Posted: 2023; Last Updated and Effective: February 1, 2023
PLEASE READ THESE TERMS OF SERVICE (THE “TERMS”) CAREFULLY BEFORE USING OUR SERVICE AS THEY CONTAIN IMPORTANT INFORMATION AND AFFECT YOUR LEGAL RIGHTS. THESE TERMS REQUIRE THE USE OF BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS IN COURT (AS DESCRIBED IN MORE DETAIL BELOW IN THESE TERMS), AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. IF YOU DO NOT AGREE WITH OUR TERMS OF SERVICE, PLEASE DO NOT CREATE AN ACCOUNT OR USE OUR PLATFORMS OR SERVICE. These Terms of Service are a legally binding agreement between you and us and will commence when entered into and continue until terminated as provided in these Terms.
For purposes of these Terms the following words have the meanings stated below:
“ Company , “ we ” and “ us ” means Infinite Reality, Inc., and its affiliated companies, including its subsidiary Infinite Metaverse, Inc.
“ Including ” means including without limitation.
“ NFT ” means a non-fungible token or similar digital item implemented on a blockchain using smart contracts, such as a non-fungible token conforming to the ERC-721 standard on the Ethereum blockchain network. The NFT is separate and distinct from the content or any other third party intellectual property with which it may be linked or associated.
“ Platforms ” means collectively the Infinite Metaverse platform (the “IM platform”), the Display Social platform and any other platforms owned or controlled by Company.
“ User ”, “ you ” and “ your ” means you as the user of the Platforms or Service, including to host or support your content. If you use the Platforms or Service on behalf of a company or other entity then “you” includes you and that entity, and you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to the Terms and you agree to these Terms on the entity’s behalf.
By participating on the Platforms, or using our Service you are becoming a member of a community that depends on the goodwill and responsible behavior of each of our users. You are required to refrain from transmission or communication of images or text constituting ethnic slurs, obscenities, nudity, sexually explicit material, inflammatory or derogatory comments, or anything else that may be construed as harassing, offensive or unlawful (a more detailed list of prohibited content is below in these Terms.) Users who violate this trust, as determined by us in our sole discretion, may have their access to our Service suspended or terminated without prior notice as more specifically discussed in these Terms.
We agree to provide you with the Platforms, and the Service as set forth in these Terms.
The Service includes our Platforms, the Metaverse environments, the NFT Marketplaceand all our websites, products, features, applications, services, technologies, tools, functionalities and software that we provide to advance our purpose of connecting and engaging people and creating and communicating with communities of shared interests. The Service consists of many aspects including the following:
- Offering opportunities to create, engage and share content, connect and conduct eCommerce.
We want to connect people with their friends, followers, other creators and interests, and reward you for your content creation, ecommerce and other activity on the Platforms as described in these Terms. So, we try to understand who and what you and others care about and use the Platforms to help you create, find, join and share your experiences and interests.
- Fostering a positive, inclusive, and safe environment.
- Ensuring a stable global infrastructure for the Service.
- Connecting you with brands, products, experiences and services meaningful to you.
We award you for your content and activity on the Display Social platform
We do not charge users of the Display Social platform for the opportunity to participate in the Display Social platform Creator Awards Program. However, we do receive compensation from advertisements, retailers, brands, merchants and other partners participating in connection with content. We may also receive compensation from eCommerce transactions initiated and completed through the Platforms.
One of the key differentiators and benefits of becoming part of the Display Social platform community is that we provide you the opportunity to earn awards for your content and activities on the Display Social platform based on advertisements and eCommerce transactions directly related to the content created by registered users on the Display Social Platform. The Creator Awards Program explains how this works.
What We Expect From You
In return for providing our Service, we require certain things from you.
Who Can Use our Service?
We want the Platforms to be safe, open and inclusive, but we also want to make sure that is the Platforms are secure and in accordance with the law. Accordingly, we ask you to agree to a few restrictions in order to participate in the platform community.
- You must be at least 16 years old. IF YOU ARE BETWEEN THE AGES OF SIXTEEN (16) AND EIGHTEEN (18) YEARS OLD (OR ANY GREATER AGE REQUIRED TO BE DEEMED TO HAVE REACHED THE AGE OF MAJORITY UNDER THE APPLICABLE LAW OF THE STATE OR JURISDICTION OF YOUR PRIMARY RESIDENCE) YOU MAY ONLY ACCESS AND USE THE PLATFORMS WITH THE PRIOR PERMISSION OF YOUR PARENT OR LEGAL GUARDIAN, AND YOU REPRESENT AND WARRANT TO US THAT YOU HAVE SUCH PERMISSION AND THAT YOUR PARENT OR LEGAL GUARDIAN HAS REVIEWED AND DISCUSSED THESE TERMS WITH YOU. SINCE CERTAIN CONTENT MADE AVAILABLE ON THE PLATFORMS MAY NOT BE SUITABLE FOR MINORS, WE RECOMMEND THAT PARENTS OR LEGAL GUARDIANS WHO PERMIT THEIR CHILD TO ACCESS AND USE THE PLATFORMS SUPERVISE SUCH CHILD’S ACTIVITY, INCLUDING ANY INTERACTION WITH ANY OTHER USER.
- You must not be restricted from using or receiving the Platforms, the Service or participating in our community under applicable laws.
- You must not be on an applicable Denied Party Listing, prohibited from engaging in Display Dollar awards relating or derived from using the Display Social platform or otherwise prohibited from using our Service.
- We must not have previously disabled any of your accounts for violation of law or any of our policies.
- You must not be located in a country that is subject to a U.S. Government embargo and you must not have not been identified as a Specially Designated National or placed on any U.S. Government list of prohibited, sanctioned, or restricted parties.
You must comply with all applicable laws. If you access or use the Platforms or Service outside the United States, you are solely responsible for ensuring that your access and use of the Platforms, or Service in such country, territory or jurisdiction does not violate any applicable laws.
How You May Not Use the Platforms
Providing safe, secure and open Platforms and Service for a global and diverse community requires that everyone contribute, and we all do our part.
- You must provide transparent and accurate information.
You must provide us with accurate and up to date information (including registration information). You may not impersonate someone you are not. You are responsible for the security of your account information. You should not share your log-in credentials with others, and you must immediately report any breach of your log-in credentials to us.
