Connect with one of available wallet providers or create a new wallet. What is wallet?
We do not own private keys and cannot access your funds without your confirmation
Wallets are used to send, receive, and store digital assets like Ether. Wallets come in many forms. They are either built into your browser, an extension added to your browser, a piece of hardware plugged into your computer, or even an app on your phone.
Welcome to our website, www.NFTAVE.io, owned and operated by NFTAVE Inc. (“NFTAVE”). These Terms of Services (“Terms”) govern your access to and use of the Website, our APIs, and any other software, tools, features, or functionalities provided on the Website accessible on a computer or mobile device or in connection with our Services, including without limitation using our Services to view, explore, and create NFTs and use our tools, at your own discretion, to connect directly with others to buy, sell, trade, tokenize, or swap your NFTs in our multi-blockchain marketplace. Through our NFT Academy, our Website Services include providing access to our optional NFT training and certification course curriculum. Upon completion of the curriculum, students will be equipped with a sound understanding of the entire Web3 space and receive a certificate of recognition.
PLEASE READ THESE TERMS OF SERVICES CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION AND AFFECT YOUR LEGAL RIGHTS. THE SECTIONS BELOW TITLED “RESOLVING OF DISPUTES BY BINDING ARBITRATION”, “JURY TRIAL WAIVER”, AND “CLASS ACTION/CLASS ARBITRATION WAIVER” WHICH (WITH LIMITED EXCEPTIONS) REQUIRE ANY DISPUTES BETWEEN US TO BE RESOLVED THROUGH AN INDIVIDUAL ARBITRATOR RATHER THAN BY A JUDGE OR JURY IN A COURT OF LAW.
BY CLICKING TO ACCEPT AND/OR USING OUR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL OF THE TERMS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICES.
“Account” means you are accepted as a Registered User by NFTAVE. You may use one or both of the services specified under the Services definition. If you will be engaged in NFT-related commerce through the blockchain, see Section III-C.
“NFT” means a non-fungible token or similar digital item implemented on a blockchain (such as the Ethereum blockchain), which uses smart contracts to link to or otherwise be associated with certain content or data.
“NFT Academy” means the Website’s training program through which users learn about NFTs and blockchains and will earn a certificate of recognition upon successful completion of the program entitling them to sell and buy NFTs on the Website.
“Services” means both: 1) our training Services which enable users to learn about NFTs, smart contracts, blockchain technology, and Web3; and 2) our Services related to providing the technology required for creating and displaying NFTs and facilitating the various ways they can be sold, purchased, traded or minted in using multi-blockchains.
“User”, “you”, and “your” means you as the user of the Services. If you use the Services on behalf of a company or other business entity then “you” includes you and that entity, and you represent and warrant that (a) you are an authorized representative of the entity with the authority to bind the entity to these Terms, and (b) you agree to these Terms on the entity’s behalf.
“We”, “our”, or “us” means NFTAVE Inc.
We are not a digital wallet provider, exchange, broker, or financial institution. Nor are we in the money Services business or a creditor. Through our blockchain marketplace Services, NFTAVE provides the technical conduit for a peer-to-peer Web3 Services that enables users to tokenize (i.e., mint) their NFT collections and to discover and directly interact with each other and NFTs available on public blockchains. We do not have custody or control over the NFTs or blockchains you choose to interact with. Nor do execute or set up purchases, transfers, or sales of NFTs.
We are not a party to any agreement between any users. You bear full responsibility for verifying the identity, legitimacy, and authenticity of NFTs that you purchase from third-party sellers using our Services and we make no claims about the identity, legitimacy, functionality, or authenticity of users or NFTs (and any content associated with such NFTs) visible on our Website. You also bear full responsibility for complying with all restrictions imposed on your usage of the NFT since the NFT creator retains ownership of all legal rights, titles, and interests in the NFT associated with your purchase absent an executed agreement to the contrary. See Section VI.
