TERMS OF SERVICE AGREEMENT
LAST REVISION: November 2, 2021
PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY. BY USING THIS WEBSITE OR ORDERING SERVICES FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
This Terms of Service Agreement (the “Agreement”) governs your use of this website, https://cryptolessnft.com (the “Website”), CryptolessNFT.com (“CryptolessNFT.com” or “we” or “us” or “our” or “ours”), offer of services for purchase on this Website (“Our Services”), or your purchase of services available on this Website. This Agreement includes, and incorporates by this reference, the policies and guidelines referenced below. CryptolessNFT.com reserves the right to change or revise the terms and conditions of this Agreement at any time by posting any changes or a revised Agreement on this Website. CryptolessNFT.com will alert you that changes or revisions have been made by indicating on the top of this Agreement the date it was last revised. The changed or revised Agreement will be effective immediately after it is posted on this Website. Your use of the Website following the posting any such changes or of a revised Agreement will constitute your acceptance of any such changes or revisions. CryptolessNFT.com encourages you to review this Agreement whenever you visit the Website to make sure that you understand the terms and conditions governing use of the Website. This Agreement does not alter in any way the terms or conditions of any other written agreement you may have with CryptolessNFT.com for other services. If you do not agree to this Agreement (including any referenced policies or guidelines), please immediately terminate your use of the Website. If you would like to print this Agreement, please click the print button on your browser toolbar.
How do I use CryptolessNFT.com?
Member Account, Password, and Security: You are responsible for maintaining the confidentiality of your account and password of your email address, social media accounts or any other means to communicate with us, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to immediately notify us of any unauthorized use of your password or account connected with our service or any other breach of security. We will not be liable for any loss or damage arising from your failure to comply with this Section.
Crypto Wallet Security: In order to participate as a Creator or Collector in the marketplace, we create an account for a browser extension called MetaMask and stock NFTs in the MetaMask account on your behalf. MetaMask is an electronic wallet which allows you to purchase, store, and engage in transactions using the native Ethereum cryptocurrency, ETH. We are in charge of assets in MetaMask, however, if you choose to cancel the subscription, we will be no longer liable for any loss or damage to your assets in the MetaMask account. At cancellation, you can choose either to take over your MetaMask account or to burn your NFTs with listing cancellation fees $15US per item.
Earnings: If your NFTs are sold out on marketplaces, we will contact you within one week from the auction settlement. We will deduct 5% of the selling price as service fee from the sales that your NFTs make. As you are in charge of paying marketplaces’ service fees and transaction fees incurred for money transfer, these fees will be deducted as well.
You will receive the profit by US dollar. You can receive the profit by your local currency under the guideline of money transfer service we opt, and we will not responsible for paying the remittance fees. If necessary, we refer to the currency exchange rate provided by Bloomberg L.P.
Compensation: During the subscription period, we are responsible for protecting your assets in MetaMask. If your assets are damaged or lost due to our failure, we will be obliged to compensate for the loss by paying back to you. The compensation amount is no more than $100US per wallet account and you are in charge of paying the transaction fees incurred for money transfer.
NFT Listing Target Time: You can request your desired target time to post and list NFTs on to third party marketplaces but listing will occasionally be executed ahead or behind your request target time in order to minimize incurring gas fees.
Subscription Cancellation Policy: As soon as you choose to cancel the subscription, you will resign your rights to receive profits that your NFTs earn, and we will be no longer liable for any loss or damage to your assets in the MetaMask account. At subscription cancellation, you can choose either (a) to take over your MetaMask account or (b) to burn your NFTs with paying listing cancellation fees $15US per item; otherwise, we consider you are not to claim the ownership of the NFTs and the rights to receive any incurring profit your NFTs earn. Your MetaMask and NFTs will immediately belongs to us unless you declare the ownership by either option above within 1 week from subscription cancellation of Our Service.
Secondary Sales: Customer is eligible to receive profit earned by secondary sales. We will deduct 5% of the selling price as service fee from the sales that your NFTs make. As you are in charge of paying marketplaces’ service fees and transaction fees incurred for money transfer, these fees will be deducted.
Some marketplaces will not allow you to delete or make a certain change on your account after smart-contracts. You agree and understand that your personal data registered to marketplaces might remain after subscription cancellation of Our Service and we will not be liable for any damage arising from the personal information uses collected by third party marketplaces.
