Terms of Service | niftease

niftease.io
Terms-of-Service Agreement

Last Updated: February 24, 2021

BBM Enterprises, Inc., a Delaware corporation (“Company,” “we,” or “us”), welcomes you to www.niftease.io (“Website”). It is important to us that you and other visitors have the best experience while using our Website, and that, when you use our Website, you understand your legal rights and obligations. Please read this terms-of-service agreement, which is a legal agreement between you and us that governs your access to and use of the Website, including our services, the software provided on or in connection with the Website, and the creation, purchase, sale, exchange, or modification of certain digital assets. You may access the Website only if you agree to this agreement. Please pay attention to the following sections of this agreement: (1) disclaimer of warranties (section 15); (2) limitation of liability (section 17); (3) place for resolving disputes (section 21.2); (4) mandatory arbitration (section 22.1); (5) class action waiver (section 22.5); and (6) limitation on time to file disputes (section 22.6).

Notice Regarding Dispute Resolution: This agreement contains provisions that govern how claims you and we may have against each other are resolved (see section 22 below), including an agreement to arbitrate disputes, which will require you to submit claims you have against us to binding arbitration. Please read the arbitration provision (section 22.1) in this agreement as it affects your rights under this agreement.

Minors Prohibited: Our Website may have adult-oriented content and the Website is thus not intended for children. Only individuals (1) who are at least 18-years old and (2) who have reached the age of majority where they live may access our Website. We forbid all individuals who do not meet these age requirements from accessing our Website.

Section 230(d) Notice: Under 47 U.S.C. § 230(d), you are notified that parental control protections (including computer hardware, software, or filtering services) are commercially available that may help in limiting access to material that is harmful to minors. You may find information about providers of these protections on the Internet by searching “parental control protection” or similar terms. If minors have access to your computer, please restrain their access to sexually explicit material by using these products, which we provide for informational purposes only and do not endorse: CYBERsitter™ | Net Nanny® | CyberPatrol | ASACP.

Child Pornography Prohibited: We prohibit content involving minors on the Website. We only allow visual media of consenting adults for consenting adults on the Website. If you see any visual media, real or simulated, depicting minors engaged in sexual activity within the Website or that is otherwise exploitative of children, please promptly report this to us at abuse@niftease.io. Please include with your report all appropriate evidence, including the date and time of identification. We will promptly investigate all reports and take proper action. We fully cooperate with any law enforcement agency investigating alleged child pornography or sexual abuse of minors.

Prostitution and Sex Trafficking Prohibited: We prohibit using the Website or its interactive services in any way to engage in, take part in, aid, support, promote, ask for, or ease any act of prostitution of another person or sex trafficking of another person. This includes using the Website or its interactive services to share personal contact details or arrange face-to-face meetings. If you see any evidence of this on the Website, please promptly report this to us at abuse@niftease.io. Please include with your report all evidence, including the date and time of identification. We will promptly investigate all reports and take proper action. We will terminate the account of any person engaging in any prostitution or sex trafficking, and we will report all individuals suspected of promoting or facilitating the prostitution of another person or sex trafficking to the appropriate law enforcement agency. We will fully cooperate with any law-enforcement agency investigating prostitution or sex trafficking.

Introduction
1. The Website allows you to sell and buy Crypto Assets via auction (“Auction”). Detailed rules regarding the Auction process are available at [INSERT URL FOR AUCTION RULES FAQ PAGE]. You may only participate in the Auction by linking your digital wallets on supported bridge extensions. Electronic wallets allow you to buy, store, and engage in transactions using cryptocurrency. Before putting up your unique digital asset for Auction or putting in an offer to buy a unique digital asset from another user, we will ask you to download a supported electronic wallet extension and connect and unlock your digital wallets with that extension. Once you submit an order to sell or buy a unique digital asset, your order is passed on to the applicable extension, which completes the transaction on your behalf. “Crypto Assets” refers to unique non-fungible tokens, implemented on the blockchain using smart contracts.
2. All transactions initiated through our Website are facilitated and run by those third-party electronic wallet extensions, and by using our Website you agree that you are governed by the terms of service and privacy policy for the applicable extensions.
3. Niftease is a platform. We are not a broker, financial institution, or creditor. The Website is an administrative platform only. We facilitate transactions between the buyer and the seller in the Auction but are not a party to any agreement between the buyer and the seller of Crypto Assets or between any users.
4. You bear full responsibility for verifying the identity, legitimacy, and authenticity of assets you buy on the Website. Despite indicators and messages that suggest verification, we make no claim about the identity, legitimacy, or authenticity of assets on the Website.
5. This agreement applies to all users of the Website, whether you are a “visitor” or a “registered user.” By clicking on the “I Agree” button on the warning page, completing the account registration process, using our services, buying Crypto Assets, or accessing any part of the Website, you agree to be bound by this agreement. If you do not want to agree to this agreement, you must leave the Website. If you breach any part of this agreement, we may revoke your license to access the Website, block your access, and suspend or cancel your account (if you have one).
6. We may change this agreement on one or more occasions by updating this page. The top of this page will tell you when we last updated this agreement. Changes take effect on the “last updated” date stated on the top of this page. Changes will not operate retroactively. We will try to let you know when we change this agreement if we can do so in a reasonable way. But you should frequently check this page to make sure that you are operating under the most current version of this agreement. We will consider your continued use of the Website after we post the changes as your acceptance of the changes even if you do not read them. If you do not agree to the changes, your sole remedy is to cancel your account and stop accessing the Website.
