Welcome to the Gaia Marketplace, a platform for minting and transacting non-fungible tokens (the “Platform”) which includes this website (www.ongaia.com), www.nftgenius.com, and all websites, webpages, applications, marketplace, tools, features, API's and other Internet-based services operated by RAR3LABS INC (D.B.A. NFT Genius Inc.), a Delaware corporation (the “Company,” “we,” or “us”).
Before you access the platform, carefully read the following terms concerning your legal rights and responsibilities, and the Company’s limited liability. Please email any questions you have to [email protected].Effective and last revised on August 10, 2023.
The Platform is offered and provided at our business location in Los Angeles, California, U.S.A. (the “Business Location”). You agree that, by accessing or using the Platform, or any part thereof, you are voluntarily reaching into the Business Location to access the Platform, execute and enter into this Agreement, and purposefully avail yourself to the services offered by the Company solely at the Business Location.
The Company may modify, withdraw, suspend or discontinue at any time in our sole discretion, with or without reason or notice, your access to and use of the Platform or any of its functions, tools, features, materials or content.
Except as otherwise expressly restricted below, anyone may use the Platform in accordance with the Agreement and all provisions of the Agreement apply to all users of the Platform.
The Platform is intended for persons eighteen (18) years of age or older. If you are between thirteen (13) and seventeen (17) years of age, you may use the Platform under the supervision of your parent or legal guardian who has explained the Agreement to you and agrees to be bound to it on your behalf. YOU MAY NOT USE THE PLATFORM IF YOU ARE UNDER THIRTEEN (13) YEARS OF AGE.
If you access the Platform from outside the Business Location, beware that the Platform may contain content, references, or links to other websites, webpages, products, or services that are prohibited or restricted by the laws or regulations of your country, territory, or jurisdiction.
Subject to all conditions, restrictions, and eligibility requirements described herein, we hereby grant you a limited, personal, non-transferrable, non-exclusive, royalty-free, worldwide, revocable license to access the Platform, create a user account (“Account”) and profile which you can thereafter access and update via “My Account” button on the Platform, to enjoy services we will provide you and to use the Platform and Account for your own lawful purposes.
To access the full features of the Platform, you will need to create an Account.
(a) Responsibility for Your Account
You are solely responsible for your Account, password, and profile. So long as you have an Account on the Platform, you must supervise and safeguard the use of your Account login name and password and take full responsibility for any use of and activity on your Account (whether authorized by you or not), including all activity that can be linked or traced back to your Account. You agree to immediately notify us of any unauthorized use of your Account, password, or profile and to report a lost or stolen password or Account name to us at: [email protected] . The Company may, at its sole discretion, investigate and take any available legal action in response to illegal or unauthorized uses of the Platform, including collecting usernames or email addresses of unauthorized users by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Platform.
(b) Account Deactivation
You may deactivate your Account at any time, for any reason, by accessing the settings of a website or application that is connected to the Platform and following the deactivation instructions. This will have the effect of disabling your access to certain features, services, and content located on the Platform; though it will not terminate or cancel the Agreement or preclude you from accessing other basic features, services, and content located on other parts of the Platform.
To mint (create), transfer (buy or sell) or store (hold) non-fungible tokens (“NFT’s) on or in relation to the Platform, you will need to install a web browser (such as Chrome, Firefox, or Brave), log in to your Account, and link a trusted thirdparty wallet (“Wallet”) to your Account, such as your individual ‘Dapper’ Wallet that is compatible with the Platform..
The Social Trading Tool is a feature of the Platform that allows users to engage in peer-to-peer transactions for their digital collectibles. This feature provides a chat function where users can negotiate deals and enter into transactions with other users. We do not have custody or control over the NFTs or blockchains you are interacting with or which may host these transactions, and we do not execute or effectuate purchases, transfers, or sales of NFTs. We are not party to any agreement between any Platform users.
To use the Social Trading Tool, a user must sign in with their email address and use a trusted third-party wallet supported by or compatible with our social trading tool. Users can create "Trade Windows", which are 1 on 1 or peer-to-peer chat rooms that can be shared via a unique URL or link with other interested parties. These parties can then effectuate purchases, transfers, or sales of NFTs to other users within our social trading tool in exchange for other NFTs, digital assets, or combinations.
