Please read these Terms of Service (the “Terms”) and our Privacy Policy (“Privacy Policy”)
carefully because they govern your use of the website and interface located at https://fantasydollars.com (the “Site” or the “FandollarNFT Platform”), the blockchain currency
management software that is downloadable from the site (the “Software”), corresponding mobile
applications (“Apps”), and other services and resources that are available, enabled or offered by
Longbridge Research (“LBR”, “we,” “our”), which facilitates interaction with certain decentralized
cryptographic protocols, which are either open-sourced or may become open-sourced
(collectively, the “Protocols”) to effectuate the creation and deployment (aka “minting”) of
non-fungible tokens (“NFTs”), support sale and distribution of such NFTs on the decentralized
blockchains on which the NFTs are recorded (“Blockchains”), and support the management of
cryptographic currencies. To make these Terms easier to read, the Site, Software, Apps and our
services are collectively called the “Services”. These Terms do not govern any interactions you
may with our third-party API providers, each of which has its own terms. LBR is not a bank or
financial institution and does not provide investment or financial advice to users of the Services.
We are solely the provider of the Services.
IMPORTANT NOTICE REGARDING ARBITRATION: WHEN YOU AGREE TO THESE TERMS
YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE
BETWEEN YOU AND LBR THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN
IN COURT. PLEASE REVIEW CAREFULLY SECTION 18 “DISPUTE RESOLUTION” BELOW
FOR DETAILS REGARDING ARBITRATION.
Agreement to Terms. By using the Services, you
agree to be bound by these Terms. If you don’t agree to be bound by these Terms, you are not
authorized to use the Service
1. Privacy Policy. Please review our Privacy Policy, which also governs your use of the
Services, for information on how we collect, use and share your information.
2. Changes to these Terms or the Services. We may update the Terms from time to time at
our sole discretion. If we do, we’ll let you know by posting the updated Terms on the Site,
to the Apps and/or may also send other communications. It’s important that you review
the Terms whenever we update them or you use the Services. If you continue to use the
Services after we have posted updated Terms, it means that you accept and agree to the
changes. If you don’t agree to be bound by the changes, you may not use the Services
anymore. Because the Services are evolving over time, we may change or discontinue
all or any part of the Services, at any time and without notice, at our sole discretion.
3. Who May Use the Services?
m. Eligibility.
YOU MAY USE THE SERVICES ONLY IF YOU ARE 18 YEARS
OR OLDER AND CAPABLE OF FORMING A BINDING CONTRACT WITH
LBR, AND NOT OTHERWISE BARRED FROM USING THE SERVICES
UNDER APPLICABLE LAW. THE SERVICES ARE NOT AVAILABLE TO
RESIDENTS OF THE UNITED STATES. We will not knowingly solicit or
collect personal information from any user under the age of 13. Do not
attempt to use the Services if you are under the age of 13. If we become
aware that a user is under the age of 13, we will promptly delete all
personal information of the user. If you have information that suggests that
a user of the Service could be under the age of 13, please send an email
to support@fantasydollars.com
n. Compliance.
The Services are only available to users in certain
jurisdictions who can use the Services as permitted under applicable law.
You certify that you will comply with all applicable laws) when using the
Services. Without limiting the foregoing, by using the Services, you
represent and warrant to LBR that neither you nor, where applicable, your
beneficial owners and controllers are: (a) the subject of economic or trade
sanctions administered or enforced by any governmental authority or
otherwise designated on any list of prohibited or restricted parties
(including the United Kingdom's Office of Financial Sanctions
Implementation or the Cayman Islands Governor or Financial Reporting
Authority), or (b) a citizen, resident, or entity organized in a jurisdiction or
territory that is the subject of comprehensive sanctions by the United
Kingdom (as extended to the Cayman Islands by Orders in Council) or the
Cayman Islands. You are solely responsible for ensuring that your access
and use of the Services in such country, territory or jurisdiction does not
violate any applicable laws. You must not use any software or networking
techniques, including use of a Virtual Private Network (VPN) to modify your
internet protocol address or otherwise circumvent or attempt to circumvent
this prohibition. We reserve the right, but have no obligation, to monitor
where the Services are accessed from. Furthermore, we reserve the right,
at any time, at our sole discretion, to block access to the Services, in whole
or in part, from any geographic location, IP addresses and unique device
identifiers or to any user who we believe is in breach of these Terms.
o. Unauthorized Access.
You may not access or utilize the Site and/or
Services for the purpose of web crawling, web harvesting, data mining,
data extraction, scraping or aggregating information, including without
limitation listings and smart contracts available on or through the Site
and/or Services, or similar activities without our prior written consent at our
sole discretion. Users who wish to engage in any of the foregoing activities
must visit and abide by the application programming interface (the “API”)
licensing terms made available on that site to legally access and use the
APIs. We reserve the right to implement testing and maintenance of the
API at our sole discretion. Engaging in any of the activities referenced in
the first sentence of this paragraph without prior authorization is a
prohibited material breach of these Terms and may subject violators to
legal liability.
4. About the Services.
m. The FandollarNFT Platform.
The Services facilitate interactions with the
Protocols and Blockchains to allow individuals to, inter alia, bid on,
purchase, trade, and sell NFTs. LBR provides the FandollarNFT Platform
located at magiceden.io, which is an interface to interact with the Protocols
and Blockchains. The Services also allows users to create and deploy
NFTs.
vi. You may participate in the Services by linking your external
digital wallet(s) on supported bridge extensions, which allows
you to purchase, store, and engage in transactions using
cryptocurrency. Before putting up your unique digital asset for
sale or putting in an offer to purchase a unique digital asset
from another user, we will ask you to download a supported
electronic wallet extension and connect and unlock your
digital wallets with that extension. Once you submit an order
to sell or purchase a unique digital asset, your order is
passed on to the applicable extension, which completes the
transaction on your behalf.
vii. MAGIC EDEN PLATFORM IS NOT A BROKER, FINANCIAL
INSTITUTION, OR CREDITOR. THE SERVICES ARE AN
ADMINISTRATIVE PLATFORM ONLY. LBR FACILITATES
TRANSACTIONS BETWEEN THE PURCHASER AND
SELLER ON THE MAGIC EDEN PLATFORM BUT IS NOT A
PARTY TO ANY AGREEMENT BETWEEN THE
PURCHASER AND SELLER OF NFTs OR BETWEEN ANY
USERS.
viii. YOU BEAR FULL RESPONSIBILITY FOR VERIFYING THE
IDENTITY, LEGITIMACY, AND AUTHENTICITY OF ASSETS
YOU PURCHASE THROUGH THE MAGIC EDEN
PLATFORM. NOTWITHSTANDING INDICATORS AND
MESSAGES THAT SUGGEST VERIFICATION, LBR MAKES
NO CLAIMS ABOUT THE IDENTITY, LEGITIMACY, OR
AUTHENTICITY OF ASSETS ON THE PLATFORM.
n. Transactions Are Conducted on the Blockchain.