7. If you have any questions about this agreement or any questions or comments about the Website, please email us at support@niftease.io.
Eligibility; Adult-Oriented Content. The Website contains sexually explicit material that is unsuitable for minors. Only individuals (1) who are at least 18-years old and (2) who have reached the age of majority where they live may access the Website. If you do not meet these age requirements, you must not access the Website and must leave now. By accessing the Website, you state that the following facts are accurate:
1. You are at least 18-years old, have reached the age of majority where you live, and you have the legal capacity to enter into this agreement;
2. You are aware of the adult nature of the content available on the Website, and you are not offended by visual images, verbal descriptions, and audio sounds of a sexual nature, including graphic visual depictions and descriptions of nudity and sexual activity;
3. You are familiar with your community’s laws affecting your right to access adult-oriented materials;
4. You have the legal right to access adult-oriented materials, and we have the legal right to transmit them to you;
5. You are voluntarily requesting adult-oriented materials for your own private enjoyment;
6. You are not accessing the Website from a place, country, or location in which doing so would, or could be considered a violation of applicable law; and
7. You will not share this Website or any materials on it with a minor or otherwise make it available to a minor.
Accessing the Website. We may withdraw or amend our Website, and any service or material provided on it, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users. You are responsible for making all arrangements necessary for you to have access to the Website and its content.
Account Registration and Communication Preferences
1. Account Creation. If you want to participate in an Auction for Crypto Assets, you must create an account. Registration is free and for a single user only. To create an account, you must provide accurate information as prompted by the registration form. You also must choose a password and a username. You must not choose a username that is offensive or that infringes a person’s service mark, trademark, or trade name. By creating an account, you state to us that (a) all account registration and profile information you provide is your own and is accurate; (b) if you previously had an account on the Website, we did not suspend or terminate that account for breach of this agreement; and (c) you are creating an account for your own personal use, and you will not sell, rent, or transfer your account to any third party.
2. Responsibility for Account. You are responsible for keeping your password and account confidential. Further, you are responsible for all activities that occur under your account. You must let us know promptly of any unauthorized use of your account or any other security breach. You must not sell, rent, lease, share, or provide access to your account to anyone else, including charging anyone for access to administrative rights on your account. We may disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any reason or no reason, including if you have violated any part of this agreement.
3. Liability for Account Misuse. We will not be liable for any loss that you may incur because of someone else using your password or account, either with or without your knowledge. You could be held liable for losses incurred by us or another person because of someone else using your password or account.
4. Use of Other Accounts. You must not use anyone else’s account at any time.
5. Account Security. We care about the integrity and security of your personal information. But we cannot guarantee that unauthorized persons will never be able to defeat the Website’s security measures or use any personal information you provide to us for improper purposes. You acknowledge that you provide your personal information at your own risk.
6. Communication Preferences. By registering for an account, you consent to receive electronic communications from us relating to your account. These communications may involve sending emails to the email address you provided during registration or posting communications on the Website and will include notices about your account (e.g., change in password, confirmation emails, and other transactional information) and are part of your relationship with us. You acknowledge that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing. We recommend that you keep copies of electronic communications by printing a paper copy or saving an electronic copy. You also consent to receive certain other communications from us, including newsletters about new features and content, exclusive offers, promotional announcements, and customer surveys via email or other methods. You acknowledge that communications you receive from us may have sexually explicit material unsuitable for minors. If you no longer want to receive certain non-transactional communications from us, please review the Privacy Policy on how to opt out of marketing communications.
Intellectual Property Rights
1. Ownership. The Company owns and operates the Website. All content, features, functionality, and other materials found on the Website, including all visual interfaces, graphics, information, software (including source code and object code), text, displays, images, photos, videos, and audio, and the design, selection, and arrangement of them (collectively, “Materials”) are owned by the Company, its licensors, or other providers of those Materials. United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws protect all Materials found on the Website.
2. License Grant. The Company hereby grants you a limited, nonsublicensable license (i.e., a personal and limited right) to access and use the Website and the Materials for your personal, noncommercial use only. You must not reproduce, distribute, resell, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the Materials on the Website, except as follows:
  1. Your computer may temporarily store copies of the Materials in RAM incidental to your accessing and viewing those materials.
  2. You may store files that are automatically cached by your Web browser for display enhancement purposes.
  3. You may print or download one copy of a reasonable number of pages of the Website for your own personal, noncommercial use and not for further reproduction, publication, or distribution.
  4. You may download or stream any audiovisual content to which you have properly gained access solely for your personal, noncommercial use and not for further reproduction, publication, or distribution.
  5. If we offer desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, noncommercial use, subject to our end user license agreement for those applications.
  6. If we provide social media features with certain content, you may take those actions as are enabled by those features.
3. License Restrictions
  1. You must not:
    1. Modify copies of any Materials from the Website.
    2. Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
    3. Delete or alter any copyright, trademark, or other proprietary rights notices from copies of the Materials from the Website.
  2. You must not access or use for any commercial purposes any part of the Website or the Materials available through the Website unless we agree otherwise in writing.
  3. If you print, copy, modify, stream, download, record, or otherwise use or provide any other person with access to any part of the Materials in breach of this agreement, your right to use the Website will end immediately and you must, at our option, return or destroy any copies of the Materials you have made. No interest in or to the Website or any Materials on the Website is transferred to you, and we reserve all rights not expressly granted. Any use of the Website not expressly permitted by this agreement is a breach of this agreement and may violate copyright, trademark, and other laws.
