GENERAL TERMS AND ACCEPTANCE OF THIS AGREEMENT
2. These Terms contain the complete and exclusive agreement and supersede all prior and contemporaneous understandings between the parties regarding the Opportunities. These Terms do not alter the terms or conditions of any other electronic or written agreement you may have with the Company for the use of Opportunities or for any other Company’s product or service or otherwise. In the event of any conflict between these Terms and any other agreement you may have with the Company, the terms of this agreement will control unless these Terms are specifically identified and declared to be overridden by such other agreement.
4. The following definitions and rules of interpretation apply in this Agreement:
<<Account>> A set of protected pages created as a result of the User registration at the Service.
<<Company>> Cactoid Labs, LLC a Delaware limited liability company
<<Cryptocurrency>> or <<virtual currency>> Digital cryptographic representation of assets, represented by Ethereum (ETH), Bitcoin (BTC) and any other type of cryptocurrency.
<<Opportunities>> Services provided by the Company to You, included but not limited:
1. Creation of NFT editions collections.
2. Access to NFT marketplace.
3. Tools for Raffle NFT events.
4. Other services available in the Service.
<<Parties>> You (User) and the Company (We).
<<Politically exposed person>> or <<PEP>> Foreign PEPs: individuals who are or have been entrusted with prominent public functions by a foreign country, for example Heads of state or Heads of government, senior politicians, senior government, judicial or military officials, senior executives of state owned corporations, important political party officials. Domestic PEPs: individuals who are or have been entrusted domestically with prominent public functions, for example Heads of State or Heads of government, senior politicians, senior government, judicial or military officials, senior executives of state owned corporations, important political party officials.
<<User>> An individual сapablecapable under personal law, a natural person or business entity formatted in the appropriate legal form according to local legislation that is eligible to use the Service and has accepted the terms and conditions of the present Agreement with the Company. The Company reserves its right to set forth at any time and upon its own discretion special eligibility conditions or other requirements to certain Users.
5. In this Agreement unless the opposite is clear from the context the following rules of interpretation apply.
a) Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular;
b) Unless the context otherwise requires, a reference to one gender shall include a reference to the other genders;
c) References to clauses and schedules are to the clauses and schedules of this Agreement and references to paragraphs are to paragraphs of the relevant schedule;
d) A reference to any party shall include that party’s personal representatives, successors and permitted assigns;
e) All references to a person include firms, companies, government entities, trusts and partnerships or other or unincorporated body (whether or not having separate legal personality);
f) The term 'including' does not exclude anything not listed;
g) A reference to a statute or statutory provision is a reference to it as amended, extended or re-enacted from time to time;
h) A reference to a statute or statutory provision shall include all subordinate legislation made from time to time under that statute or statutory provision;
i) A reference to writing or written includes fax and e-mail;
j) Any obligation on a party not to do something includes an obligation not to allow that thing to be done;
k) Any words following this Agreement including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding or following that agreement.
l) Headings of sections are for convenience only and shall not be used to limit or construe such sections. All the sections in this Agreement shall survive any termination or expiration of this Agreement. The rest of terms and definitions that can be found in the text of the Agreement should be interpreted by the Parties according to the laws of the State of Delaware, without regard to its rules relating to conflicts of laws and to the general rules of interpretation of such terms accepted in the Internet network.
6. User acknowledges that there are risks associated with using of the Service, purchasing of NFTs including, but not limited to, the failure of hardware, software, and Internet connections. User acknowledges that Company shall not be responsible for any communication failures, disruptions, errors, distortions or delays You may experience when using the Service howsoever caused.
7. Funds may be held by the User in his digital wallet or vault, which requires a private key, or a combination of private keys, for access. Accordingly, loss of requisite private keys associated with such the User`s digital wallet or vault storing the funds will result in loss of such funds, access to User’s Cryptocurrency balance, and/or any initial balances in blockchains created by third parties. Moreover, any third party that gains access to such private keys, including by gaining access to login credentials of a hosted wallet or vault service the User uses, may be able to misappropriate the funds of the User.