A user can also enter a USD offer to the other party for a single NFT or digital asset. We do not allow multiple NFTs to be offered due to the complexity of IP royalty distribution, nor do we allow users to offer USD and additional NFTs to trade, swap, or negotiate with the other party. Any and all currency transactions done on this trading tool will honor the respective IP royalty percentages.
If you are provided an API by the Company, you are responsible for securing your API keys and should never share your API keys with any other entity. If you suspect your API keys have been compromised, you should revoke and change them immediately, and notify the Company at [email protected].
The Platform is currently free to access for eligible users. To purchase NFT’s through the Platform, you can log in to your Account and buy NFT’s that are listed in the GAIA marketplace for sale using a Platform-compatible credit card or debit card, cryptocurrency (such as, at the time of this writing: BTC, ETH, BCH, DAI, USDC, and/or others that may be Platform-compatible in the future), or Dapper Balance (i.e., the positive balance of U.S. Dollars held in your Dapper Wallet, which can also be filled via credit or debit card via your third-party issued Dapper Wallet).
Unless otherwise agreed, the Platform will collect a nonrefundable 10% fee for all sales conducted over livestreaming on the Platform, which includes processing fees and commissions, and which does not include any applicable taxes which may apply.
Unless you have first obtained the Company’s express written consent (e.g., pursuant to separately stated Commercial Terms), you hereby agree that you will not do any of the following:
(a) NOT use the Platform, or any portion(s) thereof or content found therein, in any way that is not expressly permitted by the Agreement or by another agreement between you and the Company
(b) NOT use the Platform in a way that violates the governing law or any other applicable local, state, national and international laws and regulations of your residence and location or infringes the rights of any person;
(c) NOT otherwise use the Platform for any purpose besides those explicitly mentioned in this Agreement.
Our Platform allows sellers to create redeemable NFTs that may represent reservation spots for delivery of one or more physical collectibles (“Collectibles”). The specific Collectibles are one or more items from a larger group of items, connected to the NFT, that are only revealed after purchase. The one or more Collectibles connected to the NFT are not guaranteed to be any specific members of the larger group.
Offerings of Collectibles may occur on third-party platforms. For any such offerings, those platforms' terms of service govern the interactions between buyer and seller up until a transaction is consummated. Sales of the reservation NFTs will occur on the Platform. For offerings that occur on our Platform, this Agreement applies. The Company retains all intellectual property rights related to any offerings, regardless of the Platform on which they occur.
By default, the Company makes no representations or warranties with respect to the authenticity or quality of Collectibles. If the seller opts-in, some Collectibles may be specially designated as Verified. For Verified Collectibles, the Company has conducted a verification process using commercially reasonable efforts to determine the authenticity of each collectible and the accuracy of the collectible’s description, including its condition. Notwithstanding the foregoing, except where prohibited by applicable law, the Company shall not be liable or responsible for any damage you suffer, direct or indirect loss, costs or expenses arising from any Item Verification, regardless of whether or not such damage, loss, costs or expenses arise from the negligence of the Company.
Unless stated Otherwise, the Company is not involved in the creation of any Collectibles, and does not take title or possession of any items. Buyers are solely responsible for the purchase of and payment for any redeemable NFT that may be available through the platform, resolving any issues related to the items, and complying with any applicable laws and regulations. Sellers are responsible for the quality of the product and any descriptions, photographs, assurances of quality or performance of items or otherwise.
A buyer may select on the Platform that they would like their Collectibles physically shipped to them, or they may resell or trade their reservation NFT on the Platform with other users. If a buyer has indicated that they would like the Collectibles shipped, the Company will print out a prepaid Shipping label and provide it to the Seller. The Company will assess a shipping fee to the buyer. The buyer may expect their item shipped to them within 14 days of request.
