Terms and Conditions

📃Privacy Policy & Terms of Use

Terms and Conditions

🇬🇧 English:

The Souls of Melon Bay Terms and Conditions (“T&C”)

The Souls of Melon Bay Terms and Conditions (“TERMS OF USE”)

Last Updated: August 2nd, 2023

Please read these terms carefully before using the app. We are only willing to make the app and the smart contracts available to you if you accept all of these terms. By using the app, the smart contracts or any other official TSOMB product, you are confirming that you have read, understand, and agree to be bound by all of these terms of use. if you do not agree and/or accept all of these terms of use, then you are expressly prohibited from using the app and the smart contracts and you must discontinue use immediately.

All transactions initiated through the app are facilitated and run by third-party electronic wallets on the Ethereum blockchain, and by using the app you agree that you are governed by the terms of service and privacy policy for those applicable wallets. We are not a broker, financial institution, or creditor. The app is an administrative platform only.

These terms of use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“You” or “User” or “Users”) and The Souls of Melon Bay (“TSOMB Team”, “We” or “Us”) concerning your access to and use of the www.soulsofmelonbay.com website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (the “App”). Before using the App and smart contracts you must agree to these terms of use and any other terms and conditions incorporated or referenced herein (the Terms of Use and any other terms and conditions incorporated or referenced herein are collectively referred to as the “Terms” or “Terms of Use” indistinctly).

TSOMB is a distributed application that contains several collections of non fungible tokens (NFTs) in the form of digital artworks currently running on the Ethereum Network, using specially-developed smart contracts (each, a “Smart Contract”) that allows Users to buy, sell, transfer, and any other form of acquisition and transmission of ownership of a specific TSOMB NFT. Using the App, users can view their assets and use the Smart Contracts to acquire, trade, and any other form of transmission with other App users.

The information on the App and the Smart Contracts are not intended for distribution to any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or which would subject Us to any registration requirement within such jurisdiction or country. Accordingly, any persons who access the App while breaking their local laws are doing it on their own initiative and will have to deal with the consequences when applicable.

The App is intended for users who are at least 18 (eighteen) years old. People under the age of 18 (eighteen) or considered a minor in their jurisdiction of residence are not permitted to use or register for the App and the Smart Contracts.

These Terms (including those terms incorporated herein by reference) are the entire agreement between you and Us with respect to the App, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Us with respect to the App. Nothing in these Terms create any agency, partnership, or joint venture or any other type of partnership.

CHANGES TO THE TERMS

We may also impose limits on certain features and services or restrict your access to parts or all of the App without notice or liability, including, without limitation. It is your responsibility to check these Terms periodically for changes. You can determine if any changes were made to these Terms by noting the date that these Terms were last updated. Your continued use of the App following the posting of any changes to the Terms constitutes acceptance of those changes.

CHANGES TO THE APP

You acknowledge and agree that the form and nature of the App, and any part of it, may change from time to time without prior notice to you, and that we may add new features and change any part of the App at any time without notice. We also reserve the right to shut down the App in our sole discretion. Shutting down the App will not prohibit you from transferring, buying or selling your TSOMB NFTs on another website or application.

INTELLECTUAL PROPERTY RIGHTS

Definitions. (i) “Art” means any art, design, and drawings that may be associated with a TSOMB that you Own. (ii) “Purchased TSOMB” means a TSOMB NFT that you own through smart contract evidence. (iv) “Third Party IP” means any third-party patent rights, copyrights, trade secrets, trademarks, know-how or any other intellectual property rights recognized in any country or jurisdiction in the world.

You can purchase a TSOMB on the App using an Ethereum wallet that is compatible with the NFT standard on the Ethereum network. All sales are final and we do not guarantee that all interested buyers will be able to purchase a TSOMB before they are sold out. It is your responsibility to ensure that your purchase of any TSOMB has been completed. We reserve the right to terminate or end the initial sale of TSOMB at any time.

Ownership. Each TSOMB is associated with a non-fungible token (an “NFT”) on the Ethereum blockchain. When you acquire a TSOMB, you own the NFT, not the associated Art, or any other TSOMB Materials (as that term is defined below), or any Third Party IP. You do not own the IP, character, object, location or any other item represented on the NFT. You do not own the story, traits, or any unlockable file associated to the NFT. You can trade the TSOMB, sell it, or give it away for free. Ownership of the NFT TSOMB is governed solely by the Smart Contract and the Ethereum Network.