Under its NFT marketplace-related Services, NFTAVE helps you explore NFTs created by third parties and interact with different blockchains. However, we do not and cannot make any representations or warranties about this third-party content visible through our Services, including any content associated with NFTs displayed on the Services, and you bear responsibility for verifying the legitimacy, authenticity, and legality of NFTs that you purchase from third-party sellers. We also cannot guarantee that any NFTs visible on NFTAVE will always remain visible and/or available to be bought, sold, or transferred.
You bear full responsibility for verifying the authenticity, legitimacy, identity, and other details about any NFT, collection, or account that you view or otherwise interact with in conjunction with our Services. We make no guarantees or promises about the identity, legitimacy, or authenticity of any NFT, collection, or account on the Services.
Age Requirement. We require all users of our Website to be at least 16 years old and have their own personal account. By signing up for an account you are representing that you are at least 16 years old. Failure to comply with this requirement may result in immediate termination of your account.
Registered Users. To access our Website you will need a username and password to have a Registered Account. When creating your account, you must provide true, accurate, current, and complete information about yourself whether acting on your own or as the authorized agent of an entity. You may not transfer your account to anyone else without our prior written permission. This includes transfer of an account from one entity agent to another entity agent. You are solely responsible for all activity under your account. Each user email and password can be used by only one individual. You are responsible for maintaining the confidentiality of your login credentials. You are fully responsible for all activities that are associated with your account (including but not limited to any use of any of our Services, or communications from your account to NFTAVE). You agree to immediately notify us of any unauthorized use or suspected unauthorized use of your account or any other breach of security.
Using Our Marketplace Services. To use our marketplace-related blockchain Services to engage in NFT transactions, you must use a third-party digital wallet so that you will be able to engage in blockchain transactions through our marketplace. Your blockchain address functions as your identity on NFTAVE. Accordingly, to obtain a blockchain account to utilize our market-place related Services, you will need both a blockchain address and a third-party digital wallet. Your Registered Account on NFTAVE will be associated with your linked blockchain address and display the NFTs for that blockchain address (and, if applicable, any content associated with such NFTs).
Additional Information. We may require you to provide additional information and documents in certain circumstances, such as at the request of any government authority, as any applicable law or regulation dictates, or to investigate a potential violation of these Terms. In such cases, NFTAVE, in its sole discretion, may disable your Account and block your ability to access the Services until such additional information and documents are processed by NFTAVE. If you do not provide complete and accurate information in response to such a request, we may refuse to restore your access to the Services.
Disruption of Services Access. Your access and use of the Services may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance, or repair of the Services or other actions that NFTAVE in its sole discretion, may elect to take. If your Account becomes inactive for six months or longer, as determined by NFTAVE in its sole discretion, you understand that NFTAVE may disable your Account.
Communications from NFTAVE. By creating an Account, you consent to receive electronic communications from NFTAVE (e.g., via email, push notification, text messages, or other types of messages). These communications may include notices about your Account (e.g., transactional information) and are part of your relationship with us. We may also send you promotional communications via email we think will be of interest to you. You understand that you are not required to provide this consent as a condition of using the Services and you may opt out of these communications through the Services or through your mobile device’s operating system (with the possible exception of important Services announcements and administrative messages) by following the unsubscribe instructions provided.
If you are establishing an Account on behalf of a business entity, you must have been granted the authority to do so by that business entity.
By using your digital wallet in connection with our marketplace Services, you agree that you are using that wallet under the terms and conditions of the applicable provider of the wallet. Digital wallets are not operated by, maintained by, or affiliated with NFTAVE, and NFTAVE does not have custody or control over the contents of your digital wallet and has no ability to retrieve or transfer its contents. NFTAVE accepts no responsibility for, or liability to you, in connection with your use of a digital wallet and makes no representations or warranties regarding how our Services will operate with any specific digital wallet. You are solely responsible for keeping your digital wallet secure and you should never share your digital wallet credentials with anyone. If you discover an issue related to your digital wallet, please contact your wallet provider. Likewise, you are solely responsible for your Account and any associated digital wallet and we are not liable for any acts or omissions by you in connection with your Account or as a result of your Account or digital wallet being compromised. You agree to immediately notify us if you discover or otherwise suspect any security issues related to the Services or your Account. Use this link to contact us.