While LBR offers a
marketplace for NFTs, it does not buy, sell, transfer or take custody or
possession of any NFTs, nor does it act as an agent or custodian for any
user of the Services. Instead, each NFT that is listed for sale will be
deposited into a blockchain-based smart contract to ensure that the
purported seller owns such NFT. Each such NFT is released automatically
upon consummation of its sale through the relevant Blockchain network. If
you elect to mint, buy, or sell any NFTs, any transactions that you engage
in will be conducted solely through the relevant Blockchain network
governing such NFT. You will be required to make or receive payments
exclusively through the cryptocurrency wallet you have connected to the
FandollarNFT Platform. We will have no insight into or control over these
payments or transactions, nor do we have the ability to reverse any
transactions. Accordingly, 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 Service. There may be royalties
associated with the secondary sale of any NFT. You acknowledge and
agree that the payment of any such royalty shall, in certain circumstances,
be programmed to be self-executing via a blockchain network’s
nonfungible token standard or another means and LBR does not have any
control or ability to direct such funds or the obligation to collect such fees.
o. Promotions Programs.
Your participation in certain programs (e.g.,
promotions, sweepstakes, giveaways, contests, rewards programs, etc.)
made available through the FandollarNFT Platform will be subject to
additional terms and conditions specific to such programs as set forth by
LBR or the sponsor of each promotion or program.
p. Terms Applicable to Purchasers and Sellers.
If you are using the Services
to purchase NFTs, you are a “Purchaser,” and if you are using the Services
to sell NFTs, you are a “Seller.” If you are either a Purchaser or Seller, you
agree to the following additional terms:
vi. Purchase Terms.
Although the terms of sale for an NFT are
displayed on the FandollarNFT Platform, all such terms are
determined by the Purchasers and Sellers and the sale and
purchase of NFTs are subject to such (e.g., with respect to
the use of the NFT Content, as defined below in Section
5(e)(ii), or benefits associated with a given NFT) (“Purchase
Terms”), including, but not limited to, the price to be paid for
such NFT. LBR is not a party to any such Purchase Terms,
which are solely between the Purchaser and the Seller and is
not responsible for ensuring compliance with such terms or
mediating or resolving any disputes with respect to such
Purchase Terms, including, but not limited to, any disputes
arising out of or related to the authenticity of the NFT or any
intellectual property rights associated with such NFT. The
Purchaser and Seller are entirely responsible for
communicating, promulgating, agreeing to, and enforcing
Purchase Terms, and for resolving any disputes arising from
any breach of any Purchase Terms. Seller must comply with
and fulfill the Purchase Terms with respect to any NFTs that it
sells. When you purchase an NFT through the Services, you
own all personal property rights to the electronic record that
comprises the NFT (i.e., the right to sell or otherwise dispose
of that NFT). Unless expressly specified in the Purchase
Terms, such rights, however, do not include the ownership of
the intellectual property rights in any NFT Content.
vii. Costs and Fees.
Transactions on the FandollarNFT Platform
may be subject to fees that LBR collects to support the NFT
creators and FandollarNFT Platform, as posted on the Site or
otherwise set forth in these Terms. “Revenue” means the
gross amount paid by the Purchaser of a sale of your NFT on
the FandollarNFT Platform. You further agree to pay all other
applicable fees, including Gas Fees and hosting fees, and
you authorize LBR to automatically charge you for any such
fees or deduct such fees (including the Transaction Fee)
directly from the amounts paid by the Purchaser or the
amount received by Seller, at our discretion. The payments
made to Creators do not include any Taxes (as defined
below), and LBR shall have no responsibility for payment of
such Taxes regardless of the taxing authority. Each party
shall be responsible for all Taxes imposed on its income or
property. Sellers or Purchasers, as applicable, will be
responsible for paying all such fees, Taxes, and Gas fees. In
addition, interactions with the Blockchain may also result in
transaction fees or Gas Fees (as defined below) imposed by
the Blockchain, which are also solely your responsibility. “Gas
fees” mean fees that fund the network of computers that run
decentralized blockchain networks, meaning that you will
need to pay a Gas Fee for each transaction that occurs via a
blockchain network.
viii. Revenue Share and Fees.
If you are a Seller, will receive
Revenue less the Transaction Fee for each initial sale of your
NFT on the FandollarNFT Platform. “Transaction Fee” means
the percentage of the Revenue generated from the sale of an
NFT that is listed on the listing interface, as agreed by You,
when determining to list your NFT for sale. The Transaction
Fee may be, but is not required to be, the sale percentage for
all sales of NFT and may be changed from time to time prior
to being agreed to on the listing interface with respect to.
q. Terms Applicable to Creators.
If you are using the Services to create and
deploy NFTs or other digital assets, you are a “Creator” and agree to the
following additional terms:
vi.
Royalties. If you are a Creator, in each sale by other Sellers
following your initial sale of your NFT, you may receive the
percentage of Revenue with respect to each such sale set
forth in the applicable field of the NFT at the time of creation
(“Artist Royalty Fee”).
vii.
NFT Content.
As between LBR and you, you shall continue to
exclusively own all right, title and interest in and to the digital
art embodied in the NFTs and any name, likeness, image,
signature, voice and other identifiable characteristics included
in the digital art embodied in the NFTs, creative assets you
provide to LBR, and your name, logos and trademarks, and
all intellectual property rights in the foregoing (collectively, the
“NFT Content”). Notwithstanding the foregoing, you grant to
LBR a perpetual, irrevocable, worldwide, non-exclusive,
royalty-free, fully paid-up, license, with the right to sublicense
through multiple tiers, to use NFT Content for the purpose of
performing LBR’s obligations under these Terms, including
hosting the NFT Content and listing, marketing and
facilitating the sale of the NFTs, and marketing or promoting
the Services.
viii. Creator Obligations and Perks.
