Last Updated: April 17, 2021
Welcome to Zeromint, owned and operated by Zeromint, Inc ("Zeromint," “Company,” "WE," "US" OR "OUR") WEBSITE (https://zeromint.com), ("SITE"). THIS AGREEMENT GOVERNS YOUR ACCESS AND USE OF THE SITE.
This site also allows you to sell and purchase Digital Asset (defined in Section 1) via auction ("Auction"). Detailed rules regarding the Auction process are available on this page, Auction Terms of Service.
ZEROMINT IS A PLATFORM. WE ARE NOT A BROKER, FINANCIAL INSTITUTION, OR CREDITOR. THE SERVICES ARE AN ADMINISTRATIVE PLATFORM ONLY. ZEROMINT FACILITATES TRANSACTIONS BETWEEN THE BUYER AND SELLER IN THE AUCTION BUT IS NOT A PARTY TO ANY AGREEMENT BETWEEN THE BUYER AND SELLER OF DIGITAL ASSETS OR BETWEEN ANY YOUS.
SINCE WE HAVE A GROWING NUMBER OF SERVICES, WE SOMETIMES NEED TO DESCRIBE ADDITIONAL TERMS FOR SPECIFIC SERVICES. THOSE ADDITIONAL TERMS AND CONDITIONS, WHICH ARE AVAILABLE WITH THE RELEVANT SERVICES, THEN BECOME PART OF YOUR AGREEMENT WITH US IF YOU USE THOSE SERVICES.
THIS TERMS OF SERVICE AGREEMENT ("AGREEMENT") IS IMPORTANT AND AFFECTS YOUR LEGAL RIGHTS, SO PLEASE READ IT CAREFULLY. WE WANT TO LET YOU KNOW THAT THIS AGREEMENT INCLUDES AN ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS. YOU HAVE THE OPTION TO OPT OUT OF THE BINDING ARBITRATION AGREEMENT, SUBJECT TO CERTAIN NOTICE REQUIREMENTS. PLEASE READ THESE SECTIONS CAREFULLY.
BY CLICKING ON THE "I ACCEPT" BUTTON, COMPLETING THE ACCOUNT REGISTRATION PROCESS, USING OUR SERVICES AND/OR PURCHASING DIGITAL ASSETS, YOU AGREE TO BE BOUND BY THIS AGREEMENT AND ALL OF THE TERMS INCORPORATED HEREIN BY REFERENCE AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT). IF YOU DO NOT AGREE TO THIS AGREEMENT, YOU MAY NOT ACCESS OR USE THE SITE OR PURCHASE THE DIGITAL ASSETS.
Zeromint reserves the right to change or modify this Agreement at any time and in our sole discretion. If we make changes to this Agreement, we will provide notice of such changes, such as by sending an email notification, providing notice through the Site or updating the "Last Updated" date at the beginning of this Agreement. By continuing to access or use the Site, you confirm your acceptance of the revised Agreement and all of the terms incorporated therein by reference. We encourage you to review the Agreement frequently to ensure that you understand the terms and conditions that apply when you access or use the Site. If you do not agree to the revised Agreement, you may not access or use the Site.
PRIVACY POLICY
Our Privacy Policy found at https://zeromint.com/privacy describes the ways we collect, use, store and disclose your personal information, and is hereby incorporated by this reference into these Terms. You agree to the collection, use, storage, and disclosure of your data in accordance with our Privacy Policy
DEFINITIONS
"Digital Assets" refers to unique non-fungible tokens, implemented on the GoChain blockchain (the "GoChain Platform") using smart contracts.
"You" or “You” refers to you, the You, who uses or visits the Site and/or sells or purchases Creations on the Site.
Transactions that take place on the Platform are managed and confirmed via the GoChain blockchain. The You understand that Your GoChain public address will be made publicly visible whenever you engage in a transaction on the Platform. We neither own nor control MetaMask, or any other Wallet, the GoChain network, or any other third-party site, product, or service that You might access, visit, or use for the purpose of enabling the You to access and utilize the various features of the Platform. We will not be liable for the acts or omissions of any such third parties, nor will we be liable for any damage that a You may suffer as a result of its transactions or any other interaction with any such third parties.