8. Blockchain technologies have been the subject of scrutiny by various regulatory bodies around the world. The functioning of the Ethereum network and associated blockchain networks and different Cryptocurrencies could be impacted by one or more regulatory inquiries or actions, including but not limited to restrictions on the use or possession of any Cryptocurrency, which could impede or limit their existence, permissibility of their use and possession, and their value.
9. As a holder/collector of Cactoid Labs NFT’s you are solely responsible for your own conduct while accessing or interacting with Cactoid Labs’ site and for any consequences thereof. As such, you further accept and acknowledge each of the following:
A. To the extent that you sell, or may wish to sell, your Cactoid Labs NFT, please be aware that the prices of NFTs are extremely volatile and fluctuations in the prices of other NFTs can impact the price of your Cactoid Labs NFT both positively and negatively. Given the volatility, NFTs such as Cactoid Labs NFTs should not be considered a very risky purchase. You assume all risks in that connection. You should not purchase Cactoid Labs NFT’s unless you can afford to lose the entire value of your purchase.
B. No information on this Site (or any other documents mentioned therein) is or may be considered to be advice or an invitation to enter into an agreement for any investment purpose. Further, nothing on this Site qualifies or is intended to be an offering of securities in any jurisdiction nor does it constitute an offer or an invitation to purchase shares, securities or other financial products. Due to the artistic nature of the project, Cactoid Labs has not been registered with or approved by any regulator in any jurisdiction. It remains your sole responsibility to assure that the purchase of the Cactoid Labs NFT and the associated art is in compliance with laws and regulations in your jurisdiction.
C. You assume all risks associated with using an Internet-based currency, including, but not limited to, the risk of hardware, software and Internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to information stored within your wallet.
D. NFTs, cryptocurrencies and blockchain technology are relatively new and the regulatory landscape is unsettled. New regulations could negatively impact such technologies impacting the value for your Cactoid Labs NFT. You understand and accept all risk in that regard.
E. You assume all responsibility for any adverse effects of disruptions or other issues impacting Ethereum or the Ethereum platform.
11. The following restrictions and conditions apply to the use of services and creating and maintaining the Account (as such term defined below):
You shall not use or access the Service or create an account in connection with the Service (an “Account”), if you are under the age of majority to enter into this Agreement (at least 18 years of age) and meet all other eligibility criteria and residency requirements and fully able and legally capable to use the Service;
You shall not use the Service and/or Services if you are a PEP or any member of a PEP’s family or any close associate of a PEP, unless the Company, after being specifically notified in writing that the User is such a person, conducts further due diligence, and determines that You are eligible for use of the Service and/or Opportunities;
You shall monitor your Account and/or cryptocurrency wallet connected to the Service to restrict use by minors, and you shall deny access to children and teenagers under the age of 18. You accept full responsibility for any unauthorized use of Service by minors in connection with your Account or cryptocurrency wallet connected to the Service. You are solely responsible for any use of your cryptocurrency wallet or other payment instrument by minors;
You shall not have an Account or use Opportunities if you have previously been removed by the Company from the Service;
If you act as an employee or agent of a legal entity, and enter into these Terms on their behalf, you represent and warrant that you have all the necessary rights and authorizations to bind such legal entity;
You shall not use our Service to advertise, solicit, or transmit any commercial advertisements, including chain letters, junk e-mail or repetitive messages (spim and spam) to any other user or third party;
You shall not use our Service to engage in any illegal conduct including but not limited to activities related to money-laundering, drug trafficking, human trafficking, weapon trafficking, terrorism, securities fraud, or tax evasion. The User represents and warrants that he/she will not use the Service to assist any other party in any illegal activity; and you shall not use our Service to: distribute spam, junk communications or chain letters; reverse engineer or otherwise improperly access any of the Service’s or the platforms underlying code or technical mechanisms; cause damage to the Service or the Company through any means, including (but not limited to) through the use of malware, viruses, illegitimate credentials, phishing, brute force attacks, SQL exploits, or any other method of detrimentally intercepting, interrupting, or damaging any information or functionality related to the Service. You are entirely responsible for any tax liability which may arise from minting or reselling your Cactoid Labs NFTs.
