Transaction in process
Terms of Service
Last Updated: 29-March-2022
THIS AGREEMENT GOVERNS YOUR USE OF THE SITE AND YOUR ACCESS TO IT.
You can sell and buy Crypto Assets (as described in Section 1) via auction or curated NFT gallery on this website ("Auction"). This page, Auction Rules, contains all the rules for the auction process in detail. Only Meta Mask (https://metamask.io/) users can participate in the Auction. Meta Mask is an electronic wallet that lets you buy, store, and trade BNB and other cryptocurrency. We will ask you to download the Meta Mask extension and connect and unlock your digital wallets with Meta Mask before you put up your Unique Digital Asset for Auction or make an offer to purchase a Unique Digital Asset from another user. Your order for the sale or purchase of a Unique Digital Asset is sent to Meta Mask once you submit it. When you place an order to sell or buy a Unique Digital Asset, your order is sent to Meta Mask, who manages the transaction on your behalf.
OUR AUCTION SERVICE IS CURRENTLY NOT AVAILABLE UNTIL FURTHER NOTICE.
We are not a broker, creditor, or financial institution. the services are exclusively an administrative platform. Our company facilitates transactions in the auction between the buyer and seller, but it is not a part of any agreement between the buyer and seller of crypto assets or any users.
We occasionally need to describe additional words for certain services due to our growing number of services. If you use the relevant services, the supplementary terms and conditions that are accessible with them form part of your agreement with us.
you agree to be bound by this agreement and all the terms incorporated herein by reference by clicking on the "i accept" button, completing the account registration process, using our services, and/or purchasing crypto assets by clicking on the "i accept" button. you may not access or use the site or purchase crypto assets if you do not agree to this agreement.
NFT Metaverse Art Corp. has the right, in its sole discretion, to update or modify this Agreement at any time. If we amend this Agreement, we will notify you by sending an email, posting notice on the Site, or changing the "Last Updated" date at the top of this Agreement. You affirm your acceptance of the amended Agreement and all terms incorporated therein by reference by continuing to access or use the Site. We recommend that you review the Agreement on a regular basis to ensure that you are familiar with the terms and conditions that apply when you access or use the Site. You may not access or use the Site if you do not agree to the amended Agreement.
Crypto kitties and Cryptons are examples of "Crypto Assets," which are non-fungible tokens built on the BNB and other cryptocurrency blockchain utilizing smart contracts.
You, the user, who uses or accesses the Site and/or sells or purchases Crypto Assets on the Site, is referred to as "you."
2. Account Registration and Communication Preferences
A.If you want to participate in a Crypto Assets Auction, you must first create an account on the Site ("Account"). By creating an Account, you agree to (a) provide accurate, current, and complete Account information about yourself, (b) maintain and promptly update your Account information as necessary, (c) keep your password secure and accept all risks of unauthorized access to your Account and the information you provide to us, and (d) immediately notify us if you discover or otherwise suspect any security breaches related to the Site or your Account. Multiple accounts from the same user will be blocked by NFT Metaverse Art Corp. In addition, you agree not to:
- Create a new account if one of yours has been disabled unless you first obtain our express authorization.
- you may not buy, sell, rent, or lease access to your Account or username without first obtaining our explicit authorization.
- don't tell anyone your account password.
- use unauthorized third-party programmed or clients to log in or attempt to log in to the Site.
B.NFT Metaverse Art Corp. may seek further information and documents at the request of any competent authority or in the event of the application of any applicable law or regulation, including regulations connected to anti-laundering (legalization) of criminally obtained funds or counter-terrorism funding. NFT Metaverse Art Corp. may also request more information or documents if it has reasonable grounds to suspect that:
- Your account is being used to launder money or engage in any other unlawful activity.
- You have withheld or reported incorrect identification and other information; or
- Transactions made through your Account were made in violation of this Agreement.
