Terms of Use

Last Modified: December 24, 2021


Terms of Use is a legal agreement between you (referred to herein as "the User", “you” or "your") and NFT DOCK Platform (referred to herein as “the Site”, “the Company”, “we”, “us” or “our”).

Introduction

This is a legal agreement between you (referred to herein as "the User", “visitor”, “you” or "your") and NFT DOCK Platform (referred to herein as “the Company”, “we”, “website”, “platform”, “us” or “our”), the company who owns and operates the Platform and the Site. By using the Platform and the Site, you accept and agree to be bound by this Terms of Use, the Privacy Policy, Cookie Policy, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. Please read the Privacy Policy to find out how we collect, use, disclose, process and protect your personal data.

For avoidance of doubt, any and all terms, conditions, licences, limitations, and obligations contained within and on the Site are incorporated into these Terms of Use by reference. In the event of any inconsistency between these Terms of Use and any other pages or policies on the Site, these Terms of Use shall prevail. The information provided on the Site is not intended for distribution to or use by 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, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. You agree that by using the Platform, you have read, understood, and agreed to be bound by these Terms of Use. If you do not agree with these Terms of Use, then you are expressly prohibited from using the Site and you must discontinue use immediately.

It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Service by your continued use of the Site after the date such revised Terms and Service are posted.

Content on this Site may be available in multiple languages. In case of any conflict between different language versions of such content or any omission in any language version, the English version of such content shall prevail.

Definition and Interpretation

In these Terms of Use, the website itself and all documents incorporated herein by reference, the following words have the following meanings unless otherwise indicated:

  • "Platform" means the NFT DOCK Platform as a service, and all its features, both public and user-restricted.

  • "Site" means the Internet website of NFT DOCK specifically, accessible through the URL https://nftdock.io and all its sub-URLs and sub-domains.

  • "Tokens" means digital representations of virtual assets, used to purchase services on the platform (not for investment).

  • "Founder's NFT" means digital representation of blockchain collectible created specifically for Platform's prelaunch phase (not for investment).

  • "Founder's Pack" means a combination of two digital assets: Founder's NFT and 100 Tokens, for sale exclusively during the Platform's prelaunch phase (not for investment).

  • "Presale Terms" is an addition to the Terms of Use, dedicated specifically for the phase of launching the platform and selling Founder's packs. It is short explanation of sale process and related actions.

  • "Wallet" is your public Ethereum wallet address used to identify your account and log in on this platform.

User Representations "Warranties"

You can only use our Platform if permitted under the laws of your jurisdiction. Please make sure that these Terms are in compliance with all laws, rules, and regulations that apply to you. Representations and warranties are statements and promises made by you to the Site upon which we rely as being accurate in our dealings with you. By using the Platform, you represent and warrant to the Site that you meet all eligibility requirements that we outline in these Terms. We may still refuse to let certain people access or use the Platform, however, and we reserve the right to change our eligibility criteria at any time. You make the following representations and warranties to us at the time of entering into these Terms of Use and every time you use the Platform:

  1. you are at least eighteen (18) years old and be able to form legally binding contracts. Persons under the age of 18 are not permitted to use the Site

  2. you are of sound mind and have the capacity to enter into these Terms of Use

  3. all personal information that you provide about yourself is accurate and true to the best of your knowledge

  4. you have carefully considered the risks involved with using the Site and the Platform, and also the risks associated with blockchain technologies including but not limited to the possibility of losing all the tokens or NFTs you have

  5. if you are registering or accepting these Terms of Use on behalf of a legal entity such as a company, trust or partnership, you further represent and warrant that: (a) the legal entity is duly organized and validly existing under the applicable laws of the jurisdiction of its organization; and (b) you are duly authorized by such legal entity to act on its behalf

  6. you are not breaking any laws or regulations that are applicable to you or any company, trust or partnership upon whose instructions you are acting

  7. you will not use the Site or the Platform in order to disguise the proceeds of, or to further, any breach of applicable laws or regulations, or to deal in any contraband tokens or proceeds

  8. any trading or other instructions received or undertaken through your signature credentials are deemed to be valid, binding, and conclusive, and that the Site may act upon those instructions without any liability or responsibility attaching to it and

  9. your use of the Platform does not violate any laws or regulations applicable in your country of residence.