You also represent and warrant that you will comply with all applicable laws including, but not limited to, all local, state, federal and other laws when using the Services. Without limiting the foregoing, by using the Services, you represent and warrant that: (a) you are not located in, ordinarily resident in, or organized under the laws of any jurisdiction that is subject to a comprehensive U.S. Government embargo (“Embargoed Jurisdiction”); (b) you are not subject to any sanctions administered by an agency of the U.S. Government, any other government, or the United Nations (collectively, “Sanctions”); (c) you are not owned or controlled, directly or indirectly, by any person that is subject to Sanctions, or that is located in, ordinarily resident in, or organized under the laws of, any Embargoed Jurisdiction; (d) none of your officers, managers, directors, shareholders or authorized representatives is subject to Sanctions, or is located in, ordinarily resident in, or organized under the laws of, any Embargoed Jurisdiction, or is owned or controlled, directly or indirectly, by any person that is subject to Sanctions or that is located in, ordinarily resident in, or organized under the laws of, any Embargoed Jurisdiction. You further covenant that the foregoing shall be true during the entire period of this agreement. If you access or use the Services outside the United States, you are solely responsible for ensuring that your access and use of the Services in such country, territory or jurisdiction does not violate any applicable laws.
You also represent and warrant that you are solely responsible for paying any and all applicable taxes associated with the sale of your NFT. You are solely responsible for determining what, if any, taxes apply to your transactions and to withhold, collect, report, and remit the correct amounts of taxes to the appropriate tax authorities. NFTAVE is not responsible for determining, withholding, collecting, reporting, or remitting the taxes that apply to your NFTs.
You are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, and personal license to access and use the Services, providing however, that such license is subject to your compliance with these Terms. If any software, content, or other materials owned by, controlled by, or licensed to us are distributed or made available to you as part of your use of the Services, we hereby grant you a non-commercial, personal, non-assignable, non-sublicensable, non-transferrable, and non-exclusive right and license to access and display such software, content, and materials provided to you as part of the Services in each case for the sole purpose of enabling you to use the Services as permitted by these Terms, provided that your license in any content linked to or associated with any NFTs is solely as set forth by the applicable seller or creator of such NFT in, e.g., a smart contract between you and the applicable seller or creator of the NFT.
All the content displayed on our Website, including without limitation text, software code, graphics, photographs, images, layout, moving images, videos, sound, and illustrations (collectively the “Content”), is owned by NFTAVE, its licensors, agents, affiliates, or the party credited as the provider of the Content. All elements of the Website, including, without limitation, the Websites’ general design, our trademarks, Service marks, trade names (including our name, logos, the Website’s name, and the Website’s design), and other Content, are protected by trade dress, copyright, moral rights, trademark, copyrights, and other laws relating to intellectual property rights. The Website may only be used for the intended purpose for which it is being made available. Except as may be otherwise indicated on the Website, you are authorized to view, play, print and download documents, audio and video found on our Website for personal, informational, and non-commercial purposes only. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify the Content or the NFTAVE’s trademarks in any way, including in advertising or publicity pertaining to distribution of materials on the Website, without NFTAVE’s prior written consent. The use of NFTAVE’s trademarks on any other websites is not allowed. NFTAVE prohibits the use of our trademarks as a “hot” link on or to any other websites unless establishment of such a link is approved by us in advance. The Website, its Content and all related rights shall remain the exclusive property of NFTAVE or its licensors unless otherwise expressly agreed. You will not remove any copyright, trademark or other proprietary notices from any of the material found on our Website.
All other third-party trademarks, registered trademarks, and product names mentioned on the Website or contained in the Content linked to or associated with any NFTs displayed by our Services are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable intellectual property rights holder. Reference to any products, Services, processes or other information by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by NFTAVE.
Additionally, you agree that generally the NFT creator or owner retains ownership of all legal rights, titles, and interests in and to the underlying creation such as a painting, image, song, or book which is sold as an NFT absent any executed agreement to the contrary. You agree to comply with the terms of your NFT purchase agreement which may involve a smart contract between you and the NFT owner in which the owner conveys a limited license to use the content without conveying actual ownership of the content. Accordingly, 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 and content usage, while accessing or using the Services.