Notwithstanding the foregoing, the Company may refuse to provide Service or Opportunities to any person for any reason or no reason whatsoever, in its sole discretion.
USE OF SERVICE AND USER ACCOUNT
12. In order to gain access to the Opportunities you need to connect your third-party cryptocurrency wallet to the Service. You shall ensure that your connected cryptocurrency wallet was not engaged in any illegal activity/transactions.
13. Once you connect a cryptocurrency wallet to the Service, you may sell or purchase NFTs, both created outside the Service and NFT editions collections created through the Services. You are solely responsible for acknowledging the terms of
such sale/purchase transactions contemplated through the Service. You acknowledge and agree that the Company is not a party to such transactions contemplated between users in relation to the NFTs available at marketplace in the Service.
14. During the use of the Service you may create an Account (";Account") in the Service. You warrant and represent that all information provided when creating such an Account shall be current, complete, and correct as of that date. Thereafter, if anything shall cause any of such information to no longer be current, complete and correct, you shall promptly notify the Company in writing and provide all information necessary to make such information current, complete and correct.
DISCLAIMERS OF WARRANTIES
18. No communication or information provided to you by the Company is intended as, or shall be considered or construed as, investment advice, financial advice, trading advice, or any other sort of advice. Before making the decision to buy, sell or hold any NFT, you should conduct your own due diligence and consult your financial advisors before making any investment decision. The Company will not be held responsible for the decisions you make to buy, sell, or hold any NFT available at the Service.
19. EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY US, OUR SERVICE AND/OR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM, AND YOU WAIVE, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO OUR SERVICE AND/OR OPPORTUNITIES, INCLUDING THE INFORMATION, CONTENT AND MATERIALS CONTAINED THEREIN.
20. YOU ACKNOWLEDGE THAT INFORMATION YOU STORE OR TRANSFER THROUGH THE SERVICE MAY BECOME IRRETRIEVABLY LOST OR CORRUPTED OR TEMPORARILY UNAVAILABLE DUE TO A VARIETY OF CAUSES, INCLUDING SOFTWARE FAILURES, PROTOCOL CHANGES BY THIRD PARTY PROVIDERS, INTERNET OUTAGES, FORCE MAJEURE EVENT OR OTHER DISASTERS INCLUDING THIRD PARTY DDOS ATTACKS, SCHEDULED OR UNSCHEDULED MAINTENANCE, OR OTHER CAUSES EITHER WITHIN OR OUTSIDE OUR CONTROL. YOU ARE SOLELY RESPONSIBLE FOR BACKING UP AND MAINTAINING DUPLICATE COPIES OF ANY INFORMATION YOU STORE OR TRANSFER THROUGH THE SERVICE. COMPANY SHALL HAVE NO LIABILITY FOR ANY LOSS OR DAMAGE TO INFORMATION IN YOUR ACCOUNT.
21. Some jurisdictions do not allow the disclaimer of implied terms in contracts with consumers, so some or all of the disclaimers in this section may not apply to certain users.
LIMITATION OF LIABILITY
22. EXCEPT AS OTHERWISE REQUIRED BY LAW, IN NO EVENT SHALL THE COMPANY, OUR DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE OUR SERVICE OR THE COMPANY MATERIALS, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED FROM THE COMPANY, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM A FORCE MAJEURE EVENT, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO COMPANY'S RECORDS, PROGRAMS OR SERVICES.
23. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE COMPANY (INCLUDING OUR DIRECTORS, MEMBERS, EMPLOYEES AND AGENTS), WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE THE SERVICE EXCEED THE AMOUNT OF ONE THOUSAND US DOLLARS (US$1,000).
24. The Company shall not be liable for the information about NFTs published in the Website. In case of any misrepresentation contained in such information or in case of any infringement of User`s rights by any other User, the User shall deal with such directly with such User.