All Your transactions on the Platform, including without limitation Minting, Charging, purchasing, offering, or confirming, are facilitated by Smart Contracts existing on the GoChain network. The GoChain network requires the payment of a transaction fee for every transaction that occurs on the GoChain network, and thus every transaction occurring on the Platform. The value of the fee changes, often unpredictably, and is entirely outside of the control of Zeromint or the Platform. You acknowledge that under no circumstances will a contract, agreement, offer, sale, bid, or other transaction on the Platform be invalidated, revocable, retractable, or otherwise unenforceable on the basis that the fee for the given transaction was unknown, too high, or otherwise unacceptable to You.
You acknowledge and agree that Zeromint (or, as applicable, our licensors) own all legal right, title and interest in and to all elements of the Platform. The graphics, design, systems, methods, information, computer code, software, services, “look and feel”, organization, compilation of the content, code, data, and all other elements of the Platform (collectively, the “Zeromint Materials”) are owned by Zeromint, and are protected by one or more of copyright, trade dress, patent, and trademark laws, international conventions, other relevant intellectual property and proprietary rights, and applicable laws. All Zeromint Materials are the copyrighted property of Zeromint or its licensors, and all trademarks, service marks, and trade names contained in the Zeromint Materials are proprietary to Zeromint or its licensors. Except as expressly set forth herein, Your use of the Platform does not grant You ownership of or any other rights with respect to any content, code, data, or other materials that You may access on or through the Platform. Zeromint reserves all rights in and to the Zeromint Materials not expressly granted to You in this Agreement.
You may choose to submit comments, bug reports, ideas or other feedback about the Platform, including without limitation about how to improve the Platform (collectively, “Feedback”). By submitting any Feedback, You agree that Company is free to use such Feedback at its discretion and without additional compensation to You, and to disclose such Feedback to third parties (whether on a non-confidential basis, or otherwise). You hereby grant Company a perpetual, irrevocable, non-exclusive, worldwide license under all rights necessary for Company to incorporate and use Your Feedback for any purpose.
The Smart Contracts and the Site facilitate Purchasers’ purchase of NFTs, Creator’s Minting of NFTs and Your charging of NFTs but Company and its affiliates, the Platform, and the Smart Contracts are not the custodians of any NFTs Minted, bought, or sold on the Platform. You understand and acknowledge that the Smart Contracts do not give Company custody, possession, or control of any NFT or cryptocurrency at any time for any the purpose. You affirm that you are aware and acknowledge that Company is a non-custodial service provider and has designed this Platform to be directly accessible by the You without any involvement or actions taken by Company or any third-party.
The Platform or Site may include hyperlinks to other websites or resources (collectively, “External Sites”), which are provided solely as a convenience for the You. Company has no control over any External Sites. You acknowledge and agree that Company is not responsible for the availability of any External Sites, and that Company does not endorse any advertising, products, or other materials on or made available from any External Sites. Furthermore, You acknowledge and agree that Company is not liable for any loss or damage which may be incurred as a result of the availability or unavailability of the External Sites, or as a result of any reliance placed by You upon the completeness, accuracy or existence of any advertising, products or other materials on, or made available from, any External Sites.
You are solely responsible for the security of Your account and your Wallet. You agree to undertake to maintain at all times adequate security and control of all of Your account details, passwords, personal identification numbers or any other codes that You utilizes to access the Platform or the Services. You must notify Company immediately of any breach of security, loss, theft or unauthorized use of Your username, account, or security information at info@zeromint.com
Zeromint reserves the right to terminate, suspend or restrict Your access to any Account(s) if there is reasonable suspicion by us that the person logged into your Account(s) is not you or if we suspect that the Account(s) have been or will be used for any illegal, fraudulent, or unauthorized purposes. Under no circumstances shall Company or indemnified persons in accordance with these Terms be responsible or liable for any direct or indirect losses (including loss of profits, business or opportunities), damages or costs suffered by you or any other person or entity due to any such termination, suspension or restriction of access to any Account(s).
You agree that You are responsible for Your conduct while accessing or using the Platform, and for any consequences thereof. You agree to use the Platform only for purposes that are legal, proper and in accordance with the terms of this Agreement and any applicable laws or regulations. Company grants You a limited, non-exclusive, non-transferable, revocable license to access and use the Site and Content. Our grant of such license is subject to the following conditions:
You are responsible for paying any and all sales, use, value-added and other taxes, duties, and assessments now or hereafter claimed or imposed by any governmental authority, associated with Your use of the Platform (including, without limitation, any taxes that may become payable as the result of your ownership, transfer, purchase, sale, or creation of any NFT). You agree that You are solely responsible for determining what, if any, taxes apply to Your transactions on the Platform, and Site or through use of the Services. Neither Company nor any other Company affiliate is responsible for determining the taxes that apply to Your transactions.
