1 - Definitions
Content means the artwork or any content, files and materials represented by or embodied in the purchased NFT and as licensed hereunder.
Digital Wallet means a solution for receiving, storing, transferring, exchanging or spending crypto-currencies and/or NFTs.
NFT means a non-fungible token (NFT) registered on a Blockchain network. In these Terms of Service, NFT refers only to NFTs (the associated Content may be subject to further or different provisions under these Terms of Service as the case may be) sold by the Platform Operator through the NFT Platform, unless otherwise stated herein.
Minting or Mint means the process of allowing an NFT Creator to create an NFT from his or her Artwork. Said NFT is permanently registered into a Blockchain System and associated with a Smart contract for future transactions
Smart Contract(s) means the data and algorithm encrypted in the Blockchain System resulting from the Minting of an NFT and allowing for the automatic payment of royalties on each and every transaction of the NFT made on the Marketplace for the user / owner after purchase
Usermeans any consumer, legal person, under public law or any special asset under public law, accessing the NFT Platform, purchasing and/or holding an NFT. The User, being the addressee of these Terms of Service, may also be referred to as "you".
Blockchain Protocol refers to the underlying technology and set of rules that govern the functioning of a specific blockchain network. In the case of this Platform, Platform Providers utilize the Aventus parachain, known as Aventus, which automatically generates a blockchain address for users upon claiming and/or purchasing an NFT. This blockchain address enables seamless interactions with the Aventus parachain, allowing users to securely manage their NFTs and engage in various activities within the platform's ecosystem.
Payment Processing Platform refers to a third-party service provider that facilitates the secure and seamless processing of payments for transactions made on this NFT Marketplace Platform. The Platform Provider ensures that users can make payments with various payment methods, while also maintaining the highest level of security and compliance with industry standards
2 - Disclaimer
3 - Accepting these terms
3.1 - CHANGES TO THESE TERMS
We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Platform thereafter. Any changes to these Terms will be in effect as of the “Last Revised” date referred to at the top and bottom of this page. Your continued use of the Platform after following the posting of the revised Terms means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
3.2 - WHAT THESE TERMS CONTAIN
- Scope of Services
- Contact information of the Platform Provider
- Use of the Platform
- Terms of NFT Purchase
- Intellectual Property Rights
- Warranties & Liability
- Other Contractual Terms
4 - OUR SERVICES
4.1 - OTHER SERVICES
The Platform Operator may also offer specific services or features such as giveaways, campaigns, contests, sweepstakes, and other events. These other services are subject to additional terms and conditions (the“Additional Terms”), that may contain certain eligibility requirements, such as restrictions as to age and geographic location. You are responsible for reviewing such Additional Terms to determine whether or not you are eligible to participate. The Additional Terms are hereby incorporated by reference into these Terms. In the event that there is an irreconcilable conflict between the Additional Terms and these Terms, the Additional Terms shall prevail.
4.2 - LIMITS
Each of our Services have a defined limit in one way or another. We may, or may not, choose to disclose those limits. Any such limits may be changed at any time, with or without prior notice.
4.3 - CHANGES TO OUR SERVICES
Beatport.io is always expanding and thus you may see changes to our Services or the features on the Platform without warning. Due to the evolving nature of technologies and the way we do business, we reserve the right, with or without notice, to modify, suspend, terminate, or discontinue providing any of the Services at any time. We release updates, including new features for beta testing, on a regular basis, some of which are not publicly announced. These are done to improve system stability, add new features, allow us time to perform routine maintenance, or comply with applicable law. We are not liable in the event that we modify, suspend, terminate or discontinue any part of the Platform or its Services.
6 - CONTACTING THE PLATFORM OPERATOR
When contacting us, we want to provide you with the best possible support, so please follow these steps to ensure a fast and relevant response:
- The subject of your support ticket, should provide a brief, generalized, explanation of the problem or inquiry.