- You will not do anything unlawful, misleading, fraudulent, illegal or unauthorized on the Platforms or while using our Service. Accordingly, you agree not to:
- Violate (or help or encourage others to violate) these Terms or our policies, or do anything that interferes with or alters the intended operation of the Platforms or our Service.
- Create accounts or collect information in an unauthorized or automated way without our express permission.
- Buy, sell, or transfer any aspect of your account (including your username) or solicit, collect, or use login credentials or badges of other users.
- Sell, disclose, share, rent, lease, syndicate, modify, reverse engineer, decomplle, lend or otherwise alter any user personal information and take all reasonable measures to protect all user personal information under your control or in your possession from unauthorized access by third parties.
- Post private or confidential information or do anything that violates someone else's rights, including intellectual property rights.
- Use a domain name or URL in your username without our prior written consent.
- Damage, interfere with or unreasonably overload the Platforms or Service.
- Introduce any code intended to disrupt or interfere with the Platforms or Service.
- Alter or delete any information, data, text, links, images, software, chat, communications and other content available through the Platforms or Service.
- Access the Platforms or Service by expert system, electronic agent, “bot” or other automated means.
- Use scripts or disguised redirects to derive benefit from us.
- Modify, reverse engineer, reverse assemble, decompile, copy or otherwise derive any of our source code for any reason.
- Post any material in any form whatsoever on the Platforms within our community that (i) is discriminatory, harassing, hateful, bullying, abusive, pornographic, threatening, defamatory, obscene, or violent, (ii) promotes weapons, firearms or any technology of violence; or (iii) is considered junk mail, spam, a part of a pyramid scheme, a disruptive commercial message or disruptive advertisement, or (iv) otherwise is unlawful or violates any third-party’s right of privacy or publicity.
- Infringe any third-party’s patent, copyright, service mark, trademark or other intellectual property right of any kind or misappropriate the trade secrets of any third-party in connection with your use of the Platforms or Service.
- Engage in any activity that does not comply with applicable law and regulations or otherwise engage in any illegal, manipulative, fraudulent, deceptive or misleading activity.
- Use manual or automated software, devices or other processes to "scrape," "crawl," "spider" , “data-mine”, or index any page or content.
- Hack or interfere with the Platforms, the Service, its servers or any connected networks.
- Access the Service from a different account or address, including a different blockchain address if we’ve blocked any of your other accounts or addresses from accessing our Service, unless you have our prior written permission.
- Use the Service for money laundering, terrorist financing or other illicit finance.
- Use the Service to carry out any financial activities subject to registration or licensing, including creating, selling or buying securities, commodities, options or debt instruments.
- Use the Service to create, sell or buy NFTs or other items that give owners rights to participate in an initial coin offering (ICO) or any securities offering, or that are redeemable for securities, commodities, or other financial instruments.
- Use the Service to engage in NFT price manipulation, fraud, or other deceptive, misleading, or manipulative activity.
- Use the Service to buy, sell or transfer stolen items, fraudulently obtained items, items taken without authorization, or any other illegally obtained items.
- You can report violations. You can report content you think violates these Terms or our policies, or inappropriate conduct or content, including content that you think infringes your intellectual property rights, or if you are notified that content you posted infringes on the intellectual property rights of any other third-party, directly in the IM Platform by clicking on the customer service portal link, directly in the Display Social app by clicking on the Customer Care link available in the app menu, or by contacting [Customer Care]. You are required to notify us in the event that you receive an infringement notice or other take down request regarding your content.
Copyright Infringement Notices and Digital Millennium Copyright Act.
We respect the intellectual property rights of others and we ask you to do the same. We comply with the requirements of the Digital Millennium Copyright Act (the “DMCA”) and the Platforms and Service avails itself of the protections under the DMCA. If you believe that any content infringes upon any copyright which you own or control, you may send a written notification with the following information to [Customer Care]:
- A description of the copyrighted work or other intellectual property that you claim has been infringed, with sufficient detail so that we can identify the alleged infringing material;
- The specific location or user that contains the alleged infringing material, with reasonably sufficient information to enable us to locate the alleged infringing material on the Platforms or our Service;
- Your name, mailing address, telephone number and email address;
- The electronic or physical signature of the owner of the copyright or a person authorized to act on the owner’s behalf;
- 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; and
- A statement by you that the information contained in your notice is accurate and that you attest under penalty of perjury that you are the copyright owner or that you are authorized to act on the copyright owner’s behalf.
Our policy is to (i) remove or disable access to content that we know to be infringing the intellectual property rights of third parties or that has been identified in a valid DMCA notice and (ii) in appropriate circumstances terminate the accounts of and block access to the Service by any users who in our sole discretion, are repeat infringers. Knowingly misrepresenting in a notification that material is infringing can subject you to damages, including costs and attorneys’ fees, incurred by us or the claimed infringer.
You understand that we may forward your notification (including your contact information) to the author of the allegedly infringing content so they understand why it is no longer available and they can contact you to resolve any dispute.
Counternotice to Restore User Content Removed for Alleged Copyright Infringment : If you believe that your content is not infringing or that you have the authority to use the content, you may send a counternotice as follows:
- Your name, address, telephone number and email address;
- A description of where on the Platforms the content that was removed or disabled previously appeared;
- A statement under penalty of perjury that you have a good faith believe that the content was removed or disabled as a result of a mistake or misidentification;
- A statement that you consent to the jurisdiction of the U.S. District Court for the judicial district in which your address is located, or if your address is outside of the United States, the District of New York and that you will accept service of process from the person who filed the original DMCA notice or an agent of that person; and
- Your electronic or physical signature.
You understand that we may send a copy of any counter-notice (including contact information) to the party that initially sent the notification of infringement, which they can use to contact you.
Unless the copyright owner files an action seeking a court order against the provider of the content, the removed content may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, in our sole discretion.
Permissions and Licenses You Give to Us
As part of your agreement with us, you agree to give us permissions that we need to provide our Service.
- We do not claim ownership of your content, but you grant us a non-exclusive, perpetual license to use your content and you represent you have the right to do so.
