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Editing File: /home/rareljzw/public_html/tos.php

<?php
$PageTitle = "Terms Of Service";
include_once("./layout/header.php");
include($_SERVER['DOCUMENT_ROOT']. "/include/notified.php");

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    <section class="relative py-16 dark:bg-jacarta-800 md:py-24">
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            <img src="./assets/front/img/gradient_light.jpg" alt="gradient" class="h-full w-full" />
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        <div class="container">
            <h1 class="text-center font-display text-4xl font-medium text-jacarta-700 dark:text-white">
                Terms Of Service
            </h1>
            <div class="article-content mx-auto max-w-[48.125rem]">
                <h2 class="text-base">Introduction</h2>
                <p>
                    These Terms of Service (“Terms”) govern your access to and use of the <?= $settings['web_name']?> website(s), our APIs,
                    mobile app (the “App”), and any other software, tools, features, or functionalities provided on or
                    in
                    connection with our services; including without limitation using our services to view, explore, and
                    create
                    NFTs and use our tools, at your own discretion, to connect directly with others to purchase, sell,
                    or
                    transfer NFTs on public blockchains (collectively, the “Service”). “NFT” in these Terms means a
                    non-fungible token or similar digital item implemented on a blockchain (such as the Ethereum
                    blockchain),
                    which uses smart contracts to link to or otherwise be associated with certain content or data. For
                    purposes of these Terms, “user”, “you”, and “your” means you as the user of the Service. If you use
                    the
                    Service on behalf of a company or other entity then “you” includes you and that entity, and you
                    represent
                    and warrant that (a) you are an authorized representative of the entity with the authority to bind
                    the
                    entity to these Terms, and (b) you agree to these Terms on the entity's behalf.
                </p>
                <p>
                    PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION AND AFFECT YOUR
                    LEGAL
                    RIGHTS. AS OUTLINED IN SECTION 16 BELOW, THEY INCLUDE A MANDATORY ARBITRATION AGREEMENT AND 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.
                </p>
                <p>
                    BY CLICKING TO ACCEPT AND/OR USING OUR SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL OF THE
                    TERMS
                    INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE
                    SERVICE.
                </p>

<p>
                    <?= $settings['web_name']?> is not a wallet provider, exchange, broker, financial institution, or creditor. <?= $settings['web_name']?>
                    provides
                    a peer-to-peer web3 service that helps users discover and directly interact with each other and NFTs
                    available on public blockchains. We do not have custody or control over the NFTs or blockchains you
                    are
                    interacting with and we do not execute or effectuate purchases, transfers, or sales of NFTs. To use
                    our
                    Service, you must use a third-party wallet which allows you to engage in transactions on
                    blockchains.
                </p>

<p>
                    Because we have a growing number of services, we sometimes need to provide additional terms for
                    specific
                    services (and such services are deemed part of the “Service” hereunder and shall also be subject to
                    these
                    Terms). Those additional terms and conditions, which are available with the relevant service, then
                    become
                    part of your agreement with us if you use those services. In the event of a conflict between these
                    Terms
                    and any additional applicable terms we may provide for a specific service, such additional terms
                    shall
                    control for that specific service.
                </p>

<h2>Ownership</h2>

<p>
                    The Service, including its “look and feel” (e.g., text, graphics, images, logos, page headers,
                    button
                    icons, and scripts), proprietary content, information and other materials, and all content and other
                    materials contained therein, including, without limitation, the <?= $settings['web_name']?> logo and all designs, text,
                    graphics, pictures, data, software, sound files, other files, and the selection and arrangement
                    thereof
                    are the proprietary property of <?= $settings['web_name']?> or our affiliates, licensors, or users, as applicable, and
                    you
                    agree not to take any action(s) inconsistent with such ownership interests. We and our affiliates,
                    licensors, and users, as applicable, reserve all rights in connection with the Service and its
                    content,
                    including, without limitation, the exclusive right to create derivative works.
                </p>

<h2>License to Access and Use Our Service and Content</h2>

<p>
                    You are hereby granted a limited, nonexclusive, nontransferable, nonsublicensable, and personal
                    license to
                    access and use the Service provided, however, that such license is subject to your compliance with
                    these
                    Terms. If any software, content, or other materials owned by, controlled by, or licensed to us are
                    distributed or made available to you as part of your use of the Service, we hereby grant you a
                    non-commercial, personal, non-assignable, non-sublicensable, non-transferrable, and non-exclusive
                    right
                    and license to access and display such software, content, and materials provided to you as part of
                    the
                    Service (and right to download a single copy of the App onto your applicable equipment or device),
                    in each
                    case for the sole purpose of enabling you to use the Service as permitted by these Terms, provided
                    that
                    your license in any content linked to or associated with any NFTs is solely as set forth by the
                    applicable
                    seller or creator of such NFT.
                </p>

<h2>Intellectual Property Rights</h2>

<p>
                    You are solely responsible for your use of the Service and for any information you provide,
                    including
                    compliance with applicable laws, rules, and regulations, as well as these Terms, including the User
                    Conduct requirements outlined above.
                </p>

<p>
                    By using the Service in conjunction with creating, submitting, posting, promoting, or displaying
                    content,
                    or by complying with OpenSea's metadata standards in your metadata API responses, you grant us a
                    worldwide, non-exclusive, sublicensable, royalty-free license to use, copy, modify, and display any
                    content, including but not limited to text, materials, images, files, communications, comments,
                    feedback,
                    suggestions, ideas, concepts, questions, data, or otherwise, that you submit or post on or through
                    the
                    Service for our current and future business purposes, including to provide, promote, and improve the
                    Service. This includes any digital file, art, or other material linked to or associated with any
                    NFTs that
                    are displayed on the Service.
                </p>

<h2>Miscellaneous</h2>

<p>
                    These Terms constitute the entire agreement between you and <?= $settings['web_name']?> relating to your access to and
                    use of
                    the Service. These Terms, and any rights and licenses granted hereunder, may not be transferred or
                    assigned by you without the prior written consent of <?= $settings['web_name']?>, and <?= $settings['web_name']?>’s failure to assert any
                    right
                    or provision under these Terms shall not constitute a waiver of such right or provision. No waiver
                    by
                    either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or
                    subsequent breach or default. The section headings used herein are for reference only and shall not
                    be
                    read to have any legal effect.
                </p>

<p>
                    The Service is operated by us in the United States. Those who choose to access the Service from
                    locations
                    outside the United States do so at their own initiative and are responsible for compliance with
                    applicable
                    local laws. You and <?= $settings['web_name']?> 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.
                </p>

<p>
                    Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties
                    and
                    are not intended to confer third-party beneficiary rights upon any other person or entity.
                </p>
            </div>
        </div>
    </section>

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