  4. Notwithstanding anything to the contrary in this agreement, the Website may include software components provided by us or our affiliates or a third party that are subject to separate license terms, in which case those license terms will govern those software components. For example, when you click to get more details about any of the Crypto Assets sold through our marketplace, you will notice a third-party link to the website from which that Crypto Asset originated. That website may include license terms governing the use of that Crypto Asset. If you buy that Crypto Asset through our marketplace, you are required to comply with those terms.
4. Trademarks. The Company’s name and logo; the term NIFTEASE; the Website’s logo; and all related names, domain names, logos, product and service names, designs, and slogans, as well as the Website’s look and feel, including all page headers, custom graphics, button icons, and scripts are trademarks or trade dress of the Company, its affiliates, or licensors. You must not use those marks in whole or in part in connection with any product or service that is not ours, in any manner that is likely to cause confusion among consumers, or in any manner that disparages or discredits us, without first obtaining our prior written permission. Any use of these marks must be under any guidelines that we may provide you from time to time. All other service marks, trademarks, trade names, logos, product and service names, designs, and slogans on this Website are the marks of their respective owners. Reference on the Website to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply our endorsement, sponsorship, or recommendation or any other affiliation.
Prohibited Uses and User Conduct
1. You may use the Website only for lawful purposes under this agreement. You must not use the Website:
  1. In any way that violates any applicable federal, state, local, or international law or regulation (including any laws about the export of data or software to and from the U.S. or other countries).
  2. To exploit, harm, or to try to exploit or harm minors in any way by exposing them to inappropriate content, asking for personal information, or otherwise.
  3. To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards stated in this agreement.
  4. To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
  5. To create or list counterfeit items.
  6. To impersonate or try to impersonate us, a Company employee, another user, or any other person or entity (including by using email addresses or usernames associated with any of the preceding).
  7. To carry out any illegal activities, including money laundering, terrorist financing, or promotion of prostitution of another person.
  8. To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as we decide, may harm us or our Website’s users or expose them or us to liability.
  9. To engage in wash trading or other deceptive or manipulative trading activities.
  10. To place misleading bids or offers.
  11. To carry out any financial activities subject to registration or licensing, including creating, listing, or buying securities, commodities, options, real estate, or debt instruments.
  12. To participate in fundraising for a business, protocol, or platform, including creating, listing, or buying assets that are redeemable for financial instruments, assets that give owners rights to participate in an ICO or any securities offerings, or assets that entitle owners to financial rewards, including DeFi yield bonuses, staking bonuses, and burn discounts.
2. Additionally, you must not:
  1. Use the Website in any way that could disable, overburden, damage, or impair the Website or interfere with any other person’s use of the Website, including their ability to engage in real-time activities through the Website.
  2. Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the Materials.
  3. Use any manual process to monitor or copy any of the Materials or for any other unauthorized purpose without our prior written consent.
  4. Use any device, software, or routine that interferes with the proper working of the Website.
  5. Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  6. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any part of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
  7. Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
  8. Otherwise try to interfere with the Website’s proper working.
3. The Website facilitates trade among a diverse community of buyers and sellers. Openness is one of our most prized values, and we are committed to providing a website for the exchange of a wide range of content, including controversial content. These policies ensure that our marketplace offers the widest selection of assets possible while promoting trust and respect, as well as adherence to the law.
4. We have always exercised judgment in allowing or disallowing certain assets, listings, smart contracts, and collections consistent with the spirit of openness in a worldwide community of users of an innovative technology. We carefully consider the complete situation and all its details in light of our policies before deciding to remove inappropriate assets, listings, smart contracts, and collections when we discover them, or they are brought to our attention.
5. Assets, listings, smart contracts, and collections that we consider inappropriate, disruptive, or illegal are prohibited on the Website. We reserve the rights to determine the appropriateness of listings on the Website and remove any listing at any time. If you create or offer an asset, listing, smart contract, or collection in violation of these policies, we will take corrective actions, as appropriate, including removing the asset, listing, smart contract, or collection, deleting your account, and permanently withholding payments. We cannot destroy or impound your assets or smart contracts, but we reserve the right to destroy inappropriate metadata stored on our servers.
6. Assets, listings, smart contracts, and collections that include metadata that violates international or United States intellectual property laws, promotes suicide or self-harm, incites hate or violence against others, degrades or doxes another individual, depicts minors in sexually suggestive situations, or is otherwise illegal in the United States are prohibited on the Website and will be removed.
7. Assets, listings, smart contracts, and collections with a primary or substantial purpose in an application that violates international or United States intellectual property laws, promotes suicide or self-harm, incites hate or violence against others, degrades or doxes another individual, depicts minors in sexually suggestive situations, or is otherwise illegal in the United States are prohibited on the Website and will be removed.
8. Assets, listings, smart contracts, and collections created or used primarily or substantially to raise funds for the known terrorist organizations listed on https://www.state.gov/foreign-terrorist-organizations/ are prohibited on the Website and will be removed.
9. The sale of stolen assets, assets taken without authorization, and otherwise illegally obtained assets on the Website is prohibited. If you have reason to believe that an asset listed on the Website was illegally obtained, please contact us immediately. Listing illegally obtained assets may result in your listings being cancelled, your assets being hidden, or your account being suspended.
10. Do not create or list illegal or offensive content, such as images that depict children under 18-years old in a sexually suggestive manner.
