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Certhis Terms of Use

These Terms of Use (these “Terms”) of Cert Technology Ltd. (“Company”) govern Users’ access to, and use of the various products, services and properties, including without limitation using Company services to view, explore, mint, deploy, sell, integrate NFT(s) collection(s) on public blockchains and/or Company's/ Company's third party provider's servers (the “Services”) made available by through this website, mobile applications (if any) and platform (together, the “Platform”).

As used herein, the term “User” refers to each individual user who enters into these Terms on such individual’s own behalf or any entity on behalf of which an individual enters into these Terms.

By accessing and/or using the Services and/or the Platform, the User acknowledges that he/she has read and agree to these Terms and AGREES TO BE BOUND BY THESE TERMS AND ALL OF THE TERMS INCORPORATED HEREIN BY REFERENCE. If the User does not agree to these Terms, the User may not access or use the Services. No use or receipt of the Services is permitted other than in accordance with these terms. The Privacy Policy as set forth on the Platform is hereby incorporated by reference into these Terms and expressly agreed to and acknowledged by the User. These Terms, as amended from time to time and updated on the Platform shall, at all times, govern the relationship between Company and the User, and these Terms, unless excluded specifically in writing, shall prevail in the event of any conflict with any other agreement, document, letter, or instrument executed between Company and the User.

Company reserves the right to change or modify these Terms at any time and in Company sole discretion. If Company makes changes to these Terms, Company will provide reasonable notice of such changes, such as by updating the “Last Updated” date at the end of these Terms and/or by way of displaying a message notifying Users of the update within the Services. By continuing to access or use the Services at any point after such update, the User confirms his/her acceptance of the revised Terms and all of the terms incorporated therein by reference.

Company is not a broker, or a financial institution, or a creditor, or a wallet provider or a marketplace. Company does not have custody or control over any NFTs or blockchain networks that any User may interact with and Company does not execute or effectuate purchases, transfers, or sales of NFTs. Company through the Platform enables and facilitates transactions between the buyer and seller in a peer-to-peer manner and should neither be considered a marketplace nor a party, directly or indirectly, to any agreement between the buyer and seller or otherwise between any Users of the Services.

User acknowledges that Company grants him/her a personal, non-exclusive, non- transferrable, non-sublicensable (except to sub-Users registered via the Services), revocable, limited right to access and use the Services through the Platform, which shall be solely used in compliance with these Terms and to the extent permitted under applicable laws, rules, and regulations.

User bears full responsibility for verifying the identity, legitimacy, and authenticity of User Content and items User sells or markets through the Services. Notwithstanding indicators and messages that suggest verification, Company makes no claims and accepts no liability or responsibility about the identity, legitimacy, or authenticity of User Content (define below) and items offered for sale on or through the Platform.

Accessing and Using the Services

In order to access and use the Services User will need a blockchain address and a compatible third-party digital wallet (the "User Wallet"). User activities through the Services will be associated with User blockchain address; however, if User wishes to add additional information to User persona on the Services, User can add additional information, such as a profile picture, to User profile.

While accessing the Services with a compatible User Wallet, the Services will display the NFTs for that blockchain address (and, if applicable, any content associated with such NFTs). By using a User Wallet in connection with the Services, User agrees that User is using that User Wallet under the terms and conditions of the applicable provider of the User Wallet. User Wallet is not operated by, maintained by, or affiliated with the Company, and the Company does not have custody or control over the contents of User Wallet and has no corresponding ability to retrieve or transfer its contents, nor shall Company have any responsibility for the security or reliability of any User Wallet. Company accepts no responsibility for, or liability to User, in connection with your use of User Wallet and makes no representations or warranties regarding how the Services will operate with any specific User Wallet and makes no warranties as to the compatibility of any particular User Wallet with the Services. User is solely responsible for keeping User Wallet secure and User should never share a User Wallet’s credentials or seed phrase with anyone. If User discovers an issue related to a User Wallet, please contact your wallet provider. Likewise, User is solely responsible for User Wallet and the Company is not liable for any acts or omissions by User in connection with User Wallet.