Unless otherwise indicated, the App and the Smart Contracts are the TSOMB Teams proprietary property and all source code, database, Art, names, copyrights, systems, methods, information, computer code, software, services, “look and feel”, organization, compilation of the content functionality, software, website design, audio, video, text, photographs, and graphics on the the Apps (collectively, the “Content”) and trademarks, service marks and logos contained therein (the “Marks”) (the “Content” and the “Marks” as “The Souls of Melon Bay Material”) and all other elements of the App are owned, controlled by Us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property right. Except as expressly provided in these Terms of Use, no part of the App as well as the Smart Contract and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the App and the Smart Contracts, you are granted a limited license to access and use the App or to download or print a copy of any portion of the Content to which you have properly gained access solely to your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the App Content, and the Marks.

Provided that you own, or get written permission from someone who owns a TSOMB, you are granted a limited license to create fan-art which can be used commercially given that you follow the terms set herein:

  • Fan artwork must not use official TSOMB assets (the TSOMB logo or similar) but creating derivate non-commercial official TSOMB assets as inspiration is acceptable.

  • The artwork must clearly state “The Souls of Melon Bay Fanart”, link to www.soulsofmelonbay.com and link directly to the TSOMB that is being used for inspiration.

  • An TSOMB NFT can be used to generate a maximum of $10,000 in revenue before an official license agreement has to be signed. The revenue can come from either fanart (tokenized or physical) or merchandise (t-shirts, mugs, hoodies, etc).

  • The fan artwork may not be a direct copy or considered a duplicate of any TSOMB artwork.

Creating original fanart without monetizing it is acceptable without any license or ownership.

USER REPRESENTATIONS

By using the App and the Smart Contracts, the User (“you”) represents and warrants that:

  • all registration information you submit will be true, accurate, current, and complete;

  • you will maintain the accuracy of such information and promptly update such registration information as necessary;

  • you have the legal capacity and you agree to comply with these Terms of Use;

  • you are not a minor in the jurisdiction in which you reside;

  • you will not access the App and the Smart Contracts through automated and non-human means, whether through a bot, script or otherwise. Except as expressly mentioned herein;

  • building public tools and bots that facilitate transparency and analysis.

  • building private, non-commercial tools which store data for analytical purposes. Note that anyone abusing public APIs by spamming requests will be banned from using such APIs in the future.

  • you will not use the App and the Smart Contracts for any illegal and unauthorized purpose; and

  • your use of the App, and the Smart Contracts will not violate any applicable law or regulation. If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the App, and the Smart Contracts (or any portion thereof).

  • You will only use one in-game account to earn tokens in any 24-hour period. Multi-account is prohibited and could lead to the User account getting flagged, blocked, removed competely or any other sanctions.

  • you, as a TSOMB owner, are responsible for the actions of any “scholars” (players using any TSOMB you own) that play on your behalf, and that their actions can have consequences for any connected accounts that you own.

  • you have not been included in any trade embargoes or economic sanctions list (such as united nations security council sanctions list), the list of specially designated nationals maintained by OFAC (the office of foreign assets control of the U.S department of the treasury).

  • That TSOMB or third-party providers we work with, may store the IP address you use to access the App.

The Souls of Melon Bay reserves the right to choose which markets and jurisdictions to conduct its business and may restrict or refuse, at its sole discretion, the provision of The Souls of Melon Bay services in certain countries or regions.

USER REGISTRATION

You will be required to register with the App. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

PROHIBITED ACTIVITIES

You may not access or use the App for any purpose other than that for which we make the App. The App may not be used in connection with any commercial endeavors except if agreed to in a binding legal contract with TSOMB Team.

  • Systematically retrieve data or other content from the App, and the Smart Contracts to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.

  • Make any unauthorized use of the App and the Smart Contracts, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.

  • Use a buying agent or purchasing agent to make purchases on the App, and the Smart Contracts.

  • Use the App and the Smart Contracts to advertise or offer to sell goods and services.

