Terms And Conditions
1. IntroductionThank you for visiting Our platform and for using EntertainM Ecosystem (the ‘’Ecosystem’’). These Terms and Conditions (the "Terms"), set out the general terms and conditions applicable to the services which We may provide to you (“You“) and constitute a legal agreement between You, as the user of the platform accessible at the URL address https://entertainm.io (the ‘’Platform’’) and the website accessible at the URL address https://entertainm.io (the "Website") and Us. These Terms are applicable to You, in your capacity as a user of the Website, respectively the Platform and also as a beneficiary of all services, tools, features and information made available on the Website, Platform respectively on the Ecosystem ( the "Services"). For ease of reference, when we are using the term ‘’Website’’ or ‘’Platform’’, this term will also include the Ecosystem. These Terms set out the general terms applicable to: (a) Your access to and use of the Ecosystem including 4Clubs ( the ‘’Metaverse’’), mAvatar, mEvents, mWorld, Virtual Venue, mJobs, Platform, mWatch, $mCLUB (the ‘’Tokens’’), mStaking, mFashion, mMarketplace (the ‘’Marketplace’’), 4Clubs NFT Cards Collection (the ‘’NFTs’’), as well as the Website, respectively the Platform, and any related media channel or media form to them; and (b) the services ( the ’’Services’’) which We may provide to You, and constitute a legal agreement (the "Agreement") between Us and You, as the user of the Website, Platform and the Ecosystem.
2. Acceptance of the TermsPlease read these Terms carefully before using the Ecosystem, to ensure that You understand each provision. These Terms and any documents we refer to, form the agreement between You and Us. We refer to all these documents as the "Agreement". You expressly agree to these Terms and You acknowledge that We will consider Your access to and use of the Ecosystem, including our Services, as acceptance of these Terms and consequently of the Agreement. You are responsible for checking the Website periodically in order to review the current version of the Terms and to familiarize yourself with any changes to them. These Terms apply to any person accessing the Website and entire Ecosystem and, by using the Website and any feature of the Ecosystem, You agree to be bound by them. The Privacy Notice shall be applicable to Your use of Ecosystem. In case You don’t want to be bound by the Terms, You should not access the Website, the Platform and the Ecosystem.
3. Amendments to the TermsWe reserve the right, on Our sole discretion, to make changes to these Terms and to indicate, on the Website the fact that changes/modifications/variations have occurred, this representing sufficient notice on this matter. Such changes shall be binding on users of the Website, respectively Ecosystem and shall take effect immediately upon posting. You hereby agree to observe any changes, variations or modifications to our Terms and Your continued use of or access to the Website, respectively the Ecosystem, shall constitute acceptance of any such changes, variations or modifications. A copy of the most up-to-date version of these Terms is available on the Website. It is Your responsibility to check the Terms periodically for changes. If You do not agree to the changes, You must stop the use of the Website, Ecosystem and related Services. If there is a conflict between two versions of the Terms that You have been deemed to have agreed to, the latest version shall prevail, unless expressly provided otherwise.
4. DefinitionsEntertainM under [http://www.entertainm.io ] operates as a Platform (or Platform Operator) for the sale or giving away of NFTs (Non Fungible Tokens). NFT means a non-fungible token (NFT) registered on a Blockchain network. In these Terms, NFT refers only to NFTs sold by Platform Operator on the Primary Market through the NFT Platform, unless otherwise stated herein. ETH or Ethereum means the cryptocurrency commonly designated by this name, which is stored in and tradeable on Ethereum blockchain and any successor thereof. Digital Wallet means a solution for receiving, storing, transferring, exchanging or spending crypto-currencies and/or NFTs or any other crypto-assets ( including tokens). Primary Market refers to the first transaction of the NFT through sale from Platform Operator to a User through the NFT Platform. Secondary Market refers to all subsequent transactions or transfers of an NFT, including through sale or gifting, between Users or a User and any third party following the initial Primary Market transaction. Third Party Marketplace means a service provided by a third party to transfer, trade, sell or purchase NFTs on the Secondary Market. User(s) means any person(s) who accesses the platform who is pursuant to the laws of the jurisdiction where such person resides.
5. Access to the Ecosystem and the ServicesThe access to the Ecosystem and the Services is provided on an "as is" and "as available" basis without any representation or warranty, whether express, implied or statutory. We do not promise or guarantee that: a) the Ecosystem or any content on it, will always be available or uninterrupted (from time to time, access may be interrupted, suspended or restricted, as indicated below in this document or due to the fact that We are carrying out planned maintenance); b) the Ecosystem is free of viruses or errors, their content is accurate, that they will be uninterrupted, or that defects will be corrected; c) the Services will be always available; d) access to our Ecosystem, any part of the Services, our Terms and other information provided by Us on the Website or any part of our Services will be continuous, uninterrupted, timely, or error-free or omissions-free. The Ecosystem and its related content are provided "as is" and "as available" without any representations or warranties of any kind, either express or implied. We make no representations or warranties about the accuracy, completeness, security, reliability, or availability of the Ecosystem or its content. We shall not be liable for any damages of any kind arising from the use of the Ecosystem including but not limited to direct, indirect, incidental, punitive, and consequential damages, or for damage/loss caused by theft, robbery, burglary, cyberattacks or other criminal taking if a computer, computer system, computer software program, malicious code, computer virus or process or any other electronic system is used to perform such acts, or for any loss of any kind, from action taken in reliance on material or information, contained on the Website, respectively the Ecosystem and/or on the blockchain systems. As above-mentioned, the features of the Ecosystem are also provided on an "as is" and "as available" basis and may contain defects and software bugs. We do not guarantee the correct or secure functionality or performance of the features and You are advised to safeguard important data, property, and content, to use caution, and not to rely in any way on the correct or secure functionality or performance of the features. You are responsible for taking appropriate precautions to ensure that any data, content, or other materials You may access, download, or use from the features of Ecosystem are free of viruses, worms, Trojan horses, or other harmful components. We have the right to limit, on Our sole discretion, the availability of the Website, Marketplace, Metaverse, Platform to any person, geographic