wNFT Terms and Conditions

Terms and Conditions

These Terms and Conditions (“Agreement”) govern your access to and use of the wNFT.store platform (“Platform”), provided by SourceLess Inc. (“Company” or “we” or “us”). By accessing or using the Platform, you (“User” or “you”) agree to be bound by this Agreement. If you do not agree with these terms, please do not access or use the Platform.

 

wNFT.store platform in relation to the legislation regarding Cryptocurrency, NFTs, and the Markets in Crypto-Assets Regulation (MICA)

  • Compliance with Applicable Laws: Clearly state that all users of the platform must comply with the relevant laws, regulations, and guidelines, including those related to cryptocurrencies, NFTs, and MICA. This may include requirements related to know-your-customer (KYC), anti-money laundering (AML), and counter-terrorist financing (CTF) regulations.
  • User Verification: Implement user verification procedures to ensure compliance with KYC and AML regulations. Users may be required to provide accurate and up-to-date personal information, including identification documents, to access and use the platform.
  • Eligibility: Specify that users must be of legal age and have the legal capacity to enter into agreements related to cryptocurrencies and NFTs. Additionally, consider including a clause that restricts access to the platform from certain jurisdictions where the offering or use of cryptocurrencies or NFTs may be prohibited or restricted.
  • Disclaimer of Financial Advice: Clearly state that the information provided on the platform, including any investment-related information, should not be construed as financial advice. Encourage users to seek independent financial advice before making any investment or financial decisions related to cryptocurrencies or NFTs.
  • Intellectual Property Rights: Reiterate the ownership and intellectual property rights of the platform and its associated content, including NFTs. Clarify that users are granted limited rights and licenses to use the platform and NFTs solely for personal, non-commercial purposes, and any unauthorized use may infringe upon the intellectual property rights of the Company.
  • Limitation of Liability: Include a comprehensive limitation of liability clause that clearly outlines the extent to which the Company and its affiliates shall be liable for any damages, losses, or liabilities arising from the use of the platform. However, note that the specifics of this clause may vary depending on the jurisdiction and the applicable laws and regulations.
  • Data Privacy and Security: Address the collection, storage, processing, and protection of user data in compliance with relevant data protection and privacy laws. Clearly explain the purposes for which user data is collected and how it will be used, and provide users with the necessary information regarding their rights to access, rectify, and delete their personal data.
  • Dispute Resolution: Specify the methods and procedures for resolving disputes, including any mandatory arbitration or mediation clauses. Determine the jurisdiction or venue for any legal proceedings arising from the use of the platform.
  • Amendments to the Terms and Conditions: Include a clause that reserves the right for the Company to modify or update the terms and conditions of the platform, with appropriate notice to users. Users should be required to review and accept the updated terms and conditions to continue using the platform.

 

Acceptance of Terms

1.1 By accessing and using the wNFT.store platform (hereinafter referred to as the “Platform”), you affirm and warrant that you are at least 18 years old and possess the legal capacity to enter into this Agreement. If you are accessing or using the Platform on behalf of a company, organization, or other legal entity, you further represent and warrant that you have the authority to bind such entity to this Agreement.

1.2 You agree to comply with all applicable laws, regulations, and third-party rights when using the Platform. This includes, but is not limited to, laws regarding intellectual property, privacy, data protection, and anti-money laundering. You are solely responsible for ensuring that your use of the Platform is in accordance with the applicable laws and regulations of your jurisdiction.

1.3 We reserve the right to modify, update, or revise this Agreement at any time without prior notice. Such modifications may include, but are not limited to, changes in the Platform’s features, functionalities, or payment terms. Any modifications to this Agreement will be effective immediately upon posting the revised terms on the Platform. Your continued use of the Platform after any modifications constitutes your acceptance of the revised terms. It is your responsibility to review this Agreement periodically to stay informed of any changes.

1.4 If you do not agree to the terms of this Agreement or any modifications thereof, you must immediately cease using the Platform. Your continued use of the Platform after any modifications indicates your acceptance and agreement to be bound by the terms of this Agreement as amended.

1.5 We may, at our sole discretion, suspend, restrict, or terminate your access to the Platform without liability or prior notice if we believe that you have violated any provision of this Agreement or any applicable laws or regulations. Such actions may also be taken if we determine that your use of the Platform poses a risk to the security, integrity, or reputation of the Platform or SourceLess Inc.