25. The Company shall not be liable for any damages caused by delay or failure to perform its obligations under the Agreement in case if the said delay or failure is due to fires; strikes; floods; power outages or failures; acts of God or the state’s enemies; lawful acts of public authorities; any and all acts that are regarded as Force Majeure in legal practice.
LIMITED RIGHT OF USE
27. You agree that you will not, under any circumstances:
b) Make improper use of the Service, including, without limitation, by submitting false personal information or using profane and abusive language in your communications with our personnel; or
c) Use the Service, intentionally or unintentionally, in connection with any violation of any applicable law or regulation, or do anything that promotes the violation of any applicable law or regulation or in violation of rights of third parties;
d) Use exploits, automation software or any unauthorized third party software designed to modify or interfere with the Service;
e) Use the Service in order to design or assist in the design of exploits, automation software or any other unauthorized third party software designed to modify or interfere with the Service;
f) Disrupt, overburden, or assist in the disruption or overburdening of any computer or server used to offer or support the Service (each a “Server”);
g) Organize, assist or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks, mining attacks upon the Service, or other attempts to disrupt the Server; or
h) Attempt to gain unauthorized access to the Service, Accounts registered to others or to the computers, Servers, or networks connected to the Service by any means other than the user interface provided by the Company, including, but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that is part of the Service;
i) Post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive;
k) Make available through the Service any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person, including without limitation a Company’s employee;
m) Use, facilitate, create, or maintain any unauthorized connection to the Service, including without limitation (1) any connection to any unauthorized server that emulates, or attempts to emulate any part of the Service; or (2) any connection using programs, tools, or software not expressly approved by the Company;
n) Except where permitted by law or relevant open source licenses, reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Service, or to obtain any information from the Service using any method not expressly permitted by the Company; or
p) Solicit or attempt to solicit personal information from other users of the Service;
q) Collect, harvest or post anyone’s private information, including personally identifiable information (whether in text, image or video form), identification documents, or financial information through the Service; or
r) Upload or transmit or attempt to upload or transmit, without Company’s express permission, any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats ("gifs"), 1x1 pixels, web bugs, cookies or other similar devices (sometimes referred to as "spyware," "passive collection mechanisms" or "pcms").
t) Publicly disseminate information (correspondence in whole or in part) obtained as a result of communication with the technical support team.
u) Register and use to access to the Service or Opportunities more than one account. In case if there are reasonable grounds to believe that you have registered or are using more than one Account, the Company has the right to restrict, suspend, terminate, modify or delete any and all accounts associated with you.
v) Use IP proxying or other methods to disguise the region (country) of your current location to circumvent geographical restrictions to order any Services or for any other purposes.
LINKING TO THE SERVICE
28. Linking to the Service is permitted provided that you comply with these rules. You may link to the home page of the Service or to any other page of this Service. However, you are not allowed to use in-line linking or framing. You may not state or imply that the Company endorses or sponsors the linker of its Service, products or Services. You must not use Companys intellectual property including but not limited to trademarks, trade name, copyright without permission from the Company. Furthermore, you agree to remove the link at any time upon notice from the Company.
THIRD PARTY MATERIALS
30. You hereby expressly agree that all rights, title, and interest in and to all intellectual property rights, including, without limitation, trademarks, service marks, trade names, logos, copyright, patents, domain names or other intellectual property interests or proprietary rights in this Service are vested in the Company and/or its licensors and the Company and/or its licensors are the sole and exclusive owners thereof. All rights in the Service not expressly granted herein are reserved by the Company. You agree not to copy, republish, frame, download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on the Service, its products or Opportunities except as expressly authorized herein. Except as otherwise provided, the Content published in this Service may be reproduced or distributed in unmodified form for personal non-commercial use only. Any other use of the Content, including without limitation distribution, reproduction, modification, display or transmission without the prior written consent of the Company is strictly prohibited. All copyright and other proprietary notices shall be retained on all reproductions.
31. The Company hereby disclaims any rights to trademarks, service marks, trade names, logos, copyright, patents, domain names or other intellectual property interests of third parties. All intellectual property interests of third parties listed above are the properties of their respective owners. Third Party Material are the properties of their respective owners. The Company disclaims any proprietary interests in the intellectual property rights other than its own.