Company may require User to provide additional information and documents at the request of any competent authority or in order to help Company comply with applicable law, regulation, or policy, including laws related to anti-laundering (legalization) of incomes obtained by criminal means, or for counteracting financing of terrorism. Company may also require User to provide additional information and documents in cases where it has reasons to believe that: (i) User Wallet is being used for money laundering or for any other illegal activity; and (ii) transactions effected via User Wallet effected in breach of these Terms. In the foregoing cases, Company, in its sole discretion, may disable or block User ability to access the Services (for the avoidance of doubt, such rights are not limited to situations in which the Company has reason to believe that a User is in breach of the requirements of these terms, or where a User is suspected of using a User Wallet for illegal activity).

User acknowledges that Company may send electronic communications to User which relate to the Services. Such communications may include notices which relate to updates or changes to the Services, or to these terms, and communications relating to the User’s account. Electronic Communications which represent direct marketing communications will only be sent as set out in the Privacy Policy.

When accessing the Services, User hereby represents, warrants and covenants, to and for the benefit of Company and its affiliates, as follows:

(i)
None of the User or anyone on behalf of which User is entering into these Terms is: (1) a country, territory, entity or individual named on an OFAC list as provided at http://www.treas.gov/ofac, or any person or entity prohibited under the OFAC programs, regardless of whether or not they appear on the OFAC list; or (2) a senior foreign political figure, or any immediate family member or close associate of a senior foreign political figure.
(ii)
User must provide all equipment and software necessary to connect to the Services. User is solely responsible for any fees, including Internet connection or mobile fees, that User incurs when accessing the Service.
(iii)
User will not violate the security of any computer network, or crack any password, account, or other security information of any other User while using the Services. User will not upload any User Content which contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (a) poses or creates a privacy or security risk to any person; (b) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (c) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous , invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or (d) in the sole judgment of Company, is objectionable or which restricts or inhibits any other person from Companying or enjoying the Platform, or which may expose Company or its users to any harm or liability of any type.
(iv)
User will not attempt to probe or probe, scan, or test the vulnerability of any Company's server or network or breach any security or authentication measures and User will not attempt to avoid or circumvent any technological measure implemented by Company to protect the Services or Platform Content on the Platform, including without limitation, encryption technology used to protect sensitive personal information.
(v)
User will not use the Platform to harvest, collect, gather, or assemble information or data regarding other Users, including email addresses, without their consent.
(vi)
User will not use any robots, spider, crawler, scraper, script, deep link, or other similar automated data gathering or extraction tool, program,
algorithm or methodology to access, copy, modify or monitor the Platform. (vii)
User will not use, employ, operate, or create a computer program to simulate the human behavior of a User (“Bots”), and or use, employ, or operate such Bots or other similar forms of automation to engage in any activity or transaction on the Platform.
(viii)
User will not further or promote any criminal activity or enterprise or provide instructional information about illegal activities, including for the purpose of concealing economic activity, laundering money, or financing terrorism.
(ix)
User will not manipulate the price of items (including any digital assets) in any way or engage in or knowingly facilitate any practice which would be considered to be, or to be analogous to, “front-running”, “wash trading”, “pump and dump trading”, “ramping”, “cornering” or otherwise fraudulent, deceptive, or manipulative trading activities whether or not those trading activities relate to a legally regulated securities or commodities market.
(x)
User will not further, promote, mint, or sell any item or create User Content which may represent or promote vulgarity, sex abuse, complete nudity, child abuse, child harassment, child sexual harassment, animal torture, animal pornography, drugs, violence, racism, Nazi symbols etc. Company has right and authority to remove or delete any such User Content and/or disable or block User ability to access the Services of Users who promote such acts.

User agrees that Company has the right to remove any items, listings, smart contracts, collections, other User Content (as such term is defined below) and any subsequent modification or alteration to the foregoing at any time. Company exercises its sole judgment in allowing or disallowing certain assets, listings, smart contracts, and collections. Company cannot destroy or impound User items or smart contracts, but Company reserves the right to destroy inappropriate or illegal metadata stored on Company servers.

User understands that in order to render the Services contemplated hereunder, Company is dependent on services provided by third-parties and vendors and that Company will not be responsible under any circumstances for any delays or deficiencies in the provision of, or access to, the Services to the extent that such delays or deficiencies are caused by any failures or delays of third-party service providers or vendors. Company is not under any obligation to provide any communication about any such downtime to User and it shall not be considered downtime for which the Company is responsible or liable.

User Content

The Services allow User to make certain content, items, listings, smart contracts, collections available on or through the Services (“User Content”). All User Content must comply with these Terms.