Company grants You a limited, non-exclusive, non-transferable, revocable license to create a text hyperlink to the Site for noncommercial purposes, provided that such link does not portray Company, its affiliates, or the Services in a false, misleading, derogatory, or otherwise defamatory manner, and provided further that the linking site does not contain any adult or illegal materials, or other materials that is offensive, harassing, or otherwise objectionable.
Additional Prohibitions: You agree not to (1) distribute, publish, broadcast, reproduce, copy, retransmit, or publicly display any Content; (2) modify or create derivative works from the Site or Content, or any portion thereof; (3) use any data mining, robots, or similar data gathering or extraction methods on the Site or Content; (4) download any portion of the Site or Content, other than for purposes of page caching, except as expressly permitted by Company.
If you are unsure whether a contemplated use would violate these Terms of Service, please contact us at the address listed below under Contact Information.
You Agrees that Company has the right to immediately suspend your account, pause or cancel Your access to the Services, the Platform, or close Your account if Company suspects, in its sole discretion, that (1) Your account is being used for money laundering or any illegal activity; (2) You has engaged in fraudulent activity; or (4) You have engaged in transactions in violation of these Terms of Service.
IF YOU ARE 13 OR OLDER BUT UNDER THE AGE OF 18, OR THE LEGAL AGE OF MAJORITY WHERE YOU RESIDES IF THAT JURISDICTION HAS AN OLDER AGE OF MAJORITY, THEN YOU AGREE TO REVIEW THESE TERMS WITH YOUR PARENT OR GUARDIAN TO MAKE SURE THAT BOTH YOU AND YOUR PARENT OR GUARDIAN UNDERSTAND AND AGREE TO THESE TERMS. YOU AGREE TO HAVE YOUR PARENT OR GUARDIAN REVIEW AND ACCEPT THESE TERMS ON YOUR BEHALF. IF YOU ARE A PARENT OR GUARDIAN AGREEING TO THE TERMS FOR THE BENEFIT OF A CHILD OVER 13, THEN YOU AGREE TO AND ACCEPT FULL RESPONSIBILITY FOR THAT CHILD’S USE OF THE PLATFORM, INCLUDING ALL FINANCIAL CHARGES AND LEGAL LIABILITY THAT HE OR SHE MAY INCUR.
All NFTs on the Platform are represented by a unique cryptographic token exclusively Minted by other users. Each NFT on the Platform is Minted by using the Zeromint Smart Contracts. All NFTs Minted on the Platform are forever tracked and stored on the GoChain blockchain.
The Site allows (1) You to create a profile where they can post certain information about yourself, link to other websites, and display NFTs that you own (collectively, “Profile Information”); and (2) Creators of NFTs (“NFT Creators”) to post their NFTs (“NFT Creations”), and bios (collectively, with Profile Information, “Your Content”). All Your Content must comply with these Terms of Service.
Any Profile Information You posts to the Site will be considered non-confidential and non-proprietary. By providing any Content on the Site and/or the Platform, You grant Company and its affiliates and respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, retransmit, publish, broadcast, and otherwise disclose to third parties any such material for any purpose. You represent and warrant that (1) You own and control all rights in and to its Your Content and have the right to grant such licenses to Company and its affiliates and respective licensees, successors, and assigns; and (2) all of Your Content does and will comply with these Terms of Service.
You understand and agree that You are responsible for any Content You submit or contribute, and You, not Company, have full responsibility for such 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 Content posted by You or any other user on the Site. You irrevocably release, acquit, and forever discharge Company and its subsidiaries, affiliates, officers, and successors of any liability for direct or indirect copyright or trademark infringement for Company’s use of a NFT Creation in accordance with these Terms, including without limitation, Company’s solicitation, encouragement, or request for You or third parties to host the NFT Creation for the purpose of operating a distributed database and Company’s deployment or distribution of a reward, a token, or other digital asset to You or third parties for hosting an NFT Creation on a distributed database.