1.6 The Platform may contain links to third-party websites or services that are not owned or controlled by SourceLess Inc. We do not endorse, warrant, or assume any responsibility for the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that SourceLess Inc. shall not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any such content, goods, or services available on or through any third-party websites or services.

1.7 If any provision of this Agreement is found to be unenforceable or invalid, such provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

By accessing and using the Platform, you acknowledge that you have read, understood, and agreed to be bound by the terms and conditions of this Agreement. If you do not agree to these terms, please discontinue your use of the Platform.

 

Account Registration

2.1 To access certain features of the Platform, you may be required to register for an account. You must provide accurate and complete information during the registration process.

2.2 When connecting to the Platform through the Metamask wallet, you acknowledge and agree to the following:

  1. a) You are solely responsible for the security and confidentiality of your Metamask wallet and associated private keys.
  2. b) You understand and accept the risks associated with using Metamask, including but not limited to the potential loss of funds or unauthorized access to your wallet.
  3. c) You will comply with all applicable terms and conditions of Metamask and any other third-party services used in connection with the Platform.
  4. d) The Company shall not be liable for any damages or losses arising from the use of Metamask or any issues related to its functionality, security, or compatibility with the Platform.

2.3 You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

2.4 You agree to notify us immediately of any unauthorized use of your account or any other breach of security.

 

NFT Purchases and Auctions

3.1 The wNFT.store platform allows users to purchase Non-Fungible Tokens (NFTs) with real value and sell them through auctions on the platform.

3.2 By engaging in the purchase and sale of NFTs, you acknowledge and accept that there are inherent risks involved. These risks include, but are not limited to, market fluctuations, liquidity risks, and potential loss of value. It is important to carefully consider these risks before engaging in any transactions.

3.3 When conducting transactions on the platform, you agree to act in good faith and comply with all applicable laws and regulations. You must ensure that your activities are legal and do not infringe upon the rights of others.

3.4 Please note that the wNFT.store platform does not endorse, warrant, or guarantee the authenticity, quality, or legality of the NFTs listed on the platform. It is the sole responsibility of users to verify the authenticity and legitimacy of any NFT before making a purchase. We encourage users to conduct thorough due diligence and research before engaging in any transaction.

3.5 Any disputes or issues that may arise from NFT transactions are strictly between the buying and selling parties involved. The wNFT.store platform and SourceLess Inc. do not assume any liability or responsibility in connection with such disputes. Users are encouraged to communicate and resolve any conflicts directly with the involved parties.

3.6 Payments for NFT purchases and participation in auctions on the platform can only be made using cryptocurrencies. Specifically, the use of the Metamask wallet is required for payment transactions. By utilizing Metamask, users acknowledge and agree to the following:

  1. a) Users are solely responsible for the security and confidentiality of their Metamask wallet and associated private keys.
  2. b) Users understand and accept the risks associated with using Metamask, including but not limited to the potential loss of funds or unauthorized access to their wallet.
  3. c) Users will comply with all applicable terms and conditions of Metamask and any other third-party services used in connection with the platform.
  4. d) SourceLess Inc. and the wNFT.store platform shall not be held liable for any damages or losses arising from the use of Metamask or any issues related to its functionality, security, or compatibility with the platform.

 

Intellectual Property Rights

4.1 The wNFT.store platform (hereinafter referred to as the “Platform”) and all associated content, including but not limited to text, graphics, logos, images, audiovisual materials, and software, are owned or licensed by SourceLess Inc. (hereinafter referred to as the “Company”) and are protected by intellectual property laws, including copyright, trademark, and other proprietary rights. You acknowledge and agree that the Company or its licensors retain all rights, title, and interest in and to the Platform and its content.

4.2 Users retain ownership of the Non-Fungible Tokens (NFTs) they purchase or sell on the Platform, subject to the rights and licenses granted under this Agreement. The Company does not claim ownership over any NFTs listed or transacted on the Platform, except for the Company’s own NFTs, if applicable. However, by using the Platform, users grant the Company a worldwide, non-exclusive, royalty-free, and sub-licensable right to use, reproduce, distribute, publicly display, and publicly perform their NFTs solely for the purpose of operating and promoting the Platform.

4.3 Users agree not to reproduce, modify, distribute, display, perform, create derivative works based on, or otherwise use any content from the Platform, including the Company’s intellectual property, without the prior written consent of the Company or the respective rights holders. This includes, but is not limited to, copying or scraping data from the Platform, reverse engineering the software or algorithms used on the Platform, or using any automated tools or bots to interact with the Platform. Any unauthorized use of the Platform’s content may violate intellectual property laws and could result in civil and criminal penalties.