For purposes of the Agreement, “Content” is defined as any idea, information, data, text, tag, script, message, comment, question, slogan, newsletter, description, pricing, table, statistic, ranking, rating, review, list, map, spreadsheet, model, picture, photo, presentation, drawing, graphic, infographic, logo, design, brand, image, button, icon, widget, interface, application, application programming interface (“API”), software, source code, object code, digital file, compilation, composition, sound, sound recording, audio clip, music, jingle, spoken word, performance, speech, audio-visual work, interactive work, game, video game, movie, film, show, video, video clip, commercial, infomercial, advertisement, and all other material, feature, or function that may be reproduced on, posted to, distributed, delivered, streamed, displayed, or otherwise made available on, through, or from the Platform.
The Company may allow you to post, upload, publish, create on, link to, transmit, display, contribute, supply or otherwise make available on or through the Platform (hereinafter, “Post”) Content using your Account. You may not Post or privately transmit (either on or off the Platform) any Content containing offensive, inaccurate, incomplete, abusive, obscene, profane, threatening, intimidating, harassing, racially offensive, or illegal material or Content that infringes or violates another person’s rights (including intellectual property rights, and rights of privacy and publicity).
You must have full rights to reproduce, distribute, and transmit all Content you Post to the Platform. You agree, promise, represent, and warrant that the Content you Post will not infringe the rights of any third party, and that you will take all steps necessary to avoid placing any Content which contains infringing material on the Platform. Additionally, to the extent you find any other Content on the Platform to be infringing of your intellectual property, your recourse is to submit a notice pursuant to our Copyright Policy with regard to copyright issues or, with regard to any other intellectual property issues, write us an email to the following address describing the suspected infringement: [email protected]
With respect to each piece of Content you Post to the Platform, you will retain any ownership rights you are entitled to by applicable law and hereby agree that the Company will be automatically granted a worldwide, perpetual, non-exclusive, sublicensable, transferrable and royalty-free license to that piece of Content when you first upload it onto, transmit through, or create it on or using the Platform. If you later edit, modify, or delete any Content you Post (e.g., if you delete or edit a comment), you understand that prior versions of such Content will continue to be licensed to and freely used by the Company, and may persist in backup copies for a period of time (but that following modification or removal, we will not make them available publicly on the Platform) or may remain with users who have previously accessed, downloaded, or otherwise saved such prior versions of your modified or deleted Content.
The Company has full discretion and rights to provide, edit, modify, remove, delete, and discontinue the availability of any piece or group of Content, in whole or in part, to and from the Platform at any time without providing any reason or notice to you; including with regard to our own Content and all Content supplied by you, other users, and third parties. You understand and agree that the Company may, but is not obligated to, monitor or review any Content existing on the Platform, including Content you Post and other users’ or third party Content which you find offensive, inaccurate, deceptive, harmful or otherwise objectionable. You agree that your use of the Platform is at your own risk, and that you will not seek to hold the Company responsible or liable in any manner for the Content of other users or third parties.
To maintain a safe and supportive community on the Platform, users are expected to behave in a respectful manner at all times. However, you are solely responsible for your interactions with other users.
You agree that you will not engage in any of the following rules regarding behaviors that are prohibited on the Platform:
(a) No stalking, harassing, intimidating, and bullying others.
(b) No invading the privacy or revealing the personal information of others without their consent. This prohibition includes revealing the personal information of others than has been illegally made public.
(c) No copying, adapting, distributing or otherwise using the copyrights, trademarks, publicity rights or other intellectual properties of others without their consent.
(d) No obscene or sexually explicit language, photos, or videos.
(e) No hate speech (speech that attacks a person or group on the basis of race, ethnicity, religion, disability, gender, age, or sexual orientation).
(f) No SPAM or contacting other users for commercial purposes without our prior written consent.
(g) No encouragement or participation in any criminal or other illegal conduct.
We cannot guarantee full compliance with the above rules by each of the many users of the Platform. You may report problems with other users you experienced by writing an email to: [email protected]. . However, you understand that the Company: (1) is NOT required to regularly supervise or control the interactions between any users or third parties, (2) does NOT control the availability or provision of goods and services by Commercial Users and their suppliers (3) does NOT get involved in any way with the transfer of financial information between you and other users or third parties, including payment processing companies (e.g., PayPal and credit card companies), (4) does NOT verify the true identity, age, nationality, or representations of Platform users, and (5) does NOT conduct background checks or verifications of its users.