11. If you become aware of the creation, listing, or buying of assets in violation of any of the terms specified in this section, you shall contact us at abuse@niftease.io to report it. Content creators bear special responsibility for informing us of the existence of their collections, contracts, and assets that violate this agreement.
User Content
1. In General. The Website allows users to create, post, submit, publish, display, transmit, or otherwise make available content of their own creation on or through the Website (collectively, “post”), including photos, videos, images, audio (for example, music and other sounds), text, graphics, trademarks, logos, and artwork (collectively, “User Content”). All User Content must comply with the Content Standards set out in section 9. We do not claim any ownership rights in your User Content. You continue to retain any ownership rights that you may have in your User Content subject to the licenses granted in section 7.2. Unless we agree otherwise in writing, we will consider nonconfidential and nonproprietary any User Content you post to the Website.
2. License Grant. By posting any User Content on the Website, you hereby grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns an unrestricted, worldwide, fully sublicensable, non-exclusive, royalty-free license to (a) use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display that User Content (including for promoting and redistributing any part of the Website (and derivative works of that User Content)) in any form, format, media, or media channels now known or later developed or discovered; and (b) use the name, identity, likeness, and voice (or other biographical information) that you submit with that User Content. If any User Content contains the name, identity, likeness, and voice (or other biographical information) of a third party, you state that you have obtained the appropriate consents and licenses for your use of those features and that the Company and its affiliates and service providers, and each of their and the Company’s respective licensees, successors, and assigns are allowed to use them to the extent indicated in this agreement. In addition, you also hereby grant each other user of the Website a worldwide, nonexclusive, royalty-free license to access your User Content through the Website, and to use that User Content, including to reproduce, distribute, prepare derivative works, display, and perform it, only as enabled by a feature of the Website (such as video playback or embeds). This license does not grant any rights or permissions for a user to make use of your User Content independent of the Website. The licenses granted by you continue for a commercially reasonable period after you remove or delete your User Content from the Website. You understand, however, that we may keep, but not display, distribute, or perform, server copies of your User Content that have been removed or deleted.
3. Representations and Warranties. You state that the following facts are accurate about the User Content you post on or through the Website: (a) you own or control all rights in and to that User Content and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns; (b) your User Content does not and will not infringe, violate, or misappropriate any third-party right, including any copyright, service mark, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right or defame any other person; (c) your User Content includes no viruses, adware, spyware, worms, or other harmful or malicious code; and (d) your User Content otherwise complies with this agreement.
4. Acknowledgment. You acknowledge that you are responsible for any User Content you post, and you, not us, have full responsibility for that User Content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any person for the content or accuracy of any User Content posted by you or any other user.
5. User Content is Uploaded at Your Own Risk. We use reasonable security measures to try to protect User Content against unauthorized copying and distribution. However, we do not guarantee that any unauthorized copying, use, or distribution of User Content by third parties will not take place. To the fullest extent allowed by applicable law, we will not be liable for any unauthorized copying, use, or distribution of User Content by third parties, and you release and forever waive any claims you may have against us for any such unauthorized copying or use of the User Content, under any theory. The security measures to protect User Content used by us are provided “as is” and with no warranties, guarantees, conditions, assurances, or other terms that those security measures will withstand attempts to evade security mechanisms or that there will be no cracks, disablements, or other circumvention of those security measures.
6. Obligations Under 18 U.S.C. § 2257. You should be aware that, under United States federal law, any visual depictions that you post or share on or through the Website that portrays “actual sexually explicit conduct,” “depictions of the genitals or pubic area,” or “simulated sexually explicit activity,” as those terms are defined in 18 U.S.C. §§ 2256(2)(A)(i)–(iv) and 2257A, require that you maintain the records listed under 18 U.S.C. § 2257, and any such postings must contain a “18 U.S.C. § 2257 Record-Keeping Requirements Compliance Statement.” Your failure to comply with the provisions of 18 U.S.C. § 2257 may make you subject to criminal and civil prosecution for the violation of federal law.
Monitoring and Enforcement; Termination
1. We may:
  1. Remove or refuse to post any User Content for any or no reason in our sole discretion.
  2. Take any action concerning any User Content that we consider necessary or appropriate in our sole discretion, including if we believe that the User Content violates this agreement, including the Content Standards stated in section 9, infringes any intellectual property right or another right of any person or entity, threatens the personal safety of the Website’s users or the public, or could create liability for the Company.
  3. Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy
  4. Take appropriate legal action, including referral to law enforcement, for any illegal or unauthorized use of the Website.
  5. Terminate or suspend your access to all or part of the Website for any reason or no reason, including violation of this agreement.
2. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. You hereby waive and hold harmless the Company and its affiliates, licensees, and service providers from any claims resulting from any action taken during, or taken as a consequence of, investigations by either the Company or law enforcement authorities.
3. We do not undertake to review material before it is posted on the Website and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section 8.
Content Standards. These content standards apply to all User Content posted on the Website. User Content must, in its entirety, comply with all applicable federal, state, local, and international laws and regulations. User Content must not:
1. Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, threatening, violent, hateful, inflammatory, or otherwise objectionable.
2. Promote violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
3. Infringe any copyright, patent, trademark, trade secret, or other intellectual property or other rights of any other person.
4. Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with this agreement or our Privacy Policy.
5. Be likely to deceive any person.
6. Promote or solicit any illegal activity, or advocate, promote, or assist any unlawful act, including promoting or facilitating the prostitution of another person, sex trafficking, or human trafficking.
7. Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
8. Impersonate any person or misrepresent your identity or affiliation with any person or organization.
9. Involve commercial activities or sales, including unsanctioned contests, sweepstakes, and other sales promotions, barter, or advertising.
10. Give the impression that they emanate from or are endorsed by us or any other person or entity, if that is not the case.
11. Contain viruses, worms, Trojan horses, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, mobile device, or telecommunications equipment.
12. Depict private or personal information of any person without their written consent.
13. Request personal information from or share personal information with any user, including financial information, email address, telephone number, or mailing address.
14. Request money from, or otherwise defraud Website users.
15. Promote or depict child pornography, pedophilia, child exploitation, age-play, incest, rape or nonconsensual sex, extreme violence, torture, nonconsensual pain, blood, cutting, erotic asphyxiation, torture, necrophilia, sadomasochistic abuse or bondage, genital mutilation, bestiality, urination, defecation, enema play, vomiting, menstrual bleeding, paraphilia, or any other matter that would be considered obscene under the applicable community standards.
Copyright Infringement. If you believe that any Materials on the Website violates your copyright, please see our Copyright Policy for instructions on sending us a notice of copyright infringement. It is our policy to terminate the user accounts of repeat infringers.
Third-Party Content
1. In addition to the User Content, we may provide other third-party content on the Website (collectively, “Third-Party Content”). We do not control or endorse any Third-Party Content and make no representation or warranties about the Third-Party Content, including its accuracy or completeness. We do not create Third-Party Content, update it, or monitor it. Thus, we are not responsible for any Third-Party Content on the Website.
2. You are responsible for deciding if you want to access or use third-party websites or applications that link from the Website (“Reference Sites”). We do not control or endorse any such Reference Sites, or the information, materials, products, or services contained on or accessible through them, and we are not making any representations or warranties about the Reference Sites. Further, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Website are solely between you and that advertiser. Access and use of Reference Sites, including the information, materials, products, and services on or available through Reference Sites is solely at your own risk.
Changes to the Website. We may update the Materials on this Website from time to time, but the Website’s Materials are not necessarily complete or up to date. The Website’s Materials may be out of date at any given time, and we are not required to update those Materials.
Information About You and Your Visits to the Website. For information about how we collect, use, and share your personal information, please review our Privacy Policy.
Access Outside of the United States. The owner of the Website is based in the state of Delaware in the United States of America. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for complying with local laws.
Disclaimers
1. You acknowledge that we cannot and do not state that files available for downloading from the Internet or the Website will be free from loss, corruption, attack, viruses or other destructive code, interference, hacking, or other security intrusions. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for antivirus protection and accuracy of data input and output, and for keeping a means external to the Website for any reconstruction of any lost data. We will not be liable for any loss or damage caused by (a) a distributed denial-of-service attack, viruses, or other technologically harmful material that might infect your computer equipment, mobile device, computer programs, data, or other proprietary material because of your use of the Website or any services or items obtained through the Website; or (b) by your downloading of any material posted on the Website or on any website linked to it.
2. You use the Website, the Materials, and any services or items obtained through the Website at your own risk. We provide the Website, the Materials, and any services or items obtained through the Website “as is” and “as available,” without making any warranty, either express or implied. Neither we nor any person associated with us is making any warranty with respect to the Website’s completeness, security, reliability, quality, accuracy, or availability. Neither we nor anyone associated with us is making any warranty (1) that the Website, the Materials, or any services or items obtained through the Website will be accurate, reliable, error-free, or uninterrupted; (2) that defects will be corrected; or (3) that the Website or any services or items obtained through it will otherwise meet your needs or expectations. While we try to make your access to and use of the Website and the Materials safe, we cannot and do not represent or warrant that the Website, the Materials, any Crypto Assets listed on our Website, or our servers are free of viruses or other harmful components. We cannot guarantee the security of any data that you disclose on the Website. You accept the inherent security risks of providing information and dealing online over the Internet and will not hold us responsible for any breach of security unless it is due to our gross negligence.
3. We are not making any warranty about the Website, whether express, implied, statutory, or otherwise, including any warranties of merchantability, noninfringement, and fitness for a particular purpose. No advice or information, whether oral or written, obtained from the Company, the Website, or elsewhere will create any warranty not expressly stated in this agreement.
4. 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 Crypto Assets, including any losses, damages, or claims arising from: (a) user error such as forgotten passwords, incorrectly constructed transactions, or mistyped addresses; (b) server failure or data loss; (c) corrupted wallet files; (d) unauthorized access to applications; (e) any unauthorized third party activities, including the use of viruses, phishing, brute forcing, or other means of attack against the Website or Crypto Assets.
5. Crypto Assets are intangible digital assets. They exist only by virtue of the ownership record maintained in the applicable blockchain network. Any transfer of title that might occur in any unique digital asset occurs on the decentralized ledger within the applicable blockchain platform. We do not guarantee that the Company or any other party can effect the transfer of title or right in any Crypto Assets.
6. We are not responsible for sustained casualties due to vulnerability or any kind of failure, abnormal behavior of software (e.g., wallet, smart contract), blockchains, or any other features of the Crypto Assets. We are not responsible for casualties due to late report by developers or representatives (or no report at all) of any issues with the blockchain supporting Crypto Assets including forks, technical node issues, or any other issues having fund losses as a result.