4.4 If you believe that any content on the Platform infringes upon your intellectual property rights, please notify the Company in writing and provide sufficient information to identify the allegedly infringing content and the intellectual property rights being infringed. The Company will promptly investigate the matter and, if necessary, take appropriate action, including the removal or disabling of infringing content.

4.5 The Platform may allow users to upload, submit, or post their own content, including images, descriptions, or other materials related to the NFTs. By uploading, submitting, or posting such content on the Platform, users represent and warrant that they have the necessary rights and permissions to do so and that such content does not infringe upon the intellectual property rights or any other rights of any third party.

4.6 The Company respects the intellectual property rights of others and expects its users to do the same. If you believe that your intellectual property rights have been infringed upon by any content on the Platform, please contact the Company with the necessary information to address the issue.

 

User Conduct

5.1 By accessing and using the wNFT.store platform (hereinafter referred to as the “Platform”), you agree to conduct yourself in a lawful manner and to comply with all applicable laws, regulations, and this Agreement. You are solely responsible for ensuring that your use of the Platform is in accordance with the law.

5.2 You acknowledge and agree that you will not engage in any activity that could damage, disable, overburden, or impair the functioning of the Platform or interfere with any other User’s use and enjoyment of the Platform. This includes, but is not limited to, actions that may disrupt the proper operation of the Platform, such as transmitting harmful code, viruses, or any other malicious software or engaging in any form of hacking, phishing, or unauthorized data mining.

5.3 You further agree that you will not attempt to gain unauthorized access to any portion of the Platform, other User accounts, or any systems or networks connected to the Platform. This includes, but is not limited to, attempting to bypass security measures, accessing or using another User’s account without permission, or engaging in any activity that may compromise the security or integrity of the Platform.

5.4 You understand and acknowledge that any unauthorized access or misuse of the Platform may result in legal consequences, including civil and criminal liabilities. The Company reserves the right to investigate and take appropriate legal action against any individual or entity found to be in violation of this provision.

5.5 You agree not to use the Platform for any fraudulent or deceptive purposes, including but not limited to engaging in any form of identity theft, impersonation, or misrepresentation. You will not use the Platform to promote or facilitate any illegal activities, including but not limited to money laundering, terrorism financing, or the sale of counterfeit or stolen goods.

5.6 You are solely responsible for the accuracy, integrity, and legality of any information or content you provide or transmit through the Platform. You agree not to upload, post, or transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, or otherwise objectionable.

5.7 The Company reserves the right to monitor, review, and remove any content or information that violates this Agreement or is deemed inappropriate, at its sole discretion. The Company also reserves the right to take appropriate legal action against any User who violates this Agreement, including but not limited to suspending or terminating their access to the Platform.

 

Limitation of Liability

6.1 You acknowledge and agree that, to the maximum extent permitted by applicable law, SourceLess Inc. (referred to as “we” or “the Company”) and its affiliates, directors, officers, employees, agents, and licensors shall not be liable for any indirect, incidental, consequential, or punitive damages arising out of or in connection with your use of the wNFT.store platform (referred to as the “Platform”).

6.2 The Platform is provided to you on an “as is” and “as available” basis. While we strive to provide a reliable and secure Platform, we make no representations or warranties regarding the availability, accuracy, or reliability of the Platform or any content therein. We do not guarantee that the Platform will be error-free, uninterrupted, or free from viruses or other harmful components. You acknowledge that your use of the Platform is at your own risk.

6.3 You understand and agree that any material or data downloaded or otherwise obtained through the use of the Platform is done at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download or use of such material or data.

6.4 To the maximum extent permitted by applicable law, we disclaim all warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant or make any representations regarding the use, validity, accuracy, or reliability of the materials, information, or content on the Platform.

6.5 In jurisdictions where the exclusion or limitation of liability for consequential or incidental damages is not allowed, our liability shall be limited to the fullest extent permitted by law.

6.6 Some jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. In such cases, our liability shall be limited to the fullest extent permitted by applicable law.

6.7 In no event shall our total liability to you for all damages, losses, or causes of action arising out of or relating to this Agreement or your use of the Platform exceed the amount paid by you, if any, for accessing or using the Platform.

6.8 The limitations of liability set forth in this section shall apply regardless of the form of action, whether in contract, tort (including negligence), strict liability, or otherwise, and shall survive a fundamental breach or breaches, or the failure of the essential purpose of this Agreement or any limited remedy herein.

