Terms Of Use

Introduction

These are the terms and conditions (Terms) of use for the website https://ethernity.io. The Platform is operated by or on behalf of Ethernity Chain Ltd (we, us and our). We are a limited company, registered in the Cayman Islands. Our registered office is at 122 MARY STREET, GEORGE TOWN, CAYMAN ISLANDS KY-1206.

By using the Platform, you agree to be bound by these Terms. They form a legally binding contract between us and you. If you do not agree to these Terms, you must not access or use the Platform.

These Terms do not apply to the creation of NFTs by Creators (defined below), which are subject to separate written agreement between Creators and us.

We reserve the right to change these Terms from time to time by updating the Terms on our website located at https://ethernity.tokensuite.io/terms-of-use.

1. The Platform

1.1  The Platform is built on top of the Ethereum network and enables users to own, buy and sell collectible NFTs created by individuals or companies (“Collectibles”) via the Marketplace. The Collectible metadata for Collectibles minted by Ethernity are stored on IPFS.

1.2  NFTs are Ethereum-based tokens complying with the ERC-721 standard, ERC-1155 standard, or other similar “non-fungible” token standard. Note that while many NFTs reference a unique Collectible; some NFTs may be fungible with one another while being non-fungible with other NFTs.

1.3  Owners of a Collectible will not own any intellectual property (“IP”) or other rights to any underlying digital artwork referenced by the NFT. Much like when a painter sells a physical work of art such as a painting, the creator of a Collectible (“Creators”), or the artist that worked with the Creator (“Artist”), typically retain a range of IP and other rights associated with the underlying digital artwork. The Creator or the Artist may have the ability to enforce their IP rights against users who infringe on those rights. Creators often grant us the necessary licenses to promote their Collectibles for sale and to allow secondary trading of each Collectible. When you buy a Collectible, you will retain the ability to transfer the Collectible to other parties.

2. The Marketplace

2.1  The Marketplace consists of a series of smart contracts deployed on the Ethereum network, accessible directly through any Ethereum node or indirectly through any compatible Ethereum wallet application that interacts with an Ethereum node. The Marketplace provides users with the ability to buy, sell, and transfer Collectibles.

2.2  Ethernity may, from time to time, alter the list of smart contracts related to the Marketplace by adding or removing bytecode addresses from the official list of smart contracts supported by the Platform.

3. Digital Wallets

3.1  Users of the Platform must connect a compatible digital wallet (e.g., Torus or MetaMask) to our website in order to own, buy, or sell a Collectible on the Marketplace. We may update the range of compatible wallets from time to time in our sole discretion

3.2  While Ethernity creates and maintains the Platform, Ethernity does not and cannot take custody of funds that belong to users who independently interact with the Platform.

4. Access to the Platform

By using the Platform, you acknowledge and confirm that:

• You are at least 18 years old or of legal age to enter into contractual relations with Ethernity (whichever is later).

• You are the exclusive beneficial and/or legal owner of any cryptocurrency used or to be used for the purchase of any cryptocurrency on the Platform.

• You have not been identified as a Specially Designated National or placed on any sanctions list by the U.S. Treasury Department’s Office of Foreign Assets Control, the U.S. Commerce Department, or the U.S. Department of State; and you will not use our Website to conduct any illegal or illicit activity.

• You have not been placed on any of the following lists: European External Action Service Consolidated Financial Sanctions List; EU Terrorist List; FATF Non-Cooperative Countries and Territories; Federal Bureau of Investigation Most Wanted Terrorists & Seeking Information; Bank of England Sanctions List; HM Treasury Sanctions List; Politically Exposed Persons List; World Bank Ineligible Firms; Department of Foreign Affairs and Trade Consolidated List.

• It is your responsibility to ensure your equipment (computer, laptop, tablet or other mobile device) meets all the necessary technical specifications to enable you to access and use the Platform.