While we do not claim ownership of your content (“user content”) that you post on or through the Platforms or our Service, when you share, post, submit, or upload user content including Metaverse content that is covered by intellectual property rights (like photos, videos, artwork, words, music, etc.) on or in connection with the Platforms, or Service, you hereby grant to us a non-exclusive, royalty free, fully paid-up, transferable, sub-licensable, perpetual, worldwide right and license to host, store, use, distribute, modify, run, copy, localize, reproduce, publicly perform, publicly display, translate, transfer, distribute and create derivative works of and collective works with your user content (the “User Content License”). To the extent any moral rights are not transferable or assignable, you hereby waive and agree never to assert any and all moral rights (droit moral) or to support, maintain or permit any action based on any moral rights that you may have in or with respect to any user content you submit or upload on or through the Platforms or our Service. The rights and User Content License you grant in these Terms are provided on a through-to-the-audience basis, meaning the owners or operators of third-party services will not have separate liability to you or any third party for the user content that you have made available on the Platforms, or through the Service or used on those third-party services via our Service. In addition to and not in limitation of the foregoing, the User Content License includes the right for us to reference your content with other user content or material to promote, market or advertise the Company, our Service or our Platforms. We may also use user content for educational uses to promote the Service and our Platforms (and we will reasonably determine whether a use is educational). We are not required to give you any attribution or compensation for any reason. We are not required to use the User Content License or exploit any of the rights granted by you. By uploading or submiting any user content to the Platforms or our Service you waive any rights to prior inspection or approval of any marketing or promotional materials related to such content.
- You Grant Us Permission to Use Sound and Video Recordings . In addition to the foregoing and not in limitation thereof, the rights and User Content License you have granted to us includes the right to reproduce sound and video recordings (and make mechanical reproductions of the musical works embodied in all such recordings), and publicly perform and communicate to the public such recordings (and the musical works embodied therein), all on a royalty-free basis; which means that you are granting us the right to use your user content without the obligation to pay royalties to any third party, including, but not limited to, a sound recording copyright owner (e.g., a record label), a musical work copyright owner (e.g., a music publisher), a performing rights organization (e.g., ASCAP, BMI, SESAC, etc.) (a “PRO”), a sound recording PRO (e.g., SoundExchange), any film studio, any unions or guilds, and engineers, producers or other royalty participants involved in the creation of your user content. If you are a composer or author of a musical work and are affiliated with a PRO, then you must notify your PRO of the royalty-free license you grant through these Terms to us. You are solely responsible for ensuring your compliance with the relevant PRO’s reporting obligations. If you have assigned your rights to a music publisher, then you must obtain the consent of such music publisher to grant the royalty-free license(s) set forth in these Terms or have such music publisher enter into these Terms with us. You should not presume that since you authored a musical work that you have all the rights necessary to grant us the rights and licenses in these Terms.
- Permission to use your username, profile picture, and information about your relationships and actions with accounts, ads and sponsored content.
You give us permission to show your username, profile picture, and information about your actions or relationships (including likes and follows) next to or in connection with accounts, ads, offers and other sponsored content that you follow or engage with that are displayed on the Platforms, without any compensation to you other than as provided in these Terms under the section “Creator Awards” in connection with the Display Social platform. We will, however, respect your ad settings.
- We disclaim responsibility and assume no liability for any deletion, correction, destruction, damage, loss, or failure to store or back-up any of your content.
- You agree that we can download and install updates to the Service on your device.
Permissions and Licenses We Give To You
The Service License . We grant to you a non-exclusive, limited, revocable, non-transferable, non-assignable, non-sublicensable and personal right and license to access and use the Platforms and the Service, subject in all respects to these Terms and our policies, and not for commercial use or redistribution of any kind (the “Service License”). The License is granted to you for the sole purpose of enabling you to use the Platforms and Service as permitted by these Terms.
The Metaverse , The Metaverse environments (the “Metaverse environments”) on our Platforms is the space that Company has created to, among other things, allow users to create a Metaverse or Metaverse content to share with other users. Company may from time to time make available tools, technology, functionalities, features or other services (the “Metaverse Creator Tools”) to enable users to create, develop, post, upload or release a 3-D metaverse world or metaverse experience (a “Metaverse”) or an element of or content for a metaverse ( “Metaverse content”) on our Platforms or through our Service. Company owns or controls all rights in and to all Metaverse Creator Tools and all elements contained therein, and makes such Metaverse Creator Tools available to you solely pursuant to the Service License. While we do not own your Metaverse or Metaverse content (except any Company IP that may be contained therein), Users who create, develop, post, upload or release a Metaverse or Metaverse content on our Platforms or through our Service may use, distribute, run, create derivative works of, create collective works with, publicly display or publicly perform, the Metaverse or Metaverse content solely on our Platforms and on our Service, unless you have entered into a separate written agreement with us. The Metaverse Creator Tools must be used in a manner consistent with our Terms and policies and the use of any Metaverse Creator Tool does not give you any ownership rights in any Metaverse Creator Tool. You will not be entitled to any payment or ther compensation for your use of any Company IP or Metaverse Creator Tool, including any such Company IP or Metaverse Creator Tool that you may modify or enhance.
Other Content License . Subject to your compliance with our Terms and policies, we grant you a non-exclusive, limited, revocable, non-transferable, non-assignable, non-sublicensable and personal right and license to use other content that we develop and make available in our Metaverse environments on our Platforms or through our Service solely for use on our Platforms in your Metaverse or Metaverse content (the “Other Content License”).
- Commercial Use . The Service License, and the Other Content License does not include any resale or commercial use of (i) the Platforms or the Service, (ii) any registration data, (iii) any content, Metaverse Creator Tools, materials, information, text, data, copyrights, trademarks, logos, designs, insignia, images, photos, musical compositions, sound recordings, screenshots, videos, chats, posts, graphics, identifying marks, App pages, software, and other original works of authorship or intellectual property uploaded to or incorporated into the Platforms or Service by or on behalf of the Company, which is and shall remain the sole and exclusive property of Company or the applicable third-party licensor thereof, or (iv) any user content, that you or any other user submits or uploads onto the Platforms which user content is and shall remain the sole and exclusive property of you or the applicable User (or the applicable third-party licensor thereof), unless subject to any other written agreement between the Company and you or any other User or third-party licensor, as applicable.