area or jurisdiction and/or to prohibit Your access to and use of the Website, Platform and Ecosystem, at any time. We may suspend, block or disable Your access to the Marketplace, Platform if We deem it reasonable to do so, including but not limited to the case that You breach these Terms or in case You do not pursue successfully the KYC/AML process carried by a third party KYC/AML service provider for the Marketplace’ users and certain users of the Metaverse, as the case may be. The access to the Website, Platform, Marketplace, respectively the Ecosystem or any of its parts, may be interrupted, suspended or restricted, in certain cases, including but not limited to: a breach of these Terms by You, an error, an unforeseen circumstance, planned maintenance, in case You do not pursue the KYC/AML process carried out by a third -party KYC service provider, as per Our decision. We are not liable to You where you suffer a loss, cost, or expense as a result of: a) the Website, respectively the Ecosystem, being unavailable at any time for any reason; b) any delay or interruptions caused by any computer viruses, spyware, scareware, Trojan horses, worms or other malware that may affect Your computer or other equipment, any cyber-attack or any phishing, spoofing or other attack; c) any lost profits or damages that are caused by or are connected to the unauthorized use of the Website, respectively the Ecosystem, or Services; d) any loss of any kind, from action taken in reliance on material or information, contained on the Website, respectively the Ecosystem; e) any loss caused by theft or other criminal taking if a computer, computer system, computer software program, malicious code, computer virus or process or any other electronic system is used to perform such acts; f) any loss of any kind resulting from any communication failures, disruptions, errors, distortions or delays You may experience when using the Website, respectively the Ecosystem, regardless of how they are caused. We may remove or amend the content of the Website and Ecosystem at any time. However, some of the content may be out of date at any given time and We are under no obligation to update it. As a condition to accessing or using the Website, respectively the Ecosystem and the Services, as well as the Tokens and NFTs, You: a) shall only use the Services and the Website, respectively the Ecosystem, for lawful purposes and in accordance with these Terms; b) shall comply with all applicable national and international laws, statutes, ordinances and regulations applicable to Your use of the Website, respectively the Ecosystem; c) shall ensure that all information that You provide on the Website, respectively the Ecosystem, is current, complete and accurate; d) shall maintain the security and confidentiality of access to Your crypto-assets wallet; e) shall not directly or indirectly do or state anything that might affect the Ecosystem’s reputation and/or image, as well as the evolution and development of the Ecosystem, including but not limited to any behavior which may be considered by Us as being defamatory, either directly or indirectly, by whatever means or words or place of communication, or being a manipulatory behavior either by suggestions, affirmations, rhetoric or inadequate questions or postings which may subversively affect the reputation, image, future development of the Ecosystem; f) shall not misrepresent the truthfulness, sourcing or reliability of any content on the Website and Ecosystem; g) shall not use the Website, respectively the Ecosystem for any purpose that is unlawful; h) shall not infringe on or misappropriate any contract, intellectual property or third-party’s right, or commit a tort while using the Website, respectively the Ecosystem; i) shall not breach any applicable legislation, including, without limitation, any relevant and applicable anti-money laundering and anti-terrorist financing laws and any relevant and applicable privacy and data collection laws, in each case as may be amended; j) shall not use the Website, respectively the Ecosystem, in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Website, respectively the Ecosystem; k) shall not attempt to circumvent any content filtering techniques or security measures that We employ on the Website, respectively on the Ecosystem, or attempt to access any service or area of the Website, respectively of the Ecosystem, that You are not authorized to access; l) shall not use any robot, spider, crawler, scraper, or other automated means or interface not provided by Us, to access the Website, respectively the Ecosystem, to extract data; m) shall not introduce any malware, virus, Trojan horse, worm, logic bomb, drop-dead device, backdoor, shutdown mechanism or other harmful material into the Website, respectively the Ecosystem.
7. Acknowledgements, representations and warranties for using the EcosystemBy using the Website, the Platform, the Tokens, NFTs and the Ecosystem, You acknowledge, represent and warrant that: (i) Every transaction on our Platform requires the payment of a fee. Meaning that You must pay a transaction fee for each transaction you initiate through the Platform. Thus, You are solely responsible for paying all gas fees required to complete a transaction on the Ethereum blockchain, and You must ensure that you have sufficient resources to do so before initiating such transactions; (ii) You are eligible to enter a legally online binding agreement with Us in accordance with the laws governing the jurisdiction applicable to You; (iii) You are over 18 years old or the age of majority, required by your residence state, whichever is older, and You have capacity to enter into this Agreement; (iv) You are solely and completely responsible for Your own compliance with applicable legislation in Your jurisdiction; (v) You have all necessary consent and the authority to enter into this Agreement and /or use the Services; (vi) You are familiar with all related regulations in the specific jurisdiction in which You are based and that purchasing and using Tokens and NFTs in that jurisdiction is not prohibited, restricted or subject to additional conditions of any kind; (vii) all information that You supply is true, accurate, complete and not misleading; (viii) if You agree to these Terms on behalf of a legal entity, then You have the legal authority to held liable the legal entity to these Terms; (ix) our assessment of Your use of the Services is performed on the basis of the information provided by You and We may rely upon information and documents provided by You and We are not responsible for any damages or losses which may arise from any inaccuracies; (xi) You have not been placed on any of the sanctions lists, published and maintained by the United Nations, European Union, any EU state, UK, Treasury and US Office of Foreign Assets Control (OFAC); (xii) You are not a citizen or resident of, or located in, a geographic area that is subject to U.S., EU, OECD or other applicable sanctions or embargoes; (xiii) You are not an individual, or an individual employed by or associated with an entity, identified on the U.S. Department of Commerce’s Denied Persons or Entity List, the U.S. Department of Treasury’s Specially Designated Nationals List, the U.S. Department of State’s Debarred Parties List or other applicable sanctions lists, in particular the EU or OECD-sanction lists; (xiv) You are not a citizen or resident of a geographic