If You are an NFT Creator, You hereby grants Company the right to use Your name and image for marketing or promotional purposes. If You are an NFT Creator, You agree that Company may use or modify images from the NFTs that You creates for marketing or promotional purposes. You also agree that Company can use Your biography and other public information about You to promote the NFTs that You create.
By Minting an NFT on the Platform, You expressly represent and warrant that Your NFT Creation is an original work. You are prohibited from Minting Works consisting of unlicensed or unauthorized copyrighted content, including any imagery, design, audio, video, human likeness, or other unoriginal content not created by the You, not authorized for use by the You, not in the public domain, or otherwise without a valid claim of fair use.
You expressly represent and warrant that works Minted on the Platform contain only original artistic content otherwise authorized for use by the NFT Creator. To the extent a Work contains unoriginal content, the Minting NFT Creator further represents and warrants that it has permission to incorporate the unoriginal content. NFT Creator represents and warrants that the display or performance of the NFT Creation for sale on the Platform is not a violation of any agreement, contract, or obligation owed to a third-party.
NFT Creator hereby agrees to indemnify Company and be held liable for any claim against Company arising out of the NFT Creator’s breach of these Terms. NFT Creator hereby releases and forever discharges Company from any damages or causes of action resulting from a sale of any of the NFT Creator’s listed NFT Creations occurring after the NFT Creator’s breach of these Terms.
You are personally responsible for the accuracy and content of any and all Your NFT Creations;
Any NFT Creation that violates any of Company’s policies may be obfuscated or deleted by Company, in its sole discretion;
You will not infringe upon the intellectual property of others; and You will not coordinate pricing with other NFT Creators.
Company reserves the right, in its sole discretion, to prohibit You from uploading its NFT Creations. Although Company is not required to monitor any Content, we may, in our sole discretion, remove Your Content at any time and for any reason without notice. Company may monitor Your Content to detect and prevent fraudulent activity or violation of these Terms of Service.
Unless otherwise indicated in writing by us, the Site, all content, and all other materials contained therein, including, without limitation, the Zeromint logo, and all designs, text, graphics, pictures, information, data, software, sound files, other files, and the selection and arrangement thereof (collectively, “Zeromint Content”) are the proprietary property of Zeromint or our affiliates, licensors, or You, as applicable. The Zeromint logo and any Zeromint product or service names, logos, or slogans that may appear on the Site or elsewhere are trademarks of Zeromint or our affiliates, and may not be copied, imitated or used, in whole or in part, without our prior written permission.
You may not use any Zeromint Content to link to the Site or Content without our express written permission. You may not use framing techniques to enclose any Zeromint Content without our express written consent. In addition, the look and feel of the Site and Content, including without limitation, all page headers, custom graphics, button icons, and scripts constitute the service mark, trademark, or trade dress of Zeromint and may not be copied, imitated, or used, in whole or in part, without our prior written permission.
Notwithstanding anything to the contrary herein, you understand and agree that you shall have no ownership or other property interest in your account, and you further agree that all rights in and to your account are and shall forever be owned by and inure to the benefit of Zeromint.
Outside the Zeromint Content, all other trademarks, product names, and logos on the Site 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. Without limiting the foregoing, if you believe that third-party material on the Platform or Site infringes your copyright or trademark rights, please file a notice of infringement by contacting Company Copyright Agent at info@zeromint.com
(1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of the location on Site of the material that you claim is infringing; (4) your address, telephone number and e-mail address; (5) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Zeromint’s policy is to suspend or terminate repeat infringers. Zeromint’s response may depend on relevant aggravating or mitigating circumstances, but generally we will terminate an account if it is the subject of three valid infringement notices.
The Platform facilitates a peer-to-peer digital asset Marketplace where artists, collectors, and other users can sell, purchase, list for auction, and bid on NFT Creations. You may obtain NFT Creations by purchasing them on the Zeromint Marketplace (the “Marketplace”). Items listed for sale on the Marketplace are not offered on consignment or held in trust on behalf of any artist, collector, owner, or You.
NFT Creations are offered for sale at a price (in $GO) established solely by the NFT Creator. Purchasers may purchase a NFT Creation through the Site by sending the requested amount of $GOI to a Smart Contract configured to initiate a transfer of the NFT Creation.