You shall obtain all rights to
the NFT Content in connection with the use thereof by LBR
as contemplated in these Terms, and the awarding and
administration of the benefits that you sell or list in connection
with the sale of your NFT, as applicable, including, but not
limited to: (i) clearing and obtaining any rights in connection
with the NFT Content, including any music performance
rights and payment of royalties to any performing rights
organizations; (ii) acquiring any services or materials needed
in connection with the NFTs and benefits offered to
Purchasers; and (iii) the costs and compliance for the
benefits, including as specified in the Purchase Terms.
ix. Promotions Tool.
The Services may enable you to administer
a promotion (e.g., a contest or sweepstakes) (a “Promotion”)
through the use of a promotions tool (a “Promotions Tool”).
By using a Promotions Tool, you (a) agree to fully release
LBR from any liability in connection with the promotion, and
(b) acknowledge and agree that a Promotion is not in any
way sponsored, endorsed, or administered by LBR unless
agreed to in writing by you and LBR.
3. Administration of Promotion.
If you use a
Promotions Tool to administer a promotion, you
are responsible for the lawful operation of that
promotion, including: the official rules; offer
terms and eligibility requirements (e.g., age and
residency restrictions); and compliance with
applicable rules (e.g. terms and conditions of
any platform on which a Promotion may be
advertised, restrictions on any prizes, etc.) and
regulations governing the Promotion and all
prizes offered (e.g., registration, bonding, and
obtaining necessary regulatory approvals). You
further represent and warrant to LBR that a
Promotion administered through a Promotion
Tools will be conducted in compliance with all
applicable laws, rules, and regulations.
4. Required Content.
In using the Promotion Tool
to administer a Promotion, you represent and
warrant that you will provide official rules to the
participants of such Promotions, and you further
represent and warrant that the official rules for
any such Promotion administered through the
Promotion Tool will include the following
provisions:
x. This promotion is not sponsored by Longbridge Research
("LBR"). You acknowledge and agree that LBR is not
responsible for the administration or fulfillment of this
promotion.
3. No Assistance.
Unless agreed to in writing by
you and LBR, we will not assist you in the
administration of your Promotion, and you
agree that if you use the Promotions Tool to
administer your Promotion, you do so at your
own risk.
xi. Warranties.
You represent and warrant to LBR that (i) you
have the full right, power and authority to grant the rights
granted or agreed to be granted hereunder, including, but not
limited to, fully cleared permissions, consents, rights and
licenses to the NFT Content in these Terms; (ii) the NFT
Content, the NFTs, and the listing and sale contemplated by
these Terms, complies with all, and do not and will not violate
any applicable law, statute, rule, or regulation, will be
performed in accordance with the intended specifications and
without material error, and will be delivered free and clear of
any claims, liens or rights of third parties; (iii) the NFT
Content and LBR’s use thereof in accordance with these
Terms does not and will not infringe any intellectual property
rights of any third party or any right of privacy or publicity, or
contain any libelous, defamatory, obscene or unlawful
material, or otherwise violate or infringe any other right of any
third party; (iv) you will fulfill your obligations under any terms
with a Purchaser of the NFTs, as applicable; (v) any
advertising or promotion of the NFTs by you or on your behalf
will not constitute false, deceptive or unfair advertising or
disparagement under any applicable laws and will not
suggest a likely increase in value of the NFTs; and (vi) you
will not use the proceeds retained from sales of the NFT,
whether through the FandollarNFT Platform or any other
platform for capital raising purposes.
r. Terms Applicable to the Software.
Use of the Software is governed by
these Terms. LBR delivers the Software via download and we will not
provide you with any tangible copy of the Software. Subject to your
compliance with the Terms, LBR grants you a non-assignable,
non-transferable, non-sublicensable, revocable, and non-exclusive license
to use the Software on computers or mobile devices you own or control
solely for your personal or internal business purposes. Because the
Software is locally installed, you are responsible for the security of the
device on which it is installed, including ensuring that you keep anti-virus
software current and otherwise protect the device on which the Software is
installed against malware. You are responsible for securely maintaining
any passwords or secret phrases that relate to your use of the Software.
You acknowledge that certain methods of securing a secret recovery
phrase, such as storing it as a digital file on your personal device or on a
cloud storage provider, may increase the risk that your account or secret
recovery phrase will be compromised. You further acknowledge that LBR is
not responsible for any theft of a secret recovery phrase, or loss or
damages – including loss of funds or lockout from accounts accessed via
the Software – resulting from your failure to keep the device on which the
Software is installed safe and free of any malware. LBR may not be able to
recover passwords or unlock account information stored on the Software,
including if the Software is compromised by malware on your computer,
and it is your sole responsibility to take all reasonable precautions to
secure and backup your copy of the Software and the information stored
on it.
s. Updates.
The Software and Services are evolving and you may be
required to accept or install updates to the Software or Services, or update
third-party software (i.e., browsers or OS) in order to keep using the
Software or Services or access their latest features, including security
updates. We may update the Software and Services at any time, without
providing notice. It is your responsibility to ensure that you are using the
most recent version of the Software at all times.
t. Price Alerts.
By using a price alerts feature, you agree that price alerts are
for informational purposes only. Price alerts may be delayed, limited or
inaccurate and may not cover all assets. LBR is not responsible for any
customer losses caused by price alerts.
u. Terms Applicable to the Rewards Program.
LBR offers a cross chain
rewards program to users of the Services (the “Rewards Program”). The
Rewards Program is offered at our sole discretion. These terms, as well as
rules, conditions, benefits or digital representations of your membership
and participation in the Rewards Program (“Rewards”) may be modified at
any time by LBR with or without notice. Such changes may affect
previously earned Rewards.
vi. Eligibility and Enrollment.
The Rewards Program is open to
individuals who are eligible or choose to use the Services.
The Rewards Program is intended for personal use only.
Commercial use is prohibited. To enroll in the Rewards
Program and begin accumulating Rewards, participants can
begin by connecting their wallet and following the prompts on
magiceden.io in relation to the Rewards Program. You may
be required to provide an email address, wallet information or
other details in order to receive certain Rewards.
vii. How to Earn Rewards.
You may accumulate Rewards for any
qualifying transaction made on and after your date of
enrollment in the Rewards Program. The number and type of
Rewards you can earn will be dependent on a particular
promotion, action or other experience in connection with the
Services. We reserve the right to retroactively award
Rewards not meeting these conditions at our sole discretion.
Rewards may be subject to additional terms, conditions,
restrictions or limitations, which may be disclosed in
conjunction with the opportunity to earn or redeem the
Rewards, and such terms may be added to these Rewards
Terms from time to time.
viii. Tracking Rewards.