You are solely responsible for your interactions with third parties you may meet or connect with on the Platform. You acknowledge and agree to not hold the Company or its affiliates or related parties liable for any third party content you encounter on the Platform.
The Company may allow or provide, or authorize certain Commercial Users or third parties to provide, advertisements, links, or API’s on or through the Platform to websites, webpages, social media platforms (i.e., Twitter, Facebook, Instagram, YouTube, and others), applications, services, products, software, documents, materials, and other resources operated by a party(s) other than the Company (“Third Party Offerings”). These Third Part Offerings may include (without limitation) blockchain protocols such as the Flow network and Wallets such as The Dapper Wallet. Company is NOT endorsing any such Third Party Offerings unless our endorsement is expressly stated. You acknowledge and agree to not hold the Company, or any our officers, directors, shareholders, agents, employees, affiliates, or subsidiaries, responsible or liable for the availability, quantity, or quality of any such Third Party Offerings or for any content, information, advertisement, product, service or other material on or available therefrom. You also acknowledge and agree to not hold the Company responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resource.
If you link to our website or any other part of our Platform, you hereby agree to remove or disable such link should we so demand in writing.
Purchases and other business dealings with users or other third parties found on or through the Platform, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between the users or other third party. Buyer beware: you provide your financial information (for example, your credit card or bank account information), or wire or otherwise send money, to Commercial Users, other users, or third parties solely at your own risk.
The information on the PLATFORM does not constitute the rendering of legal, accounting, tax or other such professional advice; and to the extent any Content on the Platform contains such professional advice, and you agree you will not rely on any such advice but in the event you decide to rely on such advice, you agree the Company is not liable for such advice.
Any trademarks and service marks (e.g., NFT GeniusTM and our logos, slogans, and phrases), trade dresses, copyright-protected works, rights of publicity, patents, know-how, trade secrets, proprietary ideas, and publicity rights that are reproduced, distributed, displayed, performed, transmitted, or otherwise appearing on the Platform or any Content therein (collectively, the “IP”) are the property of their respective owners; they are either owned by us, have been licensed to us, or are being used by us in a merely descriptive manner, under the fair use doctrine, under the first-sale doctrine, with an open source license, by virtue of being in the public domain, or in accordance with some other legal exception(s) or exemption(s). Other than as expressly allowed by us in writing, nothing herein or in the Platform may be implied as granting any license, assignment, or right to copy or use of our trade name or any of our IP without our prior authorization. You agree not to use such IP in any manner without the prior written permission of the Company’s authorized representative. Any unauthorized reproduction or distribution of any part of the Platform, and Content found therein, is expressly prohibited and may result in civil litigation, damages, injunctive relief and possibly even criminal penalties under law. Please inform us if you become aware of any infringement or violation of intellectual property rights, by emailing us at: [email protected].
You agree to defend, indemnify, reimburse, and hold harmless the Company as well as our shareholders, directors, officers, employees, agents, advisors, subsidiaries, affiliates, assignors and licensors from and against any and all claims, causes of action, actions or demands, liabilities, damages, losses, fines, penalties, costs and expenses of any kind, and settlements including without limitation, reasonable attorneys’ fees, paralegals’ fees, expert witness’ fees, investigation fees, and accounting fees, arising from or related to (i) your unauthorized use of the Platform, (ii) any Content you Post or that is otherwise introduced to the Platform from your Account, (iii) your breach of any provision in the Agreement, (iv) any of your representations or warranties made herein, (v) your use or misuse of the Platform, Content appearing on the Platform, or any part(s) thereof, or (vi) your violation of any law or rights of any third party. We will have the option to assume the exclusive defense and control of any action to which the Company is named a party and you agree to cooperate with us in asserting any available defenses we find appropriate.
The express responsibilities set forth herein are the only responsibilities of the Company to you, and we have no other responsibilities to you with respect to the Platform. You acknowledge that the Company has no duty to take any action regarding: (a) which users gain access to the Platform (except authorized Commercial Users); (b) what Content you access or view via the Platform; (c) what effects Content you view on or through the Platform may have on you; (d) how you may interpret or use the Content; or (e) what actions you may take as a result of having been exposed to the Content.