• We may, from time to time, restrict access to certain features, parts or content of the Platform, or the entire Platform, to users who have registered with us. You must ensure that any registration details you provide to us are accurate. If you choose, or you are provided with, a log-on ID (such as a username and password or other identifier) as part of our security procedures, you must treat such information as confidential and must not reveal it to anyone else. You are responsible for all activities that occur under your log-on ID and must notify us immediately of any unauthorized use or other security breach of which you become aware. We reserve the right to disable any log-on ID, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms or if any details you provide for the purposes of registering as a user prove to be false.

• You may customize your username. We reserve the right to change your username, for example if it includes offensive language.

5. Digital Wallets

5.1  Users of the Platform must connect a compatible digital wallet (e.g., Torus or MetaMask) to our website in order to own, buy, or sell a Collectible on the Marketplace. We may update the range of compatible wallets from time to time in our sole discretion

6. Limited rights of Collectible owners

6.1  As an owner of a Collectible, you may not: copy, modify, edit or reverse engineer any part of the Collectible including the imagery, colors, design, look and feel, format or other features or attributes, use the Collectible as part of another work including any film, image, audio work or other form of media, subject the Collectible to derogatory treatment, use the Collectible for any commercial purpose including for advertising or promoting any business, products or services, create any commercial products such as merchandise which feature, refer to or otherwise liken themselves to the Collectible, use the Collectible (or the Platform) for any purposes connected with hatred, racism, violence, gambling, slavery, intolerance, cruelty, unsolicited promotions or harassment, sales, spam, or for any purpose that infringes the rights of others or which is unlawful in any way, protect (or claim to protect) the Collectible with any additional intellectual property rights such as trademarks, patents or registered designs, or use the Collectible in any way not part of the Collectible’s “Rights Attached and Permitted Purposes” document.

6.2  You must not remove or obscure any signature of the Creator used to authenticate the Collectible or other information as to the attribution of a creation, or take any steps that may have the effect of misleading others as to the identity of the Creator. You may use the Platform for non-commercial purposes only. We are not liable for any business losses.

7. Underlying Protocol

7.1  You acknowledge and understand that your Ethereum public address will be made publicly visible whenever you engage in a transaction on the Platform. The Platform may use other decentralized blockchain based protocols instead of or as well as Ethereum, or forks of Ethereum or other such protocols. References in these Terms to Ethereum should be deemed to also refer to any other protocol we use.

8. Fees and Creator's charitable contributions

8.1  The creating, buying, selling or transferring of Collectibles on the Platform are subject to a number of fees and other charges (“Fees”). [All Fees will be displayed on the checkout screen prior to finalizing the transaction.] The Fees include the following:

(a)  Service Fees. All initial [and secondary] purchases conducted on the Marketplace are subject to a service fee. Service fees are established by and payable by the [buyer/seller/Creator] to Ethernity. Service fees may be adjusted from time to time in the sole discretion of Ethernity and will be available at link.

(b)  Commissions. All secondary purchases conducted on the Marketplace are subject to a commission payable by the seller to the Creator. Commissions are set by the Creator and may range from 0% to 100%, to be allocated between Creator and seller. Where the Creator has set the commission to 100%, Creator will collect 100% of the commission and the seller will receive none of the commissions. Ethernity has no control over secondary purchases conducted outside the Marketplace.

(c)  Gas Fees. All transactions conducted on the Marketplace, including without limitation minting, listing, offering, buying, or selling, are facilitated by smart contracts existing on the Ethereum network. The Ethereum network requires the payment of a transaction fee (a “Gas Fee”) for every transaction that occurs on the Ethereum network, and thus every transaction occurring on the Platform, including the Marketplace. The value of the Gas Fee changes, often unpredictably, and is entirely outside of the control of Ethernity. Users acknowledges that under no circumstances will a contract, agreement, offer, sale, bid, or other transaction on the Marketplace be invalidated, revocable, retractable, or otherwise unenforceable on the basis that the Gas Fee for the given transaction was unknown, too high, or otherwise unacceptable to a user. Users also acknowledge and agree that gas is non-refundable under all circumstances.