All transactions on the Marketplace, including transfers, charges, offers, sales, or purchases of NFT Creations are initiated at the sole discretion of the user. To initiate a transaction on the Marketplace, You must voluntarily invoke one or more Smart Contract operations from a Wallet. The Smart Contracts are configured to facilitate the execution of a voluntary user offer, an acceptance of an offer, or other confirmation to purchase, sell, Mint, or transfer a NFT Creation. The You agree to be bound by the outcome of any Smart Contract operation by invoking, calling, requesting, or otherwise engaging with the Smart Contract, whether or not the Smart Contract behaves as You expect.
You acknowledge and agree that the Company is not a party to any agreement or transaction between any user involving the purchase, sale, charge, or transfer of NFT Creations on the Platform. Company reserves the right to execute Smart Contract transactions on the Marketplace as a purchaser of NFT Creations.
You are expressly forbidden from accepting, soliciting, offering, bidding, engaging with the Smart Contracts, or otherwise transacting on or off of the Platform with the intent to artificially devalue, inflate, or otherwise deceptively influence, misrepresent, or cause to be misrepresented the price a NFT Creation, groups of NFT Creations, or NFT Creations created by particular users.
You are expressly forbidden from engaging in any transaction on the Marketplace for the purpose of concealing economic activity not relating to NFT Creation transactions. For example, and without limitation, You re forbidden from using the Marketplace to launder money, conceal or transfer proceeds relating to criminal activity, or to make payments to people for consideration other than an NFT Creation.
You agree to report suspicious market activity of other users. If You suspect that one or more Zeromint users are in violation of the terms of this Agreement, You shall promptly inform the Zeromint team at info@zeromint.com
You agree and acknowledge that any forbidden Marketplace conduct described herein may be a violation of federal or state law and/or this Agreement. Company reserves the right to completely or partially restrict or revoke Your access to the Site for violating the terms of this Agreement.
You irrevocably release, acquit, and forever discharge Company and its subsidiaries, affiliates, officers, and successors for and against any and all past or future causes of action, suits, or controversies arising out of another user violation of the Zeromint Marketplace code of conduct.
You agree and understand that all fees, commissions, and royalties are transferred, processed, or initiated directly through one or more of the Smart Contracts on the GoChain blockchain network. By transacting on the platform and by using the Smart Contracts, You hereby acknowledge, consent to, and accept all automated fees, commissions, and royalties for the sale of items on the Platform. You also consent to and agree to be bound by the Smart Contracts’ execution and distribution of the fees, commissions, and royalties.
You consent to the automated collection and disbursement to NFT Creators of royalties for Secondary Market sales of NFT Creations. You hereby waive any first sale defense or argument with respect to Secondary Market activities resulting in a royalty to a NFT Creator.
You acknowledge and consent to the risk that the price of a NFT Creation purchased on the Marketplace may have been influenced by activity outside of the control of Company or the Platform. Company does not represent, guarantee, or warrant the accuracy or fairness of the price of any NFT Creation sold or offered for sale on or off of the Marketplace. You agree and acknowledge that Company is not a fiduciary and does not owe any duties to any user of the platform, including the duty to ensure fair pricing of NFT Creations or to police user behavior on the Marketplace.
YOU FURTHER REPRESENT AND WARRANT THAT YOU UNDERSTAND AND ARE WILLING TO ACCEPT THE RISKS ASSOCIATED WITH CRYPTOGRAPHIC SYSTEMS SUCH AS THE SMART CONTRACTS, THE GOCHAIN BLOCKCHAIN, AND NON-FUNGIBLE TOKENS.
COMPANY IS NOT RESPONSIBLE FOR LOSSES DUE TO BLOCKCHAINS OR ANY OTHER FEATURES OF THE GOCHAIN NETWORK OR THE METAMASK ELECTRONIC WALLET OR ANY GOCHAIN-COMPATIBLE BROWSER OR WALLET, INCLUDING BUT NOT LIMITED TO LATE REPORT BY DEVELOPERS OR REPRESENTATIVES (OR NO REPORT AT ALL) OF ANY ISSUES WITH THE BLOCKCHAIN SUPPORTING THE GOCHAIN NETWORK, INCLUDING FORKS, TECHNICAL NODE ISSUES, OR ANY OTHER ISSUES HAVING FUND LOSSES AS A RESULT.
Upgrades by GoChain to the GoChain platform, a hard fork in the GoChain platform, or a change in how transactions are confirmed on the GoChain platform may have unintended, adverse effects on the Zeromint ecosystem.