 

Indemnification

You agree to indemnify, defend, and hold harmless SourceLess Inc. (referred to as “the Company”), its affiliates, and their respective directors, officers, employees, and agents (collectively referred to as “Indemnified Parties”) from and against any and all claims, liabilities, damages, losses, costs, and expenses, including reasonable attorneys’ fees, arising out of or in connection with your use of the wNFT.store platform (referred to as the “Platform”) or any violation of this Agreement.

You acknowledge and understand that your use of the Platform is at your own risk and discretion. In the event that any third party brings a claim, initiates legal proceedings, or takes any other action against the Indemnified Parties as a result of your use of the Platform or any breach of this Agreement, you agree to indemnify and hold them harmless from any and all liabilities, damages, losses, costs, and expenses incurred, including but not limited to attorneys’ fees and court costs.

Furthermore, you agree to cooperate fully with the Indemnified Parties in the defense of any such claim. This includes providing any necessary information, documents, or assistance as reasonably requested by the Indemnified Parties. You understand that the Indemnified Parties reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree not to settle any such matter without the prior written consent of the Indemnified Parties.

This indemnification provision shall survive the termination or expiration of this Agreement and your use of the Platform. It shall apply to all claims, liabilities, damages, losses, costs, and expenses incurred by the Indemnified Parties arising out of or in connection with your use of the Platform or any violation of this Agreement, whether such claims arise from negligence, breach of contract, or any other legal theory.

It is your responsibility to ensure that your use of the Platform and any content you upload or transmit through the Platform comply with all applicable laws, regulations, and third-party rights. You agree to assume full responsibility for any consequences arising from your use of the Platform, including any damages or losses incurred by the Indemnified Parties as a result of your actions.

By using the Platform, you acknowledge and agree to indemnify, defend, and hold harmless the Indemnified Parties from any and all claims, liabilities, damages, losses, costs, and expenses arising out of or in connection with your use of the Platform or any violation of this Agreement. If you do not agree with this indemnification provision, your sole remedy is to discontinue your use of the Platform.

 

Termination

SourceLess Inc. (referred to as “the Company”) reserves the right to suspend or terminate your access to the wNFT.store platform (referred to as the “Platform”) at any time without prior notice, for any reason or no reason, in its sole discretion. This includes but is not limited to situations where you have violated this Agreement or applicable laws, regulations, or policies, or engaged in any activity that the Company deems inappropriate or harmful to the Platform or its users.

In the event of termination, your right to access and use the Platform will cease immediately. You acknowledge and agree that the Company shall not be liable to you or any third party for any damages, losses, or liabilities arising out of or in connection with such termination.

Upon termination, you must cease all use of the Platform and any associated services. Any rights and licenses granted to you under this Agreement will also terminate, and you must immediately remove or delete any copies of the Platform or its content in your possession or control.

The Company’s right to terminate your access to the Platform is in addition to any other remedies or rights available to it under this Agreement or applicable laws. The termination of this Agreement shall not relieve you of any obligations or liabilities that may have arisen prior to termination.

You understand and acknowledge that the Company reserves the right to monitor your use of the Platform and investigate any suspected violations of this Agreement. This may include the examination of content, communications, and activities related to your account. If the Company determines, in its sole discretion, that your use of the Platform violates this Agreement or is harmful to the Platform or its users, it may take immediate action, including terminating your access to the Platform.

Furthermore, the Company may also disclose any information, including personally identifiable information, if required to do so by law or in response to a valid legal request or order, or if the Company believes that such disclosure is necessary to protect its rights, property, or the safety of others.

You have the right to terminate your account and discontinue your use of the Platform at any time. To do so, please follow the instructions provided on the Platform or contact the Company’s customer support.

The provisions of this Termination section shall survive the termination or expiration of this Agreement and your use of the Platform.

 

Governing Law and Jurisdiction

This Agreement, its interpretation, and any disputes arising out of or in connection with it shall be governed by and construed in accordance with the laws of the jurisdiction in which the Company is incorporated. Any legal actions, proceedings, or disputes arising from or related to this Agreement shall be exclusively submitted to the competent courts in that jurisdiction.

By using the wNFT.store platform (referred to as the “Platform”), you expressly agree that any claims, suits, or actions arising out of or in connection with this Agreement or your use of the Platform shall be subject to the exclusive jurisdiction of the courts in the aforementioned jurisdiction.