32. If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
33. By using the Service in conjunction with creating, submitting, posting, promoting, or displaying content, or by complying with Service’s metadata standards in your metadata API responses, you grant us and other users a worldwide, non-exclusive, sublicensable, royalty-free license to use, copy, modify, and display any content, including but not limited to text, materials, images, files, communications, comments, feedback, suggestions, ideas, concepts, questions, data, or otherwise, that you submit or post on or through the Service for our current and future business purposes, including to provide, promote, and improve the Service. This includes any digital file, art, or other material linked to or associated with any NFTs that are displayed on the Service. However, you are entitled to choose any other open-source license under which you plan to distribute NFT editions collection created through the Service by adding the text of such license in metadata of your NFTs.
34. The Company does not claim that submitting, posting, or displaying this content on or through the Service gives us any ownership of the content.
35. You represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein for any content that you create, submit, post, promote, or display on or through the Service. You represent and warrant that such content does not contain material subject to copyright, trademark, publicity rights, or other intellectual property rights, unless you have necessary permission or are otherwise legally entitled to post the material and to grant the Company and other users the license described above, and that the content does not violate any laws.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
36. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the Company the written information specified below:
36.1 An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
36.2 A description of the copyrighted work that you claim has been infringed upon and a copy of a registration certificate issued by the US Copyright Office, if the work has been registered;
36.3 A description of where the material that you claim is infringing is located on the Service;
36.4 Your address, telephone number, and e-mail address;
36.5 A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
36.6 A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owners behalf.
37. Please note that this procedure is exclusively for notifying the Company and its affiliates that your copyrighted material has been infringed.
APPLICABLE LAW AND DISPUTE RESOLUTION
PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH US AND IT LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF.
38. This Agreement shall be governed, construed, and enforced in accordance with the law of the State of Delaware without regard to its conflicts of laws rules.
39. The Parties will tend to solve all disputes, differences and claims that can arise out of the execution, termination or cancellation of the Agreement by means of negotiations. The Party that has some claims should send a notification to the other Party describing the arisen claims and/or differences. In case of no agreement during negotiations, the Party shall send a claim to the other Party. The party receiving the claim is obliged to respond in writing to it within 10 (ten) days from the date of receipt.
40. All disputes arising out of or in connection with these Terms, including without limitation your access or use of the Site, or to any products sold or distributed through the Site, will be referred to and finally resolved by arbitration under the rules of the American Arbitration Association. The case will be adjudicated by a single arbitrator and will be administered by the American Arbitration Association in accordance with its applicable rules. Each party will cover its own fees and costs associated with the arbitration proceedings. The place of arbitration will be Los Angeles, California. The award of the arbitrator will be final and binding, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing, we may seek and obtain injunctive relief in any jurisdiction in any court of competent jurisdiction.
WITH RESPECT TO ANY DISPUTE ARISING OUT OF OR RELATED TO THESE TERMS, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THE SITE OR ANY PRODUCTS SOLD OR DISTRIBUTED THROUGH THE SITE, OR THE SMART CONTRACTS: (I) YOU HEREBY EXPRESSLY GIVE UP YOUR RIGHT TO HAVE A TRIAL BY JURY; AND (II) YOU HEREBY EXPRESSLY GIVE UP YOUR RIGHT TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS IN ANY LAWSUIT, INCLUDING BUT NOT LIMITED TO CLASS ACTION LAWSUITS INVOLVING ANY SUCH DISPUTE.
41. The number of arbitrators shall be one. The language to be used in the arbitral proceedings shall be English.
44. If any term, provision, covenant or restriction of this Agreement is held by a court of competent jurisdiction to be invalid, illegal, void or unenforceable, the remainder of the Agreement, provisions, covenants and restrictions set forth herein shall remain in full force and effect and shall in no way be affected, impaired or invalidated, and the parties hereto shall use their commercially reasonable efforts to find and employ an alternative means to achieve the same or substantially the same result as that contemplated by such term, provision, covenant or restriction. It is hereby stipulated and declared to be the intention of the parties that they would have executed the remaining terms, provisions, covenants and restrictions of the Agreement without including any of such that may be hereafter declared invalid, illegal, void or unenforceable.