- Ownership . As between any User and Company, Company retains all ownership, right, title and interest in and to the Platforms and the Service, throughout the world, in perpetuity, including, (i) all text, graphics, typefaces, formatting, graphs, designs, editorial content, HTML, look and feel, software, and data, (ii) all business processes, technology, tools, procedures, methods, and techniques used in the Platforms or the Service, (iii) all other materials and content uploaded or incorporated into the Platforms or the Service, including all content (but excluding user content, which as between Company and the applicable User is owned by the applicable User subject to the User Content License granted by such User to Company pursuant to these Terms), (iv) all associated trade secret rights and all other intellectual property and proprietary rights recognized anywhere in the world; and (v) the coordination, selection, arrangement and enhancement of such Platforms and Service as a Collective Work under the United States Copyright Act, as amended (collectively, “Company IP”) and nothing contained herein shall be construed as creating or granting to any User any right, title or interest in and to such Company IP other than the express Service License and Other Content License granted therein pursuant to these Terms. Company IP is protected in all forms, media and technologies now known or hereinafter developed as well as by the domestic and international laws of copyright, trademarks, patents, and other proprietary rights and laws,
Additional Rights We Retain
- If you select a username or similar identifier for your account, we may change it if we believe it is appropriate or necessary (for example, if it infringes someone's intellectual property or impersonates another user).
- If you use content covered by intellectual property rights that we have and make available in the Platforms (for example, images, designs, videos, music or sounds we provide that you add to content you create or share), we retain all rights to our content (but not yours). Removal of any marks indicating our intellectual property rights such as trademarks and copyright is prohibited.
- You can only use our intellectual property, patents and trademarks or similar marks as expressly permitted by these Terms or with our prior written permission. You acknowledge that we are the sole owner of our intellectual property. Registration or attempted registration of our marks in whole or in part is prohibited. You may not manufacture, sell or give-away merchandise items bearing any of our marks, except pursuant to an express written trademark license from us. You may not imitate our distinctive design, logos or typefaces or other trade dress, except pursuant to an express written trademark license from us.
- You must obtain written permission from us or under an open source license to modify, create derivative works of, decompile, or otherwise attempt to extract source code from us.
Content Removal and Disabling or Terminating Your Account
We reserve the right to monitor the Platforms and Service and to investigate complaints or reported violations of the Terms or our policies to find any user content that needs to be removed. Users are prohibited from interrupting such monitoring and other activity. We can remove, block, hide or otherwise delete any content or information you share on the Platforms if we believe that it violates these Terms, our policies or are required to do so by law. We can refuse to provide or stop providing all or part of our Service to you (including terminating or disabling your account) without notice if you seriously or repeatedly violate these Terms, our policies, infringe other people's intellectual property rights, create risk or possible legal exposure for us, or where we are required to do so by law. If we remove your content or disable or terminate your account, while we have no obligation, we will notify you where we determine appropriate. You or we may also delete your account or disable your application at any time. In all such cases, these Terms shall terminate, but your representations, warranties, indemnities and any other provisions that, expressly or by implication are intended to survive, will survive the termination of your participation on the Platforms, your account, our Service or these Terms. If you believe your account has been terminated in error, or you want to disable or permanently delete your account, please contact [Customer Care].
- We may 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 including the NFT Terms. In such cases, we in our sole discretion, may disable your account and block your ability to access our Service, including the NFT Marketplace until such additional information and documents are processed by us. If you do not provide complete and accurate information in response to such a request, we may refuse to restore your access to our Service.
- Content you delete may persist for a limited period of time in backup copies and will still be visible where others have shared it.
- Metaverse Fees . When you create, upload or post a Metaverse or Metaverse content, use our Metaverse Creator Tools or use certain features or functionalities in our Metaverse environments you may be subject to service fees and other charges (“Fees”) established from time to time, and as may be adjusted from time to time, in the sole discretion of Company.
- NFT Marketplace Fees . Creating, buying selling or transferring NFTs may be subject to fees, commissions, royalties and other charges (“NFT Fees”) established from time to time, and as may be adjusted from time to time, in the sole discretion of Company, an NFT creator, or participants in the Ethereum ecosystem (as more specifically described in the NFT Terms below).
You will be solely responsible to pay any and all sales, use, value-added and other taxes, duties, and assessments (except taxes on our net income) now or hereafter claimed or imposed by any governmental authority associated with your use of our Service including the Metaverse environments or NFT Marketplace.
Disputes Between Users and Content Owners
If a User has any issues with any content on the Platforms including metaverse content or experiences, virtual items or other content, User should first contact the content owner directly to make a genuine, good faith effort to resolve the issue. We are not responsible for these types of issues between Users and content owners, however, we want to make sure that the use of our Platforms and Services is a positive experience. As a result, we have the right (but not the obligation) to intervene in issues between Users and content owners so that we can help resolve them. If we choose to take action in any dispute between a User and content owner, our decision is final and User and content owner will accept our decision. User agrees to work with us in a timely manner to resolve all such issues, and failure to do so is a violation of these Terms of Service.
This Agreement and How We Handle Disagreements
- Your use of music on the Platforms is subject to these Terms of Service, and our policies. If you use certain other features or related services, including the NFT Marketplace, or Metaverse environments you agree to any additional terms governing those features or services that will also become a part of our agreement. If any of those terms conflict with this agreement, those other terms will govern.
- If any aspect of this agreement is unenforceable, the rest will remain in effect. Any amendment or waiver to our agreement must be in writing and signed by us. If we fail to enforce any aspect of this agreement, it will not be a waiver.
- We reserve all rights not expressly granted to you.
- How to contact the Company with Questions.
If you have questions about these Terms of Service, our policies or our Service you can contact us by emailing [Customer Care] or by mail at the address below:
Infinite Reality, Inc.
P.O. Box 1061
Norwalk, CT 06854
Who Has Rights Under this Agreement?
- This agreement does not give rights to any third parties.
- You cannot transfer your rights or obligations under this agreement without our prior written consent.
- Our rights and obligations can be assigned to others. For example, this could occur if our ownership changes (as in a merger, acquisition, or sale of assets) or by law.
Who Is Responsible if Something Happens?
- We will use reasonable skill and care in providing the Platforms and Service to you and in keeping a safe and secure environment, but we cannot guarantee that the Platforms or Service will always function without disruptions, delays, or imperfections. We do not accept responsibility for losses (i) not caused by our material breach of these Terms, (ii) from any offensive, inappropriate, obscene, unlawful, or otherwise objectionable content posted by others that you may encounter on the Platforms, or (iii) from events beyond our reasonable control.