8.2  Fees may be paid or payable in the manner determined in the sole discretion of Ethernity. As of the date the Terms were published, all Fees must be paid in ERN (Ethernity’s ERC20 token).

8.3  All transactions performed on the Platform are final and non-refundable, except in the sole discretion of Ethernity or the Creators.

9. Funds Flow

9.1  The Platform provides users with a convenient interface that allows users to interact directly with an underlying blockchain. No fiat money is stored or handled by the Platform or Ethernity at any point. Offers and transactions to buy and sell Collectibles take place directly between the buyer and the seller in each case, except where Ethernity is the initial owner of the Collectible.

9.2  You acknowledge and understand that the smart contracts do not give Ethernity custody, possession, or control of any Collectible or cryptocurrency at any time for the purpose of facilitating transactions. You acknowledge and understand that the Platform is non-custodial in nature and that the Platform has been designed to be directly accessible by the Creators, buyers and sellers without any involvement or actions taken by Ethernity. We never take custody of any user’s money, cryptocurrency or NFT, and we are not a payment service provider.

10. Taxes

10.1  You are responsible for accounting for and paying any and all taxes applicable to your use of the Platform and the buying and selling of Collectibles.

11. Assumption of Risk

You accept and acknowledge:

•  We cannot guarantee the continuous, uninterrupted or error-free operability of the Platform. There may be times when certain features, parts or content of the Platform, or the entire Platform, become unavailable (whether on a scheduled or unscheduled basis) or are modified, suspended or withdrawn by us, in our sole discretion, without notice to you. You agree that we will not be liable to you or to any third party for any unavailability, modification, suspension or withdrawal of the Platform, or any features, parts or content of the Platform.

•  Cryptocurrencies are not backed by any government, central bank, physical value or other guarantee. Their values and liquidity can materially fluctuate up and down due to market activity and sentiment, public and regulator sentiment, legislation, regulatory and governmental steps taken in relation to crypto-assets generally or specifically, and other factors outside of the control of users.

•  Technological difficulties experienced by the Platform may affect your access to your NFTs and thus your Collectibles.

•  You understand fully, and can afford to take, the risks of purchasing and trading in Collectibles, you are solely responsible for determining the level of risk involved, and all use of the Platform is at your own risk. We are not responsible for any losses you may suffer as a result of any drop in value or other aspects of sale or purchase of any Collectible.

•  Blockchain technologies and NFTs are subject to many legal and regulatory uncertainties, and the Platform, NFTs, Collectibles could be adversely impacted by one or more regulatory or legal inquiries, actions, suits, investigations, claims, fines or judgments, which could impede or limit your ability to continue the use and enjoyment of such assets and technologies.

•  We do not own or control the Ethereum network (or any other applicable network supported by the Platform), any digital wallet provider, or any other third-party infrastructure provider used in relation to the Platform, and we are not liable for any defects in, unavailability of, or acts or omissions of such third-party infrastructure.

•  The Ethereum network may be subject to sudden changes in operating rules, and third parties may, from time to time, fork the Ethereum blockchain and implement changes in the operating rules or other features that might result in multiple versions of Ethereum and, possibly, more than one version of the NFT. This may affect the value and the function of the initial NFT and we can temporarily suspend our services while we determine, at our sole and absolute discretion, which network to support. Such networks and fork are outside of our control and we can decide, at our sole and absolute discretion, to abandon or otherwise not support the initial or the copy of the NFT. We may, at our sole and absolute discretion, obtain and retain the unsupported NFTs.

•  There are risks associated with accepting cryptocurrencies as payment and purchasing blockchain-based NFTs, including but not limited to, the risk of losing private keys, theft of cryptocurrency or NFTs due to hackers finding out your private key. You are solely responsible for the safekeeping of the private key associated with the blockchain address used to buy or sell Collectibles. You accept that Ethernity will not be able to restore or issue any refund in respect of any Collectibles due to lost or stolen private keys. If you are not able to spend or use a Collectible due to loss or theft of the corresponding private key or otherwise, you will be unable to exercise your rights with respect to such Collectible. See details on the Platform as to any processes in place to assist you (which are at our discretion).