area in which the purchase, holding or use of NFTs and Tokens is prohibited by applicable law, decree, regulation, treaty, or administrative acts; (xv) You can distinguish between Services and understand the underlying mechanisms; (xvi) You will not send unwanted NFTs or Tokens to other users of the Ecosystem, excluding the airdrops; (xvii) neither the entry into this Agreement, or the use of the Services, or the giving of any other instruction will violate any law, rule, or regulation applicable to You; (xviii) You have not and will not upload or transmit any malicious code to the Website, respectively to the Ecosystem or otherwise use any electronic device, software, algorithm, and/or dealing method or strategy that aims to manipulate any aspect of the Website, respectively to the Ecosystem or the Services; (xix) You will use the Services offered by Us pursuant to this Agreement honestly, fairly and in good faith; (xx) all money that You use and invest through the crypto-assets and Services do not originate in any way from drug trafficking, abduction, terrorist activity or any other criminal activity that is unlawful or could be considered unlawful by any relevant authority; (xxi) Our Privacy Notice shall be applicable to Your use of the Website. If you breach any warranty or representation made under this Agreement, We may suspend or terminate the provision of Services and prohibit your access to the Website, and any feature of the Ecosystem. By using the Website, respectively the Ecosystem, including the Platform and the Tokens and NFTs-as integrant parts of the Ecosystem, You hereby acknowledge the followings: You are solely responsible for Your use of the Services, including, without limitation, for storing, backing up, and maintaining the confidentiality of your keys, passwords, and information, and for the security of any transactions you perform using the Services. In this respect, You expressly hereby relieve and release Us from any and all liability and/or loss arising from Your use of the Services; Interacting with crypto-assets involve risks, including the risk of loss of some or all crypto-assets. Losses are not insured, and You assume full responsibility for all losses. You are advised to exercise caution, conduct research, and not to transact more than you can afford to lose; You will not give Us control or access to any of Your crypto-assets, and Your crypto-assets are not held in the Marketplace, but are on the blockchain and ‘seen’ through the Marketplace, and We do not control the blockchain or your crypto-assets (including non-fungible tokens-NFTs, tokens, cryptocurrencies); We do not collect or hold Your private keys, and We cannot access accounts, recover keys, passwords, or other information; We cannot reset passwords or reverse transactions; You must maintain the security and confidentiality of Your private keys, recovery keys, passwords; You hereby acknowledge and agree that You are the only one responsible for confirming and ensuring your compliance with any local legal provisions that may be applicable to your activities on the Website and Ecosystem, including those of Your country or jurisdiction of residence. You hereby confirm that You are legally allowed to participate in the Ecosystem; You are solely responsible for determining what, if any, taxes apply to your purchase and use of NFTs, Tokens as well as on any of your activities performed by You within or in relation to the entire Ecosystem; We do not guarantee in any way the completeness or accuracy of the information presented on the Website, respectively the Ecosystem; We do not facilitate the storage, the exchange from crypto to fiat or sending of fiat currencies; You hereby acknowledge and accept that We or any third party may need to undertake certain KYC activities and AML verifications, including collecting certain personal data from You; Upon request, You shall provide all information and documents that We or the third party above-mentioned, in its sole discretion, deems necessary or appropriate to conduct KYC and AML verifications or as they are/ become required by the applicable legal provisions. Taking into consideration the above-mentioned, You hereby acknowledge and agree that: a) We do not intend and We do not provide any investment or financial advice or recommendations whatsoever. In this respect, We cannot provide You with any investment, legal, financial, taxation or other advice in connection with your financial or investment decisions. b) You assume all risk in connection with Your access and use of the Ecosystem. c) You expressly waive and release Us from any and all liability, claims, causes of action, or damages arising from or in any way related to Your use of the Ecosystem or the smart contracts. d) Nothing on the Website, respectively the Ecosystem or in any communications (including the marketing communications) which We are sending to You is intended to represent an investment or financial advice or a recommendation in this respect. e) We will not be responsible for any communication failures, disruptions, errors, distortions or delays You may experience when using the blockchain, however caused. We expressly disclaim any liability for these risks. f) No recommendation is made herein as to the advisability of purchasing crypto-assets. g) You should conduct Your own research and due diligence investigation, to properly evaluate the benefits and risks of any transaction performed on or in connection to the Ecosystem. h) The Ecosystem may be modified by Us by modifying/renouncing/delaying certain parts or elements or features of Ecosystem, on Our sole discretion, due to external factors, such as market evolution or due to operational opportunity reasons or Our decisions or even regulatory future constraints. i) You acknowledge and agree that the field of cryptography is constantly evolving and that advances in code cracking or the development of quantum computers may present risks to smart contracts, cryptocurrencies, and the features of the Ecosystem. It is possible for your tokens or NFTs to be stolen or lost as a result of these risks. By using the features of the Ecosystem, You accept these risks and agree to undertake them. You hereby acknowledge and agree that You are using the features of the Ecosystem and Services on Your own risk and We shall not be held liable for any loss/ damage caused to You. j) We are not responsible or liable for any sustained losses or injury due to vulnerability or any kind of failure, abnormal behavior of software (e.g., wallet, smart contract), blockchains or any other features of the NFTs or Tokens. k) Our Tokens are not an investment in any way and are not securities. The possession of the Tokens does not grant any title, right, or interest in any company and does not grant the owner a share of any profits outside of the capital gains (or losses) they might realize in trading on the crypto exchanges, if the case. l) Tokens are neither structured nor sold as securities or any financial instruments. m) We shall not be liable to You or any other third party for damages, including any general, special, incidental, punitive or consequential damages arising out of the use or inability to use the Ecosystem or Tokens or NFTs (including but not limited to loss of data or data being rendered inaccurate or losses sustained by You or third parties). n) Depending on your activity in the Ecosystem, You may also lose crypto-assets.