C. NFT Metaverse Art Corp. may postpone or cancel your Auction transactions in such situations, at its sole discretion, until such latest information and documents are examined by NFT Metaverse Art Corp. and accepted as satisfying the requirements of applicable legislation. NFT Metaverse Art Corp. may refuse to supply you with the Content (defined in 4.1 below) if you do not provide complete and correct information and documentation in response to such a request. You consent to receive electronic communications from NFT Metaverse Art Corp. by creating an Account (e.g., via email or by posting notices to the Site). These communications are part of your relationship with us and may contain notices regarding your Account (e.g., password changes and other transactional information). You agree that any notices, agreements, disclosures, or other communications sent to you electronically will satisfy any legal communication requirements, including but not limited to the requirement that such communications be in writing. You should print a paper copy or save an electronic copy of any electronic communications you receive from us. We may also send you promotional email communications, such as newsletters, exclusive offers, surveys, and other news and information that we believe will be of interest to you. You can unsubscribe from promotional emails at any time by following the unsubscribe instructions included in each one.
D. In circumstances where the Site includes a mobile component, you must provide all equipment and software necessary to connect to the Site and services, including but not limited to a mobile device that is suitable for connecting to and using the Site and services. You are solely liable for any fees incurred while using the Site or services, including Internet connection or mobile rates.
E. Regardless of anything herein to the contrary, you understand and agree that you will have no ownership or other property interest in your Account, and that all rights in and to your Account will be owned by NFT Metaverse Art Corp. and will inure to its benefit forever.
F.As previously noted, your participation in the Auction is also subject to the Auction Rules, which can be found on this page.
G. We encourage and welcome your feedback, comments, and suggestions for improving the Site ("Feedback"). You can send us feedback by contacting us at [email protected] or by any other means. Any feedback you provide will be treated as non-confidential and non-proprietary. You grant us a non-exclusive, global, royalty-free, irrevocable, sub-licensable, permanent license to use and publish such ideas and materials for any purpose, without compensation to you, by sending Feedback to us.
a. Unless otherwise stated in writing by us, the NFT Metaverse Art Corp. logo and all designs, text, graphics, pictures, information, data, software, sound files, other files, and the selection and arrangement thereof (collectively, "Content"), the Site, and any Crypto Assets are the exclusive property of NFT Metaverse Art Corp., our affiliates, licensors, or users, as applicable.
b. Despite anything in this Agreement to the contrary, the Site and Content may contain software components provided by NFT Metaverse Art Corp. or its affiliates or a third party that are subject to separate license agreements, in which case those license terms will govern those software components.
c. NFT Metaverse Art Corp.'s logo, as well as any NFT Metaverse Art Corp. product or service names, logos, or slogans that may appear on the Site or Service, are trademarks of NFT Metaverse Art Corp. or our affiliates and may not be duplicated, imitated, or used, in whole or in part, without our explicit consent. You will not exploit the Site or Content by copying, adapting, modifying, distributing, licensing, selling, transferring, publicly displaying, publicly performing, transmitting, broadcasting, or otherwise exploiting it. You may not use "NFT Metaverse Art Corp." or any other name in any metatags or other "hidden text. “NFT Metaverse Art Corp. or our affiliates' trademarks, products, or service names may not be used without our prior written authorization. Furthermore, the Site's and Content's look and feel, including, but not limited to, all page headers, custom graphics, button icons, and scripts, are NFT Metaverse Art Corp.'s service mark, trademark, or trade dress, and may not be copied, imitated, or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names, and NFT Metaverse Art Corp. names or logos mentioned on the Site are the property of their respective owners and may not be copied, imitated, or used in whole or in part without the express written permission of the trademark holder. By name, brand, or manufacturer, any items, services, processes, or other information are referred to.
d. Except for the licenses and rights expressly granted in these Terms, no licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by NFT Metaverse Art Corp. or its licensors.