IF AMENDMENT OF LAW MAKES IT IMPOSSIBLE TO TRANSFER MONEY BETWEEN JAPAN AND YOUR NATION OR PERFORM CRYPTOCURRENCY-RELATED BUSINESS, THE TRANSACTION SHALL BE CANCELLED IMMEDIATELY. AT THAT TIME, WE SHALL NOT BE OBLIGED TO REFUND THE MONEY THAT HAS ALREADY BEEN PAID. IN ADDITION, REGARDING THE DELETION OF YOUR ACCOUNTS AND NFTS ON THE MARKETPLACE, FOLLOW SUBSCRIPTION CANCELLATION POLICY AND IF THE DELETION OF YOUR ACCOUNTS AND NFTS CAN NO LONGER BE PERFORMED DUE TO THE AMENDMENT OF LAW, YOU WILL WAIVE THESE OWNERSHIP RIGHTS AND WE WILL NOT BE LIABLE FOR ANY DAMAGE ARISING FROM PERSONAL INFORMATION USES COLLECTED BY THIRD PARTY MARKETPLACES.
Fees are separated into 3 types.
Monthly Contract Fee: Charged per account. This includes MetaMask wallet setup, creator account setup on a marketplace, sales management and promotion on our owned media.
NFT Minting Fee: Charged per item. This includes minting and listing an NFT and covers all the occurring blockchain network fee (Gas fee) on the NFT minting process. PRICE IS SUBJECT TO CHANGE ACCORDING TO GAS PRICE FLUCTUATION.
Transaction Service Fee: Charged per item when the item is sold. 5% of the selling price will be charged as Transaction Service Fee and the amount will be deducted when profit is transferred to Customer.
Also following additional 2 types of fees are charged if necessary.
Listing Cancellation Fee: Charged per item. This includes item listing cancellation and all the occurring network fee (Gas fee). PRICE IS SUBJECT TO PRICE IS SUBJECT TO CHANGE ACCORDING TO GAS PRICE FLUCTUATION.
Optional Service Fee: Charged per item or account. This includes translation and rewriting works, account setup works for curated marketplace and other special services.
Customers must understand that third party marketplaces (such as Opeansea, Rarible) take service fees at their proposed rate, so that the amount customer receive as profit (Net Profit) will be calculated as [Net Profit = Selling Price – 5% x Selling Price – Third Party Service Fees].
We bill you through an online billing account for purchases of products and/or services. You agree to pay us all charges at the prices then in effect for the products you or other persons using your billing account may purchase, and you authorize us to charge your chosen payment provider for any such purchases. You agree to make payment using that selected payment method. If you have ordered a product or service that is subject to recurring charges then you consent to our charging your payment method on a recurring basis, without requiring your prior approval from you for each recurring charge until such time as you cancel the applicable product or service. We reserve the right to correct any errors or mistakes in pricing that it makes even if it has already requested or received payment. We may change prices at any time. All payments shall be in U.S. dollars unless noted.
All sales are final and no refunds shall be issued.
Terms of Offer. This Website offers for sale certain services (the “Services”). By placing an order for Services through this Website, you agree to the terms set forth in this Agreement.
Customer Solicitation: Unless you notify our third party call center reps or direct CryptolessNFT.com sales reps, while they are calling you, of your desire to opt out from further direct company communications and solicitations, you are agreeing to continue to receive further emails and call solicitations CryptolessNFT.com and its designated in house or third party call team(s).
Opt Out Procedure: We provide 2 easy ways to opt out of from future solicitations. 1. You may use the opt out link found in any email solicitation that you may receive. 2. You may also choose to opt out, via sending your email address to: email@example.com.
Proprietary Rights. CryptolessNFT.com has proprietary rights and trade secrets in the Services. You may not copy, reproduce, resell or redistribute any Services distributed by CryptolessNFT.com. CryptolessNFT.com also has rights to all trademarks and trade dress and specific layouts of this webpage, including calls to action, text placement, images and other information.
Sales Tax. If you purchase any Services, you will be responsible for paying any applicable sales tax.
Content; Intellectual Property; Third Party Links. In addition to making Services available, this Website also offers information and marketing materials. This Website also offers information, both directly and through indirect links to third-party websites. CryptolessNFT.com does not always create the information offered on this Website; instead the information is often gathered from other sources. To the extent that CryptolessNFT.com does create the content on this Website, such content is protected by intellectual property laws of the Japan, foreign nations, and international bodies. Unauthorized use of the material may violate copyright, trademark, and/or other laws. You acknowledge that your use of the content on this Website is for personal, noncommercial use. Any links to third-party websites are provided solely as a convenience to you. CryptolessNFT.com does not endorse the contents on any such third-party websites. CryptolessNFT.com is not responsible for the content of or any damage that may result from your access to or reliance on these third-party websites. If you link to third-party websites, you do so at your own risk.