- The body, or description of your support ticket, should explain, in detail, the problem or inquiry.
- To protect yourself, you should not submit any sensitive information (such as passwords, private keys, or credit card details) in either the subject or the body of your query. If you receive such a request, do not reply with the requested information.
- Support tickets should be submitted in English whenever possible. If you send a support ticket in another language, you may receive a response informing you that we are unable to assist you. Alternatively, we may attempt to use an online translation service, such as Google Translate. If we use an online translation service, you may experience slower response times and the responses may not necessarily be accurate because of the translation service used. Therefore, we strongly urge our customers to contact us in English for the best support experience.
If you are contacting us for business or marketing purposes, you may reach out to us at firstname.lastname@example.org or email@example.com.
7 - PLATFORM & REGISTRATION
The Platform Operator has created the Platform to enable fans and collectors to claim or buy original, authentic units of data on a blockchain representing a digital file (including, without limitation, digital artwork or digital audiovisual artwork) (such units, “Non-Fungible Tokens” or “NFTs”). NFTs available for sale on the Marketplace have been: (i) created by a project partner and/or (an) artist(s) that have engaged with The Platform Operator for such purposes (the project partner and/or “Artist(s)”) and the digital file and artwork associated therewith (the “Artwork”) is being minted by The Platform Operator and is being sold on Beatport.io Platform. Please visit our “About” and “FAQ” pages to learn more about the Platform.
7.2 - REGISTRATION PROCESS
Unless otherwise approved in advance and in writing by The Platform Operator, you must be at least 18 years old to claim and/or purchase items/ NFTs on the Platform. The first time you access the Platform, you will need to create an account with The Platform Operator by clicking the “Log In / Register” icon on the Platform. The Platform Operator uses Auth0 for authentication and authorization. Please visit https://auth0.com/web-terms. The Platform Operator has absolute discretion to refuse admission to the Platform.
8 - YOUR ACCOUNT
Your Account on the Platform will be associated with your automatically created blockchain address and display the NFTs for the Aventus blockchain address (and, if applicable, any content, unlockable content associated with such NFTs). By using your wallet in connection with the Services, you agree that you are using that wallet under the terms of the applicable digital wallet provider. Aventus Whitepaper located here: https://www.aventus.io/wp-content/uploads/2022/08/Aventus_Whitepaper-May-2022-Update.pdf. Aventus does have custody over the contents of your wallet. The Platform Operator accepts no responsibility for, or liability to you, in connection with your use of a wallet and makes no representations or warranties regarding how the Services will operate with any specific wallet. If you discover an issue related to your wallet, please contact your wallet provider.
You understand and agree that you are solely responsible for maintaining the security of your Account and control over any usernames, passwords, or any other codes that you use to access the Services. You are solely responsible for keeping your wallet secure and you should never share your wallet credentials or seed phrase with anyone. Any unauthorized access to your Account by third parties could result in the loss or theft of NFTs in your Account and any associated wallet. You understand and agree that you will not hold us responsible for managing and maintaining the security of your Account. You further understand and agree that we are not responsible (and you will not hold us responsible) for any unauthorized access to or use of your Account. You are responsible for monitoring your Account. If you notice any unauthorized or suspicious activity in your Account, please notify us immediately.
Likewise, you are solely responsible for your Account and any associated wallet, and we are not liable for any acts or omissions by you in connection with your Account or as a result of your Account or wallet being compromised. You understand and agree that access to your Account is limited solely to you. You agree that you will not sell, rent, lease, or grant access to your Account to any person without our prior written permission. Your account is your sole responsibility, and any claims that someone else used your account to violate these Terms or change your settings will be dismissed.