4. License to Access and Use Our Site and Content; License to Crypto Assets
a. To access and use the Site and Content, you are granted a limited, nonexclusive, nontransferable, revocable, and no sublicensable license. However, such license is subject to this Agreement and does not include the rights to: (a) sell, resell, or use the Site or Contents for commercial purposes; (b) distribute, publicly perform, or publicly display any Content; (c) modify or otherwise make any derivative uses of the Site or Content, or any portion thereof; (d) use any data mining, robots, or similar data gathering or extraction methods; or (e) download (other than page caching) any portion of the Site or Content, except as
b. NFT Metaverse Art Corp. claims no ownership over your User Materials or Crypto Assets. You are and will retain the proprietor of your User Materials and Crypto Assets when you contribute content to the Site, including any Crypto Assets. When you create, upload, send, receive, post, publish, or store your User Materials, such as text, photos, audio, visual works, video, or other materials and information ("User Materials"), on, though, or in the Site, you represent that (a) you are the sole and exclusive owner of all User Materials that you make available; (b) you are the sole and exclusive owner of all User Materials that you make available; and (c) you are the sole and exclusive owner of all User Materials that you make on or through the Site; and (b) you have all rights, licenses, consents, and releases necessary to grant NFT Metaverse Art Corp. the rights in and to such User Materials as contemplated by these Terms, including, without limitation, a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and derive revenue from such User Materials (c) Neither the User Materials, nor your posting, uploading, publication, submission, or transmission of the User Materials, nor NFT Metaverse Art Corp.'s use of the User Materials (or any portion thereof), will infringe, misappropriate, or violate a third party's patent, copyright, trademark, trade secret, moral rights, or other proprietary or intellectual property rights, or rights of publicity or privacy, or violate any applicable law or regulation.
d. This Crypto Asset is a one-of-a-kind digital work. Your purchase of a Crypto Asset does not provide you the right to publicly display, perform, distribute, sell, or otherwise reproduce the Crypto Asset for any commercial purpose unless the Seller of the Crypto Asset expressly states otherwise in writing. You also accept that no copyright interest in the Crypto Asset is granted to you. Any commercial use of the Crypto Assets could result in copyright infringement claims against you. If you sell a Crypto Asset through the Site, you will receive a commission. You agree that you will have no rights against NFT Metaverse Art Corp. if a purchaser violates Section 5d. You undertake to hold NFT Metaverse Art Corp. bs and the seller of such Crypto Assets blameless from and against all violations or breaches of this Section 5d if you purchase a Crypto Asset on the Site.
f. You understand and agree that We have the right to terminate or suspend your access to all or part of the Site for any or no reason, including without limitation, any violation of these Terms.
g. NFT Metaverse Art Corp. shall have the right, but not the obligation, to monitor the content of the offerings, to determine compliance with these Terms and any operating rules established by NFT Metaverse Art Corp. and to satisfy any law, regulation, or authorized government request. NFT Metaverse Art Corp. shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted through the Offerings. Without limiting the foregoing, NFT Metaverse Art Corp. shall have the right to remove any material that NFT Metaverse Art Corp., in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
h. However, we cannot undertake to review all User Materials before it is posted on the Site and cannot ensure prompt removal of objectionable User Material after it has been posted. Accordingly, we assume no liability for any action regarding transmissions, communications, or content provided by any user or third party.
5. Third-Party Content Policy
a. Policy on Third-Party Content We do not tolerate any User Materials submitted to the Site that infringes intellectual property rights, violates Canadian law, constitutes child pornography, or is obscene or defamatory, in our sole judgement. We plan to remove, disable, or restrict access to User Materials that we find infringing, racist, obscene, obscene as to children, child pornography, lewd, lascivious, filthy, overly violent, harassing, or otherwise objectionable at our sole discretion. The provisions of this section are intended to conduct our policy, but they do not impose a contractual duty on us to follow any course of action.
b. Complaints about third-party content. If you feel someone has submitted User Materials that are in violation of this policy (except than copyright infringement, which is addressed separately below), please contact us immediately by email at [email address]. If you want to ensure that your complaint is received by the person in charge of investigating suspected policy infractions, you must use this address.