Use of Website; CryptolessNFT.com is not responsible for any damages resulting from use of this website by anyone. You will not use the Website for illegal purposes. You will (1) abide by all applicable local, state, national, and international laws and regulations in your use of the Website (including laws regarding intellectual property), (2) not interfere with or disrupt the use and enjoyment of the Website by other users, (3) not resell material on the Website, (4) not engage, directly or indirectly, in transmission of “spam”, chain letters, junk mail or any other type of unsolicited communication, and (5) not defame, harass, abuse, or disrupt other users of the Website
License. By using this Website, you are granted a limited, non-exclusive, non-transferable right to use the content and materials on the Website in connection with your normal, noncommercial, use of the Website. You may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization from CryptolessNFT.com or the applicable third party (if third party content is at issue).
Posting. By posting, storing, or transmitting any content or information on the Website, you hereby grant CryptolessNFT.com a perpetual, worldwide right and license to use, copy, display, perform, distribute, have distributed, transmit and assign such content in any form, in all media now known or hereinafter created, anywhere in the world for making Service available. CryptolessNFT.com is not liable for any damage or harm resulting from any posts by or interactions between users. CryptolessNFT.com reserves the right, but has no obligation, to monitor interactions between and among users of the Website and to remove any content.
DISCLAIMER OF WARRANTIES
YOUR USE OF THIS WEBSITE AND/OR SERVICECS ARE AT YOUR SOLE RISK. THE WEBSITE AND SERVICES ARE OFFERED ON AN “AS IS” AND “AS AVAILABLE” BASIS. CryptolessNFT.com EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE SERVICES OR WEBSITE CONTENT, OR ANY RELIANCE UPON OR USE OF THE WEBSITE CONTENT OR SERVICES. (“SERVICES” INCLUDE TRIAL SERVICES.)
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, CryptolessNFT.com MAKES NO WARRANTY:
THAT THE INFORMATION PROVIDED ON THIS WEBSITE IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY.
THAT THE LINKS TO THIRD-PARTY WEBSITES ARE TO INFORMATION THAT IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THIS WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR THAT DEFECTS IN SERVICES WILL BE CORRECTED.
REGARDING ANY SERVICES PURCHASED OR OBTAINED THROUGH THE WEBSITE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
If there is a dispute between users of the Website, or between users and any third party, you understand and agree that we are under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release us, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or Our Services.
All questions of law, rights, and remedies regarding any act, event or occurrence undertaken pursuant or relating to this Website or Services shall be governed and construed by the laws of Japan, excluding international conflicts of law rules. Any legal action of whatever nature by or against us arising out of or related in any respect to this Website and Our Services shall be brought solely in either the applicable federal or state courts located in or with jurisdiction over Tokyo, Japan; subject, however, to our right, at our sole discretion, to bring an action to seek injunctive relief to enforce this Agreement or to stop or prevent an infringement of proprietary or other third party rights (or any similar cause of action) in any applicable court in any jurisdiction where jurisdiction exists with regard to a user. You hereby consent to (and waive any challenge or objection to) personal jurisdiction and venue in the above-referenced courts. In no event shall any claim, action or proceeding by you related in any way to the Website and/or Our Services (including your visit to or use of the Website and/or Our Services) be instituted more than two (2) years after the cause of action arose. You will be liable for any attorneys’ fees and costs if we have to take any legal action to enforce this Agreement.
We may modify this Agreement from time to time. Any and all changes to this Agreement will be posted on the Website and revisions will be indicated by date. You agree to be bound to any changes to this Agreement when you use Our Services after any such modification becomes effective. We may also, in its discretion, choose to alert all users with whom it maintains email information of such modifications by means of an email to their most recently provided email address. It is therefore important that you regularly review this Agreement and keep your contact information current in your account settings to ensure you are informed of changes. You agree that you will periodically check the Website for updates to this Agreement and you will read the messages we send you to inform you of any changes. Modifications to this Agreement shall be effective after posting.
We reserve the right at any time to modify or discontinue, temporarily or permanently, Our Services (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of Our Services.
Occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to service descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies or omissions and to change or update the information at any time, without prior notice.
MOBILE APPLICATION LICENSE
If you are accessing Our Services via a mobile application, then we grants you a revocable, non-exclusive, non-transferable, limited right to install and use the application on wireless handsets owned and controlled by you, and to access and use the application on such devices strictly in accordance with the terms and conditions of this license. You shall use the application strictly in accordance with the terms of this license and shall not: (a) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application; (b) make any modification, adaptation, improvement, enhancement, translation or derivative work from the application; (c) violate any applicable laws, rules or regulations in connection with your access or use of the application; (d) remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of Company or its affiliates, partners, suppliers or the licensors of the application; (e) use the application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (f) make the application available over a network or other environment permitting access or use by multiple devices or users at the same time; (g) use the application for creating a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for the application; (h) use the application to send automated queries to any website or to send any unsolicited commercial e-mail; or (i) use any proprietary information or interfaces of ours or other intellectual property of ours in the design, development, manufacture, licensing or distribution of any applications, accessories or devices for use with the application.