You Acknowledges the Risks of the Platform
You acknowledge that the Platform is subject to flaws and acknowledge that you are solely responsible for evaluating any code provided by the Platform. This warning and others provided in this Agreement by Company in no way evidence or represent an ongoing duty to alert you to all of the potential risks of utilizing or accessing the Platform. The Platform may experience sophisticated cyber-attacks, unexpected surges in activity or other operational or technical difficulties that may cause interruptions to or delays on the Platform. You agree to accept the risk of the Platform failure resulting from unanticipated or heightened technical difficulties, including those resulting from sophisticated attacks, and you agree not to hold us accountable for any related losses. We will not bear any liability, whatsoever, for any damage or interruptions caused by any viruses that may affect your computer or other equipment, or any phishing, spoofing or other attack.
Company Does Not Guarantee the Value of NFT Creations
The prices of blockchain assets are extremely volatile. Fluctuations in the price of other digital assets could materially and adversely affect the value of NFT Creations, which may also be subject to significant price volatility. We cannot guarantee that any purchasers of NFT Creations will not lose money. You also acknowledge that the cost of transacting on such technologies is variable and may increase at any time causing impact to any activities taking place on the GoChain blockchain. A lack of use or public interest in the creation and development of distributed ecosystems could negatively impact the development of the Zeromint ecosystem, and therefore the potential utility or value of NFT Creations. The Platform, $GO and digital assets could be impacted by one or more regulatory inquiries or regulatory action, which could impede or limit the ability of Company to continue to develop, or which could impede or limit your ability to access or use the Platform or GoChain blockchain, including access to your digital assets or other funds, and new regulations or policies may materially adversely affect the development of the Zeromint ecosystem, and therefore the potential utility or value of all NFT Creations.
You Acknowledges Financial Risk of Digital Assets
Use of the Platform, including the creating, buying or selling trading digital assets, may carry financial risk. digital assets are, by their nature, highly experimental, risky, volatile and transactions carried through the Platform are irreversible, final and there are no refunds.
You acknowledge and agree that You will access and use the Platform at your own risk. The risk of loss in trading digital assets can be substantial. You should, therefore, carefully consider whether such creating, buying or selling digital assets is suitable for you in light of your circumstances and financial resources. By using the Platform, you represent that you have been, are and will be solely responsible for making your own independent appraisal and investigations into the risks of a given transaction and the underlying digital assets. You represent that you have sufficient knowledge, market sophistication, professional advice and experience to make your own evaluation of the merits and risks of any transaction conducted via the Platform or any underlying digital asset. You accept all consequences of using the Platform, including the risk that you may lose access to your digital assets indefinitely. All transaction decisions are made solely by you.
Notwithstanding anything in this Agreement, we accept no responsibility whatsoever for and will in no circumstances be liable to you in connection with use of the Platform for performing digital asset transactions. Under no circumstances will the operation of all or any portion of the Platform be deemed to create a relationship that includes the provision or tendering of investment advice.
The Smart Contracts May Change
The You acknowledges that Company may modify, change, amend, or replace one or more of the Smart Contracts from time to time. The You agrees that a modification to one or more of the Smart Contracts does not alter any right or obligation conferred by the terms of this Agreement.
Third-Parties
Zeromint may rely on third-party platforms, including but not limited to MetaMask to perform transactions. The Site may contain links to third-party websites or applications (collectively, “Third-Party Sites”). Company does not own or control Third Party Sites. You understand and agree that its use of any Third-Party Site is subject to any terms of use and/or privacy policy provided by such Third-Party Site. Company is not a party to any such agreement. You should review any terms of use and/or privacy policy provided by such Third-Party Site before proceeding with any transaction with any third party.
Company provides these Third-Party Sites only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third- Party Sites, or their products or services. You access and use Third-Party Sites at its Your own risk. Once You leave the Site, the terms of this Agreement do not govern. Company may, but is not obligated to, warn You that You are leaving the Site.
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY COMPANY, THE SITE, CONTENT CONTAINED THEREIN, AND NFTS LISTED THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. COMPANY (AND ITS SUPPLIERS) MAKE NO WARRANTY THAT THE SITE WILL (1) MEET YOUR REQUIREMENTS; (2) BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (3) BE ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE.