To allow us to respond effectively, please provide us with as much detail as possible, including: (1) the nature of the right infringed or violated (including the registration numbers of any registered trademarks or patents allegedly infringed); (2) all facts which lead you to believe that a right has been violated or infringed; (3) the precise location where the offending User Materials can be found; (4) any grounds to believe that the person who posted the User Materials was not authorized to do so or did not have a valid defense (including the defense of fair use); and (5) if known, the identity of the person or persons who posted the infringing or offending User Materials.
By lodging a complaint, you agree that the substance of your complaint shall be deemed to constitute a representation made under penalty of lying under oath under the laws of CANADA. In addition, you agree, at your own expense, to defend and indemnify us and hold us harmless against all claims which may be asserted against us, and all losses incurred, because of your complaint and/or our response to it.
We expect visitors to take responsibility for their own actions and cannot assume liability for any acts of third parties which take place on the NFT Metaverse Art Corp. site. By taking advantage of the Good Samaritan procedures set forth in this Section, you waive all claims or remedies that you might otherwise be able to assert against us under any theory of law (including, without limitation, intellectual property laws) that arise out of or relate in any way to the User Materials at the site or our response, or failure to respond, to a complaint.
You agree that we have the right (but not the obligation) to investigate any complaint received. By reserving this right, we do not undertake any responsibility in fact to investigate complaints or to remove, disable or restrict access to or the availability of User Materials. We support free speech on the Internet and therefore will not act on complaints that we believe, in our subjective judgment, to be deficient. If you believe that User Materials remain on the site that violate your rights, your sole remedy shall be against the person(s) responsible for posting or storing it, not against us.
c. Compliance with the Digital Millennium Copyright Act ("DMCA"). All allegations alleging copyright infringement for material that you believe to be residing on the site, system, or network should be delivered in the form of a written notice to our designated agent, as per Title II of the DMCA:
NFT Metaverse Art Corp.
(the “DMCA Agent”). You may not send other notices or communications to the DMCA Agent, who is appointed solely for the purpose of receiving notices of claims alleging copyright infringement under the DMCA.
d. A DMCA Notice is a legal notice that you can use to stop someone from using your work. The DMCA specifies the conditions for effective notification of alleged infringement (see 17 U.S.C. 512(c)(3)). A valid notification must be in the form of a written message that contains all of the criteria listed below:
a physical or electronic signature of the copyright owner or of a person authorized to act on behalf of the copyright owner.
a clear identification of the copyrighted work that is claimed to be infringing.
Identification of the material claimed to be infringing or to be the subject of infringing activity and information sufficient to permit the service provider to locate the material.
Information reasonably sufficient to permit the service provider to contact the complaining party (address, phone number and, if available, email address);
A statement that the complaining party has a good faith belief that use of the material in the manner complained is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the exclusive right allegedly being infringed.
It is our policy that, upon receiving of a valid DMCA notice, we will remove or disable access to allegedly infringing material. There are substantial penalties for false claims (see 17 U.S.C. § 512(f) - providing sanctions for material misrepresentations of copyright infringement).
e. Filing a DMCA Counter-Notification is an important step in the legal process. You may send a counter-notification to our DMCA Agent if a notice of claimed copyright infringement has been issued against you in error under the DMCA. The DMCA (see 17 U.S.C. 512(g)(3)) specifies the specific requirements for a legitimate counter-notification. A proper counter-notification must be in writing and contain all the following elements:
: "I swear, UNDER PENALTY OF PERJURY, that I have a good-faith belief that the material was removed or disabled due to a mistake or misidentification of the material to be removed or disabled"; and
A statement that you consent to the authority of the federal district court for the judicial district in which your address is located, or if your address is outside of CANADA, for any judicial district in which the service provider may be found, and that you will accept service of process from the complainant.