Terms Applicable to Apple and Android Devices
The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play to access Our Services. You acknowledge that this Agreement is concluded between you and we, and not with Apple Inc. or Google, Inc. (each an “App Distributor”), and we, not an App Distributor, are solely responsible for our application and the content thereof. (1) SCOPE OF LICENSE: The license granted to you for our application is limited to a non-transferable license to use our application on a device that utilizes the Apple iOS or Android operating system, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor terms of service. (2) MAINTENANCE AND SUPPORT: We are solely responsible for providing any maintenance and support services with respect to our application, as specified in this Agreement, or as required under applicable law. You acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to our application. (3) WARRANTY: We are solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of our application to conform to any applicable warranty, you may notify an App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for our application, and to the maximum extent permitted by applicable law, an App Distributor will have no other warranty obligation whatsoever with respect to our application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility. (4) PRODUCT CLAIMS: You acknowledge that we, not an App Distributor, are responsible for addressing any claims of yours or any third party relating to our application or your possession and/or use of our application, including, but not limited to: (i) product liability claims; (ii) any claim that our application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. (5) INTELLECTUAL PROPERTY RIGHTS: You acknowledge that, in the event of any third party claim that our application or your possession and use of our application infringes a third party’s intellectual property rights, the App Distributor will not be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. (6) THIRD PARTY TERMS OF AGREEMENT: You must comply with applicable third party terms of agreement when using our application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using our application. (7) THIRD PARTY BENEFICIARY: We and you acknowledge and agree that the App Distributors, and their subsidiaries, are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, each App Distributor will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof.
LIMITATION OF LIABILITY
CryptolessNFT.com ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHERWISE, WITH RESPECT TO THE WEBSITE CONTENT AND SERVICES AND/OR FOR ANY BREACH OF THIS AGREEMENT IS SOLELY LIMITED TO THE AMOUNT YOU PAID, LESS SHIPPING AND HANDLING, FOR SERVICES PURCHASED VIA THE WEBSITE.
CryptolessNFT.com WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES IN ANY MANNER, INCLUDING LIABILITIES RESULTING FROM (1) THE USE OR THE INABILITY TO USE THE WEBSITE CONTENT OR SERVICES; (2) THE COST OF PROCURING SUBSTITUTE SERVICES OR CONTENT; (3) ANY SERVICES PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE; OR (4) ANY LOST PROFITS YOU ALLEGE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You will release, indemnify, defend and hold harmless CryptolessNFT.com, and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys’ fees and expenses, of third parties relating to or arising out of (1) this Agreement or the breach of your warranties, representations and obligations under this Agreement; (2) the Website content or your use of the Website content; (3) the Services or your use of the Services (including Trial Services); (4) any intellectual property or other proprietary right of any person or entity; (5) your violation of any provision of this Agreement; or (6) any information or data you supplied to CryptolessNFT.com. When CryptolessNFT.com is threatened with suit or sued by a third party, CryptolessNFT.com may seek written assurances from you concerning your promise to indemnify CryptolessNFT.com; your failure to provide such assurances may be considered by CryptolessNFT.com to be a material breach of this Agreement. CryptolessNFT.com will have the right to participate in any defense by you of a third-party claim related to your use of any of the Website content or Services, with counsel of CryptolessNFT.com choice at its expense. CryptolessNFT.com will reasonably cooperate in any defense by you of a third-party claim at your request and expense. You will have sole responsibility to defend CryptolessNFT.com against any claim, but you must receive CryptolessNFT.com prior written consent regarding any related settlement. The terms of this provision will survive any termination or cancellation of this Agreement or your use of the Website or Services.
THIRD PARTY WEBSITES AND CONTENT
The Website contains (or you may be sent through the Website or Our Services) links to other websites (“Third Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the “Third Party Content”). Such Third Party Websites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Websites accessed through the Website or any Third Party Content posted on, available through or installed from the Website, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Websites or the Third Party Content. Inclusion of, linking to or permitting the use or installation of any Third Party Website or any Third Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Website and access the Third Party Websites or to use or install any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Website or relating to any applications you use or install from the Website. Any purchases you make through Third Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party.
