful act;
- cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person;
- be likely to deceive any person or impersonate any person or misrepresent your identity or affiliation with any person or organization; or
- involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising, except pursuant to the intended purposes and functionality of the Marketplace (such as the re-sale of Digital Assets).
Reliance on Information Posted
The information presented on or through the Marketplace is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. We attempt to be as accurate as possible in our product descriptions; however, we do not warrant that product descriptions or other content on the Marketplace are accurate, authentic, complete, reliable, current or error-free. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other user of the Marketplace, or by anyone who may be informed of any of its contents.
This Marketplace may include, or link to, content provided by third-parties, including materials provided by other users, third-party licensors, syndicators, or aggregators. All statements and/or opinions expressed in such materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Changes to the Marketplace
We may update the content on the Marketplace from time to time, but its content is not necessarily complete or up-to-date. We reserve the right to withdraw or amend the Marketplace, and any service or functionality, including smart contract functionality, we provide on the Marketplace, in our sole discretion without notice. Any of the material on the Marketplace may be out of date at any given time, and we are under no obligation to update such material. In the event of a change in the operation of the Marketplace, you agree we may temporarily or permanently suspend our operations without liability to you.
Additional Terms and Conditions
Linking to the Marketplace
You may link to our Marketplace, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent. This Marketplace may provide certain features that enable you to: link from your own or certain third-party websites or platforms (“Other Platforms”) to certain content on this Marketplace; or cause limited portions of content on this Marketplace to be displayed or appear to be displayed on Other Platforms. You may use these features solely as they are provided by us and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
- establish a link from any Other Platform that is not owned by you;
Links from the Marketplace
The Marketplace may contain links to other sites and resources provided by third-parties, such as in advertisements and sponsored links. These links are provided for your convenience only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party sites linked to this Marketplace, you do so entirely at your own risk and subject to the terms and conditions of use for such Marketplaces.
Disclaimer of Warranties
WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, HACKS, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE MARKETPLACE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE MARKETPLACE, ANY THIRD-PARTY LINKS ACCESSED THROUGH OR IN CONJUNCTION WITH THE MARKETPLACE, OR ON ANY OTHER PLATFORM LINKED TO IT.
YOUR USE OF THE MARKETPLACE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE MARKETPLACE (INCLUDING DIGITAL ASSETS) IS AT YOUR OWN RISK. THE MARKETPLACE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE MARKETPLACE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
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 DIGITAL ASSETS, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (A) USER ERROR SUCH AS FORGOTTEN PASSWORDS, INCORRECTLY CONSTRUCTED TRANSACTIONS, OR MISTYPED ADDRESSES; (B) SERVER FAILURE OR DATA LOSS; (C) CORRUPTED WALLET FILES; (D) UNAUTHORIZED ACCESS TO APPLICATIONS; OR (E) ANY UNAUTHORIZED THIRD PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION THE USE OF VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK AGAINST THE MARKETPLACE OR DIGITAL ASSETS.
DIGITAL ASSETS ARE INTANGIBLE ASSETS. THEY EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED IN THE BLOCKCHAIN PLATFORM. ANY TRANSFER OF TITLE THAT MIGHT OCCUR IN ANY UNIQUE DIGITAL ASSET OCCURS ON THE DECENTRALIZED LEDGER WITHIN THE BLOCKCHAIN PLATFORM. WE DO NOT GUARANTEE THAT THE COMPANY OR ANY COMPANY PARTY CAN EFFECT THE TRANSFER OF TITLE OR RIGHT IN ANY DIGITAL ASSETS.
THE COMPANY IS NOT RESPONSIBLE FOR SUSTAINED CASUALTIES DUE TO VULNERABILITY OR ANY KIND OF FAILURE, ABNORMAL BEHAVIOR OF SOFTWARE (E.G., WALLET, SMART CONTRACT), BLOCKCHAINS OR ANY OTHER FEATURES OF THE DIGITAL ASSETS. THE COMPANY IS NOT RESPONSIBLE FOR CASUALTIES DUE TO LATE REPORT BY DEVELOPERS OR REPRESENTATIVES (OR NO REPORT AT ALL) OF ANY ISSUES WITH THE BLOCKCHAIN SUPPORTING DIGITAL ASSETS INCLUDING FORKS, TECHNICAL NODE ISSUES OR ANY OTHER ISSUES HAVING FUND LOSSES AS A RESULT.
Limitation on Liability
Before bringing a formal legal case, please first try contacting us using the contact information located under “Your Comments and Concerns” below. If we can’t resolve our dispute amicably, you and the Company agree to resolve any claims through arbitration in accordance with this Section, regardless of the type of claim or legal theory.
Limitation on Time to File Claims
Waiver and Severability
Notice for California Residents.
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Marketplace or Services, please contact us by writing to 2934 1/2 Beverly Glen Circle, #590
Bel Air CA 90077 or sending an email through our “Contact” page. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (800) 952-5210.
Copyright Infringement Claims.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Marketplace or in connection with the Services infringe your copyright, you (or your agent) may send the Company a written notice by mail, email or fax, requesting that the Company remove the material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send the Company a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details.
We suggest that you consult your legal advisor before submitting a notice or counter-notice.
Your Comments and Concerns
All other feedback, comments, requests for technical support and other communications relating to the Marketplace should be directed to us via the Contact page on the Websites.