Upon receipt of a valid counter-notification, we will forward it to the original complainant who submitted the DMCA notice alleging copyright infringement. The original complainant will then have ten days to notify us that it has filed a lawsuit relating to the allegedly infringing material otherwise we will restore the removed material or cease disabling access to it.
f. Policy for Repeat Infringers. In appropriate circumstances, we will terminate the account of any repeat copyright offender in accordance with Section 512 of the DMCA.
You are granted a limited, nonexclusive, revocable, nontransferable, no sublicensable right to create a text hyperlink to the Site for noncommercial purposes, provided that such link does not portray NFT Metaverse Art Corp., our affiliates, or any of our products or services in a false, misleading, derogatory, or otherwise defamatory manner, and further provided that the linking site does not contain any adult or illegal material, or any material that is offensive, harassing, or other material that to link to the Site or Content without our express written permission. Further, you may not use, frame, or utilize framing techniques to enclose any NFT Metaverse Art Corp. trademark, logo or other proprietary information, including the images found on the Site, the content of any text or the layout or design of any page, or form contained on a page, on the Site without our express written consent.
7.Third Party Services
The Site may contain links to third-party websites ("Third-Party Websites") and applications ("Third-Party Applications"). When you click on a link to a Third-Party Website or Third-Party Application, we will not warn you that you have left our Site and are subject to the Agreement and conditions (including privacy policies) of another website or destination. Such Third-Party Websites and Third-Party Applications and are not under the control of NFT Metaverse Art Corp. NFT Metaverse Art Corp. is not responsible for any Third-Party Websites or Third-Party Applications. NFT Metaverse Art Corp. provides these Third-Party Websites and Third-Party Applications only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites or Third-Party Applications, or their products or services. You use all links in Third-Party Websites, and Third-Party Applications at your own risk. When you leave our Site, our Agreement and policies no longer govern. You should review applicable agreement and policies, including privacy and data gathering practices, of any Third-Party Websites or Third-Party Applications, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
You agree that you will not violate any law, contract, intellectual property or other third party right, and that you are solely responsible for your conduct, while accessing or using the Site or participating in the Auction. You agree that you will abide by this Agreement and will not:
i.Use the Crypto Assets in any way that is contrary to your grant of rights in the Crypto Asset.
ii. Provide false or misleading information to NFT Metaverse Art Corp..
iii. Use or attempt to use another user’s Account without authorization from such user and NFT Metaverse Art Corp.
iv. Use the Site in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Site, or that could damage, disable, overburden, or impair the functioning of the Site in any manner.
v. Reverse engineer any aspect of the Site or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any Service, area, or code of the Site..
vi. Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of the Site that you are not authorized to access.
vii. Use any robot, spider, crawler, scraper, script, browser extension, offline reader or other automated means or interface not authorized by us to access the Site, extract data, or otherwise interfere with or modify the rendering of Site pages or functionality.
viii. Use data collected from our Site to contact individuals, companies, or other persons or entities.
ix. Use data collected from our Site for any direct marketing activity (including without limitation, email marketing, SMS marketing, telemarketing, and direct marketing);
x. Bypass or ignore instructions that control all automated access to the Site; or
xi. Use the Site for any illegal or unauthorized purpose, or engage in, encourage, or promote any activity that violates this Agreement.
xii. Manipulate the price of any item (e.g., Crypto Asset) in an Auction or interfere with any other user's Auction, listing, or profile.
xiii. Engage in any coercive, deceptive, and/or manipulative behavior concerning an Auction, including using coercive, deceptive, and/or manipulative bidding tactics.
xiv. Post false, inaccurate, misleading, deceptive, defamatory, or libelous content.
xv. Distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes.
xvi. Distribute viruses or any other technologies that may harm NFT Metaverse Art Corp. or the interests or property of users.
xvii. Post any hateful content.
xviii. Use the BNB and other cryptocurrency Platform to conduct any illegal activities, including but not limited to money laundering, terrorist financing or deliberately engaging in activities designed to adversely affect the performance of the BNB and other cryptocurrency Platform, or the Site.