User retains all right, title, interest, and entitlement in the User Content, User posts, uploads, submits or otherwise make available to Company, except as otherwise provided herein. User hereby grants to Company an assignable, sublicensable, perpetual, and royalty-free license to access, use, transmit, adapt, modify, translate, publish, create derivative works based on the User Content, make copies of, display, perform, reproduce, and distribute the User Content, in whole or in part, on any media whether now known or later discovered for the broad purpose of operating, promoting, sharing, developing, marketing, and advertising the Platform and/or the Services, or any other purpose related to Company, including without limitation, the express right to: (i) display or perform the User Content on the Platform, a third party platform, social media posts, blogs, editorials, advertising, market reports, virtual galleries, museums, virtual environments, editorials, or to the public; (ii) create and distribute digital or physical derivative items based on the User Content; (iii) indexing the User Content in electronic databases, indexes, catalogues; and (iv) hosting, storing, distributing, and reproducing one or more copies of the User Content within a distributed file keeping system, node cluster, or other database (e.g., IPFS) or causing, directing, or soliciting others to do so.

User represents and warrants that User Content will not harm the security of the Services, will not be defamatory or libelous, will not contain any unlawful content, will not infringe the intellectual property or personal data rights of any third party, and that User is the owner of, or has obtained all necessary rights, licenses, consents, permissions, powers and/or authorities necessary to grant the rights granted herein for any User Content that User submits, posts, or displays on or through the Services. User agrees that such User Content will not contain material that violates copyright or other proprietary rights, and all User Content complies with these Terms.

Any User Content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such content originated, and User accesses all such content and material at his/her own risk.

User understands and agrees that User is solely responsible for any User Content User provides and User, has full responsibility for such User Content, including its legality, reliability, accuracy, and appropriateness. Company is not responsible or liable to any third party for the content, accuracy, or appropriateness of any User Content posted by User or any other User on the Platform. Company reserves the right, in Company sole discretion, to prohibit User from uploading Company User Content.

In addition to the general indemnification provisions set out elsewhere in this Agreement, User herby undertakes to indemnity and hold harmless the Company against all claims which may be brought by third parties which arise as a result of any allegation which would, if proved, represent a breach of the terms of this User Content clause.

Pricing/Payments

As a default position, subject always to its rights to vary and amend pricing, Company will charge fees as follows:

- a 5% royalty on all mint transactions of digital tokens (i.e. transactions which represent the first sale of a digital token generated using the Services);

- a 2.5% royalty (a “Secondary Market Payment”) on all subsequent transactions in which digital tokens change hands

User may configure the Services to generate digital tokens which entitle it to secondary market commissions in a fashion similar to the Secondary Market Payment. User acknowledges that all such arrangements will function in addition to the Secondary Market Payment and will not reduce or replace it.

In certain instances, Company at its own discretion may accept, process, and settle payments made in cryptocurrency.

User agrees and acknowledges that under no circumstances will a contract, agreement, offer, sale, bid, or other transaction on Platform be invalidated, revocable, retractable, or otherwise unenforceable on the basis that the ‘Gas Fee’ for a given transaction was unknown, too high, or otherwise unacceptable. In this context the term ‘Gas Fee’ is to be understood as meaning any fee imposed by a blockchain network in order to facilitate or complete a transaction occurring on that chain.

Taxes. Users are responsible for the payment of any and all applicable sales, use, value-added and other taxes, duties, and assessments now or hereafter claimed or imposed by any governmental authority which arise as a result of Users use of Company's Platform and/or Services (including, without limitation, any taxes that may become payable as the result of User ownership, transfer, sale, or creation of any artworks).

Royalty Entitlements. Users are responsible for the payment of any and all applicable royalty entitlements which may be imposed by law in relation to particular artistic works which may feature on or be related to any digital token transferred, sold, licensed or created using the Services. Such entitlements may exist independently of any royalty and/or secondary market fees set by a token creator, and User assume sole risk in relation to such legal entitlements.

Company may, solely in its own discretion, add or change any pricing, plans and payment terms at any time. Any updated pricing will apply to any sales or other transactions that occur following the effective date of the updated pricing and User agrees to adhere to such updated pricing from that date. Such changes may be subject to additional terms or conditions. Whether a particular cryptocurrency is accepted as a payment method by the Company is subject to change at any time in Company’s sole discretion. Furthermore, Company reserves the right to deviate from the pricing set forth above with respect to one or more Users at its sole discretion.