8. Acknowledgements, representations and warranties for using the Marketplace and the PlatformBy using the Marketplace and the Platform, You acknowledge, represent and warrant that: The use of the Marketplace or Platform may not be available to You, in whole or in part, in certain regions, countries, or jurisdictions, in order to comply with certain rules and regulations meaning that the use of the Marketplace and Platform is currently provided in specific regions, countries or jurisdictions and will be expanded to other territories at Our discretion; You hereby acknowledge and accept that We or any third party may need to undertake certain KYC activities and AML verifications, including collecting certain personal data from You; Upon request, You shall provide all information and documents that We or the third party above-mentioned, in its sole discretion, deems necessary or appropriate to conduct KYC and AML verifications or as they are/ become required by the applicable legal provisions; We reserve the right to request additional information to verify Your identity, if the information provided subsequently contradicts the information submitted previously, if We consider that the information is false, deceptive or offensive, or if We believe that you breached these Terms; The Marketplace and Platform’s features are activated and available only to users who have successfully completed the KYC/ AML process; We do not facilitate the storage, the exchange from crypto to fiat or sending of fiat currencies in case You are using crypto-assets to purchase, mint the NFTs; We cannot reset passwords or reverse transactions in case You are using crypto-assets to purchase, mint the NFTs. You will not give Us control or access to any of Your crypto-assets from Your crypto wallet; We do not collect or hold Your private keys, and We cannot access accounts, recover keys, passwords, or other information; We shall not be held liable for any errors in actions taken in reliance to the information related to the INOs, including with respect to the release of any funds or other similar activities which can be performed on the Platform. The Platform is solely a technical and marketing promoter for the INOs, providing the technology for facilitating the launch and sale of the NFTs; Our Platform will be relying on, and is so entitled to rely on, upon the information, representations, warranties, and covenants made by the project INOs owners via their own terms and conditions and related policies; The initiators of the projects are providing to Us the information related to the projects to be published on the Platform and We have no liability with respect to the accuracy of the information related to the projects; We do not independently verify in an exhaustive manner the information regarding the INOs and do not endorse the INOs for investment. For the avoidance of any doubt, We are not Your advisor in connection with the INOs presented on the Platform. the Services provided by Us do not constitute financial or legal advice that requires licensing or other approvals, and the User is not permitted to rely upon the Services at such; We are not responsible for the information from the White Papers or any presentation documents related to the projects. For the avoidance of any doubt, the information from the White Papers and presentation documents is provided by the initiators of the projects to be published on the Platform; We shall not be held liable with respect to any project’s activity, as well as its past, present, or future performance or non-performance; You should consult Your own legal, tax, investment and financial advisors regarding the suitability, desirability and appropriateness of participating in the INOs. We do not provide any other advisory services to You; there may be a delay in Your access or use of your crypto-assets which may determine a decrease of the crypto-assets’ value or your inability to complete a smart contract; any smart contracts you interact with are entirely your Own responsibility and liability, and We are not party to the smart contracts.
9. Purchase of NFTsThe User can purchase NFTs for a set price according to the following criterias described below. a) To purchase NFTs for a set price on the Platform, the User can select an NFT collection from which it wishes to purchase one or more NFTs. b) After selection of the NFT collection, the User will need to provide or confirm its payment details. It will then be confirmed that the User's Digital Wallet holds the sufficient amount of ETH for the intended purchase. After such is confirmed, the User will see an overview of the selected NFT collection and the total consideration. The User will be able to return to the previous pages to correct any errors or to change the purchase. c) The price for NFT(s) is shown and is payable by the User in the crypto currency Ethereum. The price does not include the gas fee payable by the User for the transactions on the Ethereum network, including the purchase of the NFT. d) All transactions on the Platform are facilitated by smart contracts existing on the Ethereum network. The Ethereum network requires the payment of a gas fee for every transaction that occurs on the Ethereum network, and thus every transaction occurring on the Platform. The prices for the NFT(s) indicated on the Platform does not include the gas fee. These gas fees are the responsibility of the User, who must ensure that it has sufficient funds in ETH on its Digital Wallet. The total amount due and payable (including the gas fee) is shown to the User before it proceeds to the validation of its purchase. e) After completion of the confirmation of purchase, the User will automatically receive the respective NFT(s) from the NFT collection selected by the User in his/her Digital Wallet. f) Any transfer of a NFT to the User will be registered in the Ethereum blockchain. g) The User must have a Digital Wallet compatible with the NFT Platform in order to receive and store its NFT(s) following its purchase from Platform Operator. Compatible Digital Wallets include Metamask Coinbase Wallet and any Digital Wallet compatible with Wallet Connect. Digital Wallets are provided by third parties and not by Platform Operator. These Terms are not applicable to the User's use of the Digital Wallet. Their use is rather subject to terms and conditions provided by the relevant third-party Digital Wallet provider. The User shall ensure that it has read these Terms before creating its Digital Wallet, and that it maintains the security of its Digital Wallet. As mentioned above in this document, the Platform Operator does not hold any wallet private keys to the User's Digital Wallet. The User's Digital Wallet public address will be made publicly visible every time the User engages in a transaction. It is the responsibility of each User to ensure (i) the compatibility of the Digital Wallet with the Platform before purchasing an NFT and (ii) that the Digital Wallet is operated and stored in appropriate security conditions. Failure to do so may result in the loss or theft of NFTs. Any action made as a result of the User's Digital Wallet being compromised is the responsibility of the User. h) The User is the owner of the NFTs that it purchases. This ownership is ensured and verified by a smart contract on the Ethereum network. Platform Operator makes no guarantee or promise with respect to smart contracts. Platform Operator has no control over the User's ownership of the NFT and cannot modify it. i) The User has the right to freely dispose of the NFTs it owns (sale, donation, transfer, destruction, etc.) , in particular via Third Party Marketplaces.