The Platform Operator can require you to provide additional information and documents in certain circumstances, such as at the request of any government authority, as any applicable law or regulation dictates, or to investigate a potential violation of these Terms. In such cases, The Platform Operator, in its sole discretion, can disable your Account and block your ability to access the Services until such additional information and documents are processed by The Platform Operator. If you do not provide complete and accurate information in response to such a request, The Platform Operator can refuse to restore your access to the Service. We reserve the right to cancel your account, without notice, for any reason, at any time.
The Platform Operator does not have access to, or have custody of, any assets contained in any wallet. You are the sole owner of and exercise exclusive control over your wallet. You shall bear the risk of loss of all digital assets therein. YOU ACKNOWLEDGE THAT The Platform Operator WILL NOT BE LIABLE FOR ANY LOSS OR FLUCTUATIONS IN VALUE OF DIGITAL ASSETS IN YOUR WALLET.
9 - PURCHASE AND SALE PROCESS
NFTs will be made available for sale via an auction process or by your selection of the NFT “Buy Now” or “Claim Now” or “Purchase” option, as applicable to each NFT displayed and available for sale on the Platform.
9.2 - PURCHASE AND PAYMENT
9.2.1 Calculating the Total Purchase Price
If you are the successful Buyer of the NFTs, you agree to pay us: with respect to a “Buy Now” or “Claim Now” or “Purchase” purchase, the purchase price accepted for the applicable NFT (in each case, the “Sale Price”), plus with respect to either transaction, and any applicable sales tax (together, the “Purchase Price”). Sales Tax, Use Tax, Excise Tax, and other taxes, including any taxes applicable to the sale or purchase of NFTs, are payable in accordance with applicable law, and you further acknowledge and agree that it is your responsibility to pay any such taxes that are due on the purchase of the NFTs whether arising but not collected at the time of sale or applicable through retroactive and applicable legislation. Such as additional processing fees, blockchain network fees (gas fees) and/or third-party payment provider fees.
9.2.2 Software Integration
You hereby agree and acknowledge that you have created, or shall have created prior to purchasing NFTs, a Stripe Account on Stripe Connect, and that you shall be subject to all terms, conditions and obligations of Stripe Connect (or such other processor) users. You further agree and acknowledge that upon creating a Stripe Account such account shall be deemed a “Connected Account” under the Stripe Connect agreement located here: https://stripe.com/en-us/connect-account/legal; provided, that by creating an account on the Marketplace, you hereby expressly authorize The Platform Operator to integrate Stripe Connect for the purposes of facilitating the transactions set forth herein. In support thereof, you further authorize Stripe to send any and all notices and forms, including without limitation, tax invoices, to The Platform Operator with respect to any payment amounts that are withheld upon transfer for purposes making applicable tax withholdings. Notwithstanding the foregoing, to the extent that The Platform Operator receives such forms or notices from Stripe, The Platform Operator shall promptly make all such documentation available to you on your Platform account.
9.2.3 Payment and Delivery
You are required to pay for the purchased NFTs immediately upon clicking “Buy Now” or “Claim Now” or “Purchase” or immediately following the close of the auction, as applicable. Payments must be made to The Platform Operator by the invoiced party in USD, via Visa and MasterCard. All sales are final and nonrefundable. In no event shall The Platform Operator accept returns for refund or exchange. Whether you make a purchase via “Buy Now” or “Claim Now” or “Purchase or otherwise win an auction to purchase NFTs, you authorize The Platform Operator and our third-party service providers to immediately charge your selected payment method for all amounts presented to you at checkout. Title in the purchased NFTs will not pass until The Platform Operator has received the Purchase Price for the NFT in full and cleared funds. The Platform Operator are not obliged to release the NFTs to you until title in the NFTs has passed and appropriate identification has been provided, and any earlier release does not affect the passing of title or your unconditional obligation to pay the Purchase Price. To transfer title in the NFTs to you, The Platform Operator will transfer the NFTs to your account on an NFT-only wallet hosted on the Platform, which wallet shall, in all cases, exclusively hold NFTs and not, for the avoidance of doubt, cryptocurrencies (your “Digital Wallet”). The Platform Operator shall not be responsible for transferring or facilitating the transfer of such NFT to any other wallet. Risk will transfer to you immediately upon The Platform Operator transfer of title of the NFTs to you by sending it to your Digital Wallet, and you are thereafter responsible for secure storage of the NFTs. You agree that The Platform Operator may require you to follow a security protocol to ensure that NFTs are safely received by you. You understand and agree that failure to comply with these conditions may result in a failure to access your NFTs. The Platform Operator reserves the right to terminate the Sale anytime for any reason whatsoever, or for no reason, without prior notice.