Assumption of Risk. You accept and acknowledge:
1. The prices of blockchain assets are extremely volatile. Fluctuations in the price of other digital assets could materially and adversely affect the Crypto Assets, which may also be subject to significant price volatility. We cannot guarantee that any buyers of Crypto Assets will not lose money.
2. You are solely responsible for determining what, if any, taxes apply to your Crypto Asset transactions. Neither the Company nor any other party is responsible for determining the taxes that apply to Crypto Asset transactions.
3. Our Website does not store, send, or receive Crypto Assets. This is because Crypto Assets exist only by virtue of the ownership record maintained on its supporting blockchain. Any transfer of Crypto Assets occurs within the supporting blockchain and not on this Website.
4. There are risks associated with using an Internet based currency, including the risk of hardware, software, and Internet connections; the risk of malicious software introduction; and the risk that third parties may obtain unauthorized access to information stored within your wallet. You accept and acknowledge that we will not be responsible for any communication failures, disruptions, errors, distortions, or delays you may experience when using the Crypto Assets, however caused.
5. A lack of use or public interest in the creation and development of distributed ecosystems could negatively impact the development of those ecosystems and related applications, and could therefore also negatively impact the potential utility or value of Crypto Assets.
6. The regulatory regime governing blockchain technologies, cryptocurrencies, and tokens is uncertain, and new regulations or policies may materially adversely affect the development of the Auction or Website and the utility of Crypto Assets.
7. The Website relies on third-party platforms to perform the transactions for the Auction of Crypto Assets. If we are unable to maintain a good relationship with those platform providers; if the terms or pricing of those platform providers change; if we violate or cannot comply with the terms of those platforms; or if any of those platforms loses market share or falls out of favor or is unavailable for a prolonged period, access to and use of the Website will suffer.
8. There are risks associated with buying user generated content, including the risk of buying counterfeit assets, mislabeled assets, assets that are vulnerable to metadata decay, assets on smart contracts with bugs, and assets that may become untransferable. We reserve the right to hide collections, contracts, and assets affected by any of these issues or by other issues. Assets you buy may become inaccessible on the Website. Under no circumstances will the inability to view your assets on the Website serve as grounds for a claim against us.
Limitation of Liability
1. Unless caused by its gross negligence or intentional misconduct, the Company, its directors, officers, employees, agents, subsidiaries, affiliates, licensors, content providers, and service providers will not be liable to you or any third party for any direct, indirect, special (including so-called consequential damages), statutory, punitive, or exemplary damages arising out of or relating to your access or your inability to access the Website or the Materials. This exclusion applies regardless of the theory of liability and even if you told us about the possibility of those damages or we knew or should have known about the possibility of those damages.
2. The Company, its directors, officers, employees, agents, subsidiaries, affiliates, licensors, content providers, and service providers will not be liable to you or any third party for any damages for (1) personal injury, (2) pain and suffering, (3) emotional distress, (4) loss of revenue, (5) loss of profits, (6) loss of business or anticipated savings, (7) loss of use, (8) loss of goodwill, (9) loss of data, (10) loss of privacy, or (11) computer failure related to your access of or your inability to access the Website, the Materials, or any Crypto Assets. This exclusion applies regardless of the theory of liability and even if you told us about the possibility of those damages or we knew or should have known about the possibility of those damages.
3. If you are dissatisfied with the Website or have any other complaint, your exclusive remedy is to terminate your account (if you have one) and stop using the Website. The maximum liability of the Company and its directors, officers, employees, agents, subsidiaries, affiliates, licensors, content providers, and service providers to you for any claim will not exceed the greater of $250 and the amount received by the Company from the sale of Crypto Assets that are the subject of the claim even if the remedy fails of its essential purpose.
Scope of Disclaimers and Limitations. The disclaimers and limitations stated in sections 15 and 17 apply to the greatest extent allowed by law, but no more. We do not intend to deprive you of any mandatory protections provided to you by law. Because some jurisdictions may prohibit the disclaimer of some warranties, the limitation of some damages, or other matters, one or more of the disclaimers or limitations may not apply to you.
Waiver of California Civil Code Section 1542—California Residents Only. With respect to the releases of liability set out in this agreement, you acknowledge that you understand the consequences of entering into the general release and discharge of all known and unknown claims as stated in this agreement and that you are familiar with the provisions of section 1542 of the California Civil Code, which provides that:
A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.You waive all rights under section 1542 and any other federal or state statutes or laws of similar effect.
Indemnification
1. In General. You will pay the Company, its directors, officers, employees, agents, contractors, subsidiaries, affiliates, licensors, content providers, and service providers (collectively, “Indemnified Parties”) for any loss of an Indemnified Party that is caused by any of the following: (a) your access of, or conduct on, the Website; (b) your use or misuse of the Website, User Content, or Crypto Assets; (c) your breach of this agreement; (d) any feedback you provide; (e) your violation of rights of any person, including intellectual property, publicity, and privacy rights; (f) your violation of any applicable law; (g) your tortious acts or omissions; or (h) your criminal acts or omissions. But you are not required to pay if the loss was caused by the Indemnified Party’s intentional misconduct.
2. Definitions. “Loss” means an amount that the Indemnified Party is legally responsible for or pays in any form. Amounts include, for example, a judgment, a settlement, a fine, damages, injunctive relief, staff compensation, a decrease in property value, and expenses for defending against a claim for a loss (including fees for legal counsel, expert witnesses, and other advisers). A loss can be tangible or intangible; can arise from bodily injury, property damage, or other causes; can be based on tort, breach of contract, or any other theory of recovery; and includes incidental, direct, and consequential damages. A loss is “caused by” an event if the loss would not have happened without the event, even if the event is not a proximate cause of the loss.