Rewards Program participants can view
and track qualifying transactions and available Rewards by
connecting their wallet and logging into their account on
magiceden.io. We reserve the right to change the number of
Rewards required to redeem certain benefits at our sole
discretion at any time. Rewards may expire in accordance
with the details set out in the Rewards Program.
ix. Using your Rewards and Special Offers.
We may from time to
time at our sole discretion make available to participants in
the Rewards Program the opportunity to earn, use or redeem
Rewards through special offers, challenges, bonuses, or
other promotions. The terms and conditions applicable to any
such special offers, challenges, bonuses or other promotions
will be determined by us at our sole discretion and
communicated to participants in conjunction with any such
offers in connection with the Services. Because any terms
and conditions associated with any special offers, challenges,
bonuses or other promotions, whether under the Rewards
Program or as part of standalone promotion or product
offering, may be different from or in addition to provisions of
these Terms, you should read any such special offer terms
and conditions carefully before participating in any special
offer.
x. Limitations, Restrictions, and Other Terms.
LBR’s
determinations of participant eligibility or any questions or
disputes arising under the Rewards Program shall be final
and binding and not subject to challenge or appeal. Other
than as set forth in the Dispute Resolution section of these
Terms, nothing will limit LBR from exercising any legal or
equitable rights or remedies that it may have. Without notice
to you, LBR reserves the right to suspend and/or terminate
any aspect of the Rewards Program and/or your participation
in the Rewards Program if we determine at our sole
discretion that you have violated these Terms, or that the use
of the Rewards Program is unauthorized, deceptive,
fraudulent, unlawful, or intentionally subverts the purposes of
these Terms. In the event that your participation in the
Rewards Program is terminated, then all accumulated
Rewards may be voided at our discretion. There are no
membership fees associated with the Rewards Program,
although use of online services in conjunction with
participation in the Rewards Program may result in data
charges, internet access fees or similar expenses.
v.
LBR reserves the right to modify, amend or revise the Rewards that are
made available. The number of Rewards required for redemption may be
increased, any prize may be withdrawn, and restrictions on any prize or its
redemption may be imposed by LBR. LBR is not responsible for any
problems or technical malfunction of any telephone network or lines,
computer online systems including blockchain systems, servers, or
providers, computer equipment, software, failure of any e-mail as a result
of technical problems or traffic congestion on the Internet or at any website,
or any combination thereof, including, without limitation, any resulting error
in computing qualifying transactions or any unavailability of Rewards, or
any injury or damage to any participant's or any other person's computer or
mobile device related to or resulting from participation in the Rewards
Program. If, for any reason, the Rewards Program is not capable of
running as planned, including due to errors of any kind or nature, infection
by computer virus, bugs, tampering, unauthorized intervention, fraud,
technical failures, or any other causes beyond the control of LBR which
corrupt or affect the administration, security, fairness, integrity or proper
conduct of the Rewards Program, LBR reserves the right at its sole
discretion to cancel, terminate, modify, or suspend the Rewards Program
or otherwise respond to the circumstances as we deem appropriate.
vi. Changes to the Rewards Program.
LBR reserves the right to
change, update and/or discontinue, in whole or in part, either
temporarily or permanently, the Rewards Program or any
portion of the Rewards Program, all or any portion of these
Terms, and/or any policy, FAQ, guidelines or disclosures
pertaining to the Rewards Program, at any time at its sole
discretion and without advance notice to you or any other
participants. Unless otherwise specified, any changes or
modifications will be effective immediately upon posting
revisions to our Terms, and you waive any right you may
have to receive specific notice of such changes or
modifications. If you continue to participate in the Rewards
Program by earning Rewards and redeeming your Rewards,
or otherwise participating in the Rewards Program in any way
after a change to these Terms, you will be deemed to have
read, understood and unconditionally consented and agreed
to such changes. LBR will not be liable to you in the event of
any modification, suspension or discontinuance of the
Rewards Program.
vii. Taxes. You are solely responsible for all costs incurred by you
in using the Services and determining, collecting, reporting
and paying all applicable Taxes. As used herein, “Taxes”
means the taxes, duties, levies, tariffs, and other
governmental charges that you may be required by law to
collect and remit to governmental agencies, other similar
withholdings, and personal or corporate income taxes. You
are solely responsible for maintaining all relevant Tax records
and complying with any reporting requirements you may have
as related to the Services. You are further solely responsible
for independently maintaining the accuracy of any record
submitted to any tax authority including any information
derived from the Services. We reserve the right to report any
activity occurring using the Services to relevant tax
authorities as required under applicable law.
viii. Suspension or Termination.
We may suspend or terminate
your access to the Services at any time in connection with
any transaction as required by applicable law, any
governmental authority, or if we at our sole and reasonable
discretion determine you are violating these Terms or the
terms of any third-party service provider. Such suspension or
termination shall not constitute a breach of these Terms by
LBR. In accordance with our anti-money laundering,
anti-terrorism, anti-proliferation financing, anti-fraud,
sanctions and other compliance policies and practices, we
may impose reasonable limitations and controls on the ability
of you or any beneficiary to utilize the Services. Such
limitations may include where good cause exists, rejecting
transaction requests, freezing funds, or otherwise restricting
you from using the Services.
5. Feedback. We appreciate feedback, comments, ideas, proposals and suggestions for
improvements to the Services (“Feedback”). If you choose to submit Feedback, you
agree that we are free to use it without any restriction or compensation to you.
6. Your Content.
m. Posting Content.
The Services may allow you to store or share content
such as text (in posts or communications with others), files, documents,
graphics, images, music, software, audio and video. Anything (other than
Feedback) that you post or otherwise make available through the Services
is referred to as “User Content”. User Content may include NFT Content.
LBR does not claim any ownership rights in any User Content and nothing
in these Terms will be deemed to restrict any rights that you may have to
your User Content.
n. Permissions to Your User Content.
By making any User Content available
through the Services, you hereby grant to LBR a non-exclusive,
transferable, worldwide, royalty-free license, with the right to sublicense, to
use, copy, modify, create derivative works based upon, distribute, publicly
display, and publicly perform your User Content in connection with
operating and providing the Services.
o. Your Responsibility for User Content.
You are solely responsible for all your
User Content. You represent and warrant that you have (and will have) all
rights that are necessary to grant us the license rights in your User Content
under these Terms. You represent and warrant that neither your User
Content, nor your use and provision of your User Content to be made
available through the Services, nor any use of your User Content by LBR
on or through the Services will infringe, misappropriate or violate a third
party’s intellectual property rights, or rights of publicity or privacy, or result
in the violation of any applicable law or regulation.
p. Removal of User Content.