9.2.4 Purchase in Fiat or Cryptocurrency
While purchasing an NFT, you must choose a payment method from the options listed/accepted on the platform. These options may include Fiat payment (USD or EUR) or Cryptocurrencies such as Ethereum.
9.2.5 Resale Royalties
The NFT and any further versions of the Artwork generated by the NFTs are subject to resale royalties on any subsequent resales of the NFTs. On any subsequent resale of the NFTs, resale royalties shall automatically be paid to The Platform Operator , Artist and Project Partner, and Seller as applicable, on terms set forth in the applicable Smart Contract governing the sale transaction. Other resale royalties and transaction duties imposed by law may also apply in relation to such resales. NFTs can only be resold in the currency they were purchased.
9.3 - REMEDIES FOR NON-PAYMENT
Without prejudice to any rights that The Platform Operator, Artist and Project Partner may have, if you fail to pay the Purchase Price for the NFTs in cleared funds within seven (7) days of purchase, we may in our sole discretion exercise one or more of the following remedies:
- store the NFTs in Aventus’s corporate Digital Wallet or elsewhere at the Buyer’s sole risk and expense;
- cancel the sale of the NFTs, retaining any partial payment of the Purchase Price as liquidated damages;
- reject future purchase attempts from the Buyer or require deposits;
- charge interest at 12% per annum from the date payment became due until the date the Purchase Price is received in cleared funds;
- exercise a lien over any of your property which is in the possession of The Platform Operator and instruct their affiliated companies to exercise a lien over any of your property which is in their possession and, in each case, no earlier than 30 days from the date of such notice arrange the sale of such property and apply the proceeds to the amount owed to The Platform Operator or any of their affiliated companies after the deduction from sale proceeds of our standard vendor’s commission, all Sale-related expenses and any applicable taxes thereon;
- resell the NFTs by auction or private sale, with estimates and a reserve set at The Platform Operator’s reasonable discretion, it being understood that, in the event such resale is for less than the original Sale Price and Buyer’s Premium for the NFTs, the Buyer will remain liable for the shortfall together with all costs incurred in such resale;
- commence legal proceedings to recover the Sale Price and Buyer’s Premium for the NFTs, together with interest and the costs of such proceedings;
- set off the outstanding amount remaining unpaid by the Buyer against any amounts which we or any oftheir affiliated companies may owe the Buyer in any other transactions; and/or
- take such other action as we deem necessary or appropriate.
Our security interest in the NFTs will terminate upon actual delivery of the NFTs to your Digital Wallet. In the event you are in default of payment to any of their affiliated companies, you also irrevocably authorize The Platform Operator to pledge your property in our possession by actual or constructive delivery to our affiliated company as security for the payment of any outstanding amount due. The Platform Operator will notify you if your property has been delivered to an affiliated company by way of pledge.