3. Indemnified Party’s Duty to Notify You. If the Indemnified Party has your contact information, the Indemnified Party will notify you before the 30th day after the Indemnified Party knows or should reasonably have known of a claim for a loss that you might be compelled to pay. But the Indemnified Party’s failure to give you timely notice does not end your obligation, except if that failure prejudices your ability to defend or mitigate losses.
4. Legal Defense of a Claim. The Indemnified Party has control over defending a claim for a loss (including settling it) unless the Indemnified Party directs you to control the defense. If the Indemnified Party directs you to control the defense, you will not settle any litigation without the Indemnified Party’s written consent if the settlement (1) imposes a penalty or limitation on the Indemnified Party, (2) admits the Indemnified Party’s fault, or (3) does not fully release the Indemnified Party from liability. You and the Indemnified Party will cooperate with each other in good faith on a claim.
5. No Exclusivity. The Indemnified Parties’ rights under this section 20 do not affect other rights they might have.
Governing Law and Jurisdiction
1. Delaware law governs all matters arising out of or relating to the Website or this agreement without giving effect to any conflicts of law principles. This agreement’s predominant purpose is providing services and licensing access to intellectual property and not a “sale of goods.” The United Nations Convention on Contracts for the International Sale of Goods will not govern this agreement, the application of which is expressly excluded.
2. Except for disputes subject to arbitration, all disputes arising out of or relating to the Website or this agreement will be subject to the exclusive jurisdiction and venue of the United States District Court for the District of Delaware or any state court of competent jurisdiction in New Castle County, Delaware. Each party submits to the personal jurisdiction of the United States District Court for the District of Delaware and the state courts of competent jurisdiction in New Castle County, Delaware to resolve all disputes not subject to arbitration. Each party waives any right to seek another forum or venue because of improper or inconvenient forum.
Alternative Dispute Resolution
1. Arbitration. All claims and disputes arising out of or relating to the Website or this agreement are to be settled by binding arbitration with Arbitration Resolution Services, Inc. (ARS) (or a similar online dispute resolution provider if ARS is not available). The parties will abide by all rules of ARS, as found on its website at www.arbresolutions.com. The arbitrator, and not any federal, state, or local court or agency, will have exclusive authority to resolve all disputes arising out of or relating to the interpretation, enforceability, or formation of this agreement, including any claim that all or any part of this agreement is void or voidable. Each party will be responsible for paying any filing, administrative, and arbitrator fees associated with the arbitration. The arbitrator may grant whatever relief that would be available in a court at law or in equity, except that the arbitrator must not award punitive or exemplary damages, or damages otherwise limited or excluded in this agreement. The arbitrator’s award will include costs of arbitration, reasonable legal fees, and reasonable costs for expert and other witnesses. Judgment on any award rendered in any such arbitration may be entered in any court having jurisdiction. Unless required by law, neither a party nor an arbitrator will disclose the existence, content, or results of any arbitration under this agreement without the parties’ prior written consent.
2. Injunctive Relief. The parties acknowledge that breach by either party of the obligations under this agreement could cause irreparable harm for which damages would be an inadequate remedy. Nothing in this section 22 will prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property, or unauthorized access to the Website, in each case without posting a bond or other security and without proof of actual money damages in connection with the claim.
3. Recovery of Expenses. In any proceedings between the parties arising out of this agreement or relating to the subject matter of this agreement, the Prevailing Party will be entitled to recover from the other party, besides any other relief awarded, all expenses that the Prevailing Party incurs in those proceedings, including legal fees and expenses. For purposes of this section 22.3, “Prevailing Party” means, for any proceeding, the party in whose favor an award is rendered, except that if in those proceedings the award finds in favor of one party on one or more claims or counterclaims and in favor of the other party on one or more other claims or counterclaims, neither party will be the Prevailing Party. If any proceedings are voluntarily dismissed or are dismissed as part of settlement of that dispute, neither party will be the Prevailing Party in those proceedings.
4. Jury Trial Waiver. Each party waives its right to a jury trial in proceedings arising out of or relating to this agreement. Either party may enforce this waiver up to and including the first day of trial.
5. Class Action Waiver. All claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, and, unless we agree otherwise, the arbitrator will not consolidate more than one person’s claims. Both parties acknowledge that each party is waiving the right to participate in a class action.
6. Limitation on Time to Bring Claims. A party will not file a claim arising out of or relating to the Website or this agreement more than one year after the cause of action arose. Any claim brought after one year is barred.
General
1. Entire Agreement. This agreement constitutes the entire agreement between you and us about your use of the Website, and it supersedes all earlier or contemporaneous agreements between you and us. Any additional terms on the Website will govern the items to which they pertain.
2. Changes. We may change this agreement on one or more occasions. We will post changes on the Website at least 15 days before they become effective. Changes will become effective on the “last updated” date stated at the top of this page. Changes will not apply to ongoing disputes or disputes arising out of or relating to events happening before the posted changes. While we will try to notify you when we change this agreement, we do not assume any obligation to do so, and it is your responsibility to check this page to review the most current agreement frequently. By continuing to use the Website after we post changes to this agreement, you agree to the revised agreement. If you do not agree to the revised agreement, your exclusive remedy is to stop accessing the Website. If you need more information about the changes or have any other questions or comments about the changes, please contact us at support@niftease.io.