The choice of governing law and jurisdiction is intended to provide a clear legal framework for resolving any disputes that may arise between the Company and its users. It ensures consistency and predictability in the application and interpretation of this Agreement.

In the event of any legal dispute, you agree to submit to the personal jurisdiction of the courts in the specified jurisdiction and waive any objections or defenses related to venue, inconvenience, or jurisdiction.

However, the choice of governing law and jurisdiction does not limit the Company’s right to seek injunctive relief or take legal action in any other jurisdiction where necessary to protect its rights, intellectual property, or assets.

It is important to note that this governing law and jurisdiction provision does not override any mandatory consumer protection rights or other applicable laws that may provide for different governing law or jurisdiction. To the extent permitted by law, any provisions of this Agreement that are inconsistent with such mandatory laws shall be superseded by such laws.

The Company makes no representation that the content or materials available on the Platform are appropriate or comply with laws outside the jurisdiction in which the Company is incorporated. If you access the Platform from a jurisdiction other than the one specified, you do so at your own risk and are solely responsible for complying with the applicable laws and regulations of that jurisdiction.

By continuing to access or use the Platform, you acknowledge and agree to the applicability of the governing law and jurisdiction provisions set forth in this Agreement. It is recommended that you review these provisions carefully and seek legal advice if you have any questions or concerns regarding their implications.

 

Severability

If any provision of this Agreement is deemed invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be deemed severed from this Agreement to the extent of such invalidity, illegality, or unenforceability. The remaining provisions of this Agreement shall continue in full force and effect and shall be construed as if the severed provision had never been a part of this Agreement.

The severability of provisions is intended to preserve the enforceability and effectiveness of the remaining provisions of this Agreement even if one or more provisions are found to be invalid, illegal, or unenforceable. The parties acknowledge that the purpose of this provision is to ensure that the fundamental rights and obligations under this Agreement are upheld to the maximum extent permitted by law.

If a provision is severed, the parties shall make good faith efforts to negotiate a substitute provision that is valid, legal, and enforceable and achieves the intended purposes of the severed provision to the greatest extent possible.

The severability of provisions shall not affect the validity or enforceability of any other provision of this Agreement, which shall remain in full force and effect. In the event that any provision is severed, the parties shall continue to be bound by the remaining provisions of this Agreement.

The severability provision is an essential part of this Agreement and reflects the intention of the parties to preserve the validity and enforceability of the Agreement as a whole, even if certain provisions are found to be invalid, illegal, or unenforceable.

By accessing or using the Platform, you expressly acknowledge and agree to the severability provision set forth in this Agreement. It is recommended that you review this provision carefully and seek legal advice if you have any questions or concerns regarding its implications.

This severability provision shall survive any termination or expiration of this Agreement.

 

Entire Agreement

This Agreement, including all its terms and conditions, constitutes the entire agreement between you and the Company regarding the use of the wNFT.store platform and supersedes any prior or contemporaneous understandings or agreements, whether oral or written, relating to the subject matter herein.

By accessing or using the wNFT.store platform, you acknowledge that you have carefully read, fully understood, and voluntarily agreed to be bound by all the terms and conditions set forth in this Agreement. You further acknowledge that any prior representations, warranties, or agreements, whether oral or written, not expressly incorporated into this Agreement are hereby deemed null and void.

The provisions of this Agreement shall govern and control your use of the wNFT.store platform, and any additional or conflicting terms or conditions presented by you or any third party shall be deemed to have no force or effect unless expressly agreed to in writing by the Company.

No modification, amendment, or waiver of any provision of this Agreement shall be effective unless in writing and signed by an authorized representative of the Company. The failure of either party to enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.

If any part of this Agreement is held invalid or unenforceable, the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall be deemed modified to the extent necessary to make it valid, legal, and enforceable while preserving the parties’ original intent to the maximum extent possible.

You acknowledge that in entering into this Agreement, you have not relied on any representations, warranties, or promises, whether express or implied, that are not expressly stated in this Agreement. You further acknowledge that you have had the opportunity to seek independent legal advice regarding the terms and conditions of this Agreement.

This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors, assigns, and legal representatives.

By accessing or using the wNFT.store platform, you affirm that you have read, understood, and agreed to be bound by the entire Agreement. If you do not agree to any part of this Agreement, you must immediately cease using the platform.

 

This Agreement is effective as of the date of your acceptance and shall remain in effect until terminated in accordance with its terms.