  • Circumvent, disable, or otherwise interfere with security-related features of the App and the Smart Contracts, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the App and the Smart Contracts and/or the Content contained therein.

  • Engage in unauthorized framing of or linking to the App, and the Smart Contracts.

  • Trick, defraud, or mislead Us and other users, especially in any attempt to learn sensitive account information such as user passwords.

  • Make improper use of our support services or submit false reports of abuse or misconduct.

  • Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools, except as mentioned in 2.5)

  • Interfere with, disrupt, or create an undue burden on the App and the Smart Contracts or the networks or services connected to the App.

  • Attempt to impersonate another user or person or use the username of another user.

  • Sell or otherwise transfer your profile.

  • Use any information obtained from the App, and the Smart Contracts in order to harass, abuse, or harm another person.

  • Use the App, and the Smart Contracts as part of any effort to compete with Us or otherwise use the App, and the Smart Contracts and/or the Content for any revenue-generating endeavor or commercial enterprise.

  • Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the App, and the Smart Contracts.

  • Attempt to bypass any measures of the App designed to prevent or restrict access to the App, or any portion of the App and the Smart Contracts.

  • Harass, intimidate, or threaten any of our employees or agents engaged in providing any portion of the App and the Smart Contracts to you.

  • Delete the copyright or other proprietary rights notice from any Content.

  • Copy or adapt the App’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.

  • Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuoUs posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the App or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the App and the Smart Contracts.

  • Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).

  • Except as may be the result of standard search engines or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the App and the Smart Contracts, or using or launching any unauthorized script or other software.

  • Disparage, tarnish, or otherwise harm, in our opinion, Us and/or the App and the Smart Contracts.

  • Use the App and the Smart Contracts in a manner inconsistent with any applicable laws or regulations.

FEE AND PAYMENT

Any purchases from the App or marketplace will be done through smart contracts on a blockchain using a wallet like MetaMask. Any financial transactions that you engage in will be conducted solely through the Blockchain via a wallet such as MetaMask. We will have no insight into or control over these payments or transactions, nor do we have the ability to reverse any transactions. With that in mind, we will have no liability to you or to any third party for any claims or damages that may arise as a result of any transactions that you engage in via the App or using the Smart Contracts, or any other transactions that you conduct via the Ethereum,

Ethereum requires the payment of a transaction fee (a “Gas Fee”) for every transaction that occurs on the Ethereum network. The Gas Fee funds the network of computers that run the decentralized Ethereum network. This means that you will need to pay a Gas Fee for each transaction that occurs via the App. The Gas Fee is NOT paid to The Souls ofMelon Bay Team and The Souls of Melon Bay Team has no control over price of the Gas Fee

As between us, you will be solely responsible to pay any and all sales, use, value-added and other taxes, duties, and assessments (except taxes on our net income) now or hereafter claimed or imposed by any governmental authority (collectively, “Taxes”) associated with your use of the App (including, without limitation, any Taxes that may become payable as the result of your ownership, transfer of any of your TSOMB).

We have no control over these transactions as or once they occur, nor do we have the ability to reverse any transactions. You agree that we will have no liability to you or to any third party for any claims or damages that may arise as a result of any transactions pertaining to the Smart Contracts, or any other transactions that conducted via the Ethereum network.

FEEDBACK

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the App and the Smart Contracts (“Feedback”) provided by you to Us are non-confidential and should become our sole property. We should own exclusive rights, including all intellectual property rights, and should be entitled to the unrestricted use and dissemination of these Feedback to any lawful purpose, commercial, or otherwise, without acknowledgment or compensation for you. You hereby waive any moral rights to any such Feedback, and you hereby warrant that any such Feedback are original with you or that you have the right to submit such Feedback. You agree there should be no recourse against Us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions. If you become aware of any unauthorized use of your account, contact Us immediately

All Feedback must be submitted via email sent to thesoulsofmelonbay@gmail.com

THIRD-PARTY WEBSITE AND CONTENT

The App may provide links to other websites (“Third-Party Websites”) as well as articles, photograph, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the App or any Third-Party Content posted on, available through, or installed from the App including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the App and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk and you should be aware of these Terms of Use no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the App or relating to any applications you use or install from the App. Any purchase you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products and services offered on Third-Party Websites and you should hold Us harmless from any harm caused by your purchase of such products and services. Additionally, you should hold Us harmless from any losses sustained by you or harm caused to you relating to resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