•  The Platform does not store, send, or receive NFTs. The NFTs are minted and transferred on the smart contract maintained by Ethernity. Any transfers of NFTs or cryptocurrencies occur via the smart contract located on the Ethereum blockchain and not on the Platform.

•  Ethernity has no responsibility for the Collectibles created or traded on the Platform. Ethernity does not investigate and cannot guarantee or warrant the authenticity, originality, uniqueness, marketability, legality or value of any Collectible created or traded on the Platform or the underlying artwork.

•  Ethernity shall not be liable for any errors, misrepresentations, or omissions in, of, and about, the underlying digital artwork, nor for the availability of the underlying artwork. Ethernity shall not be liable for any losses, injuries, or damages from the purchase, inability to purchase, display, or use of the underlying artwork.

12. DMCA Notices

12.1  Ethernity respects the IP of others and asks that users of our Platform do the same. If you believe that one of our Creators, through the use of our Platform, is unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated copyright agent:

•  your physical or electronic signature;

•  identification of the copyrighted work(s) that you claim to have been infringed;

•  identification of the material on our Platform that you claim is infringing and that you request us to remove;

•  sufficient information to permit us to locate such material;

•  your address, telephone number, and e-mail address;

•  a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and

•  a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.

Our designated copyright agent is:

Attn. DMCA Notice

[email protected]

Allegations that other intellectual property right is being infringed should be sent to  [email protected]. Ethernity may, in its sole discretion, delete the delist the Collectible of those who are accused of copyright infringement or other IP rights.

13. Ethernity’s Role

13.1  Our role is limited to providing a platform to allow users to offer for sale, and to buy and sell Collectibles directly with each other. With the exception of the initial sale of each Collectible, we are not a party to any secondary sale or purchase. We do not take payment on behalf of other parties and we are not a payment service provider.

13.2  We do our best to make sure all Collectibles are original works and do not infringe any third-party rights. There can be no guarantee or assurance of the uniqueness, originality or quality of any Collectible. You have no recourse or rights against us in relation to the existence of similar or identical works, or in relation to the infringement of any third-party rights.

13.3  You agree to indemnify us and our affiliates and our and their directors and officers in full against all losses incurred in relation to any claims, liability, loss or damage arising out of (or alleged in relation to) any use by you of the Platform, trading by you in Collectibles, or any breach of these Terms by you.

14. Prohibited Use

14.1  Except to the extent expressly set out in these Terms, you are not allowed to: 'scrape' content or store content of the Platform on a server or other storage device connected to a network or create an electronic database by systematically downloading and storing all of the content of the Platform, remove or change any content of the Platform or attempt to circumvent security or interfere with the proper working of the Platform or the servers on which it is hosted, or create links to the Platform from any other website, without our prior written consent. You may however link from a website that is operated by you, provided the link is not misleading or deceptive and fairly indicates its destination, you do not imply that we endorse you, your website, or any products or services you offer, you link to (and do not frame or replicate) the home page of the Platform, and the linked website does not contain any content that is unlawful, threatening, abusive, defamatory, pornographic, obscene, vulgar, indecent, offensive or which infringes on the intellectual property rights or other rights of any third party.

14.2  You may only use the Platform for lawful purposes, in a responsible manner, and in a way that does not damage our name or reputation or that of any of our affiliates, directors or officers, or any of the Creators. The sale of stolen Collectibles, Collectibles taken without authorization, and otherwise illegally obtained Collectibles on Ethernity is prohibited. Ethernity reserves the right to terminate, suspend or restrict your access to the Platform if there is reasonable suspicion by us that that the Collectible has been or will be used for any illegal, fraudulent, or unauthorized purposes. If you have reason to believe that a Collectible listed on Ethernity was illegally obtained, please contact us immediately. Listing illegally obtained assets may result in your listings being cancelled, or your Collectibles being hidden.