User accepts that Company shall have no responsibility for any User’s failure to receive any expected Secondary Market Payment. User agrees and acknowledges that the transmission and receipt of Secondary Market Payments relies on third party technologies and blockchain networks, and that the Company does not guarantee their timely or effective performance.

User agrees and acknowledges that the Company does not have custody or control over the contents of any User Wallet and that the Company has no ability to retrieve, modify or control any NFT or other digital token once it has been minted, from that point onwards the User is able to freely move such items to any marketplace, wallet or other online location in the world without any restriction and shall have sole responsibility for how it handles all digital tokens over which it has possession or custody.

Ownership, Modifications and Rights of Third Parties

Unless otherwise indicated in writing by Company, and except to the extent of the User Content, the Services, Platform, and all content and other materials contained therein, including, without limitation, the Company logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, “Platform Content”) are the proprietary property of Company or Company affiliates, licensors, or Users, as applicable. Save for as expressly set out in this Agreement, Company does not and shall not be deemed to transfer any title to or grant any license to any party in respect of the Platform Content.

Except as expressly authorized by Company, User agrees not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on the Platform or the Platform Content, in whole or in part. In connection with User use of the Platform User will not engage in or use any data mining, robots, scraping, or similar data gathering or extraction methods. If User is blocked by Company from accessing the Platform (including by blocking User IP address), User agrees not to implement any measures to circumvent such blocking (e.g., by masking User IP address or using a proxy IP address). Any use of the Platform or the Platform Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Platform or distributed in connection therewith are the property of Company, Company affiliates and Company partners (the “Software”). User agrees not to copy, modify, create a derivative work of, reverse engineer, reverse assemble, disassemble, decompile, or otherwise attempt to discover any source code or structure, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Company.

The Company logo and any Company product or service names, logos or slogans that may appear on the Services are trademarks of Company or Company affiliates and shall not be copied, imitated, or used, in whole or in part, without Company prior written permission. User shall not use any metatags or other “hidden text” utilizing “Company”, or any other name, trademark or product or service name of Company or Company affiliates without Company prior written permission. In addition, the look and feel of the Service and Platform Content, including, without limitation, all page headers, custom graphics, button icons and scripts, constitute the service mark, trademark, or trade dress of Company and may not be copied, imitated, or used, in whole or in part, without Company prior written permission. All other trademarks, registered trademarks, product names and Company names or logos mentioned on the Service are the property of their respective owners and may not be copied, imitated, or used, in whole or in part, without the permission of the applicable trademark holder. Reference to any products, services, processes or other information by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by Company. Company accepts no responsibility or liability for any damage, direct or indirect, resulting from the prohibited use of any Platform Content, delivered on the Platform.

Under no circumstances will Company be liable in any way for any content or materials of any third parties including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. User acknowledges that Company does not have a duty to pre-screen content, but that Company and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Platform. Without limiting the foregoing, Company and its designees will have the right to remove any content that violates these Terms of Service or is deemed by Platform, in its sole discretion, to be otherwise objectionable.

User may, at User sole discretion, provide User input, or comments, or suggestion for creation, correction, change and modification to the Services and other feedback (including but not limited to quotations of written or oral feedback), ideas, concepts, information, and reports to Company (collectively “Feedback”). User hereby agrees and acknowledges that Company shall own all the rights in the Feedback, together with rights in all improvements, updates, modifications, or enhancements, whether made, created, or developed by Company or otherwise relating to Feedback (collectively, “Revisions”). All Feedback and Revisions shall be the sole and exclusive property of Company and Company may use and disclose Feedback and/or Revisions in any manner and for any purpose whatsoever without further notice or compensation to User and without retention by User of any proprietary or other right or claim. User hereby assigns to Company any and all right, title and interest (including, but not limited to, any patent, copyright, future copyright, trade secret, trademark, show-how, know-how and any and all other intellectual property right) that User may have in and to any and all Feedback and Revisions. User hereby agrees to waive any moral rights User may have in any and all Feedback and Revisions. At Company’s request, User will cooperate fully with Company to execute any document and such other acts as are necessary to give effect to this provision.

Beta Platforms

Some of the Services and/or features on the Platform are offered while still in “beta” form (“Beta Platforms”). Company will utilize reasonable efforts to identify the Beta Platforms by labeling the relevant parts or functions which are in ‘beta’ on its Platform. By accepting these Terms and using any Beta Platforms, User understands and acknowledges that the Beta Platforms are being provided as a “Beta” version and are made available on an “As Is” or “As Available” basis. The Beta Platforms may contain bugs, errors, and other problems.