TERMINATION

These Terms of Use remain in full force and effect while you use the App and the Smart Contracts. Without limiting any other provision of these terms of use, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the app and the smart contract (including blocking certain ip addresses) to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these terms of use or of any applicable law or regulation. We may terminate your use or participation in the app and the smart contract or delete your account without warning, at our sole discretion.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or a borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating and suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

GOVERNING LAW

This Terms of Use and your use of the App and the Smart Contracts are governed by and constructed in accordance with the laws of Argentina.

DISPUTE RESOLUTION

Informal negotiations: To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each a “Dispute” and collectively, the “Disputes”) brought by either you or Us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating the arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

Binding Arbitration: If a Party is unable to resolve a Dispute through informal negotiations, the Disputes (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgement on the award entered by the arbitrator.

If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the l courts located in the Argentina, and the Parties hereby consent to and waive all defenses of lack of personal jurisdiction, and forum non-conveniens with respect to venue and jurisdiction in such state and federal courts.

In no event shall any Dispute brought by either Party related in any way to the App and the Smart Contracts be commenced more than one (1) year after the cause of the action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed or jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

Exceptions to the Informal Negotiations and Arbitration: The Parties agree that the following Disputes are not subject to the above provision concerning informal negotiations and binding arbitration: (a) any Dispute seeking to enforce or protect, or concerning the validity of, and of the intellectual property rights of a Party, (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal and unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable, and such Dispute shall be decided by a court of competent jurisdiction within the courts listed or jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

DISCLAIMERS

You expressly understand and agree that your access to and use of the app and the smart contracts are at your sole risk, and that the app and the smart contracts are provided “as is” and “as available” without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, we, our subsidiaries, affiliates, and licensors make no express warranties and hereby disclaim all implied warranties regarding the app and the smart contracts and any part of it (including, without limitation, the app, any smart contract, or any external websites), including the implied warranties of merchantability, fitness for a particular purpose, non-infringement, correctness, accuracy, or reliability. Without limiting the generality of the foregoing, we, our subsidiaries, affiliates, and licensors do not represent or warrant to you that: (i) Your access to or use of the app and the smart contracts will meet your requirements, (ii) Your access to or use of the app and the smart contracts will be uninterrupted, timely, secure or free from error, (iii) Usage data provided through the app and the smart contracts will be accurate, (iv) The app and the smart contracts or any content, services, or features made available on or through the app and the smart contracts are free of viruses or other harmful components, or (v) That any data that you disclose when you use the app and the smart contracts will be secure. Some jurisdictions do not allow the exclusion of implied warranties in contracts with consumers, so some or all of the above exclusions may not apply to you.

You accept the inherent security risks of providing information and dealing online over the internet and agree that we have no liability or responsibility for any breach of security unless it is due to our gross negligence.

We will not be responsible or liable to you for any losses you incur as the result of your use of the Ethereum network, the Metamask electronic wallet, including but not limited to any losses, damages or claims arising from: (a) user error, such as forgotten passwords or incorrectly construed smart contracts or other transactions; (b) server failure or data loss; (c) corrupted wallet files; (d) unauthorized access or activities by third parties, including but not limited to the use of viruses, phishing, brute forcing or other means of attack against the app, ethereum network, or the metamask electronic wallet.

TSOMB NFTs are intangible digital assets that exist only by virtue of the ownership record maintained on the blockchain. All smart contracts are conducted and occur on the decentralized ledger. The Souls of Melon Bay team infinity limited has no control over and makes no guarantees or promises with respect to smart contracts. The Souls of Melon Bay team is not responsible for losses due to blockchains or any other features of the Ethereum network, the Metamask electronic wallet, or any other electronic 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 Ethereum network, including forks, technical node issues, or any other issues having fund losses as a result.