10 - NFT DESCRIPTIONS, CONDITION & INTELLECTUAL PROPERTY OWNERSHIP
10.2 - CONDITION
You agree that all NFTs are sold “as is” and that the Artwork (and associated digital file) is in the condition that it is in at the time of the sale and that The Platform Operator shall in no event be responsible for the condition or intended functionality of any NFT sold on the Platform, whether sold directly by The Platform Operator or pursuant to a sale made by a Third Party Seller. Descriptions, online or otherwise, of the NFTs or the Artwork or links to the blockchain may include references to condition and/or intended functionality. Such references, though, do not amount to a full description of condition and/or functionality. The absence of reference to the condition and/or functionality of the NFTs or the Artwork in their descriptions does not imply that the NFTs or the Artwork is free from faults or imperfections, and you acknowledge and agree to take all necessary care in inspecting information available on the blockchain or otherwise, regarding the NFTs, prior to Purchasing. You hereby acknowledge and agree that our staff are not information technology or data experts, and that by Purchasing, you accept that NFTs and blockchains in general are subject to inherent technological risks which may affect their performance now or in the future (including, without limitation, broadband and other internet capacity constraints, corporate firewalls, errors in the quality or display of digital images, errors in software and other technical problems) and The Platform Operator does not accept liability for any such difficulties or errors. The Platform Operator makes no representations or warranties in relation to the condition, performance, security, quality, representations and warranties, or terms of the NFTs, the Artwork, or any smart contract memorializing a sale transaction on a blockchain (a “Smart Contract”). The Platform Operator accepts bids on NFTs and otherwise facilitates the transfer and sale of NFTs on the basis that Buyers have fully satisfied themselves as to both the condition of the NFTs and the accuracy of its description prior to bidding or purchasing the NFTs.
10.3 - COPYRIGHT
The Website and the content provided within, including but not limited to text, graphics, logos, button icons, images, videos, sound and software, are protected by intellectual property rights (including but not limited to copyrights, trademarks, patents) held by The Platform Operator and/or third parties and may not be copied, reproduced, distributed, posted, downloaded, transmitted or used, in whole or in part, without the prior consent of The Platform Operator, except to download, display and print material solely for personal, non-commercial use, provided that the material is not modified in any way and that all copyright, trademark and other proprietary notices are kept intact. No intellectual property rights are transferred to the User through these Terms of Service. Any total or partial reproduction, representation, modification or use (except as permitted by these Terms of Service) of any element of the NFT-Platform by the User for any reason whatsoever is strictly prohibited. The copyright in all images, videos, illustrations and written materials produced by or for The Platform Operator relating to the NFTs, including the contents of the online catalogue and sale particulars, is and shall remain at all times the property of The Platform Operator, Artist and/or Project Partner or Third Party Seller, as may be applicable, and such images and materials may not be used by users or any other party without our prior written consent. Copyright in the Artwork and its versions shall remain with The Platform Operator, the Artist and Project Partners or Third Party Seller, as may be applicable. The Platform Operator, the Artist, Project Partner and Third Party Sellers make no representations or warranties that the Buyer of the NFTs will acquire any copyright or other reproduction or derivative works rights, or rights to commercial use in the NFTs or the Artworkor their versions. You also hereby represent, warrant and covenant that you shall not, and shall not permit any third party to use, copy or display any Artwork or NFTs, as applicable, in connection with any media depicting hatred, intolerance, violence or cruelty, or otherwise infringe on the intellectual property rights of others, and you shall not alter the Artwork or NFTs in any way except with respect to re-sizing for display purposes.
10.4 - THIRD PARTY SELLERS
The Platform may also contain links or functionality to access or use third-party websites (“Third-Party Websites”) and applications (“Third-Party Applications”), or otherwise display, include, or make available content, data, information, services, applications, or materials from third parties (“Third-Party Materials”). When you click on a link to, or access and use, a Third-Party Website or Third-Party Application, though we may not warn you that you have left our Service, you are subject to the terms and conditions (including privacy policies) of another website or destination. Such Third-Party Websites, Third-Party Applications, and Third-Party Materials are not under the control of The Platform Operator, and may be “open” applications for which no recourse is possible. The Platform Operator is not responsible or liable for any Third-Party Websites, Third-Party Applications, and Third-Party Materials. The Platform Operator provides links to these Third-Party Websites and Third-Party Applications only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites or Third-Party Applications, or their products or services or associated Third-Party Materials. You use all links in Third-Party Websites, Third-Party Applications, and Third-Party Materials at your own risk.