14.3  All rights granted to you under these Terms will terminate immediately in the event that you are in breach of any of them, and you may not subsequently use the Platform.

15. Intellectual property rights

15.1  Subject to these Terms, Ethernity grants you a non-transferable, non-exclusive, revocable, limited license to use and access the Platform for your own personal and noncommercial use.

15.2  All IP rights in any content of the Platform (including text, graphics, software, photographs and other images, videos, sound, trademarks and logos) are owned by us or our licensors. Except as expressly set out here, nothing in these Terms gives you any rights in respect of any IP owned by us or our licensors and you acknowledge that you do not acquire any ownership rights by downloading content from the Platform. In the event you print off, copy or store pages from the Platform (only as permitted by these terms and conditions), you must ensure that any copyright, trademark or other IP right notices contained in the original content are reproduced.

16. Liability

16.1  We may change the format and content of the Platform from time to time. You agree that your use of the Platform is on an 'as is' and 'as available' basis and at your sole risk. Whilst we try to make sure that all information contained on the Platform is correct, it is not intended to amount to authority or advice on which reliance should be placed. You should check with us or the relevant information source before acting on any such information. We make or give no representation or warranty as to the accuracy, completeness, currency, correctness, reliability, integrity, quality, availability, fitness for purpose or originality of any content of the Platform and, to the fullest extent permitted by law, all implied warranties, conditions or other implied terms of any kind are hereby excluded and we accept no liability for any loss or damage of any kind incurred as a result of you or anyone else using the Platform or relying on any of its content.

16.2  We cannot and do not guarantee that any content of the Platform will be free from viruses and/or other code that may have contaminating or destructive elements. It is your responsibility to implement appropriate IT security safeguards (including anti-virus and other security checks) to satisfy your particular requirements as to the safety and reliability of content.

16.3  In no event shall we be liable to you for any losses, whether indirect or consequential, or for any loss of profit, revenue, contracts, data, goodwill or other similar losses, and any liability we do have for losses you suffer is strictly limited to losses that were reasonably foreseeable.

16.4  We are not liable for any user error, incorrect data or loss of NFTs or other information. Collectibles are intangible assets represented by the corresponding NFT on the Ethereum network. We are not responsible for this network, for recording or verifying ownership or value of any Collectible.

16.5  Notwithstanding the above, in the event we are liable to you for any claim arising out of these Terms or in relation to the Platform, our liability will be limited to £1,000. Where Ethernity is the seller by virtue of being an initial owner of the NFT, our liability shall be limited to the sale price paid for that initial sale.

17. Your Personal Information

17.1  You consent to us accessing, processing and retaining any personal information you provide to us for the purpose of us operating the Platform. This consent is not related to, and does not affect, any rights or obligations we or you have in accordance with data protection laws, privacy laws, and regulations. Please see our Privacy Policy available at https://ethernity.tokensuite.io/privacy-policy for further information about how we process your personal information, and the rights you have in respect of this.

18. External links

18.1  The Platform may, from time to time, include links to external sites, third-party offers and promotions. We include these to provide you with access to information, products or services that you may find useful or interesting. We are not responsible for the content of these sites or for anything provided by them and do not guarantee that they will be continuously available. The fact that we include links to such external sites does not imply any endorsement of, or association with, their operators or promoters.

19. Governing Law and Jurisdiction

19.1  These Terms are governed by English law, except that there may be certain mandatory applicable laws of your country or region which apply for your benefit and protection in addition to or instead of certain provisions of English law.

19.2  You agree that any dispute between you and us regarding these Terms or the Platform will only be dealt with by the English courts, except that if you live in a country of the European Union other than England, you can choose to bring legal proceedings either in your country or in England, but if we bring legal proceedings, we may choose to do so in your country.

20. Contacting Us

20.1  Please submit any questions you have about these Terms or any problems concerning the Platform by email to [email protected].