10. Acknowledgements and representations of the NFTs buyers from the Marketplace and PlatformIn case You buy NFTs presented on the Marketplace and Platform, You hereby acknowledge and agree that: We are not acting as an issuer, seller, subscriber, placement agent or any other role on behalf of the users of the Marketplace and Platform; We are not the seller or the buyer of any NFT on the Marketplace and Platform, We are not a party to any agreement or transactions between the sellers and the buyers of the NFTs; The NFTs are minted, as well as sold solely by the users on their own behalf, not on Our behalf; We do not buy, sell or take possession of any NFTs; You must verify the identity, legitimacy and authenticity of the NFTs that You purchase through Our Marketplace and Platform; In case of minting, buying, or selling NFTs, any transactions that You engage in will be conducted solely through the relevant blockchain network governing such NFTs; All users on the Marketplace and Platform are verified by our third-party (Know your customer) and AML (Anti—Money Laundering) provider and must successfully complete this process in case they want to purchase or sell NFTs on the Marketplace or Platform. It is possible to exist royalties associated with some NFTs and the payment of any such royalty shall, in certain circumstances, be programmed to be self-executing via a blockchain network and We do not have any control or ability to control them; All NFTs terms of sale of the users ( the ‘’Seller’s Terms’’) are established by the users (third parties) and consequently the NFTs’ sale, their purchase and their use are subject to such Sellers’ Terms, as defined above. We are just displaying the Sellers’ Terms, We are not involved in the drafting process or enforcement process of these Sellers’ Terms. Usually, the Sellers’ Terms are governing the sale, purchase and use of NFTs, as well as the rights associated to the NFTs, the intellectual property rights over the underlying artwork related to the NFTs and over the NFTs, the benefits related to the NFTs, royalties, as well as the price of such NFTs. We are not liable for any content of the Sellers’ Terms. We are not a party to any such Sellers’ Terms, which are applicable only to the relationship between the seller (third -party) and the buyers /users of the NFTs and We are not responsible for ensuring buyers/users’ compliance with such Sellers’ Terms and We shall not be involved in any disputes, claims with respect to such Sellers’ Terms (including, but not limited to any disputes arising out of or in connection to the authenticity of the NFTs or any intellectual property rights associated with such NFTs or their underlying artwork or any disputes related to benefits associated with the tokens or any other matters related to the projects correlated with the tokens). The sellers (third-party) and the buyers/users are entirely responsible for communicating, agreeing to, applying and enforcing the Sellers’ Terms and for solving any disputes arising from any breach of any Sellers’ Terms. In case that a third party has a claim against Us, the creator/ seller of the NFTs shall be held responsible towards Us, as per the below provisions in this document. We make no representations or warranties, express or implied, written or oral, made by or on behalf of Us and the sellers in connection therewith, including any representations or warranties of title, functionality, merchantability, usage, security, suitability or fitness for any particular purpose, or technical quality of any NFT. We are not liable for any breach by any person of any intellectual property in relation to the underlying artwork of the NFTs and NFTs presented by Us on the Marketplace. You will not give Us control or access to Your crypto wallet and your crypto-assets and We do not control the blockchain or Your crypto-assets (including the NFTs ). We do not collect or hold Your private key, and We cannot recover Your private key, passwords, or other information. We cannot reset passwords or reverse transactions. We shall not be liable to You or any other third party for damages, including any general, special, incidental, punitive or consequential damages arising out of the use or inability to use any NFTs (including but not limited to loss of the NFTs and data or data being rendered inaccurate or losses sustained by You or third parties). You are responsible to pay any and all taxes, duties imposed by any governmental authority, associated with Your purchase and use of the NFTs (including, without limitation, any taxes that may become payable as the result of Your ownership, transfer, purchase, sale of any NFTs).
11. Acknowledgements, representations and warranties for minting and selling NFTs on the Marketplace and PlatformIn case You mint and sell the NFTs, You hereby acknowledge and agree that: none of the NFTs, the underlying artworks related to the NFTs or any component the underlying artworks infringe, dilute or otherwise violate, trespass or in any manner contravene, breach or constitute the unauthorized use or misappropriation of, or conflict with any intellectual property rights, or any other property right, of any third party, and there is no claim or action pending or threatened against the You or the underlying artworks related to the NFTs alleging any of the foregoing; The design and the underlying artworks related to the NFTs did not, does not and will not violate any applicable legislation or any intellectual property rights of third parties; all information provided by You are true, complete and accurate in all material respects with respect to You and the artworks; You hereby declare and warrant that You created and possess full title to the artworks, there are no encumbrances or any restrictions (either contractual or otherwise) with respect to Your title over the artworks; You hereby declare and warrant that You did not use any elements previously used by other artists/ creators unless such elements are in the public domain and are declared in this manner in reliable sources; You hereby agree that You, as the seller of the NFTs, shall be liable towards Us for any damage resulting from any infringement or other breach of the copyright, other intellectual property rights of any individual or entity, and for any other harm or losses in connection with the design and underlying artwork related to the NFTs, as incurred by Us. In this respect, You hereby agree to indemnify and hold harmless Us against any and all claims and expenses, including attorneys’ fees, arising out of any breach or alleged breach of such intellectual property rights in connection with the design and underlying artwork related to the NFTs. Although we have mentioned in this document that We do not solve disputes related to any actual or alleged infringement/ breach of any intellectual property rights, in case of a third-party’s notice, allegation, demand or claim addressed directly to Us with respect to any actual or alleged infringement/ breach of any intellectual property rights in connection with the design and underlying artwork related to the NFTs, We may notify You about the third party’ s notice, allegation, demand or claim and We are entitled to request You to support the attorneys’ fees for responding to the third party’s notice, demand, the allegation as well as any expenses (including attorneys’ fees) incurred by Us in case that lawsuits are initiated against Us. You hereby declare and warrant that Your NFTs do not breach any copyright, contract rights or any other intellectual property rights of any third party (person or entity) with respect to the design and underlying artwork related to the NFTs; In case any of the representations and warranties above-mentioned prove not to be true, in Our opinion, We are entitled to remove from the Ecosystem the NFTs and any related artworks, by informing You; You hereby grant Us a worldwide, non-exclusive, sublicensable, royalty-free license to use, copy, modify, and display any content, including but not limited to the underlying artwork related to the NFTs, any digital file containing such underlying artwork, art, or other material linked to or associated with any NFTs, any text, materials, images, files. You hereby represent and warrant that You have, or have obtained, all rights, licenses, consents, permissions, power and authority necessary to grant the rights mentioned herein for the content above-mentioned, as well as to grant Us the license described above, and that the content and the license above-mentioned do not breach any laws. We are not liable for any breach by any person of any intellectual property in relation to the underlying artwork of the NFTs and NFTs presented by Us on the Marketplace.