- WE ARE NOT RESPONSIBLE AND HAVE NO LIABILITY FOR ANY DELETION, CORRECTION, DESTRUCTION, DAMAGE, LOSS, OR FAILURE TO STORE OR BACK-UP ANY USER CONTENT. YOU ARE FULLY RESPONSIBLE AND LIABLE FOR THE CONTENT THAT YOU UPLOAD.
- The above does not exclude or limit our liability for anything where the law does not permit us to do so.
You agree to release, defend and indemnify us, as well as our respective officers, directors, members, managers, employees, equity holders, successors, agents, licensors, contractors, service providers, vendors, subsidiaries and affiliates (collectively the “ Company Indemnitees”), for any and all claims, demands, damages, losses and causes of action (including attorneys’ fees and court costs) of every kind or nature, known or unknown, foreseen or unforeseen, in law or equity whether in tort, contract or otherwise, including but not limited to damages to property or personal injury directly or indirectly arising out of or relating to: (1) your access to or use of the Platforms or the Service, (including any interactions with, or act or omission of, other users of the Platforms or our Service or any third party links, advertisements or other content), (2) your breach of these Terms including any infringement of intellectual property rights, (3) your negligence or wilful misconduct, or (4) any materials in any form whatsoever that are provided by you (or through your username or password). IN ENTERING INTO THIS RELEASE YOU EXPRESSLY WAIVE ANY PROTECTIONS (WHETHER STATUTORY OR OTHERWISE) THAT WOULD OTHERWISE LIMIT THE COVERAGE OF THIS RELEASE TO INCLUDE THOSE CLAIMS WHICH YOU MAY KNOW OR SUSPECT TO EXIST IN YOUR FAVOR AT THE TIME OF AGREEING TO THIS RELEASE. You agree to cooperate as fully as reasonably required in our defense or settlement of any claim. We reserve the right, in our reasonable discretion, to assume exclusive control over the defense and settlement of any matter subject to indemnification by you.
California Residents. TO THE EXTENT APPLICABLE, YOU HEREBY WAIVE THE PROTECTIONS OF CALIFORNIA CIVIL CODE § 1542 (AND ANY ANALOGOUS LAW IN ANY OTHER APPLICABLE JURISDICTION) WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
We always appreciate feedback or other suggestions. If we decide to use them, we may do so without any restrictions or obligation to compensate you. We are under no obligation to keep them confidential.
Updating These Terms of Service
We may change the Platforms (including the IM platform and the Display Social platform), these Terms of Service, or our policies at any time at our sole discretion, including to make changes so that they accurately reflect the Platforms, the Service and policies. We encourage you to review these Terms carefully and to check these Terms of Service periodically for any updates or changes and to ensure that you understand the terms and conditions that apply when you access or use the Platforms or our Service. Unless otherwise required by law, if we make a material change or amendment to these Terms of Service, our Service or our policies we will use reasonable efforts to provide a notice of such changes or amendments on the Platforms or through the Service by posting the revised Terms on the Platforms, or updating the “last updated” date at the beginning of these Terms, and such changes or amendments will be effective automatically upon the posting of such notification. You agree that all agreements, notices, disclosures and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing. Notwisthstanding the terms of this paragraph, no revisions to the Terms of Service will apply to any dispute between you and us that arose prior to the effective date of such revision.
We may, from time to time, release new versions of the Platforms, or release or introduce new tools, products, services, functionalities, or features for the Platforms or our Service, which will be deemed to be a part of the Service and shall be subject to these Terms of Service, and any additional terms of service as may apply to such additional versions, tools, products, services, functionalities, or features shall be deemed to be a part of your agreement with us.
IF ANY PROVISION OF THESE TERMS OF SERVICE OR OUR POLICIES, OR ANY FUTURE CHANGES OR AMENDMENTS ARE UNACCEPTABLE TO YOU, DO NOT USE OR CONTINUE TO ACCESS OR USE THE PLATFORMS OR SERVICE AND DO NOT CREATE AN ACCOUNT. YOUR CONTINUED ACCESS TO OR USE OF THE PLATFORMS OR ANY SERVICE FOLLOWING THE POSTING OF ANY NOTICE OF ANY CHANGE OR AMENDMENT TO THESE TERMS OF SERVICE SHALL CONSTITUTE YOUR ACCEPTANCE AND AGREEMENT TO SUCH CHANGE OR AMENDMENT.
Modifications to the Platforms or the Service
We reserve the right in our sole discretion to modify, suspend, or discontinue, temporarily or permanently, the Platforms or the Service (or any features or parts thererof including the NFT Marketplace or the Metaverse environments) at any time and without liability as a result.
How We Will Handle Disputes; Arbitration; Class Action Waiver; Limits on Liability
- We would like an opportunity to address your concerns without a formal legal case. Before filing a claim against us, you agree to try to resolve the dispute informally by first contacting [Customer Care]. We will try to resolve the dispute informally by responding to you in writing via email.
- If you are a consumer and habitually reside in a Member State of the European Union, the laws of that Member State will apply to any claim, cause of action, or dispute you have against us that arises out of or relates to these Terms of Service or any of our other policies ("claim"), and you may resolve your claim in any competent court in that Member State that has jurisdiction over the claim. In all other cases the following shall apply, except to the extent that you are a consumer and the law of the country in which you reside does not permit the following to apply:
PLEASE READ THIS SECTION CAREFULLY – IT CONTAINS AN ARBITRATION AGREEMENT. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
- If you elect to seek arbitration or file a small claim court action, you must first send to us, by certified mail, a written notice of your claim (“Notice”). The Notice to us must be addressed to: Legal Counsel, Infinite Reality, Inc., P.O. Box 1061, Norwalk, CT 06854. If we initiate arbitration, we will send a written notice to an email address you have previously provided to us, if available. A notice, whether sent by you or by us, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If you and we do not reach an agreement to resolve the claim within 30 days after the notice is received, you or we may commence an arbitration proceeding or file a claim in small claims court. Arbitration forms can be downloaded from www.jamsadr.com . If you are required to pay a filing fee, after we receive notice that you have commenced arbitration, we will promptly reimburse you for your payment of the filing fee, unless your claim is for greater than US$10,000 or the arbitrator determines the claims are frivolous, in which event you will be responsible for filing fees.