WE WILL NOT BE LIABLE FOR ANY LOSS OF ANY KIND FROM ANY ACTION TAKEN OR TAKEN IN RELIANCE ON MATERIAL OR INFORMATION, CONTAINED ON THE SITE. COMPANY DOES NOT REPRESENT OR WARRANT THAT CONTENT ON THE SITE IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE.
WHILE COMPANY ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE SITE AND CONTENT SAFE, COMPANY CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITE, CONTENT, ANY NFTS LISTED ON OUR SITE OR OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE CANNOT GUARANTEE THE SECURITY OF ANY DATA THAT YOU DISCLOSE ONLINE. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND WILL NOT HOLD US RESPONSIBLE FOR ANY BREACH OF SECURITY UNLESS IT IS DUE TO OUR GROSS NEGLIGENCE.
WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS AND TAKE NO RESPONSIBILITY FOR, AND WILL NOT BE LIABLE TO YOU FOR, ANY USE OF NFTS INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM:
(1) USER ERROR SUCH AS FORGOTTEN PASSWORDS, INCORRECTLY CONSTRUCTED TRANSACTIONS, OR MISTYPED ADDRESSES; (2) SERVER FAILURE OR DATA LOSS; (3) CORRUPTED WALLET FILES; (4) UNAUTHORIZED ACCESS TO APPLICATIONS; (5) ANY UNAUTHORIZED THIRD PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION THE USE OF VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK AGAINST THE SITE OR NFTS.
NFTS ARE INTANGIBLE DIGITAL ASSETS. THEY EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED IN THE GOCHAIN NETWORK. ANY TRANSFER OF TITLE THAT MIGHT OCCUR IN ANY UNIQUE DIGITAL ASSET OCCURS ON THE DECENTRALIZED LEDGER WITHIN THE GOCHAIN PLATFORM. WE DO NOT GUARANTEE THAT COMPANY OR ANY COMPANY PARTY CAN AFFECT THE TRANSFER OF TITLE OR RIGHT IN ANY NFTS.
Company is not responsible for sustained losses due to vulnerability or any kind of failure, abnormal behavior of software (e.g., wallet, smart contract), blockchains, or any other features of NFTs. Company is not responsible for sustained losses due to late reports by developers or representatives (or no report at all) of any issues with the blockchain supporting NFTs including forks, technical node issues or any other issues having fund losses as a result.
Nothing in this Agreement 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 by legitimate means.
TO THE FULLEST EXTENT PROVIDED BY LAW, COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SITE AND CONTENT CONTAINED THEREIN.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL COMPANY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM THIS AGREEMENT, THE SITE, PRODUCTS OR THIRD PARTY SITES AND PRODUCTS, OR FOR ANY DAMAGES RELATED TO LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE AND EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITES, PRODUCTS OR THIRD-PARTY SITES AND PRODUCTS ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA RESULTING THEREFROM.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF COMPANY ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT, THE ACCESS TO AND USE OF THE SITE, CONTENT, NFTS, OR ANY PRODUCTS OR SERVICES PURCHASED ON THE SITE EXCEED THE GREATER OF (A) $100 OR (B) THE AMOUNT YOU HAVE PAID TO COMPANY FOR THE SERVICES IN THE LAST SIX MONTHS OUT OF WHICH LIABILITY AROSE. THE FOREGOING LIMITATIONS OF LIABILITY SHALL NOT APPLY TO LIABILITY OF COMPANY FOR ANY INJURY CAUSED BY FRAUD OR FRAUDULENT MISREPRESENTATION.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. Some jurisdictions also limit disclaimers or limitations of liability for personal injury from consumer products, so this limitation may not apply to personal injury claims.
To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless Company, and its respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively, the “Company Parties”), 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 pursuing indemnification and insurance), of every kind and nature whatsoever, 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) your use or misuse of the Site, Content or NFTs, (b) any Feedback you provide, (c) your violation of these Terms of Service, and (d) your violation of the rights of a third party, including another user or MetaMask. You agree to promptly notify Company of any third-party Claims and cooperate with the Company Parties in defending such Claims. You further agree that the Company Parties 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 SET FORTH IN A WRITTEN AGREEMENT BETWEEN YOU AND COMPANY.