To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless NFT Metaverse Art Corp., and our respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively, the "NFT Metaverse Art Corp. Parties"), from and against all actual or alleged third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys’ fees and expenses) and costs (including, without limitation, court costs, costs of settlement and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, "Claims"), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of the Site, Content or Crypto Assets, (b) any Feedback you provide, (c) your violation of this Agreement, and (d) your violation of the rights of a third party, including another user or Meta Mask. You agree to promptly notify NFT Metaverse Art Corp. of any third-party Claims and cooperate with the NFT Metaverse Art Corp. Parties in defending such Claims. You further agree that the NFT Metaverse Art Corp. Parties shall have control of the defense or settlement of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and NFT Metaverse Art Corp.
Except as expressly provided to the contrary in a writing by NFT Metaverse Art Corp., the site, content contained therein, and crypto assets listed therin are provided on an "as is" and "as available" basis without warranties or conditions of any kind, either express or implied. NFT Metaverse Art Corp. (and its suppliers) make no warranty that the site: a) will meet your requirements; (b) will be available on an uninterrupted, timely, secure, or error-free basis; or (c) will be accurate, reliable, complete, legal, or safe. NFT Metaverse Art Corp. refuses all other warranties or conditions, express or implied, including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement as to the site, content contained therein. NFT Metaverse Art Corp. does not represent or warrant that content on the site is accurate, complete, reliable, current or error-free. we will not be liable for any loss of any kind from any action taken or taken in reliance on material or information, contained on the site. while NFT Metaverse Art Corp. attempts to make your access to and use of the site and content safe, NFT Metaverse Art Corp. cannot and does not represent or warrant that the site, content, any crypto assets listed on our site, or our servers are free of viruses or other harmful components. we cannot guarantee the security of any data that you disclose online. you accept the inherent security risks of providing information and dealing online over the internet and will not hold us responsible for any breach of security unless it is due to our gross negligence.
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 crypto assets of 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; (e) any unauthorized third party activities, including without limitation the use of viruses, phishing, brute forcing or other means of attack against the site or crypto assets.
crypto assets are intangible digital assets. they exist only by virtue of the ownership record maintained in the BNB and other cryptocurrency network. any transfer of title that might occur in any unique digital asset occurs on the decentralized ledger within the BNB and other cryptocurrency platform. we do not guarantee that NFT Metaverse Art Corp. or any NFT Metaverse Art Corp. party can affect the transfer of title or right in any crypto assets.
NFT Metaverse Art Corp. 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 Crypto Assets. NFT Metaverse Art Corp. 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 Crypto Assets including forks, technical node issues or any other issues having fund losses as a result.
Nothing in this Agreement shall exclude or limit liability of either party for fraud, death or bodily injury caused by negligence, violation of laws, or any other activity that cannot be limited or excluded by legitimate means.
Some jurisdictions do not allow the exclusion of implied warranties in contracts with consumers, so the above exclusion may not apply to you.
11. Assumption of Risk
You accept and acknowledge:
i. The prices of blockchain assets are extremely volatile. Fluctuations in the price of other digital assets could materially and adversely affect the Crypto Assets, which may also be subject to significant price volatility. We cannot guarantee that any purchasers of Crypto Assets will not lose money.
ii. You are solely responsible for determining what, if any, taxes apply to your Crypto Assets transactions. Neither NFT Metaverse Art Corp. nor any other NFT Metaverse Art Corp. Party is responsible for determining the taxes that apply to Crypto Assets transactions.
iii. Our Site does not store, send, or receive Crypto Assets. This is because Crypto Assets exist only by virtue of the ownership record maintained on its supporting blockchain. Any transfer of Crypto Assets occurs within the supporting blockchain and not on this Site.