- The arbitration shall be administered by JAMS or its successor (“JAMS”) and conducted in accordance with the JAMS Streamlined Arbitration Rules And Procedures in effect at the time the Arbitration is initiated or, if the amount in controversy exceeds $100,000, in accordance with the JAMS Comprehensive Arbitration Rules And Procedures then in effect (respectively, the “JAMS Rules”), except to the extent that the JAMS Rules are inconsistent with this Agreement or the class action waiver described below. The arbitrator shall be selected in accordance with the JAMS Rules or the mutual agreement of the parties and shall follow New York law in adjudicating the Dispute. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all Disputes arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement, including, but not limited to any claim that all or any part of this Agreement is void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity, subject to the limitations set forth herein. The arbitrator shall issue a reasoned written decision setting forth the Arbitrator’s complete determination of the Dispute and the factual findings and legal conclusions relevant to it. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
- The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration agreement. Unless you and we agree otherwise, any arbitration hearings will take place in a location determined by JAMS and not more than 100 miles from your home. If your claim is for US$10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the JAMS Rules. If your claim exceeds US$10,000, the right to a hearing will be determined by the JAMS Rules. In the event that the arbitration will be conducted solely on the basis of submitted documents, the arbitrator’s decision and award will be made and delivered within six (6) months of the selection of the arbitrator, unless extended by the arbitrator. Except as expressly set forth herein, the award of all filing, administration and arbitrator fees will be governed by the JAMS Rules.
- YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and we agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
- Notwithstanding the foregoing, you and we both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights, or efforts to interfere with our service or engage with our service in unauthorized ways (for example automated ways). In the event a court or arbitrator having jurisdiction finds any portion of this Agreement unenforceable, that portion shall not be effective, and the remainder of the Agreement shall remain effective. No waiver, express or implied, by either party of any breach of or default under this Agreement will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.
- Governing Law; and Venue for Non-Arbitrable Disputes . These Terms of Service and our policies are governed by the laws of the State of New York, USA without regard to conflict of law principles. Any disputes that are not subject to the arbitration terms contained in these Terms of Service or that may be severed from any arbitration may only be litigated in small claims court or in the federal or state courts of New York County in the State of New York, USA and you and we consent to personal and exclusive jurisdiction in these courts and agree to waive any jurisdictional, venue, or inconvenient forum objections to such courts (without affecting either parties rights to remove a case to federal court if permissible.) and waive any right to a jury trial. Any law or regulation which provides that the language of a contract shall be construed against the drafter will not apply to these Terms. This paragraph will be interpreted as broadly as applicable law permits.
- Platforms and Service Operation . The Platforms and the Service is operated by the Company in the United States of America. If you choose to access the Platforms or the Service from locations outside the United States you do so at your own initiative and are responsible for compliance with applicable local laws. You and the Company agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply to the interpretation or construction of these Terms.
- As is and As Available . YOUR USE OF THE PLATFORMS AND OUR SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND YOUR USE IS AT YOUR OWN RISK. We make no guarantees that they always will be safe, secure or error-free or that they will function without disruptions, delays or imperfections, To the maximum extent permitted by law we also DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
- No Control or Responsibility . We do not control or direct what people and others do or say, and we are not responsible for their actions or conduct (whether online or offline) or any content they share (including offensive, inappropriate, obscene, unlawful, and other objectionable content).
- Limitation of Liability . You understand and agree that we are only willing to provide the Platforms and the Service if you agree to certain limitations of our liability to you and third parties as stated in these Terms.
- No Consequential Damages . TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY OR THE COMPANY INDEMNITEES BE LIABLE TO USER OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOSS OF GOODWILL OR ANY OTHER INTANGIBLE LOSS OR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO USER’S ACCESS TO OR USE OF, OR USER’S INABILITY TO ACCESS OR USE, THE PLATFORMS OR THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) STATUTE OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY SUCH PARTIES HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS.
- Cap . To the maximum extent permitted by applicable law, you agree that your sole remedy is to delete your accounts on the Platforms. In no event will the maximum aggregate liability arising out of your use of the Platforms (including the Display Social platform, and the IM Platform) or our Service exceed the greater of U.S. Fifty Dollars ($50) or the maximum Display Dollar award amount you received in the six (6) months from the date of acceptance of these Terms of Service and our other policies. This limitation shall apply to any and all liabilities or causes of action however alleged or arising, including negligence, breach of contract, breach of warranty, or any other claim whether in tort, contract, or equity.
- California Consumer Rights . If you are a California state resident, in accordance with Cal. Civ. Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210
- WAIVER OF JURY TRIAL. YOU AGREE TO WAIVE (GIVE UP) YOUR RIGHT TO A TRIAL BY JURY.
- CLASS ACTION WAIVER. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION LAWSUIT OR REPRESENTATIVE PROCEEDING, CONSOLIDATED ACTION, OR PRIVATE ATTORNEY GENERAL ACTION. This means that you cannot seek to assert class or representative claims against us either in court or in arbitration and no relief can be awarded on a class or representative basis.
- ONE YEAR LIMITATION. USER AND COMPANY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE PLATFORMS OR SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ARISES OR IT IS PERMANENTLY BARRED.
- Interpretation. Unless the context dictates otherwise, whenever the word “including” or similar is found in the Terms, it means “including, without limitation” and whenever the word “or” is found in the Terms it means “and/or”.
- Severability. If any term, clause or provision of these Terms is held invalid or unenforceable under applicable law, that term, clause, or provision will be severable from the Terms and will not affect the validity or enforceability of any remaining part of that term, clause or provision or any other term, clause or provision of these Terms.
NFT Marketplace Terms and Conditions
- Welcome to the NFT Marketplace. These Terms and Conditions (“NFT Terms”) along with the Terms of Service govern your use of and access to our services and tools to view, explore and create NFTs and to connect, at your own discretion, directly with others to purchase, sell or transfer NFTs on public blockchains (the “NFT Marketplace”). The NFT Marketplace is a part of our Service as defined in our Terms of Service (“Terms””) and such Terms of Service are incorporated by reference into these NFT Terms. In the event of a conflict between these NFT Terms and the Terms of Service, these NFT Terms will supersede and control.