YOUR USE OF THE PLATFORM, GENERALLY, IS ENTIRELY AT YOUR OWN RISK. THE PLATFORM AND ALL SOFTWARE, INFORMATION, CONTENT, PRODUCTS AND SERVICES WE PROVIDE THROUGH IT (1) ARE PROVIDED TO YOU ON “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE” BASES, (2) MAY INCLUDE ERRORS AND INACCURACIES REGARDING, AMONG OTHER THINGS, THE AVAILABILITY AND NATURE OF GOODS OR SERVICES OF COMMERCIAL USERS , AND (3) ARE OFFERED TO YOU WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AVAILABILITY, SATISFACTORY QUALITY, ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY, REASONABLE CARE, SECURITY, QUIET ENJOYMENT, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, OPERABILITY, FUNCTIONALITY, AND COMPLETENESS. MOREOVER, WE DO NOT REPRESENT, WARRANT, OR GUARANTEE THAT THE PLATFORM WILL: (A) BE UNINTERRUPTED, UNCOMPROMISED, OR FREE FROM PROBLEMS OR ANY TECHNICAL, TYPOGRAPHICAL, OR PHOTOGRAPHIC ERRORS; (B) BE FREE OF HACKING, INTERFERENCE, STATIC, VIRUSES, TROJAN HORSES, WORMS, MALWARE, OR OTHER HARMFUL COMPONENTS; (C) BE SECURE AND AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (D) BE CURED OR CORRECTED OF ALL ERRORS AND DEFECTS EVEN IF THE COMPANY IS AWARE OF THEM; AND (E) MEET ALL OF YOUR REQUIREMENTS OR EXPECTATIONS. YOU ASSUME THE ENTIRE RISK OF ANY RELIANCE ON THE PLATFORM OR ITS CONTENTS.
YOU AGREE, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, NOT TO HOLD THE COMPANY OR OUR SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS, PARTNERS, AFFILIATES, OR LICENSEES RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR REMEDIES OF ANY KIND ARISING FROM YOUR USE OF THIS WEBSITE OR THE SERVICE, OR FROM A DELAY OR INABILITY TO ACCESS OR USE THIS WEBSITE (INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE UPON THIRD PARTY INFORMATION, CONTENT, USER CONTENT, REVIEWS AND OPINIONS APPEARING ON THE SERVICE, VIRUSES, ERRORS, LINKED SITES, PROPERTIES, PRODUCTS, AND SERVICES OBTAINED THROUGH THE SERVICE) INCLUDING BUT NOT LIMITED TO ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, LOST PROFITS, LOST GOODWILL, LOST DATA, WASTE OF EXPENDITURES, COST OF SUBSTITUTE, AND CONSEQUENTIAL DAMAGES, EVEN IF WE WERE EXPRESSLY ADVISED ABOUT THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES WHETHER THE DAMAGES ARE BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE.
YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE. TO THE EXTENT COMPANY OR ANY OF OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS, PARTNERS, AFFILIATES, OR LICENSEES ARE FOUND LIABLE UNDER THE GOVERNING LAW FOR ANY LOSS OR DAMAGES OF ANY KIND ARISING FROM YOUR USE OF THE PLATFORM, OR THE CONTENT, SUCH LIABILITY IS EXPRESSLY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW; EXCEPT THAT THE TOTAL OF ANY SUCH LIABILITY SHALL BE LIMITED AND CAPPED IN AGGREGATE TO THE GREATER OF (A) REIMBURSEMENT OF THE TOTAL FEES PAID TO THE COMPANY BY YOU (IF ANY), (B) A MAXIMUM OF ONE THOUSAND U.S. DOLLARS ($1,000); OR THE MAXIMUM AMOUNT IN LIQUIDATED DAMAGES PERMITTED UNDER THE GOVERNING LAW. IN CASES WHERE APPLICABLE LAW DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE COMPANY’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. ALSO, CERTAIN LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN LIABILITIES OR DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. CONTENTS.