You can remove certain of your User Content by
specifically deleting it. You should know that in certain instances, some of
your User Content (such as posts or comments you make, or your NFT
Content) may not be completely removed and copies of your User Content
may continue to exist on the Services or NFT. To the maximum extent
permitted by law, we are not responsible or liable for the removal or
deletion of (or the failure to remove or delete) any of your User Content.
q. LBR’s Intellectual Property.
We may make available through the Services
content that is subject to intellectual property rights. We retain all rights to
that content.
7. Rights and Terms for Apps.
App License.
If you comply with these Terms, LBR grants to you a limited non-exclusive,
non-transferable license, with no right to sublicense, to download and install Apps on
your personal computers, mobile handsets, tablets, wearable devices, and/or other
devices and to run Apps solely for your own personal non-commercial purposes. Except
as expressly permitted in these Terms, you may not: (i) copy, modify or create derivative
works based on the Apps; (ii) distribute, transfer, sublicense, lease, lend or rent the Apps
to any third party; (iii) reverse engineer, decompile or disassemble the Apps (unless
applicable law permits, despite this limitation); or (iv) make the functionality of the App
available to multiple users through any means.
8. Acceptable Use Policy and LBR’ Enforcement Rights.
You agree not to do any of the
following:
m. Post, upload, publish, submit or transmit any User Content that: (i)
infringes, misappropriates or violates a third party’s patent, copyright,
trademark, trade secret, moral rights or other intellectual property rights, or
rights of publicity or privacy; (ii) violates, or encourages any conduct that
would violate, any applicable law or regulation or would give rise to civil
liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory,
obscene, pornographic, vulgar or offensive; (v) promotes discrimination,
bigotry, racism, hatred, harassment or harm against any individual or
group; (vi) is violent or threatening or promotes violence or actions that are
threatening to any person or entity; or (vii) promotes illegal or harmful
activities or substances;
n. Use, display, mirror or frame the Services or any individual element within
the Services, LBR’s name, any LBR trademark, logo or other proprietary
information, or the layout and design of any page or form contained on a
page, without LBR’s express written consent;
o. Access, tamper with, or use non-public areas of the Services, LBR’s
computer systems, or the technical delivery systems of LBR’s providers;
p. Attempt to probe, scan or test the vulnerability of any LBR system or
network or breach any security or authentication measures;
q. Avoid, bypass, remove, deactivate, impair, descramble or otherwise
circumvent any technological measure implemented by LBR or any of
LBR’s providers or any other third party (including another user) to protect
the Services;
r. Attempt to access or search the Services or download content from the
Services using any engine, software, tool, agent, device or mechanism
(including spiders, robots, crawlers, data mining tools or the like) other than
the software and/or search agents provided by LBR or other generally
available third-party web browsers;
s. Send any unsolicited or unauthorized advertising, promotional materials,
email, junk mail, spam, chain letters or other form of solicitation;
t. Use the Services, or any portion thereof, for any commercial purpose or for
the benefit of any third party or in any manner not permitted by these
Terms;
u. Forge any TCP/IP packet header or any part of the header information in
any email or newsgroup posting, or in any way use the Services to send
altered, deceptive or false source-identifying information;
v. Attempt to decipher, decompile, disassemble or reverse engineer any of
the software used to provide the Services;
w. Interfere with, or attempt to interfere with, the access of any user, host or
network, including, without limitation, sending a virus, overloading,
flooding, spamming, or mail-bombing the Services;
9. 12.Collect or store any personally identifiable information from the Services from other
users of the Services without their express permission;
m. Impersonate or misrepresent your affiliation with any person or entity;
n. Create or list counterfeit items (including any NFTs);
o. Engage or assist in any activity that violates any law, statute, ordinance,
regulation, or sanctions program, including but not limited to sanctions lists
maintained by the United Nations, United Kingdom (as extended to the
Cayman Islands by Orders in Council) or the Cayman Islands, or that
involves proceeds of any unlawful activity (including but not limited to
money laundering, terrorist financing, proliferation financing or deliberately
engaging in activities designed to adversely affect the performance of the
Services);
p. Engage in wash trading, front running, pump and dump trading, ramping,
cornering, or other deceptive or manipulative trading activities, including
but not limited to: (i) trading an NFT at successively lower or higher prices
for the purpose of creating or inducing a false, misleading or artificial
appearance of activity in such NFT; (ii) unduly or improperly influencing the
market price for such NFT or establishing a price which does not reflect the
true state of the market in such NFT; (iii) executing or causing the
execution of any transaction in an NFT which involves no material change
in the beneficial ownership thereof; and (iv) participating in, facilitating,
assisting or knowingly transacting with any pool, syndicate or joint account
organized for the purpose of unfairly or deceptively influencing the market
price of an NFT.
q. Use the Services to participate in fundraising for a business, protocol, or
platform, including but not limited to creating, listing, or buying assets that
are redeemable for financial instruments, assets that give owners the rights
to participate in any securities offering, or assets that entitle owners to
financial rewards, including but not limited to, DeFi (or decentralized
finance) yield bonuses, staking bonuses, and burn discounts;
r. Fabricate in any way any transaction or process related thereto;
s. Place misleading bids or offers;
t. Disguise or interfere in any way with the IP address of the computer you
are using to access or use the Services or that otherwise prevents us from
correctly identifying the IP address of the computer you are using to access
the Services;
u. Transmit, exchange, or otherwise support the direct or indirect proceeds of
criminal or fraudulent conduct or activity;
v. Violate any applicable law or regulation; or
w. Encourage or enable any other individual to do any of the foregoing.
LBR is not obligated to monitor access to or use of the Services or to review or edit any content.
However, we have the right to do so for the purpose of operating the Services, to ensure
compliance with these Terms and to comply with applicable law or other legal requirements. We
reserve the right, but are not obligated, to remove or disable access to any content, including
User Content, at any time and without notice, including, but not limited to, if we, at our sole
discretion, consider it objectionable or in violation of these Terms. We have the right to
investigate violations of these Terms or conduct that affects the Services. We may also consult
and cooperate with law enforcement authorities to prosecute users who violate the law. The sale
of stolen assets, assets taken without authorization, and otherwise illegally obtained assets on
the Service is prohibited. If you have reason to believe that an asset listed on the Service was
illegally obtained, please contact us immediately. Listing illegally obtained assets may result in
your listings being canceled, your assets being hidden, or you being suspended from the
Services.
10. Copyright Policy.
LBR respects copyright law and expects its users to do the same. It is
LBR’s policy to terminate in appropriate circumstances users who repeatedly infringe or
are believed to be repeatedly infringing the rights of copyright holders.