- READ CAREFULLY. PLEASE CAREFULLY READ THESE NFT TERMS AND THE TERMS OF SERVICE. BY ACCESSING OR USING THE NFT MARKETPLACE (INCLUDING BY CREATING AN ACCOUNT, OR BY VIEWING, EXPLORING, CREATING, SELLING, PURCHASING, TRANSFERRING, BIDDING OR OTHERWISE ENGAGING WITH ANY NFTS THROUGH OUR SERVICE OR THE NFT MARKETPLACE, YOU ARE DEEMED TO HAVE READ AND AGREED TO THESE NFT TERMS, (INCLUDING THE TERMS OF SERVICE INCORPORATED BY REFERENCE HEREIN).
- CHANGES AND AMENDMENTS. WE MAY CHANGE OR AMEND THE NFT MARKETPLACE OR THESE NFT TERMS AT ANY TIME AT OUR SOLE AND ABSOLUTE DISCRETION. ANY CHANGES TO THE NFT TERMS WILL BE IN EFFECT AS OF THE DATE SUCH AMENDED NFT TERMS ARE POSTED ON THE PLATFORM. YOU ACKNOWLDEGE AND AGREE THAT THE FORM AND NATURE OF THE NFT MARKETPLACE AND ANY PART OF IT MAY CHANGE FROM TIME TO TIME WITHOUT PRIOR NOTICE TO YOU, AND THAT WE MAY ADD NEW OR REMOVE EXISTING FEATURES AND CHANGE ANY PART OF THE NFT MARKETPLACE. YOUR USE OF THE SERVICE FOLLOWING THE POSTING OF ANY AMENDMENTS TO THESE NFT TERMS SHALL CONSTITUTE YOUR ACCEPTANCE AND AGREEMENT TO SUCH CHANGE.
- ARBITRATION NOTICE. THE TERMS CONTAIN A MANDATORY ARBITRATION AGREEMENT (EXCEPT FOR CERTAIN LIMITED TYPES OF DISPUTES) AND A CLASS ACTION WAIVER WHICH (WITH LIMITED EXCEPTIONS) REQUIRE ANY DISPUTES BETWEEN US TO BE RESOLVED THROUGH INDIVIDUAL ARBITRATION RATHER THAN BY A JUDGE OR JURY IN COURT.
- Accessing the NFT Marketplace. Your blockchain address functions as your identity on the NFT Marketplace. Therefore, you will need a blockchain address and a third-party wallet to access the NFT Martetplace. Your account on the NFT Marketplace will be associated with your linked blockchain address. and display the NFTs for that blockchain address (and if applicable, any content associated with such NFTs).
Fees, Commissions, Royalties and Other Charges.
- NFT Fees. Creating, buying selling or transferring NFTs may be subject to fees, commissions, royalties and other charges (“NFT Fees”) established from time to time in the sole discretion of Company, an NFT creator, or participants in the Ethereum ecosystem. On the date of initial publication of these NFT Terms, NFT Fees include: (a) service fees established by and payable to Company (b) commissions on secondary sales of NFTs, established by and payable to the creators of such NFTs; and (c) “gas” (fees paid to Ethereum miners in ETH through Users’ independent wallet applications as consideration for mining the Users’ transactions). Service fees may be adjusted from titme to time in the sole discretion of Company. Commissions are set in the sole discretion of the NFT creator and may range from 0% to 100%, in the event that a User acquires an NFT with a 100% commission, the User will be unable to collect any proceeds of a sale of that NFT on the NFT Marketplace. “Gas” fees are set by the User through the User’s independent wallet application, based on the market conditions on Ethereum.
- Forms of Payment. NFT Fees may be paid or payable solely in the manner determined in the sole discretion of Company. On the date of initial publication of these NFT Terms, all Fees must be paid in the crypto-currencies designated by the Company for the blockchain where the NFT is minted.
- Finality; No Refunds. All transactions involving NFTs are final. Blockchain transactions are irreversible and we have no ability to reverse any transactions on the blockchain. All NFT Fees are non-refundable, except at the sole discretion of Company (for service fees and other fees within Company’s control) or applicable third parties (NFT creators, Ethereum miners, etc.). We do not provide refunds for any purchases that you might make on or through the NFT Marketplace (whether for NFTs or anything else).
- Disclaimers. When using or accessing the NFT Marketplace or our Service you acknowledge, understand and agree to the following:
- Third Party Websites. As a peer-to-peer web3 service, we help you explore NFTs created by third parties and interact with different blockchains. We do not make and hereby disclaim any representations or warranties about third party websites, third party applications or third-party content visible or accessible through our NFT Marketplace, including any content associated with NFTs displayed on the NFT Marketplace, and you bear responsibility for verifying the legitimacy, authenticity, and legality of NFTs that you purchase from third-party sellers. You understand these third party websites or applications may be applications for which there is no recourse. We expressly deny any obligation to indemnify you or hold you harmless for any losses you may incur by transacting, or facilitating transactions in NFTs.
- Blockchains. We do not control the public blockchains that you are interacting with and we do not control certain smart contracts and protocols that may be integral to your ability to complete transactions on these public blockchains. NFTs exist only by virtue of the ownership record maintained in the associated blockchain and any transfers or sales occur on the associated blockchain. We cannot effect or otherwise control the purchase, sale or other transfer of title or right in any NFTs or underlying or associated content or items. Additionally, blockchain transactions are irreversible and we have no ability to reverse any transactions on the blockchain. We are not responsible or liable for any losses or injury sustained by you due to vulnerability or any kind of failure, or abnormal behavior of software including without limitation your wallet, or a smart contract, blockchains or any other features of the NFTs. We are not responsible for losses or injury due to late reports by developers or representatives (or no report at all) of any issues with the blockchain supporting the NFTs, including forks, technical node issues or any other issues having losses or injury as a result.
- Wallets. We are not a wallet provider, exchange, broker, financial institution, or creditor. We provide a peer-to-peer web3 service that helps users discover and directly interact with each other and NFTs available on public blockchains. To use our NFT Marketplace, you must use a third-party wallet which allows you to engage in transactions on blockchains. You agree that you are using that wallet under the terms and conditions of the applicable provider of the wallet. Wallets are not operated by, maintained by or affiliated with the Company, and we do not have custody or control over the contents of your wallet and we have no ablitity to retrieve or transfer its contents. We accept no responsibility for, or liability to you, in connection with your use of a wallet and make no representations or warranties regarding how the NFT Marketplace will operate with any specific wallet. You are solely responsible for keeping your wallet secure and you should never share your wallet credentials or seed phrase with anyone.