12. Secondary Market transactionsThe Users cannot resell NFTs on the Platform. They may resell their NFTs by offering them for sale on a Third Party Marketplace, subject to limits which may be specified for each NFT on the Platform. Upon a Secondary Market transaction, both the right of the User associated with the respective NFT shall transfer to the respective new holder of that NFT. Platform Operator is not involved in Secondary Market transactions on Third Party Marketplaces and cannot be held responsible for sales, purchases or transfers made outside the Platform. It is the Users' responsibility to check which rights are associated with an NFT purchased on or received through a Third Party Marketplace. The Users will be responsible for the payment of all taxes that may be applicable as a result of their use and resale of the NFTs. Under the conditions specified for each NFT on the NFT Platform, the Secondary Market transactions on Third Party Marketplaces may be subject to a commission for the benefit of Platform Operator and/or of any third party that has participated in the NFT creation. By purchasing the NFT on the Platform, the User accepts the existence of this possible commission.
13. Risks inherent in NFTsNFTs (Non Fungible Tokens) are highly volatile assets. Their value depends on many factors. Their value is not guaranteed and can become zero. By purchasing NFTs, the User exposes itself to the risk of partial or total loss of the consideration paid for the respective NFT. In addition, the resale or transfer of NFTs, in particular via Third Party Marketplaces, is not guaranteed. Such resales or transfers may be subject to transaction fees (including gas fees) which vary in amount. This amount may be significant and may limit or prevent the resale or transfer of NFTs. All transactions of Non Fungible Tokens (such as the NFTs) are conducted through the blockchain, which is an emerging technology that may involve risks such as, but not limited to, the following: (i) any malfunction, vulnerability, unintended function or unexpected operation of the blockchain network may cause the User's NFTs to malfunction or operate unexpectedly or in an unintended way; (ii) the blockchain network may be subject to specific weaknesses, which make them possible targets for specific cyber security threats; (iii) loss or theft of the means of access, in particular the private key to the User's Digital Wallet, or misuse of the Digital Wallet, may result in the loss of access to the User's NFTs and any Function(s) related thereto; Any of the above may result in the NFTs becoming worthless or may temporarily or permanently prevent the User from reselling or transferring them. Taking into consideration the above-mentioned, You hereby agree that: a) You assume all risks in connection with Your access and use of Our Ecosystem and the smart contracts; b) You expressly waive and release Us from any and all liability, claims, causes of action, or damages arising from or in any way related to Your use of the Website, Our Ecosystem, the NFTs or the smart contracts. You acknowledge and agree that We will not be responsible for any communication failures, disruptions, errors, distortions or delays You may experience when using the blockchain networks, however caused. No recommendation is made herein as to the advisability of purchasing crypto-assets. As between Platform Operator and Users, these risks are borne by Users. To the maximum extent permitted by law, Platform Operator disclaimsliability to User for any of these risks and any loss of value of the User's NFT. We will use commercially reasonable efforts to ensure the security of the Platform. However, Platform Operator cannot guarantee that the Platform and/or the NFTs will be free of viruses and/or other computer codes that may contain contaminating or destructive features. It is the User's responsibility to put in place appropriate computer security measures (including anti-virus and other security controls) to meet its particular information security and reliability needs. The regulatory regimes in the areas relating to Non Fungible Tokens (NFTs), crypto-assets (including tokens), crypto-currencies and blockchain-based services may be subject to rapid legislative and regulatory change which could impact your use of the Platform, the Ecosysytem and/or NFTs.
14. Content which You post on Our Social Media Communities and EcosystemWhen You post content on Our Social Media Communities and Ecosystem, You: must not post anything which is abusive, inciteful, defamatory, harassing, insulting, sexually explicit, offensive, racist, rude, hateful, threatening, violent, or illegal or even manipulatory for other persons; must not post any personal or security information about Yourself or about anyone else and you must not try to obtain the personal or security information of someone else; must make sure that all content You post belongs to You or that You have a right to post that information and that You do not violate the privacy rights, publicity rights, copyright, contract rights or any other rights of any individual or make derogatory remarks regarding, defame or otherwise criticize any person or entity, including Us and our Ecosystem. You shall be liable for any damage resulting from any infringement or other violation of the copyright, trademarks or other proprietary rights of any individual or entity, and for any other harm or losses resulting from any content that You post; must not post content containing unsolicited promotions, commercial messages or any chain messages or user content designed to deceive or trick the users of the Ecosystem; must not post that We endorse or warrant Your content; must not advertise or promote another business or service, except otherwise agreed by Us, or any type of commercial content (including spam); encourage or induce any third party to engage in any of the activities prohibited under these Terms; manipulate the other users of the Ecosystem by whatever methods or inducing them the idea that the future of the Ecosystem may be periclitated or in danger. We may review and monitor Your activity and posts, as well as Content on Our Social Media Communities and Ecosystem. If You breach any of the above rules, We will record such breach and We will remove the post, content without telling You. We may also block Your access to the Services or terminate our Agreement with You - We will communicate You or not when We will take such measures. We may also be required by applicable legislation to communicate to regulators or government authorities about a breach, and help them in any investigation about a breach. By posting content on Our Social Media Communities, respectively on Ecosystem, You specifically grant Us a non-exclusive, irrevocable, transferable, sub-licensable, royalty-free, worldwide license to use, copy, duplicate store, present and/or publish all or any part of Your content, and We shall be free to use such content, in any manner or media whatsoever, on an unrestricted basis and without any attribution or royalties or other compensation to You, including without limitation, our Website, advertisements, in printed media, and in newspapers.