11 - USER ACKNOWLEDGEMENTS AND REPRESENTATIONS
By registering on the Platform, you represent and warrant that: 1- You are not subject to trade sanctions, embargoes or any other restriction on trade in the jurisdiction in which it does business as well as under the laws of the European Union, the laws of England and Wales, or the laws and regulations of the United States, and are not owned (nor partly owned) or controlled by such sanctioned person(s) (collectively, “Sanctioned Person(s)”); 2- Where acting as agent (with The Platform Operator’s prior written consent), the principal is not a Sanctioned Person(s) nor owned (or partly owned) or controlled by Sanctioned Person(s); and 3- You undertake that none of the Purchase Price (defined below) will be funded by any Sanctioned Person(s), nor will any party be involved in the transaction including financial institutions, or any other party be a Sanctioned Person(s) nor owned (or partly owned) or controlled by a Sanctioned Person(s), unless such activity is authorized in writing by the government authority having jurisdiction over the transaction or in applicable law or regulation.
11.2 - ACKNOWLEDGEMENTS
By registering an account on the Platform, you hereby agree, understand and acknowledge that: 1- the NFTs have been designed and created as collectibles intended for your personal use and enjoyment and that you are not acquiring for purposes of speculation, market-making, flipping or with the intent to capture any potential short-term NFT price changes. 2- if and when you choose to resell your NFTs, the resale value of your NFTs may be less than your Purchase Price and may even be zero; 3- The Platform Operator is not providing financial or investment advice with respect to your NFTs or otherwise; 4- Transfer of ownership to NFTs will not guarantee continuing access to the digital file to which it relates and you further acknowledge and agree to the risks associated with purchasing, using, transferring, and owning NFTs, including, but not limited to, risk of losing access to NFT due to loss of private key(s), custodial or Buyer error, hacking, security breaches or mining attacks, regulatory interference in one or more jurisdictions, token taxation, personal information disclosure, uninsured losses, and other unanticipated and volatility risks; 5- There are risks associated with purchasing items associated with content created by Third Party Sellers through peer-to-peer transactions, including but not limited to, the risk of purchasing counterfeit items, mislabeled items, items that are vulnerable to metadata decay, items on smart contracts with bugs, and items that may become untransferable. 6- The characterization and regulatory scheme governing NFTs and blockchain technology is uncertain and undetermined, and you acknowledge that your purchase of the NFTs complies with applicable laws and regulations in your jurisdiction. You further acknowledge that new regulations or policies may materially adversely affect the Marketplace, or the NFTs; 7- The Platform Operator makes no representation with respect to the value of NFTs purchased on the Marketplace over time or your ability to sell the NFTs to any third-party Buyer;
12 - LIABILITY & INDEMNIFICATION
The Platform Operator may take such actions as it reasonably considers appropriate to ensure the Platform runs smoothly in accordance with legal obligations. Such actions may include but are not limited to: refusing to accept any bid or purchase offers on the NFTs where The Platform Operator reasonably considers it appropriate to do so; restarting auction bidding where The Platform Operator reasonably considers it appropriate to do so; making NFTs unavailable for sale or otherwise removing them from auction; reopening or continuing bidding even after the auction has ended; and in the case of an error or dispute and whether during or after a The Platform Operator auction, The Platform Operator may continue the bidding, determine the successful bidder, cancel the sale of the NFTs, or re-offer and resell the NFTs.