Additionally, NFTs may also be subject to terms directly between buyers and sellers with respect to the use of the NFT content and benefits associated with a given NFT (“Purchase Terms”). For example, when you click to get more details about any of the NFTs visible on our Website, you may see a third-party link to the creator’s website. Such a website may include Purchase Terms governing the use of the NFT that you will be required to comply with. Again, NFTAVE is not a party to any such Purchase Terms, which are solely between the buyer and the seller of the NFT. The buyer and seller are entirely responsible for communicating, promulgating, agreeing to, and enforcing Purchase Terms. You are solely responsible for reviewing such Purchase Terms.
By using the Services in conjunction with creating, submitting, posting, promoting, or displaying content, or by complying with our metadata standards in your metadata API responses, you grant us a worldwide, non-exclusive, sub-licensable, royalty-free license to use, copy, modify, and display any content, including but not limited to text, materials, images, files, communications, comments, feedback, suggestions, ideas, concepts, questions, data, or otherwise, that you submit or post on or through the Services for our current and future business purposes, including to provide, promote, and improve the Services. This includes any digital file, art, or other material linked to or associated with any NFTs that are displayed on the Services.
If and when you create, post, promote, or display content, you are representing and warranting that you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein for any content that you create, submit, post, promote, or display on or through the Services. You represent and warrant that such content does not contain material subject to another’s copyright, trademark, publicity rights, or other intellectual property rights, unless you have necessary permission to use the content or are otherwise legally entitled to post the material and to grant NFTAVE the license described above, and that the content does not violate any laws.
NFTAVE respects the intellectual property rights of others. Per the Digital Millennial Copyright Act (“DMCA”), NFTAVE will respond expeditiously to claims of copyright infringement on the Website if submitted to NFTAVE’s Copyright Agent as described below. Upon receipt of a notice alleging copyright infringement, NFTAVE will take whatever action it deems appropriate within its sole discretion, including removal of the allegedly infringing materials and termination of access for repeat infringers of copyright protected content.
If you believe that your intellectual property rights have been violated by NFTAVE or by a third party who has uploaded materials to our website, please provide the following information to the designated Copyright Agent listed below:
NFTAVE may request additional information before removing any allegedly infringing material. In the event NFTAVE removes the allegedly infringing materials, NFTAVE will immediately notify the person responsible for posting such materials that NFTAVE removed or disabled access to the materials. NFTAVE may also provide the responsible person with your contact information so that the person may respond to your allegations.
Pursuant to 17 U.S.C. 512(c), NFTAVE Inc.’s designated Copyright Agent is:
Our Services may also contain links or functionality to access or use third-party websites (“Third-Party Websites”) and applications (“Third-Party Applications”), or otherwise display, include, or make available content, data, information, Services, applications, or materials from third parties (“Third-Party Materials”). When you click on a link to, or access and use, a Third-Party Website or Third-Party Application, though we may not warn you that you have left our Services, you are subject to the terms and conditions (including privacy policies) of another website or destination. Such Third-Party Websites, Third-Party Applications, and Third-Party Materials are not under the control of NFTAVE and may be “open” applications for which no recourse is possible. NFTAVE is not responsible or liable for any Third-Party Websites, Third-Party Applications, and Third-Party Materials. NFTAVE provides links to 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 or associated Third-Party Materials. You use all links in Third-Party Websites, Third-Party Applications, and Third-Party Materials at your own risk.
This Section XI should be reviewed in conjunction with Section III. We are intent on providing all users with an enjoyable and safe experience in using our Services and accessing Web3. However, in doing so, we are dedicated to protecting our users and complying with our legal obligations. As such, we reserve the right to take any action with or without notice if we believe you have violated these Terms. This may include removing your ability to view certain NFTs on the Services or use our Services to interact with the NFTs; disabling your ability to use the Services in conjunction with buying, selling, and/or transferring NFTs available on blockchains; disabling your ability to access our Services; and/or other actions we deem proper and necessary. The following actions by you may result in one or more of the above actions.