15. Intellectual Property RightsAll content included in the Website, the Marketplace, the Platform , the Metaverse or made available through the Ecosystem and Services, including but not limited to: all copyrights and all intellectual property rights in designs, software code, source codes, database, functionality, website designs, audios, videos, texts, photographs, 3D graphics, avatars/users, digital assets, the icons, logos, characters, buttons, colour scheme, graphics layouts and all other associating functions, as well as the rights in know-how, trademarks, patents, service marks, domain names, trade names, trade secrets and any other intellectual property rights ("IP") is Our property and is protected by local and international intellectual property laws and treaties. We are granting You a license consisting of the right of use only for Your personal and non-commercial purposes. You may not, without Our prior written consent: a) modify, copy, display, distribute or commercially exploit any IP or materials (including text, video, audio, functions, user interface design) in the content of any of the Services, including in the Ecosystem; b) remove any proprietary notices from any IP; c) attempt to derive any source code for Ecosystem; and d) attempt to disable, bypass, modify, defeat, or otherwise circumvent any protection system applied to or used as part of the Services. The use of the Services does not grant you any rights other than those granted to You under these Terms. Nothing contained on our Ecosystem or any communications to You shall be construed as granting, by implication or otherwise, any license or right to use any IP without Our prior written consent. If You create a hyperlink to our Website, Platform or Ecosystem, the hyperlink and context in which it is used may not, without Our prior written consent, suggest an endorsement, sponsorship or affiliation with Us, our affiliates or Services, and may not make use of any of our IP other than that contained within the text of the hyperlink. You will not make use of our URL (or any other URL owned by us) on another website or digital platform without Our prior written consent. You agree that no part of the Website, the Ecosystem may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without Our express prior written permission. You hereby grant Us a worldwide, non-exclusive, sublicensable, royalty-free license to use, copy, modify, and display any content, including but not limited to the photos, videos uploaded/ posted by You in the Ecosystem, any digital file, art, any underlying artwork, any text, materials, images, files, that You submit or post on or through the Ecosystem or Website ( the ‘’Content’’). You, as an artist, hereby grant to Us a worldwide, non-exclusive, sublicensable, royalty-free license to use, copy, modify, and display any content, including but not limited to the underlying artworks related to the NFTs, any digital file containing such underlying artworks, art, or other material linked to or associated with any NFTs, any text, materials, images, files, that the artist submit or post on or through the Ecosystem. You hereby represent and warrant that You have, or have obtained, all rights, licenses, consents, permissions, power and authority necessary to grant the rights mentioned herein for the Content above-mentioned, as well as to grant Us the license described above, and that the Content and the license above-mentioned do not breach any laws. We shall not be liable for any breach of any intellectual property rights in connection with any Content displayed by Us on Our Website, respectively the Ecosystem. We own all right, title, and interest in and to all the technology and proprietary rights related to the Ecosystem including without limitation any technology and proprietary rights related to them. The users do not acquire any right, title, or interest in or to any intellectual property rights. To the extent the users provide any feedback or other data specific to the Ecosystem, We shall have a perpetual, royalty-free, and unrestricted right to use such feedback in any manner without attribution to the users.
16. Third-Party LinksThe Ecosystem may contain hyperlinks or references to third-party websites. Any such hyperlinks or references are provided for Your information and convenience only. We have no control over third party websites and We have no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third-party website does not mean that We endorse that third party's website, products or services. Your use of a third-party site may be governed by the terms and conditions of that third-party site.
17. Privacy NoticeWe may record and collect information about You. You can find more information about how We will you process your personal information in our Privacy Notice available on the Website.
18. LiabilityYou will indemnify, defend and hold harmless at Your own expense, Us, our representatives and agents and anyone acting on Our behalf, from and against any damages, costs and expenses, including attorney’s fees and costs, third party claims, demands, liabilities, resulting from any claim, allegation or demand, connected with Your use of the Ecosystem, your breach of these Terms, infringement of any other person’s rights. You shall be liable to Us for any loss or damage suffered by Us as a result of any breach of these Terms, or of any use of the Ecosystem that is fraudulent or represents willful misconduct. We shall not be liable for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential or special damages arising from Your use of the Ecosystem or any information contained therein. You are using the Website, respectively the Ecosystem at Your own risk. We (including our affiliates, officers, directors, employees and collaborators), shall not be liable to You for any direct, indirect, consequential loss, damage, cost or expense (including legal costs), loss of profit, loss of business, loss of reputation, damage or corruption of data or any similar damage or loss costs, expenses and payments, arising from, or in connection with the content, the use of or the inability to use the Website, respectively the Platform, Metaverse, Marketplace, Platform, Ecosystem or its features, or from any failure, error, or breakdown in the function of the Website, respectively the Platform, Metaverse, Marketplace, Platform or from any fault, or error made by our officers, directors, employees, directors and collaborators or from your reliance on content available on the Website, the Ecosystem or from any communication with Us, or from any denial or cancelation of Your user account, or from retention, deletion, disclosure and any other use or loss of your content on the Website, Platform, Metaverse, Marketplace, Platform, Ecosystem. We (including our affiliates) shall not be liable for (i) the NFTs or the tokens losing value or utility, having no value or utility, or any change in the value or utility of the NFTs/ tokens, if they ever had value or utility; (ii) losses incurred by any person or entity in connection with the use or transfer of the NFTs and tokens, (iii) the inability of any holder of a NFT/ Token, or any other person or entity to use or access Our Services, or (iv) if any part of the Ecosystem is hacked or otherwise infected with harmful code, any results of, or loss directly or indirectly caused by, such hacking or harmful code; (v) if You are a victim of any fraud from third parties . We shall not be responsible or liable to You for any losses, damages or claims arising from: (i) user error such as forgotten passwords, incorrectly constructed transactions, or mistyped wallet addresses; (ii) server failure or data loss; (iii) blockchain networks, crypto wallets or corrupt files; (iv) unauthorized access to Services; or (v) any third party activities, including without limitation the use of viruses, phishing, or other attacks. We have no liability to You or to any third party for any claims or damages that may arise as a result of any payments or transactions that You conduct via blockchain with respect to NFTs or tokens. We shall not be liable for any delay or failure to perform any of the Services as required by these Terms because of any fortuituous case or force majeure case.