USER ASSUMES ALL RISKS AND ALL COSTS ASSOCIATED WITH USER USE OF THE BETA PLATFORMS, INCLUDING, WITHOUT LIMITATION, ANY INTERNET ACCESS FEES, BACK-UP EXPENSES, COSTS INCURRED FOR THE USE OF USER DEVICE AND PERIPHERALS, AND ANY DAMAGE TO ANY EQUIPMENT, SOFTWARE, INFORMATION, MONEY, CRYPTOCURRENCY, NFT OR DATA. Company or its representatives shall not be responsible for any damage caused to User brand, reputation, revenue, and income because of the beta nature of the Platform. In addition, Company is not obligated to provide any maintenance, technical, or other support for the Beta Platforms.

User will inform Company about presence of bugs as soon as User becomes aware by sending an e-mail to [email protected] or raising a support ticket at forum.certhis.io. Only a reporting of presence of bug or a support ticket generated through this designated channel shall be considered valid.

After receiving the e-mail or support ticket, Company will endeavor to fix or withdraw the bug within reasonable timeframe.

Infringement of IP

Company will take down User Content where it has reason to consider that the relevant User Content infringes the intellectual property rights of third parties, which it may do in response to intellectual property infringement claims or takedown notices submitted by other users. Company will terminate a User's access to the Services if that User is determined to be a repeat infringer of third party rights. If User believes that Users' content has been copied in a way that constitutes copyright or trademark infringement, or violates your publicity or other intellectual property rights, please send an e-mail to Company’s Copyright Agent [email protected] (Subject line: “IP Takedown Request”), which must include:

Identification of the copyrighted work(s), trademark, publicity rights, or other intellectual property rights that User claims is being infringed;

Identification of the allegedly infringing material that is requested to be removed, including a description of the specific location (i.e., urls) on the Services of the material claimed to be infringing, so that the Company may locate the material;

User's contact information – at a minimum, your full legal name (not pseudonym) and email address;

declaration that contains all of the following:

- A statement that User has a good faith belief that use of the material in the manner complained of is not authorized by the intellectual property rights owner, its agent, or the law;

- A statement under penalty of perjury that User is authorized to act on behalf of the intellectual property owner of the intellectual property that is allegedly being infringed.

User's physical or electronic signature (of your full legal name).

Please note that the Company might forward your notice of intellectual property infringement, including your contact information, to the User who will have their content removed so they understand why it is no longer available on Platform and/or Services and can also contact you to resolve any dispute.

Please note that by submitting a takedown request as per the above, User agrees to be liable for any damages (including costs and attorneys’ fees) incurred by Company or the alleged infringer in the event User knowingly and materially misrepresents that any User Content is infringing (taking into consideration copyright defenses (such as fair use) and exceptions). If User is unsure whether the material User is reporting is infringing, User should contact an attorney before filing a takedown request. Company cannot provide User with legal advice as to whether or not User is entitled to file a takedown request.

User expressly agrees to cooperate and timely respond to Company’s investigations, requests, and inquiries related to IP disputes or allegations of infringement.

Third-Party Services/Terms

The Services may contain links to third-party properties (e.g., NFT) (“Third-Party Properties”) and applications (“Third-Party Applications”). When User clicks on a link to a Third-Party Property or Third-Party Application, User is subject to the terms and conditions (including privacy policies) of another property or application. Such Third-Party Properties and Third-Party Applications and are not under the control of Company. Company is not responsible for any Third-Party Properties or Third-Party Applications. Company provides links to these Third-Party Properties and Third-Party Applications only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Properties or Third-Party Applications, or their products or services. Users use all links in Third-Party Properties, and Third-Party Applications at User own risk. When User leaves the Services, Company Terms and policies no longer govern. User should review all applicable agreements and policies, including privacy and data gathering practices, of any Third-Party Properties or Third-Party Applications, and should make whatever investigation User feels necessary or appropriate before proceeding with any transaction with any third party.

The Services and Platform Content may include components, including software components, which are provided by a third party and that are subject to separate license terms, in which case those license terms will govern User access to and use of such components. Company Service and/or any third-party property may include terms governing the use of such item, including license terms.