11. Links to Third Party Websites or Resources.
The Services (including the Apps) may
allow you to access third-party websites or other resources. We provide access only as a
convenience and are not responsible for the content, products or services on or
available from those resources, websites, or links displayed on such resources or
websites. You acknowledge sole responsibility for and assume all risk arising from your
use of any third-party resources or websites.
12. Termination.
Notwithstanding anything contained in these Terms, we may suspend,
modify or terminate your access to and use of the Services and the applicability of these
Terms at our sole discretion, at any time and without notice to you. You may disconnect
your digital wallet at any time. You acknowledge and agree that we 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 any third party, to the fullest extent
permitted by applicable law. Upon any termination, discontinuation or cancellation of the
Services, the following Sections will survive: 5(d)(ii) and 5(e)(i) (only for payments due
and owing to LBR prior to the termination), 7(b), 7(c), 7(e), 9, 12, 13, 15, 16, 17, 18 and
19.
13. Warranty Disclaimers.
THE SERVICES, INCLUDING THE SOFTWARE, PROMOTIONS
TOOL, ANY CONTENT CONTAINED THEREIN, AND ANY NFTS (INCLUDING
ASSOCIATED NFT CONTENT) LISTED THEREIN ARE PROVIDED ON AN “AS IS”
AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY
KIND, EITHER EXPRESS OR IMPLIED. LBR (AND ITS SUPPLIERS) MAKE NO
WARRANTY THAT THE SERVICES: (I) WILL MEET YOUR REQUIREMENTS; (II) WILL
BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE
BASIS; OR (III) WILL BE ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE.
LBR DISCLAIMS ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR
IMPLIED, INCLUDING, WITHOUT LIMITATION, INCLUDING ANY IMPLIED
WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
QUIET ENJOYMENT OR NON-INFRINGEMENT, TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, AS TO THE SERVICES, ANY CONTENT
CONTAINED THEREIN AND ANY NFTS LISTED THEREIN.
WE FURTHER EXPRESSLY DISCLAIM ALL LIABILITY OR RESPONSIBILITY IN
CONNECTION WITH THIRD PARTY SERVICES. NOTHING HEREIN NOR ANY USE OF THE
SERVICES IN CONNECTION WITH THIRD PARTY SERVICES CONSTITUTES OUR
ENDORSEMENT, RECOMMENDATION OR ANY OTHER AFFILIATION OF OR WITH ANY
THIRD PARTY SERVICES.
LBR DOES NOT REPRESENT OR WARRANT THAT ANY CONTENT ON THE SERVICES IS
ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. 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 SERVICES. WHILE LBR
ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE SERVICES AND ANY
CONTENT THEREIN SAFE, LBR CANNOT AND DOES NOT REPRESENT OR WARRANT
THAT THE SERVICES, ANY CONTENT THEREIN, ANY NFTS LISTED THEREIN, 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.
LBR WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS AND TAKES NO
RESPONSIBILITY FOR, AND WILL NOT BE LIABLE TO YOU FOR, ANY USE OF THE
SERVICES, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS
ARISING FROM: (I) USER ERROR SUCH AS FORGOTTEN PASSWORDS, INCORRECTLY
CONSTRUCTED TRANSACTIONS, OR MISTYPED WALLET ADDRESSES; (II) SERVER
FAILURE OR DATA LOSS; (III) BLOCKCHAIN NETWORKS, CRYPTOCURRENCY WALLETS
OR CORRUPT FILES; (IV) UNAUTHORIZED ACCESS TO SERVICES; OR (V) ANY THIRD
PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION THE USE OF VIRUSES, PHISHING,
BRUTEFORCING OR OTHER MEANS OF ATTACK.
1. NFTS ARE INTANGIBLE DIGITAL ASSETS.
THEY EXIST ONLY BY VIRTUE OF THE
OWNERSHIP RECORD MAINTAINED IN THE APPLICABLE BLOCKCHAIN
NETWORK. ANY TRANSFER OF TITLE THAT MIGHT OCCUR IN ANY UNIQUE
DIGITAL ASSET OCCURS ON THE DECENTRALIZED LEDGER WITHIN SUCH
BLOCKCHAIN NETWORK. WE DO NOT GUARANTEE THAT WE CAN AFFECT THE
TRANSFER OF TITLE OR RIGHT IN ANY NFTS OR OTHER DIGITAL ASSETS, OR
THAT ANY ASSOCIATED PAYMENT WILL BE SUCCESSFUL.
2. YOU BEAR FULL RESPONSIBILITY FOR VERIFYING THE IDENTITY, LEGITIMACY,
AND AUTHENTICITY OF ASSETS YOU PURCHASE THROUGH THE SERVICES.
NOTWITHSTANDING INDICATORS AND MESSAGES THAT SUGGEST
VERIFICATION, LBR MAKES NO CLAIMS ABOUT THE IDENTITY, LEGITIMACY, OR
AUTHENTICITY OF ASSETS ON THE SERVICES.
THE SERVICES MAY NOT BE AVAILABLE DUE TO ANY NUMBER OF FACTORS
INCLUDING, BUT NOT LIMITED TO, PERIODIC SYSTEM MAINTENANCE, SCHEDULED OR
UNSCHEDULED, ACTS OF GOD, UNAUTHORIZED ACCESS, VIRUSES, DENIAL OF
SERVICE OR OTHER ATTACKS, TECHNICAL FAILURE OF THE SERVICES AND/OR
TELECOMMUNICATIONS INFRASTRUCTURE OR DISRUPTION, AND THEREFORE WE
EXPRESSLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY REGARDING THE USE
AND/OR AVAILABILITY, ACCESSIBILITY, SECURITY OR PERFORMANCE OF THE
SERVICES CAUSED BY SUCH FACTORS. WE DO NOT MAKE ANY REPRESENTATIONS
OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE
TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS OR OTHER DATA.
SOME JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OF CERTAIN
WARRANTIES. ACCORDINGLY, SOME OF
THE ABOVE DISCLAIMERS OF
WARRANTIES MAY NOT APPLY TO YOU.