- Smart Contracts. To initiate certain transactions on the NFT Marketplace, you must voluntarily invoke one or more smart contract operations from your wallet. All such transactions on the NFT Marketplace, including but not limited to transfers, offers, bids, listings, sales, or purchases of NFTs are initiated though one or more smart contracts at the sole discretion and at the complete risk of the users. The smart contracts are configured to facilitate the execution of a voluntary user offer, an acceptance of an offer, or other confirmation to purchase, sell, bid on, list, or transfer an NFT. You acknowledge the risk of smart contracts and agree to be bound by the outcome of any smart contract operation by invoking, calling, requesting, or otherwise engaging with the smart contract, whether or not the smart contract behaves as you expect.
- Non-Custodial Service Provider. Certain transactions that take place on the NFT Marketplace or through our Service are managed and confirmed via the blockchain. You understand that your blockchain public address will be made publicly visible whenever you engage in a transaction on the NFT Marketplace. The Company does not own or control any third party site, product, or service that you might access, visit, or use for the purpose of enabling you to use the various features of the NFT Marketplace. We will not be liable for the acts or omissions of any such third parties, nor will we be liable for any damage that you may suffer as a result of your transactions or any other interaction with any such third parties. The NFT Marketplace facilitates your collection of NFTs, but neither the Company, its affiliates, our Service or the NFT Marketplace, are the custodians of any user-owned NFTs or any cryptocurrencies. You agree and acknowledge that we are a non-custodial service provider and we have designed the NFT Marketplace to be directly accessible to NFT transactions by the users without any involvement or actions taken by the us or any third-party.
- Buyer and Seller Agreements. We are not party to any agreement between any users. You understand that NFTs may be subject to terms directly between buyers and sellers with respect to the use of NFTs and any benefits associated with a certain NFT. An NFT creator’s website may include purchase terms governing the use of the NFT that you will be required to comply with. You are solely responsible for reviewing and understanding any and all such purchase terms. You bear full responsibility for verifying the identity, legitimacy, and authenticity of NFTs that you purchase from third-party sellers using the NFT Marketplace and we make no claims about the identity, legitimacy, functionality, or authenticity of users or NFTs (and any NFT content or included merchandise associated with such NFTs) visible on the Service or the NFT Marketplace. We cannot guarantee that any NFTs visible on our NFT Marketplace will always remain visible or available to be bought, sold, or transferred.
- Errors;Failures. We will not be responsible or liable to you for any loss of any NFTs or content linked to or associated with NFTs including any losses, damages or claims arising from (a) user error, incorrectly constructed transactions, or mistyped addresses; (b) server failure or data loss; (c) unauthorized access or use; or (d) any unauthorized third-party activities including without limitation the use of viruses, phishing, bruteforcing or other means of attack against the Service or NFTs.
- Assumption of Risks. In addition, you understand, acknowledge and agree that there are risks associated with using the NFT Marketplace, purchasing and holding NFTs, and using blockchain technology. These risks include the following:
- NFT Access. The risk of losing access to an NFT due to loss of private key(s), custodial error or purchaser error, risk of mining or blockchain attacks, risk of hacking and security weaknesses, risk of unfavorable regulatory intervention in one or more jurisdictions, risks related to token taxation, risk of personal information disclosure, risk of uninsured losses, unanticipated risks, and volatility risks.
- Volatility. The value of collectible blockchain assets including without limitation NFTs are extremely volatile and subjective and collectible blockchain assets including without limitation NFTs have no inherent or intrinsic value. You acknowledge that you fully understand this subjectivity and volatility and that you may lose money.
- Internet-Based Currency. There are 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 electronic wallet. You accept and acknowledge that we will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using any blockchain network, however caused.
- Forks. Ethereum, the NFTs, and other blockchains may be subject to “forks.” Forks occur when there is a change to the protocol or rules of a blockchain network that: (i) changes the protocol rules in backwards-compatible or backwards-incompatible manner that affects which transactions can be added into later blocks, how later blocks are added to the blockchain, or other matters relating to the future operation of the protocol; or (ii) reorganizes or changes past blocks to alter the history of the blockchain. Some forks may result in two or more persistent alternative versions of the protocol or blockchain, either of which may be viewed as or claimed to be the legitimate or genuine continuation of the original. Upgrades to any blockchain network or hard forks in such networks, or a change in how transactions are confirmed on such blockchain networks may have unintended, adverse effects on all blockchains, including any that are related to your NFTs. We do not assume any risk, liability or obligation in connection with the occurrence or outcome of forks.
- Regulatory Uncertainty. The regulatory regime governing blockchain technologies, cryptocurrencies, NFTs and tokens is uncertain, and regulatory or legal inquiries or investigation or new regulations or policies may materially adversely affect the development of the NFT Marketplace, and therefore the potential utility or value of your NFTs.
- Third-Party Vendors. The NFT Marketplace relies on third-party platforms or vendors. If we are unable to maintain a good relationship with such platform providers or vendors; if the terms and conditions or pricing of such platform providers or vendors change; if we violate or cannot comply with the terms and conditions of such platforms or vendors; or if any of such platforms or vendors loses market share or falls out of favor or is unavailable for a prolonged period of time, access to and use of the NFT Marketplace will suffer.
- Peer To Peer Transactions. There are risks associated with purchasing items associated with content created by third parties through peer-to-peer transactions, including 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.
- No Copyright. Unless otherwise specified by the seller of an NFT in writing, your purchase of an NFT does not give you the right to publicly display, perform, distribute, sell or otherwise reproduce the NFT for any commercial purpose. You understand and agree that you are not receiving any copyright interest in the NFT. Any commercial exploitation of the NFT could subject you to claims of copyright infringement.
- Acknowledgement. When using our NFT Marketplace, you acknowledge that you have obtained sufficient information to make an informed decision to purchase an NFT, including carefully reviewing the code of the smart contract and the NFT and fully understand and accept the functions of the same. You further acknowledge that you are knowledgeable, and experienced in blockchain based transactions and you have done sufficient research before making any decisions to sell, buy, obtain, transfer, or otherwise interact with any NFTs on or through the NFT Marketplace or our Service.
- Terms of Service All terms, covenants, agreements and conditions contained in our Terms of Service are hereby incorporated into these NFT Terms by this reference.
- Company Contact Information:
Infinite Reality, Inc., P.O. Box 1061, Norwalk, CT 06854 or contact [Customer Care]