YOUR ACCESS TO AND USE OF THE SERVICES IS AT YOUR OWN RISK. YOU UNDERSTAND AND AGREE THAT THE SERVICES IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND NFTAVE EXPRESSLY DISCLAIMS WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. NFTAVE (AND ITS SUPPLIERS) MAKE NO WARRANTY OR REPRESENTATION AND DISCLAIM ALL RESPONSIBILITY FOR WHETHER THE SERVICES: (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. NFTAVE DISCLAIMS 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. NFTAVE 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 SERVICES. WHILE NFTAVE ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE SERVICES SAFE, NFTAVE CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICES, CONTENT, CONTENT LINKED TO OR ASSOCIATED WITH ANY NFTS, OR ANY NFTS YOU INTERACT WITH USING OUR SERVICES OR OUR SERVICES PROVIDERS’ SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE CANNOT GUARANTEE THE SECURITY OF ANY DATA THAT YOU DISCLOSE ONLINE. NO ADVICE OR INFORMATION, WHETHER ORAL OR OBTAINED FROM THE NFTAVE PARTIES OR THROUGH THE SERVICES, WILL CREATE ANY WARRANTY OR REPRESENTATION NOT EXPRESSLY MADE HEREIN. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND WILL NOT HOLD NFTAVE RESPONSIBLE FOR ANY BREACH OF SECURITY.
WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS AND TAKE NO RESPONSIBILITY FOR, AND WILL NOT BE LIABLE TO YOU FOR, ANY USE OF NFTS, CONTENT, AND/OR CONTENT LINKED TO OR ASSOCIATED WITH NFTS, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES, OR CLAIMS ARISING FROM: (A) USER ERROR, INCORRECTLY CONSTRUCTED TRANSACTIONS, OR MISTYPED ADDRESSES; (B) SERVER FAILURE OR DATA LOSS; (C) UNAUTHORIZED ACCESS OR USE; (D) ANY UNAUTHORIZED THIRD-PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION THE USE OF VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK AGAINST THE SERVICES OR NFTS.
NFTS EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED IN THE ASSOCIATED BLOCKCHAIN (E.G., ETHEREUM NETWORK). ANY TRANSFERS OR SALES OCCUR ON THE ASSOCIATED BLOCKCHAIN (E.G., ETHEREUM). NFTAVE AND/OR ANY OTHER NFTAVE PARTY CANNOT EFFECUATE OR OTHERWISE CONTROL THE TRANSFER OF TITLE OR RIGHT IN ANY NFTS OR UNDERLYING OR ASSOCIATED CONTENT OR ITEMS.
NO NFTAVE PARTY IS 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. NO NFTAVE PARTY IS RESPONSIBLE FOR LOSSES OR INJURY DUE TO LATE REPORTS BY DEVELOPERS OR REPRESENTATIVES (OR NO REPORT AT ALL) OF ANY ISSUES WITH THE BLOCKCHAIN SUPPORTING THE NFTS, INCLUDING FORKS, TECHNICAL NODE ISSUES OR ANY OTHER ISSUES HAVING LOSSES OR INJURY AS A RESULT.
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT IN NO EVENT WILL NFTAVE OR ITS SERVICES PROVIDERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM THESE TERMS OR THE SERVICES, 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 STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE AND EVEN IF NFTAVE OR ITS SERVICES PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR (B) FOR ANY OTHER CLAIM, DEMAND, OR DAMAGES WHATSOEVER RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF THE DELIVERY, USE, OR PERFORMANCE OF THE SERVICES. ACCESS TO, AND USE OF, THE SERVICES, 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.
