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.

Your use of the Platform will be subject to these Terms, and by using the Platform you agree to be bound by them. 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.

We reserve the right to change these Terms from time to time by changing them on the Platform.

These Terms govern use of the Platform and the trading of NFT-based artworks and trading cards. They do not apply to the creation of NFTs by Artists, which are subject to separate written agreement between Artists and us.

Access to the Platform

The Platform is intended for use only by persons who are at least 18 years of age. By using the Platform, you confirm to us that you meet this requirement.

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, including the Ethereum network (or such replacement network used by the Platform as explained below), and is also compatible with the digital wallets available for use (also as explained below).

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 provided 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 unauthorised 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 acting reasonably, for example if it includes offensive language.

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.

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.

How the Platform Works, and ownership of rights relating to NFTs

The Platform uses the Ethereum network to enable users to own, buy and sell digital collectible artworks and trading cards represented by non-fungible tokens (NFTs). NFTs are a registry of ownership of the collectibles as reflected on the Ethereum network. Where these Terms refer to ownership of a collectible they mean ownership of the related NFT in each case, and not the collectible itself or in any intellectual property rights subsisting in the collectible.

Much like a physical work of art like a painting, the creator of each collectible (Creators) owns all copyright, design rights, patents and other intellectual property rights in it, and only the Creator may enforce those rights. The Creators license us the necessary rights to promote their collectibles for sale and allow trading of the NFTs linked to each collectible.

When you buy a collectible you will own the NFT that links to it, and will have certain rights to use the collectible itself by virtue of a license from the Creator, as set out below. You will not own the underlying intellectual property rights in the Cryprograph.

Initial ownership of tokens

We are the initial owner of the NFTs related to each collectible, and we may promote and offer the collectible for initial sale via the Platform.

The Creator of each collectible grants the owner of the related NFTs the rights to use the collectible as set out in the "Rights Attached" title for the collectible on the Platform (Permitted Uses). We are the initial owner and when a collectible is first sold to a user, the Permitted Uses are automatically transferred to that user (as a direct licence from the Creator), and on the next sale are assigned to the next user that purchases the collectible, and so on.

Limited licence rights of token owners

As set out above, the Creator of each collectible grants to each owner, for the period during which they are the owner, rights to undertake the Permitted Uses in respect of that collectible. As owner you may not use any collectible for any purpose other than the Permitted Purposes and in particular may not: copy, modify, edit or reverse engineer any part of the collectible including the imagery, colours, 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 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 Permitted Purposes.

You must not remove or obscure any signature of the Creator or other information as to the attribution of creation, or take any steps that may have the effect of misleading others as to the identity of the Creator.

Loss of tokens

We are not responsible if you lose or otherwise lose access to your NFTs. See details on the Platform as to any processes in place to assist you (which are at our discretion).

Ethereum

The Platform may use other decentralised blockchain based platforms instead of or as well as Ethereum and we will notify you in advance. This may include forks of Ethereum or other such platforms. References in these Terms to Ethereum include any other platforms we use and notify you about.

Buying and selling collectibles

Collectibles may be offered for sale, bought and sold on the Platform through our proprietary Gonnaud-Bessire-Mcdonaugh (GBM) auction process. See details on the Platform for trading outside of the Platform and related fees.

Fees and Creator's charitable contributions

We earn fees from each sale of collectibles as set out here. Under our sustainable philanthropy business model, the Creator of each collectible may select a charitable cause to receive a share of all revenues generated by sales of their collectibles.

Digital wallets and currency

Users of the collectible platform only need to connect to our website with a digital wallet, there are no accounts. Users need to connect a wallet with an external wallet provider. Currently we allow 1-Torus and 2-MetaMask but may change this at our discretion from time to time, as set out on the Platform. We are not responsible for any wallet provider (or any failures or problems on their part) and you must sign up to their terms and conditions, and privacy policies.

The only currency that the Platform currently allows is Ether (ETH, the native cryptocurrency of the Ethereum blockchain) and we will notify users if this changes.

No money flows through the Platform

The Platform is an interface presenting information from the blockchain and assisting users in sending requests to the blockchain. No money is stored or handled by the Platform at any point. Transactions to buy and sell collectibles are directly between buyer and seller in each case, and we play no role other than operator of the Platform to facilitate such transactions. We do not take payment and we are not a payment service provider.

Taxes

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.

Risk

Collectibles are digital assets that 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.

It is key that you understand fully, and can afford to take, the risks of purchasing and trading in such assets, 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.

Our Role

Our role is limited to providing a platform to allow users to offer for sale, and to buy and sell collectibles (via trading the related NFTs) directly with each other. We are not party to any such sale or purchase. The only exception is the first sale of each collectible where we are the initial owner of the related NFTs. We do not take payment and we are not a payment service provider.

We do our best to make sure that all collectibles are original works and do not infringe any third party rights but we cannot guarantee whether the Creator may issue similar or not permitted identical works that may impact the collectible’s authenticity, value or originality. You have no recourse rights against us in relation to any of these issues.

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.

You are only permitted to use the Platform for non-commercial purposes. We are not liable for any business losses.

Prohibited Use

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 [although you may 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.

You must only use the Platform and anything available from the Platform for lawful purposes (complying with all applicable laws and regulations), in a responsible manner, and not in a way that might damage our name or reputation or that of any of our affiliates, directors or officers, or any of the Creators.

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.

Intellectual property rights

All intellectual property 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 intellectual property 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, trade mark or other intellectual property right notices contained in the original content are reproduced.

Liability

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.

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.

Nothing in these Terms shall limit or exclude our liability:

- for death or personal injury caused by our negligence;
- for fraudulent misrepresentation;
- for breach of any term implied by the Consumer Rights Act 2015 and which, by law, may not be limited or excluded;
- or for any other liability that, by law, may not be limited or excluded.

Subject to this, in no event shall we be liable to you for any business losses or for any indirect or consequential losses, 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.

We are not liable for any user error, incorrect data or loss of NFTs or other information. collectibles are intangible assets that only exist according to the ownership records or related NFTs on the Ethereum network. We are not responsible for this network, for recording or verifying ownership or value.

Notwithstanding the above, in the event we are liable in relation to the Platform, our liability will be limited to £1,000 (but in respect of each sale of a collectibles by us as initial owner as set out above, our liability shall be limited to the sale price paid for that initial sale).

Your personal information

Use of your personal information submitted to or via the Platform (if applicable) is governed by our Privacy Policy.

External links

The Platform may, from time to time, include links to external sites, which may include links to 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.

General

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.

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 only do so in your country.

Contacting us

Please submit any questions you have about these terms and conditions or any problems concerning the Platform by email to community@ethernity.co