As part of the Services, User may be able to link an account User has with a third-party service, such as a social media website. By linking such third-party account, User agrees that Company may access, make available to, and store any content that User has provided to and stored in such third-party account so that it is available on or through the Services. Such content may include personally identifiable information.

Release

If there is a dispute between participants on the Platform, or between Users and any third party, User agrees that Company is under no obligation to become involved. User hereby releases and forever discharges Company and Company officers, employees, agents, successors, and assigns (the “Company Entities”) from, and hereby waives and relinquishes, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that may arise between it and any other user of the Services or of digital tokens enabled or generated by the Services.

Assumption of Risk Related to items

User acknowledges and agrees that User access and use of the Services and/or the Platform is subject to certain risks, including without limitation:

The prices of digital assets are extremely volatile. Fluctuations in the price of other digital assets could materially and adversely affect the items, which may also be subject to significant price volatility.

User is solely responsible for determining what, if any, taxes apply to transactions involving User items. Neither Company nor any other Company Entity is responsible for determining the taxes that may apply to transactions involving Items.

Items exist and can be transferred only by virtue of the ownership record maintained on the blockchain supporting such items and not on the Services.

There are risks associated with using digital 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 User digital wallet.

Transactions involving items may be irreversible, and losses due to fraudulent or accidental transactions may not be recoverable.

The value of items may be derived from the continued willingness of market participants to exchange fiat currency or digital assets for NFTs, and therefore the value of items is subject to the potential for permanent or total loss of value should the market for NFT disappear.

The legal and regulatory regime governing blockchain technologies, cryptocurrencies, and tokens is uncertain, and new regulations or policies may materially adversely affect the development of the Services and the utility of items.

User understands and agrees that User access and use of Company’s Platform and/or Services are at User own risk. User understands and agrees that Company will not be responsible for any communication failures, disruptions, errors, or distortions User may experience when using the items, Platform and/or Services.

Indemnification

To the fullest extent permitted by applicable law, User agrees to indemnify, defend, and hold harmless Company and the Company Entities from and against all actual or alleged third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys’ fees and expenses) and costs (including, without limitation, court costs, costs of settlement, and costs of or associated with pursuing indemnification and insurance), of every kind and nature whatsoever arising out of or related to these Terms or User use of the Services, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) User use or misuse of the Services, Platform, Platform Content or items, (b) any Feedback User provides, (c) User breach or violation of these Terms, (d) User violation of the rights of any third party, including another User and (e ) unauthorized access to the Platform and/or Services. User agrees to promptly notify Company of any third-party Claims and cooperate with the Company Entities in defending such Claims. User further agrees that the Company Entities shall have control of the defense or settlement of any third-party Claims. THIS INDEMNITY IS IN ADDITION TO, AND NOT IN LIEU OF, ANY OTHER INDEMNITIES THAT MAY BE SET FORTH IN ANY SEPARATE WRITTEN AGREEMENT BETWEEN USER AND Company.

Disclaimers

THE SERVICES, PLATFORM CONTENT CONTAINED THEREIN, AND ITEMS LISTED THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. COMPANY MAKES NO WARRANTY THAT THE SERVICE: (A) WILL MEET USER REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE.

TO THE FULLEST EXTENT PROVIDED BY LAW, COMPANY HEREBY DISCLAIMS ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE SERVICE, THE PLATFORM, OR ANY PLATFORM CONTENT ANY OTHER MATERIAL CONTAINED THEREIN.

COMPANY DOES NOT REPRESENT OR WARRANT THAT CONTENT ON THE SERVICES IS ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. COMPANY WILL NOT BE LIABLE FOR ANY LOSS OF ANY KIND FROM ANY ACTION TAKEN IN RELIANCE ON CONTENT OR MATERIAL OR INFORMATION CONTAINED ON THE SERVICE.

WHILE COMPANY ATTEMPTS TO MAKE USER ACCESS TO AND USE OF THE SERVICE AND PLATFORM CONTENT SAFE, COMPANY CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICES, PLATFORM CONTENT, OR ANY ITEMS LISTED ON COMPANY SERVICES OR COMPANY SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COMPANY CANNOT GUARANTEE THE SECURITY OF ANY DATA THAT USER DISCLOSES ONLINE. USER ACCEPTS THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND WILL NOT HOLD US RESPONSIBLE FOR ANY BREACH OF SECURITY.