12.2 - INDEMNIFICATION
You agree to defend, indemnify on demand and keep The Platform Operator and our affiliates, parents, subsidiaries and each of our and their respective officers, employees, agents partners, content providers, service providers, suppliers and licensors and Third Party Sellers, including, without limitation, the Artist and Project Partner (collectively, the “Released Parties”), and hold the Released Parties harmless from any and all claims, liabilities, costs, losses (including without limitation consequential and indirect losses) and expenses, including reasonable attorneys’ fees, arising in any way from (a) your purchase or use of any products made available through the Platform and through any auction, or any related services or information, (b) your fraudulent or deceptive acts or omissions, or breach or violation of the law (including infringement of any intellectual property or other right of any person or entity), (c) your misrepresentation or breach of these Terms of Service or your breach of representations and warranties or acknowledgements and covenants set forth hereunder or under any applicable smart contract, (d) your violation of the rights of or obligations to a Third Party Seller, or (e) your infringement of copyright or other intellectual property rights of the Artist, Project Partner, Third Party Seller and/or The Platform Operator. The Platform Operator will provide notice to you promptly of any such claim, suit, or proceeding. The Platform Operator reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to assist and cooperate with our defense of such claim. In any event, you shall not settle any such claim without The Platform Operator’s prior written approval.
12.3 - LIMITATION OF LIABILITY
- The maximum amount of any liability of The Platform Operator,their affiliated companies and the Artist and/or Project Partner to the Buyer in connection with the sale of NFTs shall be limited to the Sale Price actually paid by the Buyer
- Except as otherwise provided in this paragraph, none of The Platform Operator,their affiliated companies or the Artist or Project Partner or Third Party Sellers (i) is liable for any errors or omissions, whether orally or in writing, in information provided to prospective Buyers by The Platform Operator, Third Party Sellers or any of their affiliated companies; or (ii) accepts responsibility to any bidder or Buyer in respect of acts or omissions, whether negligent or otherwise, by The Platform Operator or any of their affiliated companies in connection with the conduct of the auction or for any other matter relating to the sale of the NFTs
- All warranties, express or implied, including any warranty of satisfactory quality and fitness for purpose, are specifically excluded by The Platform Operator,their affiliated companies and the Artist, Project Partner and Third Party Sellers to the fullest extent permitted by law
- Subject to subparagraph (e) below, none of The Platform Operator,their affiliated companies or the Artist, Project Partner or Third Party Sellers shall be liable to the Buyer for any loss or damage beyond the refund of the Purchase Price referred to in subparagraph (a) above, whether such loss or damage is characterized as direct, indirect, special, incidental or consequential, or for the payment of interest on the Purchase Price to the fullest extent permitted by law
- No provision in these Terms of Service will be deemed to exclude or limit the liability of The Platform Operator or any of their affiliated companies to the Buyer in respect of any fraud or fraudulent misrepresentation made by any of us or in respect of death or personal injury caused by our negligent acts or omissions
- TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (I) IN NO EVENT WILL THE PLATFORM OPERATOR BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OF ANY KIND INCLUDING, BUT NOT LIMITED TO, ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (A) ERRORS SUCH AS FORGOTTEN PASSWORDS, INCORRECTLY CONSTRUCTED TRANSACTIONS, OR MISTYPED ADDRESSES; (B) SERVER FAILURE OR DATA LOSS; (C) CORRUPTED WALLET FILES; (D) ANY UNAUTHORIZED THIRD-PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION THE USE OF VIRUSES, PHISHING, BRUTE-FORCING OR OTHER MEANS OF ATTACK AGAINST THE NFT ARISING OUT OF OR IN ANY WAY RELATED TO THE SALE OR USE OF NFTs OR OTHERWISE RELATED TO THESE TERMS, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT OR ANY OTHER LEGAL OR EQUITABLE THEORY; AND (II) IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE PLATFORM OPERATOR WHETHER IN CONTRACT, WARRANTY, TORT OR OTHER THEORY, ARISING OUT OF OR RELATING TO THESE TERMS & CONDITIONS OR OWNERSHIP OF NFTs, EXCEED THE AMOUNT YOU PAY FOR THE NFTs