14. Assumption of Risk. You accept and acknowledge:
b. The prices and liquidity of cryptocurrency assets (including any NFTs) are
extremely volatile. Fluctuations in the price of other digital assets could
materially and adversely affect the NFTs made available through the
Services, which may also be subject to significant price volatility. We
cannot guarantee that any Purchasers of NFTs will not lose money.
c. You are solely responsible for determining what, if any, Taxes apply to your
transactions through the Services. Neither LBR nor any LBR affiliates are
responsible for determining the Taxes that apply to such transactions.
d. Any transfer of cryptocurrency assets occurs within the supporting
Blockchain and not on the Services. Transactions in NFTs may be
irreversible, and, accordingly, losses due to fraudulent or accidental
transactions may not be recoverable. Some transactions in NFTs shall be
deemed to be made when recorded on a public ledger, which is not
necessarily the date or time that you initiated the transaction.
e. 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 LBR will not be responsible for any
communication failures, disruptions, errors, distortions or delays you may
experience when using the Services for transactions, however caused.
f. A lack of use or public interest in the creation and development of
distributed ecosystems could negatively impact the development of those
ecosystems and related applications, and could therefore also negatively
impact the potential utility or value of a certain NFT.
g. The regulatory regime governing blockchain technologies,
cryptocurrencies, and tokens is uncertain, and new regulations or policies
may materially adversely affect the development of the Services and the
utility of NFTs.
h. The Services may rely on third-party platforms to perform transactions with
respect to any cryptocurrency assets. If we are unable to maintain a good
relationship with such platform providers; if the terms and conditions or
pricing of such platform providers change; if we violate or cannot comply
with the terms and conditions of such platforms; or if any of such platforms
loses market share or falls out of favor or is unavailable for a prolonged
period of time, access to and use of the Service will suffer.
i. There are risks associated with purchasing user generated content,
including but not limited to, the risk of purchasing counterfeit assets,
mislabeled assets, assets that are vulnerable to metadata decay, assets on
smart contracts with bugs, and assets that may become untransferable.
LBR reserves the right to hide collections, contracts, and assets affected
by any of these issues or by other issues. Assets you purchase may
become inaccessible on LBR. Under no circumstances shall the inability to
view or access your assets on LBR serve as grounds for a claim against
LBR.
j. By accessing and using the Services, you represent to LBR that you
understand the inherent risks associated with using cryptographic and
blockchain-based systems, and that you have a working knowledge of
digital assets. Such systems may have vulnerabilities or other failures, or
other abnormal behavior. LBR is not responsible for any issues with the
Blockchains or other blockchain-based networks, including forks, technical
node issues or any other issues having fund, NFT, or Rewards losses as a
result. You acknowledge that the cost and speed of transacting with
cryptographic and blockchain-based systems are variable and may
increase at any time. You further acknowledge the risk that your digital
assets may lose some or all of their value while they are supplied to or
from the Services. You further acknowledge that we are not responsible for
any of these variables or risks and cannot be held liable for any resulting
losses that you experience while accessing Services. Accordingly, you
understand and agree to assume full responsibility for all of the risks of
accessing and using and interacting with the Services.
15. Indemnity.
b. You will indemnify and hold LBR and its officers, directors, employees and
agents, harmless from and against any and all claims, disputes, demands,
liabilities, damages, losses, and costs and expenses (including, without
limitation, reasonable legal and accounting fees) arising out of or in any
way connected with (a) your access to or use of the Services, (b) your NFT
Content, or (c) your violation of these Terms. You may not settle or
otherwise compromise any claim subject to this Section without LBR’s prior
written approval.
c. You will indemnify and hold harmless LBR and its officers, directors,
employees and agents, from and against any claims, disputes, demands,
liabilities, damages, losses, and costs and expenses, including, without
limitation, reasonable legal and accounting fees arising out of or in any way
connected with your breach of your representations and warranties from
Section 5(e)(v).
16. Limitation of Liability.
b. TO THE MAXIMUM EXTENT PERMITTED BY LAW, LBR SHALL NOT BE
LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR
CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS,
LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY,
LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION,
COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF
SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN
CONNECTION WITH THESE TERMS OR FROM THE USE OF OR
INABILITY TO USE THE SERVICES, WHETHER BASED ON
WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE),
PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND
WHETHER OR NOT LBR OR ITS SERVICE PROVIDERS HAVE BEEN
INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
c. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL
THE AGGREGATE LIABILITY OF LBR AND ITS AGENTS,
REPRESENTATIVES, AND AFFILIATES ARISING OUT OF OR IN
CONNECTION WITH THESE TERMS OR FROM THE USE OF OR
INABILITY TO USE THE SERVICES EXCEED THE AMOUNTS YOU
HAVE PAID OR ARE PAYABLE BY YOUFOR USE OF THE SERVICES
OR ONE HUNDRED U.S. DOLLARS (US$100), IF YOU HAVE NOT HAD
ANY PAYMENT OBLIGATIONS TO LBR, AS APPLICABLE.
17. Governing Law and Forum Choice.
These Terms and any action related thereto will be
governed by and construed in accordance with the laws of the Cayman Islands, without
regard to or application of conflict of law rules or principles. Except as otherwise
expressly set forth in Section 18 “Dispute Resolution,” the exclusive jurisdiction for all
Disputes (defined below) that you and LBR are not required to arbitrate will be in the
courts located in the Cayman Islands, and you and LBR each waive any objection to
jurisdiction and venue in such courts.
18. Dispute Resolution.
b. Informal Resolution of Disputes. You and LBR must first attempt in good
faith to resolve any dispute, claim or controversy arising out of or relating to
these Terms or the breach, termination, enforcement, interpretation or
validity thereof or the use of the Services (collectively, “Disputes”)
informally. Accordingly, neither you nor LBR may start a formal arbitration
proceeding or file a claim in court for at least sixty (60) days after one party
notifies the other party of a claim in writing (the “Informal Dispute
Resolution Period”).
19.
As part of this informal resolution process, you must deliver your written notices via hand
or courier service to us at Longbridge Research, Walkers Corporate Limited, 190 Elgin
Avenue, George Town, KY1-9008, Cayman Islands (the “Notice of Claim”). The Notice of
Claim shall include both the mailing address and email address you would like LBR to
use to contact you. If LBR elects to send you a Notice of Claim, it will send, by registered
mail, a written Notice of Claim to your address on file. A Notice of Claim, whether sent by
you or by LBR, must (a) describe in full the nature and basis of the claim or dispute; and
(b) set forth the specific amount of damages or other relief sought.
b. Small Claims; Mandatory Arbitration of Disputes. You and LBR agree that
any Dispute will be resolved solely by binding, individual arbitration or as
provided below in the Summary Court of the Cayman Islands, and not in a
class, representative or consolidated action or proceeding. YOU AND LBR
ARE EACH WAIVING THE RIGHT PARTICIPATE IN A CLASS ACTION. If
a Dispute qualifies for the Summary Court, but a party commences an
arbitration proceeding, you and LBR agree that either party may elect
instead to have the Dispute resolved in the Summary Court, and upon
written notice of a party’s election, the Cayman International Mediation and
Arbitration Centre (“CIMAC”) will administratively close the arbitration
proceeding. Any dispute about whether a Dispute qualifies for the
Summary Court shall be resolved by that court, not by an arbitrator. In the
event of any such dispute, the arbitration proceeding shall remain closed
unless and until a decision by the Summary Court that the Dispute should
proceed in arbitration. This arbitration provision shall survive termination of
these Terms.