3. Assignment and Delegation. We may assign our rights or delegate any performance under this agreement without your consent. You will not assign your rights or delegate your performance under this agreement without our prior written consent. Any attempted assignment of rights or delegation of performance in breach of this section 23.3 is void.
4. Waiver. If we fail to exercise or enforce any right or provision of this agreement, it will not constitute a waiver of that right or provision. Any waiver of any provision of this agreement will be effective only if in writing and signed by the relevant party.
5. Severability. If any part of this agreement is declared unenforceable or invalid, the remainder will continue to be valid and enforceable.
6. Notices
  1. Notice to Us. You may give notice to us by email at support@niftease.io unless the Website specifies a different email address for giving notice. We will consider an email notice received by us only when our server sends a return message to you acknowledging receipt. We may change our contact information on one or more occasions by posting the change on the Website. Please check the Website for the most current information for sending notice to us.
  2. Notice to You—Electronic Notice. You consent to receive any notice from us in electronic form either (1) by email to the last known email address we have for you or (2) by posting the notice on a place on the Website chosen for this purpose. We will consider notices sent to you by email received when our email service shows transmission to your email address. You state that any email address you gave us for contacting you is a current and valid email address for receiving notice.
7. Force Majeure. We are not responsible for any failure to perform if unforeseen circumstances or causes beyond our reasonable control delays or continues to delay our performance, including (a) acts of God, including fire, flood, earthquakes, hurricanes, tropical storms, or other natural disasters; (b) war, riot, arson, embargoes, acts of civil or military authority, or terrorism; (c) fiber cuts; (d) strikes, or shortages in transportation, facilities, fuel, energy, labor, or materials; (e) failure of the telecommunications or information services infrastructure; and (f) hacking, SPAM, or any failure of a computer, server, network, or software.
8. No Third-Party Beneficiaries. Except for the Indemnified Parties, who are third-party beneficiaries of section 20 of this agreement having the right to enforce section 20, this agreement does not, and the parties do not intend it to, confer any rights or remedies on any person other than the parties to this agreement.
9. Relationship of the Parties. This agreement does not, and the parties do not intend it to, create a partnership, joint venture, agency, franchise, or employment relationship between the parties and the parties expressly disclaim the existence of any of these relationships between them. Neither of the parties is the agent for the other, and neither party has the right to bind the other on any agreement with a third party.
10. Successors and Assigns. This agreement benefits and binds the parties and their respective heirs, successors, and permitted assigns.
11. Electronic Communications Not Private. We do not provide facilities for sending or receiving confidential electronic communications. You should consider all messages sent to us or from us as open communications readily accessible to the public. You should not use the Website to send or receive messages you only intend the sender and named recipients to read. Users or operators of the Website may read all messages you send to or through the Website regardless of whether they are the intended recipients.
12. Electronic Signatures. Any affirmation, assent, or agreement you send through the Website will bind you. You acknowledge that when you click on an “I agree,” “I consent,” or other similarly worded “button” or entry field with your mouse, keystroke, or other device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.
13. Consumer Rights Information—California Residents Only. This section 23.13 applies only to California residents. In compliance with section 1789 of the California Civil Code, please note the following:
  BBM Enterprises, Inc.
  [STREET ADDRESS] [CITY, STATE ZIP]Users who wish to gain access to the password-restricted area of the Website must register. We do not charge consumers for registering. You may contact us at support@niftease.io to resolve any disputes or to receive further information about the Website.
14. Complaints—California Residents Only. You may contact in writing the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs at 1020 North Street, #501, Sacramento, California 95814, or by telephone at +1 (916) 445-1254.
15. Unsolicited Idea Submission Policy. We and our employees do not accept or consider unsolicited ideas, suggestions, proposals, comments, or materials, including new or improved products, services or technologies, product or service enhancements, processes, advertising campaigns, promotions, marketing plans, or new product or service names (collectively, “Submissions”). Please do not send any Submissions in any form to us or any of our employees. The sole purpose of this policy is to avoid potential misunderstandings or disputes when our products, services, marketing, or other projects might seem similar to any Submissions made to us. If, despite our policy, you still submit your ideas to us, the following terms will apply to your Submissions, regardless of what your communication states. You acknowledge that: (1) we will consider the Submissions to be nonconfidential and nonproprietary; (2) we may use, copy, redistribute, and disclose the Submissions for any purpose in any way, without compensation to you or any other person or party; and (3) we will have no obligations for the Submissions, including no obligation to review the Submissions, return any materials, or acknowledge receipt of the Submissions. If you do not agree to these terms, please do not send us any Submissions.
16. Feedback. While we cannot accept unsolicited ideas, we always welcome feedback on our existing business. If you want to send us your feedback, please only provide specific feedback on our existing business and do not include ideas that the policy stated in section 23.15 prohibits. Any feedback you provide is considered nonconfidential and nonproprietary. We will be free to use that information on an unrestricted basis with no compensation to you or any other person or party.
17. Survival. On termination of this agreement, any provision which, by its nature or express terms should survive, will survive the termination of this agreement.
18. Your Comments and Concerns. The Website is operated by BBM Enterprises, Inc. All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy in the manner and by the means stated in it. All notices of abuse, including alleged child pornography and sex trafficking, should be directed to abuse@niftease.io. You should direct all other feedback, comments, requests for technical support, and other communications relating to the Website to us at support@niftease.io.