DISPUTE RESOLUTION; ARBITRATION. DISPUTE RESOLUTION. PLEASE READ THE FOLLOWING ARBITRATION AGREEMENT IN THIS SECTION ("ARBITRATION AGREEMENT") CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTES WITH ZEROMINT AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
Applicability of Arbitration Agreement. You agree that any dispute or claim relating in any way to Your access or use of the Site, to any products sold or distributed through the Site, or to any aspect of your relationship with Zeromint will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify; and (2) you or Zeromint may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents).
Arbitration Rules and Forum. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing Your claim to our registered agent. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other claims shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the country where you live or at another mutually agreed location. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Authority of Arbitrator. The arbitrator shall have exclusive authority to (a) determine the scope and enforceability of this Arbitration Agreement and (b) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of You and Zeromint. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and the Agreement (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.
Waiver of Jury Trial. YOU AND ZEROMINT HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Zeromint are instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
Waiver of Class or Other Non-Individualized Relief. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A OR COLLECTIVE CLASS BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER USER. If a decision is issued stating that applicable law precludes enforcement of any part of this subsection’s limitations as to a given claim for relief, then that claim must be severed from the arbitration and brought in the state or federal courts located in the State of Delaware. All other claims shall be arbitrated.
30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to Zeromint, within 30 days after first becoming subject to this Arbitration Agreement. You may also submit your decision to info@zeromint.com Your notice must include your name and address, the email address you used to set up your account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
Severability. Except as provided herein, if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Zeromint.
Modification. Notwithstanding any provision in this Agreement to the contrary, we agree that if Zeromint makes any future material change to this Arbitration Agreement, You may reject that change within thirty (30) days of such change becoming effective by writing to Zeromint.
This Agreement, your access to and use of the Site and Content, and your participation in the Auction shall be governed by and construed and enforced in accordance with the laws of the State of Delaware, without regard to conflict of law rules or principles of the State of Delaware, or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any Dispute between the parties that is not subject to arbitration or cannot be heard in small claims court, shall be resolved in the state or federal courts of the State of Delaware, and the United States, respectively, sitting in the State of Delaware.
Headings
The heading at the beginning of each paragraph is for reference purposes only and does not define the scope or extent of such paragraph.
Modification
Company has the right, in its sole discretion, to modify, suspend or discontinue any part of the Site, the Services, or the Platform including these Terms of Service at any time, with or without notice.
Entire Agreement
These Terms supersede all prior discussions and agreements between the Parties with respect to the subject matter hereof and contains the sole and entire agreement between the Parties with respect to the subject matter hereof. The Parties may amend any provision of this Agreement only by a written instrument signed by the Parties
No Assignment of the Terms
You may not assign or transfer any rights or obligations under this Agreement without the prior written consent of Company. This Agreement shall be binding upon the permitted assigns or transferees of each party.
No Relationship
Your use of the Site, Services, or Platform does not create and is not intended to create any agency, partnership, joint venture, or other relationship with anyone including Company.
Invalid Provisions; Severability
If a dispute between the Parties arises out of this Agreement or the subject matter of this Agreement, the Parties would want a court or arbitrator to interpret this Agreement as follows:
Upon the determination that any term or other provision of this Agreement is invalid, illegal, or incapable of being enforced, the Parties shall negotiate in good faith to modify this Agreement so as to affect the original intent of the Parties as closely as possible in an acceptable manner to the end that the transactions contemplated hereby are fulfilled to the extent possible.
Termination
Company reserves the right, without notice and in its sole discretion, to terminate Your license to access or use the Site, the Services, or the Platform, at any time and for any reason. You understand and agree that Company shall have no liability or obligation to You in such an event and that you will not be entitled to a refund of any amounts that you have already paid to us or other users, to the fullest extent permitted by applicable law.
You agree and understands that all provisions of these Terms of Services shall survive the termination or expiration of these Terms of Service.
Confidentiality of Certain Communications
You may voluntarily contact Company to report serious misuses of the Platform including, for example, suspicious market activity, hate speech, or other serious violations of the terms of this Agreement. You agree to keep confidential all private correspondence with Company, its officers, agents and assigns pertaining to another user’s alleged violation of the terms of this Agreement or other inquiries about Company’s policies.
Contact Information
If you have any questions, would like to provide feedback, or would like more information about Zeromint, please feel free to email us at info@zeromint.com If you would like to lodge a complaint, please contact us at info@zeromint.com or write to us.
END OF AGREEMENT