LIMITATION OF LIABILITY

You understand and agree that we, our subsidiaries, affiliates, and licensors will not be liable to you or to any third party for any indirect, incidental, special, consequential, or exemplary damages which you may incur, howsoever caused and under any theory of liability, including, without limitation, any loss of profits (whether incurred directly or indirectly), loss of goodwill or business reputation, loss of data, cost of procurement of substitute goods or services, or any other intangible loss, even if we have been advised of the possibility of such damages.

You agree and acknowledge that our total, aggregate liability to you for any and all claims arising out of or relating to these terms or your access to or use of (or your inability to access or use) any portion of the app and the smart contracts, whether in contract, tort, strict liability, or any other legal theory, is limited to the greater of (a) The amounts you actually paid us under these terms in the twelve (12) month period preceding the date the claim arose, or (b) One hundred (100) US dollar.

You agree and acknowledge that we have made the app and the smart contracts available to you and entered into these terms in reliance upon the warranty disclaimers and limitations of liability set forth herein, which reflect a reasonable and fair allocation of risk between the parties and form an essential basis of the bargain between us. we would not be able to provide the app and the smart contracts to you without these limitations.

ASSUMPTION OF RISK

You accept and acknowledge each of the following:

  • The prices of blockchain assets are extremely volatile. Fluctuations in the price of other digital assets could materially and adversely affect the value of your TSOMB NFT, which may also be subject to significant price volatility. We cannot guarantee that any purchasers of TSOMB (Users) will win money. Your TSOMB NFT value could go down to zero.

  • You are solely responsible for determining what, if any, taxes apply to your TSOMB-related transactions. The Souls of Melon Bay Team is not responsible for determining the taxes that apply to your transactions on the App or the Smart Contracts.

  • There are risks associated with using an Internet-based 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 your wallet. You accept and acknowledge that The Souls of Melon Bay Team will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the network, however caused.

  • A lack of use or public interest in the creation and development of distributed ecosystems could negatively impact the development of the TSOMB ecosystem, and therefore the potential utility or value of TSOMB.

  • The regulatory regime governing blockchain technologies, cryptocurrencies, and tokens is uncertain, and new regulations or policies may materially adversely affect the development of the TSOMB ecosystem, and therefore the potential utility or value of TSOMB NFTs.

INDEMNIFICATION

You agree to defend, indemnify, and hold Us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by third party due to or arising out of: (1) use of the App, (2) breach of these Terms of Use, (3) any breach of your representations and warranties set forth in these Terms of Use, (4) your violation of the rights of a third party, including but not limited to intellectual property rights, or (5) any overt harmful act toward any other use of the App and the Smart Contracts with whom you connected via the App and the Smart Contracts. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action or proceeding which is subject to this indemnification upon becoming aware of it.

USER DATA

We will maintain certain data that you transmit to the App and the Smart Contracts for the purpose of managing the performance of the App and the Smart Contracts, as well as data relating to your use of the App and the Smart Contracts. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that release to any activity you have undertaken using the App and the Smart Contracts. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against Us arising from any such loss or corruption of such data.

All transactions regarding the App are managed and confirmed via the Ethereum blockchain. You understand that your Ethereum public address may be made publicly visible whenever you engage in a transaction.

The App may show certain pricing data that has been loaded and collected from the Ethereum blockchain. We are not liable for any incorrect information or typographical errors of any kind, including any incorrect information that is due to a coding error, blockchain code errors or due to a data outage. It is your duty and obligation to confirm any and all pricing data on your own and base any decisions you make on your own information and data. g) We are not responsible or liable for any transactions that are cancelled by a seller.

PRIVACY POLICY.

Our Privacy Policy 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.

OTHER TERMS OF LICENSE.

The license granted in above applies only to the extent that you continue to Own the applicable Purchased TSOMB NFT. If at any time you sell, trade, donate, give away, transfer, or otherwise dispose of your Purchased TSOMB NFT for any reason, the license granted will immediately expire with respect to you and that TSOMB without requiring notice, and you will have no further rights in or to the Art for that TSOMB NFT.

MISCELLANEOUS

These Terms of Use and any policies or operating rules posted by Us on the App and the Smart Contracts, or in respect to the App and the Smart Contracts constitute the entire Terms and Conditions and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, and unenforceable, that provision or part of the provision is deemed severable these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and Us as a result of these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against Us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

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