Any Dispute between you and the Company that arises in whole or in part from the Platform, and which is not resolved informally within thirty (30) days after notice is delivered in accordance with the preceding paragraph, will be exclusively resolved by binding arbitration before JAMS in Los Angeles, California, U.S.A. If an arbitrator cannot be mutually agreed upon within sixty (60) days after the date the Dispute first arose, each of the disputing parties will choose an arbitrator and those arbitrators will then select another arbitrator to conduct the arbitration and render a final decision. However, the arbitration award shall be binding on the parties and limited to findings of fact to which the parties agree to be bound. After the conclusion of the arbitration, either party may submit the remaining (non-factual) issues in the Dispute to a court of competent jurisdiction in the State of California to pursue a final and an enforceable judgment.
EACH CLAIM INVOLVING A DISPUTE MUST BE BROUGHT TO ARBITRATION WITHIN TWELVE (12) MONTHS AFTER THE DATE ON WHICH SUCH CLAIM AROSE OR IT WILL BE IRREVOCABLY WAIVED. ARBITRATION SHALL PROCEED SOLELY ON AN INDIVIDUAL BASIS WITHOUT THE RIGHT FOR ANY CLAIMS OR DISPUTES TO BE ARBITRATED ON A CLASS ACTION BASIS. YOU HEREBY WAIVE YOUR RIGHT TO A CLASS ACTION LAWSUIT. YOU ALSO HEREBY IRREVOCABLY WAIVE YOUR RIGHT TO A JURY TRIAL AS WELL AS YOUR RIGHT TO CLAIM THAT CLARK COUNTY, IN THE STATE OF CALIFORNIA, U.S.A., IS AN INCONVENIENT OR IMPROPER FORUM OR VENUE TO HEAR AND RESOLVE ALL CLAIMS OR DISPUTES CONCERNING THIS AGREEMENT.
The parties hereto further agree that a presiding court of competent jurisdiction’s damages award will be limited to compensatory damages at most, and that no punitive, treble, or consequential damages may be awarded. Notwithstanding the foregoing, you acknowledge that the unauthorized use of the Platform or Content could cause irreparable harm to the Company and our other users, and that in the event of your unauthorized use, we will be entitled to an injunction, specific performance, temporary restraining order, and all other remedies available at law or in equity.
Nothing contained in the Agreement limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of the Platform, or to the information provided to or gathered by us with respect to such use. We may, at our sole discretion, determine whether a particular piece of your Content violates any laws and cooperate with any law enforcement authorities or court order requesting or directing the Platform to disclose the identity of anyone posting any Content on the Platform. We reserve the right to access and disclose any information including, without limitation, user names of Accounts and other information to comply with applicable laws and lawful government requests.
If any provision of the Agreement is deemed to be invalid, void, or otherwise unenforceable by any court or arbitrator of competent jurisdiction, for any reason, that provision will be limited or severed to the extent necessary so that the Agreement will otherwise remain in full force and effect.
All notices we are required to give you may be delivered electronically by email or through the Platform. Unless you indicate otherwise prior to our sending of the notice, we may send email notices to your last-supplied email address or the email address that is linked to your user profile. Notices to the Company must be sent to: [email protected]. Notices we send you will be deemed delivered when emailed or transmitted by us, and all notices you provide us will be deemed to have been delivered when emailed to us.
All rights not expressly granted to you herein are reserved and not waived by Company. We reserve the right to enforce our rights to the fullest extent permitted under the laws of any state, country, and international body, including criminal prosecution where available.
The Digital Millennium Copyright Act (DMCA) provides recourse for intellectual property owners who believe that material appearing on the internet infringes their rights under U.S. law. If you believe in good faith that materials posted on the Platform infringe your intellectual property rights, then you (or your agent) may send us a “Notification of Claimed Infringement” requesting that the material be removed, or access to it blocked.
The notice must include the following information: A physical or electronic signature of a person authorized to act on behalf of the owner of the works that have been allegedly infringed; Identification of the copyrighted work alleged to have been infringed (or if multiple copyrighted works located on the Platform are covered by a single notification, a representative list of such works); Identification of the specific material alleged to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material on the Platform; Your name, address, telephone number, and email address (if available); A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the Platform should be sent to: NFT Genius Inc. Attn: Copyright Agent [NFT Genius Inc. Address] or [email protected]