20. c. Exceptions.
Notwithstanding the above and below, each party retains the right to seek
injunctive or other equitable relief from a court in any jurisdiction to prevent (or enjoin)
the infringement or misappropriation of that party’s intellectual property rights. d.
Conducting Arbitration and Arbitration Rules. Any dispute, controversy, difference or
claim arising out of or relating to this Agreement, including the existence, validity,
interpretation, performance, breach or termination thereof or any dispute regarding
non-contractual obligations arising out of or relating to it shall be referred to and finally
resolved by binding arbitration to be administered by CIMAC and governed by the
Arbitration Act (as amended) of the Cayman Islands. The arbitration shall be conducted
in the English language and the place of arbitration shall be in the Cayman Islands. The
number of arbitrators shall be one. The place of arbitration will be George Town, Cayman
Islands. The decision of the sole arbitrator to any such dispute, controversy, difference or
claim shall be final and binding upon both parties. If any litigation or arbitration is
necessary to enforce the terms of this Agreement, the prevailing party will be entitled to
have their attorney fees paid by the other party. Each party waives any right it may have
to assert the doctrine of forum non conveniens, to assert that it is not subject to the
jurisdiction of such arbitration or courts or to object to venue to the extent any
proceeding is brought in accordance herewith.
21. General Terms.
b. Reservation of Rights.
LBR and its licensors exclusively own all right, title
and interest in and to the Services, including all associated intellectual
property rights. You acknowledge that the Services are protected by
copyright, trademark, and other laws of the Cayman Islands and foreign
countries. You agree not to remove, alter or obscure any copyright,
trademark, service mark or other proprietary rights notices incorporated in
or accompanying the Services.
c. Disclosures.
You acknowledge and agree that there may be circumstances
that arise (including related to your purchase or selling activities on the
Site) which may create actual or potential conflicts of interests between
your interests and others’ interests, including the interests of other users,
counterparties, or LBR. LBR maintains a conflicts of interest policy to assist
its handling of any actual or potential conflicts of interests. If there are
circumstances where there is an actual or potential conflict of interest
between yourself and LBR, LBR will take reasonable steps to ensure you
are treated fairly. You acknowledge and agree that LBR and our affiliates
have discretion to maintain commercial relationships with third parties
(including liquidity providers or executing dealers). Such third parties may
transact with you on any purchase or sale activities by you, and LBR
and/or our affiliates may derive financial and other benefits from such
relationships.
d. Severability.
If an arbitrator or court of competent jurisdiction decides that
any part of these Terms is invalid or unenforceable, the other parts of these
Terms will still apply.
e. Entire Agreement.
These Terms constitute the entire and exclusive
understanding and agreement between LBR and you regarding the
Services, and these Terms supersede and replace all prior oral or written
understandings or agreements between LBR and you regarding the
Services. If any provision of these Terms is held invalid or unenforceable
by an arbitrator or a court of competent jurisdiction, that provision will be
enforced to the maximum extent permissible, and the other provisions of
these Terms will remain in full force and effect. Except where provided by
applicable law in your jurisdiction, you may not assign or transfer these
Terms, by operation of law or otherwise, without LBR’s prior written
consent. Any attempt by you to assign or transfer these Terms absent our
consent or your statutory right, without such consent, will be null. LBR may
freely assign or transfer these Terms without restriction. Subject to the
foregoing, these Terms will bind and inure to the benefit of the parties, their
successors and permitted assigns.
f. Notices.
Except as otherwise set forth in Section 18(a), any notices or
other communications provided by LBR under these Terms will be given: (i)
via email; or (ii) by posting to the Services. For notices made by email, the
date of receipt will be deemed the date on which such notice is transmitted.
g. Waiver of Rights.
LBR’s failure to enforce any right or provision of these
Terms will not be considered a waiver of such right or provision. The waiver
of any such right or provision will be effective only if in writing and signed
by a duly authorized representative of LBR. Except as expressly set forth in
these Terms, the exercise by either party of any of its remedies under
these Terms will be without prejudice to its other remedies under these
Terms or otherwise.
22. Contact Information.
If you have any questions about these Terms or the Services,
please contact LBR at support@fantasydollars.com
23. Data Protection.
Any personal data that we collect (or is collected by third parties on our
behalf) will be processed in accordance with the Cayman Islands Data Protection Act (as
amended). You agree that all personal data provided to us or third parties on our behalf,
is provided in accordance with applicable laws and regulations, including, without
limitation, those relating to privacy or the use of personal data. You acknowledge receipt
of our privacy notice and agree to promptly provide the privacy notice (or any updated
version thereof as may be provided from time to time) to each individual (such as any
individual directors, shareholders, beneficial owners, authorized signatories, trustees or
others) whose personal data the you provide to us or any of our affiliates or delegates.
24. NO VIRTUAL ASSET SERVICE.
YOU ACKNOWLEDGE AND AGREE THAT NFTS ARE
NOT "VIRTUAL ASSETS" AND THAT OUR PROVISION OF THE SERVICES DOES
NOT CONSTITUTE A "VIRTUAL ASSETS SERVICE", AS EACH TERM IS DEFINED
UNDER THE VIRTUAL ASSETS (SERVICE PROVIDERS) ACT OF THE CAYMAN
ISLANDS.
25. Not Registered with CIMA.
We are not licensed with, or registered by, the Cayman
Islands Monetary Authority as a virtual asset service provider, or in any other capacity.
You understand and acknowledge that we do not provide virtual asset services as
defined under the Virtual Asset (Service Providers) Act of the Cayman Islands.
26. Third Party Rights. Except as expressly provided in Section 15, a person who is not a
party to these Terms shall not have any rights under the Contracts (Rights of Third
Parties) Act (as amended) to enforce any term of these Terms. Notwithstanding any term
of these Terms, the consent of or notice to any person who is not a party to these Terms
shall not be required for any termination, rescission or agreement to any variation,
waiver, assignment, novation, release or settlement under these Terms at any time.