45. Any notice or other communication under this Agreement shall be in writing and shall be considered given and received when sent by email. The Users official email for communication shall be deemed the email specified by the User during the creation of Account. The language of the communication shall be English.
47. Despite all the security measures implemented by the Company, the User acknowledges that there are certain risks of the Company being attacked by electronic means in order to obtain the private information and that the Company cannot guarantee full protection.
TERM AND TERMINATION
50. WITHOUT LIMITING OUR OTHER REMEDIES, WE MAY LIMIT, SUSPEND OR TERMINATE THE SERVICE AND USER ACCOUNTS OR PORTIONS THEREOF, PROHIBIT ACCESS TO OUR SERVICE, AND ITS CONTENT, SERVICES AND TOOLS, DELAY OR REMOVE HOSTED CONTENT, AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT USERS FROM ACCESSING THE SERVICE IF WE BELIEVE THAT THEY ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF OUR TERMS OR POLICIES. ADDITIONALLY, WE MAY, IN APPROPRIATE CIRCUMSTANCES AND AT OUR SOLE DISCRETION, SUSPEND OR TERMINATE ACCOUNTS OF USERS WHO MAY BE REPEAT INFRINGERS OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS.
51. The Company reserves the right to stop offering and/or supporting the Service or part of the Service at any time either permanently or temporarily, at which point your license to use the Service or a part thereof will be automatically terminated or suspended.
52. Changes to the Terms and Conditions
We may make changes to the Terms at our discretion. Please check these Terms periodically for changes. Any changes to the Terms will apply on the date that they are made, and your continued access to or use after the Terms have been updated will constitute your binding acceptance of the updates. If you do not agree to any revised Terms, you may not access or use the Site.
Fees and Payment
53.1; If you elect to purchase a Cactoid Labs NFT through the Site, any financial transactions that you engage in will be conducted solely through the Ethereum network. We will have no insight into or control over these payments or transactions, nor do we have the ability to reverse any transactions. We will have no liability to you or to any third party for any claims or damages that may arise as a result of any transactions that you engage or any other transactions that you conduct via the Ethereum network.
53.2; Ethereum requires the payment of a transaction fee (a “Gas Fee”) for every transaction that occurs on the Ethereum network. The Gas Fee funds the network of computers that run the decentralized Ethereum network. This means that you will need to pay a Gas Fee for each transaction.
53.3. We have worked very hard to make sure that there are no bugs in our smart contract and that our initial NFT launch is smooth. As we have seen in many previous projects, however, sometimes things break. You agree to hold The Company harmless for any losses you may incur as a consequence of minting your NFT. These potential losses include any gas fees for failed transactions, any excessive gas fees charged due to website or smart contract bugs, and any loss of your NFT due to website or smart contract bugs.
54. You understand that from time to time the Company may be required to collect personal data from you, including but not limited to, identification information such as name, email address, and shipping address and cryptocurrency wallet information. You acknowledge and agree that we may share personal information with third-party service providers who aid us in meeting our operational needs, including but not limited to, third-party payment processing services, hosting services, cloud services, and other information technology services. We may also share personal information as required to comply with applicable laws and regulations, including but not limited to OFAC rules and regulations. Company recognizes that any data provided by you to us is extremely important and we shall, therefore, be particularly sensitive in handling such data. Company shall not sell any personal information to any third parties. Company shall use commercially reasonable efforts to employ technical, organizational and physical safeguards designed to protect the personal information we collect and safeguard your data. Nevertheless, no security measures are failsafe and we cannot guarantee the security of your personal information. You are advised that there are inherent security risks in transmitting data, such as emails, addresses or other personal information, via the website, because it is impossible to safeguard completely against unauthorized access by third-parties. Company shall not be held liable for any damages incurred as a consequence of such security risks or for any related acts of omission on our part.