WE RESERVE THE RIGHT IN OUR SOLE DISCRETION TO MODIFY, SUSPEND, OR DISCONTINUE, TEMPORARILY OR PERMANENTLY, THE SERVICES (OR ANY FEATURES OR PARTS THEREOF) AT ANY TIME AND WITHOUT LIABILITY AS A RESULT.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF NFTAVE ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS, THE ACCESS TO AND USE OF THE SERVICES, CONTENT, NFTS, OR ANY NFTAVE PRODUCTS OR SERVICESS EXCEED THE GREATER OF (A) $100 OR (B) THE AMOUNT RECEIVED BY NFTAVE FOR ITS SERVICES DIRECTLY RELATING TO THE ITEMS THAT ARE THE SUBJECT OF THE CLAIM. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Please read the following arbitration agreement in this Section (“Arbitration Agreement”) carefully. It requires you to arbitrate disputes with NFTAVE and limits the manner in which you can seek relief from us. This section does not govern disputes between users or between users and third parties. NFTAVE does not provide dispute resolution services for such disagreements and the parties must resolve those disputes directly between themselves.
By agreeing to these Terms and accessing the Services, you agree, to the fullest extent permitted by applicable law, to indemnify, defend, and hold harmless NFTAVE, and our respective past, present, and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, Services providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors, and assigns (individually and collectively, the “NFTAVE Parties”), from and against all actual or alleged claims, damages, awards, judgments, losses, liabilities, obligations, taxes, 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 Services, content, NFTs, or content linked to or associated with any NFTs (b) any Feedback you provide, (c) your violation or breach of any term of these Terms or applicable law, and (d) your violation of the rights of or obligations to a third party, including another user or third-party, and (e) your negligence or willful misconduct. You agree to promptly notify NFTAVE of any Claims and cooperate with the NFTAVE Parties in defending such Claims. You further agree that the NFTAVE Parties shall have control of the defense or settlement of any Claims. THIS INDEMNITY IS IN ADDITION TO, AND NOT IN LIEU OF, ANY OTHER INDEMNITIES SET FORTH IN A WRITTEN AGREEMENT BETWEEN YOU AND NFTAVE.
These Terms and your access to and use of the Services shall be governed by and construed and enforced in accordance with the laws of the State of Delaware (without regard to conflict of law rules or principles of the State of Delaware, or any other jurisdiction that would cause the application of the laws of any other jurisdiction). Any dispute between the parties that is not subject to arbitration as set forth in Section XVI or cannot be heard in small claims court, shall be resolved in the state or federal courts of the State of Delaware and the United States, respectively, sitting in the State of Delaware.
The Services is operated and provided by us in the United States. Those who choose to access the Services from locations outside the United States do so at their own initiative and are responsible for compliance with applicable local laws. You and NFTAVE agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply to the interpretation or construction of these Terms. Instead, the law of the State of Delaware shall be applied to the interpretation and construction of these Terms in the event of a legal dispute.
If you breach any of the provisions of these Terms, all licenses granted by NFTAVE will terminate automatically. Additionally, notwithstanding anything contained in these Terms, we reserve the right, with or without notice and in our sole discretion, to suspend, disable, terminate, or delete your Account and/or your ability to access or use the Services (or any part of the foregoing) 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.
You agree that a breach of these Terms will cause irreparable injury to NFTAVE for which monetary damages would not be an adequate remedy and NFTAVE shall be entitled to equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security, or proof of damages.
You agree that you will not export or re-export, directly or indirectly, the Services, and/or other information or materials provided by NFTAVE hereunder, to any country for which the United States or any other relevant jurisdiction requires any export license or other governmental approval at the time of export without first obtaining such license or approval. In particular, but without limitation, the Services may not be exported or re-exported (a) into any U.S. embargoed countries or any country that has been designated by the U.S. Government as a “terrorist supporting” country, or (b) to anyone listed on any U.S. Government list of prohibited or restricted parties, including the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Services, you represent and warrant that you are not located in any such country or on any such list. You are responsible for and hereby agree to comply at your sole expense with all applicable United States export laws and regulations.
All sections which by their nature should survive the termination of these Terms shall continue in full force and effect subsequent to and notwithstanding any termination of these Terms by NFTAVE or you. Termination will not limit any of NFTAVE’s other rights or remedies at law or in equity. The sections which shall survive termination include but are not limited to Sections IV, VI, VIII, IX, XI, XII, XIII, XVI, XVII, XVIII, XX, and XXI.
If any term, clause, or provision of these Terms is held invalid or unenforceable, then that term, clause, or provision will be severable from these Terms 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 these Terms.