COMPANY WILL NOT BE RESPONSIBLE OR LIABLE TO USER FOR ANY LOSSES USER SUFFERS AS A RESULT OF USER USE OF THE SERVICES OR ACCESS TO THE PLATFORM OR ON CONTRARY FROM THE IMPOSSIBILITY OF ACCESSING IT. COMPANY TAKE NO RESPONSIBILITY FOR, AND WILL NOT BE LIABLE TO USER FOR, ANY USE OF USER CONTENT OR ITEMS, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (I) USER ERROR SUCH AS FORGOTTEN PASSWORDS, INCORRECTLY CONSTRUCTED TRANSACTIONS, OR MISTYPED ADDRESSES; (II) SERVER FAILURE OR DATA LOSS; (III) CORRUPTED DIGITAL WALLET FILES; (IV) UNAUTHORIZED ACCESS TO APPLICATIONS OR ACCOUNT; OR (V) ANY UNAUTHORIZED THIRD PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION THE USE OF VIRUSES, PHISHING, BRUTE FORCING OR OTHER MEANS OF ATTACK AGAINST THE SERVICE OR ITEMS. FROM TIME TO TIME, COMPANY MAY OFFER NEW “BETA” FEATURES OR TOOLS. SUCH FEATURES OR TOOLS ARE OFFERED “AS IS” AND WITH ALL FAULTS, SOLELY FOR EXPERIMENTAL PURPOSES AND WITHOUT ANY WARRANTY OF ANY KIND, AND MAY BE MODIFIED OR DISCONTINUED AT COMPANY’S SOLE DISCRETION. THE PROVISIONS OF THIS SECTION APPLY WITH FULL FORCE TO SUCH FEATURES OR TOOLS.

ITEMS ARE INTANGIBLE DIGITAL ASSETS. THEY EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED IN THE BLOCKCHAIN NETWORK. ANY TRANSFER OF TITLE THAT MIGHT OCCUR IN ANY UNIQUE DIGITAL ASSET OCCURS ON THE DECENTRALIZED LEDGER WITHIN THE APPLICABLE BLOCKCHAIN PLATFORM. COMPANY DOES NOT GUARANTEE THAT COMPANY OR ANY COMPANY ENTITY CAN AFFECT THE TRANSFER OF TITLE OR RIGHT IN ANY ITEMS.

Company is not responsible for any losses or harms sustained by User due to vulnerability or any kind of failure, abnormal behavior of software (e.g., wallet, smart contract), blockchains, or any other features of or inherent to the items. Company is not responsible for casualties due to developers or representatives delay or failure to report any issues with any blockchain supporting items, including without limitation forks, technical node issues, or any other issues that result in losses of any sort.

Company is not responsible for any losses or harms sustained by User due to non-receipt of royalty in the event of sale of item in the secondary market. Company assumes no responsibility and will not be held liable, if User fails to receive the royalty due to abnormal behavior of software or blockchain or technological reason or any third-party reason beyond the control of Company.

Company does not guarantee 100% delivery of the item to User in the event of sale or purchase, as User understands that the transaction takes place virtually and they are inherent to risk. Company is not responsible for any losses or harms sustained by User in the event if delivery of the item fails for unknow reason. Company assumes no responsibility for the quality of Item User sells or buys, it is solely the responsibility of the user from whom the item generates.

As User understands and assumes the risk that the legal and regulatory regime governing blockchain technologies, cryptocurrencies, and tokens is uncertain, and new regulations or policies may materially adversely affect the development of the Services and the utility of items, hence, Company assumes no liability in the event User suffers any loss or damage due to change in law in the jurisdiction where User holds and accesses item.

Nothing in these Terms shall exclude or limit liability of either party for fraud, death or bodily injury caused by negligence, violation of laws, or any other activity that cannot be limited or excluded under the laws applicable to User jurisdiction.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL COMPANY BE LIABLE TO USER OR ANY THIRD PARTY FOR ANY INDIRECT OR CONSEQUENTIAL LOSSES, NOR FOR ANY LOSS OF PROFIT, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, IN RELATION TO ANY CLAI ARISING OUT OF THIS AGREEMENT OR ITS SUBJECTMATTER HOWSOEVER ARISING AND WHETHER BROUGH IN TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR ANY OTHER THEORY OF LIABILITY, EVEN IF SUCH LOSS OR DAMAGE MAY HAVE BEEN FORESEEABLE AND EVEN IF A PARTY HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF COMPANY ARISING OUT OF ANY CLAIM RELATED TO THESE TERMS OR THEIR SUBJECT MATTER, USER ACCESS TO AND USE OF THE SERVICE, PLATFORM CONTENT, OR ANY ITEMS SOLD THROUGH THE SERVICE, EXCEED THE GREATER OF (A) $100 OR (B) THE AMOUNT PAID TO COMPANY BY USER FOR THE SERVICES IN RELATION TO THE TRANSACTION OR INCIDENT THAT IS THE SUBJECT OF THE CLAIM.