We reserve the right but does not have the obligation to:
- monitor the Website for violations of this Agreement;
- take appropriate legal action against anyone who, in our sole discretion, violates this Agreement, including without limitation, reporting such user to law enforcement authorities;
- in our sole discretion and without limitation, refuse, restrict access to or availability of, or disable (to the extent technologically feasible) any user’s contribution or any portion thereof that may violate this Agreement or any our policy;
- in our sole discretion and without limitation, notice or liability to remove from the Website or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems;
- otherwise manage the Website in a manner designed to protect the rights and property of ours and others and to facilitate the proper functioning of the Website.
You may not access or use the Website for any other purpose other than that for which Company makes it available. The Website may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Company. Prohibited activity includes, but is not limited to:
- attempting to bypass any measures of the Website designed to prevent or restrict access to the Website, or any portion of the Website
- criminal or tortuous activity
- deciphering, recompiling, disassembling or reverse engineering any of the software comprising or in any way making up a part of the Website
- deleting the copyright or other proprietary rights notice from any Website content
- engaging in any automated use of the system, such as using any data mining, robots or similar data gathering and extraction tools
- except as may be the result of standard search engine or Internet browser usage, using or launching, developing or distributing any automated system, including, without limitation, any spider, robot (or “bot”), cheat utility, scraper or offline reader that accesses the Website, or using or launching any unauthorized script or other software
- harassing, annoying, intimidating or threatening us or agents engaged in providing any portion of Our Services to you
- interfering with, disrupting, or creating an undue burden on the Website or the networks or services connected to the Website
- making any unauthorized use of Our Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses
- systematic retrieval of data or other content from the Website to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from us
- tricking, defrauding or misleading us and other users, especially in any attempt to learn sensitive account information such as passwords
- using any information obtained from the Website in order to harass, abuse, or harm another person
- using our Services as part of any effort to compete with us or to provide services as a service bureau
- using the Website in a manner inconsistent with any and all applicable laws and regulations
Our Website will maintain certain data that you transfer to the Website for the purpose of the performance of Our Services, as well as data relating to your use of Our Services. Although we perform regular routine backups of data, you are primarily responsible for all data that you have transferred or that relates to any activity you have undertaken using Our Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
Your use of Our Services includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO RELATING TO THE COMPANY SERVICES, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.
AGREEMENT TO BE BOUND
By using this Website or ordering Services, you acknowledge that you have read and agree to be bound by this Agreement and all terms and conditions on this Website.
Force Majeure. CryptolessNFT.com will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott.
Cessation of Operation. CryptolessNFT.com may at any time, in its sole discretion and without advance notice to you, cease operation of the Website and distribution of the Services.
Entire Agreement. This Agreement comprises the entire agreement between you and CryptolessNFT.com and supersedes any prior agreements pertaining to the subject matter contained herein.
Effect of Waiver. The failure of CryptolessNFT.com to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
Governing Law; Jurisdiction. This Website originates from the [City, State]. This Agreement will be governed by the laws of the State of [Law State Name] without regard to its conflict of law principles to the contrary. Neither you nor CryptolessNFT.com will commence or prosecute any suit, proceeding or claim to enforce the provisions of this Agreement, to recover damages for breach of or default of this Agreement, or otherwise arising under or by reason of this Agreement, other than in courts located in State of [State Name]. By using this Website or ordering Services, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding or claim arising under or by reason of this Agreement. You hereby waive any right to trial by jury arising out of this Agreement and any related documents.
Statute of Limitation. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or Services or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Waiver of Class Action Rights. BY ENTERING INTO THIS AGREEMENT, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHER IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTION WITH THIS AGREEMENT MUST BE ASSERTED INDIVIDUALLY.
Termination. CryptolessNFT.com reserves the right to terminate your access to the Website if it reasonably believes, in its sole discretion, that you have breached any of the terms and conditions of this Agreement. Following termination, you will not be permitted to use the Website and CryptolessNFT.com may, in its sole discretion and without advance notice to you, cancel any outstanding orders for Services. If your access to the Website is terminated, CryptolessNFT.com reserves the right to exercise whatever means it deems necessary to prevent unauthorized access of the Website. This Agreement will survive indefinitely unless and until CryptolessNFT.com chooses, in its sole discretion and without advance to you, to terminate it.
Assignment. You may not assign your rights and obligations under this Agreement to anyone. CryptolessNFT.com may assign its rights and obligations under this Agreement in its sole discretion and without advance notice to you.
In order to resolve a complaint regarding the Our Services or to receive further information regarding use of Our Services, please contact us as set forth.
BY USING THIS WEBSITE OR ORDERING SERVICES FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.