16. DisclaimersWe do not guarantee that the Ecosystem will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programs in order to access the Ecosystem. You should use your own virus protection software. The content and materials available on the Website, Platform and Ecosystem are for informational purposes only and is not intended to address your particular requirements. Any value or estimation available on the Ecosystem is just for informative or explanation purposes and do not constitute in any way a promise or guarantee from Our part. In particular, the content and materials available on the Website and Ecosystem do not constitute any form of investment advice or recommendation by Us, should not be regarded as an offer, solicitation, invitation or recommendation to buy or sell or any other financial services and is not intended to be relied upon by You in making any specific investment or other decisions. Any opinions, news, research, analyses, prices, or other information contained on this Website are provided as general market commentary and do not constitute investment advice. We shall not be responsible for any loss arising from any investment based on any recommendation, forecast or other information provided. Nothing included in the Website constitutes an offer or solicitation to sell, or distribution of, investments and related services to anyone in any jurisdiction. In case You need or want any advice, You should consult an appropriate professional financial, legal, taxation, investment advisor or another advisor, in connection with any investment or financial transaction performed on or in connection to the Ecosystem. We provide just advice on the technical use of Our Platform and Marketplace. The content and materials available on Platform and from Our communications are for informational purposes only and are not intended to address Your particular requirements. No part of the Platform, Marketplace is intended to constitute advice, and the content of the Platform, Marketplace should not be relied upon when making any decisions or taking any action of any kind. We will not be liable in any way for any damage or loss, arising from the use or inability to use the Platform or the Marketplace. If We display fiat values, We do not warrant nor make any representations as to the accuracy of the fiat value displayed through Platform or Marketplace or any part of the Ecosystem. From time to time, reference may be made to data we have gathered. These references may be selective or, may be partial. As markets change continuously, previously published information and data may not be current and should not be relied upon. For avoidance of any doubts, any representation or other affirmation of fact, including statements regarding capacity, suitability for use or performance of the Website, respectively Our Ecosystem or the content presented on, or through the Ecosystem, whether or not or supposed to be made by any of our directors, officers, employees, collaborators, which is not expressly contained in these Terms, shall not be considered to be a warranty by the involved persons for any purpose or give rise to any liability of our employees, officers, directors, and collaborators whatsoever. You will implement and be responsible for implementing reasonable measures for securing your purchaser wallet and any other wallet or vault you use to hold the Tokens you purchase from Us or the NFTs purchased from the users, including any requisite private keys or other credentials necessary to access such purchaser wallet, or other wallet or vault. We shall not be responsible or liable for any damages, losses, costs, penalties, fines, or expenses arising out of or relating to: a) Your failure to implement reasonable measures to secure your purchaser wallet or any other wallet or vault you use to hold Tokens and NFTs or the relevant access credentials; b) the loss of, tampering with, circumventing or unauthorized use of any of the access credentials to your purchaser wallet, or any other wallet or vault you use to hold tokens and NFTs; c) any security breach affecting the security of your purchaser wallet or any other wallet or vault you use to hold tokens and NFTs, or d) the loss of tokens and NFTs from your purchaser wallet or any other wallet or vault you use to hold tokens and NFTs. We give no guarantees as to the value of any of the Tokens and explicitly We are warning users that there is no reason to believe that the Tokens will increase in value, and they might also decrease in value or lose their value entirely. You represent and warrant, that you are acquiring Tokens for your own personal use and for your personal utility and not for investment or financial purposes. We are not giving any advice regarding tax issues and are not responsible for determining any tax implications connected with Your use of our Services and Ecosystem. We make no representation as to the tax implication of any jurisdiction.
17. MiscellaneousWe may perform any of Our obligations, and exercise any of the rights granted to us under these Terms, through a third-party. We may assign any or all our rights and obligations under these Terms to any third-party. If any clause or part of any clause of these Terms is found to be void, unenforceable or invalid, then it will be severed from these Terms, leaving the remainder in full force and effect, provided that the severance has not altered the basic nature of these Terms. No single or partial exercise, or failure or delay in exercising any right, power or remedy by Us shall constitute a waiver by us of, or impair or preclude any further exercise of, that or any right, power or remedy arising under these Terms or otherwise. If any of the provisions in these Terms are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the remainder shall continue in full force and effect. All disclaimers, indemnities and exclusions in these Terms shall survive termination of the Terms and shall continue to apply during any suspension or any period during which the Website is not available for you to use for any reason whatsoever. These Terms and the documents referred to in them set out the entire agreement between You and Us with respect to Your use of the Website, respectively the Ecosystem and the Services and supersede any and all prior or contemporaneous representations, communications or agreements (written or oral) made between You or Us. This document and the relationship between You and Us shall be governed by and construed in accordance with the laws of Romania.
18. ChangesWe reserve the right, at Our sole discretion, to make changes to these Terms and to indicate, on the Website the fact that changes/modifications/variations have occurred, this representing sufficient notice on this matter. Such changes shall be binding on users of the Website, respectively Ecosystem, and shall take effect immediately upon posting. You hereby agree to observe any changes, variations or modifications to our Terms, and Your continued use of or access to the Website, respectively the Ecosystem, shall constitute acceptance of any such changes, variations or modifications. A copy of the most up-to-date version of these Terms is available on the Website. It is Your responsibility to check the Terms periodically for changes. If You do not agree to the changes, You must stop the use of the Website, Ecosystem, and related Services. If there is a conflict between two versions of the Terms that You have been deemed to have agreed to, the latest version shall prevail, unless expressly provided otherwise. Your Comments and Concerns The Platform is operated by EntertainM. All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to: firstname.lastname@example.org