User Support Service

For User support service or additional information regarding User Account, please contact us:

By E-mail: [email protected] during available 24x7 for the reporting or support request

Company will use commercially reasonable efforts to provide technical support to assist the User in using the Platform. User support will respond within reasonable time to inquiries received from the Users.

User understands that:

there may be delay in response from Company's user support due to high volume of inquires or due to any other reason beyond Company's control.

Company's user support response will depend on complexity of inquiry and support request volume.

any User support shall be provided in Company's sole discretion without any guarantee or warranty of any kind.

Company does not offer and shall have no obligation to provide live chat support to Users.

Company does not control the internet network and Company disclaims any liability under any theory of law for any damages and/or partial or total interruption or malfunction of the Platform or associated services related to discontinuance of operation of any portion of internet or possible regulation of internet and/or any third-party hacking.

Company makes no warranty on accuracy and/or completeness non-infringement and/or suitability for any particular purpose and/or uninterrupted availability of the data.

resolution of any issues of the User do not apply to integrations, service interruptions (such as internet disruption) and/or degradations outside of Company's immediate control.

User shall be responsible for the cost of the system requirements to run the Platform, including but not limited to internet connectivity; supported versions of Chrome, Safari, Mozilla Firefox, or Internet Explorer 11.

Audit and Security Scan

Company reserves the right to perform audits of the Platform to the extent necessary to ensure compliance with the applicable laws, rules, and regulation.

EXPORT LAWS

By accepting these Terms, User represents that neither he/she nor any of User affiliates are listed in any list of sanctioned persons of any sanction authority (including without limitation the list of Specially Designated Nationals and Sectorial or Sanctions Identifications) or owned or controlled by such sanctioned person (together as "Sanctioned Person") and undertake at all times to conduct User business in compliance with applicable sanctions and export control laws and regulations ("Export Laws").

User acknowledges that the use of the Platform or the Items may be subject to Export Laws in the country of User residence or place of business and User agrees to apply for relevant import authorization and/or export licenses, as applicable to User. User shall indemnify and hold Company and each of Company affiliates harmless against any losses, damages, fees, or monetary sanctions imposed as a result of User failure to comply with Export Laws.

COMPLIANCE WITH ANTI-MONEY LAUNDERING LAWS

User shall comply with all applicable laws and regulations as applicable to prevention of money laundering including without limitation the Proceeds of Crime Act, 2002 (UK); Anti-Money Laundering Act, 2020 (USA); and the European Union (EU) Anti-Money Laundering Directive.

Company reserves the right to share all User Account information or any information relating to User as available to Company with any law enforcement agencies.

General

Company reserves the right in Company's sole discretion to modify, suspend, or discontinue the Services, or any features or parts thereof, whether temporarily or permanently, at any time with or without notice to User in Company's sole discretion. These Terms, and User access to the Services, shall be governed by and construed and enforced in accordance with the laws of England and Wales without regard to any conflict of law rules or principles that would cause the application of the laws of any other jurisdiction. Any controversy, claim, or dispute in connection with, arising under, or related to these Terms, and User access to the Services, shall be settled exclusively in the courts of England, with their seat in London. Notwithstanding anything contained in these Terms, Company reserves the right, without notice and in Company's sole discretion, to terminate User's right to access or use the Services at any time and for any or no reason, and User acknowledges and agrees that Company shall have no liability or obligation to User in such event and that User will not be entitled to a refund of any amounts that User has already paid to Company, to the fullest extent permitted by applicable law. Except as otherwise provided herein, these Terms are intended solely for the benefit of Company and User and are not intended to confer third party beneficiary rights upon any other person or entity. ‘Cert Technology Limited’ is an Israeli private company limited by shares, with registered number 516613825.

Last Update 10/08/2022