iv. 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 wallet. You accept and acknowledge that NFT Metaverse Art Corp. will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the Crypto Assets, however caused.
v. A lack of use or public interest in the creation and development of distributed ecosystems could negatively impact the development of the Bread Ecosystem and therefore the potential utility or value of Crypto Assets.
vi. The regulatory regime governing blockchain technologies, cryptocurrencies, and tokens is uncertain, and new regulations or policies may materially adversely affect the development of the Auction and/or Site and the utility of Crypto Assets.
vii. The Site will rely on third-party platforms such as Meta Mask to perform the transactions for the Auction of Crypto Assets. If we are unable to maintain a good relationship with such platform providers; if the terms and conditions or pricing of such platform providers change; if we violate or cannot comply with the terms and conditions of such platforms; or if any of such platforms loses market share or falls out of favor or is unavailable for a prolonged period, access to and use of the Site will suffer.
12. Limitation of Liability; Release
To the fullest extent permitted by law, in no event will NFT Metaverse Art Corp. be liable to you or any third party for any lost profit or any indirect, consequential, exemplary, incidental, special or punitive damages arising from this agreement, the site, products or third party sites and products, or for any damages related to loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, or loss of data, and whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable and even if NFT Metaverse Art Corp. has been advised of the possibility of such damages. access to, and use of, the sites, products or third-party sites and products are at your own discretion and risk, and you will be solely responsible for any damage to your computer system or mobile device or loss of data resulting therefrom.
Notwithstanding anything to the contrary contained herein, in no event shall the maximum aggregate liability of nft metaverse art corp. arising out of or in any way related to this agreement, the access to and use of the site, content, crypto assets, or any products or services purchased on the site exceed the greater of (A) $100 or
(B) The amount received by NFT Metaverse Art Corp. from the sale of crypto assets that are the subject of the claim.
The foregoing limitations of liability shall not apply to liability of NFT Metaverse Art Corp. for (a) death or personal injury caused by a member of NFT Metaverse Art Corp.’s negligence; or for (b) any injury caused by a member of NFT Metaverse Art Corp.’s fraud or fraudulent misrepresentation.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. Some jurisdictions also limit disclaimers or limitations of liability for personal injury from consumer products, so this limitation may not apply to personal injury claims.
13. Modifications to the Site
We reserve the right in our sole discretion to modify, suspend or We reserve the right in our sole discretion to modify, suspend or discontinue, temporarily or permanently, the Sites (or any features or parts thereof) or suspend or discontinue the Auction at any time and without liability therefor.
14. Governing Law and Venue
This Agreement, your access to and use of the Site and Content, and your participation in the Auction shall be governed by and construed and enforced in accordance with the laws of British Columbia without regard to conflict of law rules or principles of CANADA, or any other jurisdiction) that would cause the application of the laws of any other jurisdiction.
Notwithstanding anything contained in this Agreement, we reserve the right, without notice and in our sole discretion, to terminate your right to access or use the Site at any time and for any or no reason, and you acknowledge and agree that we shall have no liability or obligation to you in such event and that you will not be entitled to a refund of any amounts that you have already paid to us, to the fullest extent permitted by applicable law.
If any term, clause, or provision of this Agreement is held invalid or unenforceable, then that term, clause or provision will be severable from this Agreement and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of this Agreement.
The following sections will survive the expiration or termination of this Agreement and the termination of your Account: all defined terms and Sections 2, 4, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, and 20.
This Agreement along with the Auction Rules constitutes the entire agreement between you and NFT Metaverse Art Corp. relating to your access to and use of the Sites and Content, and your participation in the Auction. This Agreement, and any rights and licenses granted hereunder, may not be transferred, or assigned by you without the prior written consent of NFT Metaverse Art Corp. prior, concurrent or subsequent circumstance, and NFT Metaverse Art Corp.’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. Except as otherwise provided herein, this Agreement is intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.