User Content

You agree not to create, post, or submit any material which is unlawful, harmful, abusive, vulgar, fraudulent, libelous, contains explicit or graphic descriptions or accounts of sexual acts, is invasive of another's privacy, is in violation of any International laws; victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy.

You agree not to post any copyrighted Content unless you create yourself or own the copyright or have written consent from the owner. You warrant that you own all right, title and interest worldwide in any Content submitted, including all intellectual property and moral rights therein.

You agree that we do not warrant, endorse, guarantee, or assume responsibility for any content or actions of our users. You acknowledge and confirm that you have carefully considered the risks upon using our platform. The Site shall have the right in its sole discretion, but no obligation, to monitor Content and other features of the Site to determine compliance with all Terms, edit, refuse to post or remove any Content, in whole or part, that does not comply with these Terms or is otherwise undesirable, inappropriate or inaccurate, at any time and for any reason with or without prior notice. We may block your Account at any time if (in our sole discretion) we think you have violated these Terms, or terminate any Platform creator account. You agree to immediately notify us of any unauthorized use of the Service, inappropriate content or actions, or other breach of security that you know or suspect.

Sale of Platform Services

You aknowledge that additional Ethereum network fees may apply when buying or transferring our Founder's packs or parts of it or Platform services in general. The final price of any of the services may change any time and is displayed at the time of transaction. Network fees are not included in the final price and shall always be paid by the user.

Users are responsible for ensuring that they are making transactions exactly as instructed by the Site (correct amount and wallet address). All transactions are final and no refunds or returns are available after the sale of digital goods.

Preliminary presale terms might change without prior notice, at any time, until the sale goes live.

Wallets

The external Ethereum wallet used to identify your user on the Platform is associated with certain types of Tokens and NFTs which are described in the Site. You confirm that you acknowledge and do not transfer to the wallet tokens that the wallet does not support or you may lose them.

You are solely responsible for maintaining the security of your private key and any mnemonic (backup) phrase associated with your external wallet. You must keep your wallet address, mnemonic (backup) phrase, and private key access information secure. Failure to do so may result in the loss of control of Tokens and NFTs associated with the wallet.

Tokens

Platform Tokens are designed to be used solely for ordering services on the Platform. These Tokens are not an investment instrument or a currency of any type and have no value outside the Platform.

Tokens can be transferred to other wllets (other Platform users) but are not allowed to be used for any purposes other than those available on this Platform.

Founder's NFTs

Platform Founder's NFTs collection is a collection of 10,000 unique digital assets which include a unique generated artwork and specific privileges tied to the holder of this asset, determined by the Ethereum wallet address. The privileges are described on the Platform user dashboard nd can change at any time at the Site's discretion.

NFTs can be transfered to other wallets and all privileges and ownership are transfered in full during such transaction.

Referral program

Referral program pays commissions from sales of Founder's packs and other Platform services. The final commission percentage is determined individually for each user, based on their level, actions and other criteria; and is displayed on the Platform user dashboard individually for each user. Referral rewards are tied to the Founder's NFTs and paid to the public Ethereum wallet adresseses that are holding them.

We reserve the right to alter or cancel the referral program at any time.

Tax Obligations

The users of the Platform are solely responsible to determine what, if any, taxes apply to their transactions. The Site does not provide any advice or guidance in relation to tax or otherwise. The Site is NOT responsible for determining the taxes that apply to your transactions. It is your responsibility to ensure that any tax liabilities which you incur are paid to the relevant taxation authority.

Intellectual Property Rights

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (collectively, the “Marks”) are owned or controlled by us or licensed to us. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site 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 Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.

Prohibited Activities

As a user of the Platform, we grant you a limited, personal, non-commercial, non-exclusive, nontransferable, and revocable license to use the Platform.

You may not:

  • use the Site or the Platform to disguise the proceeds of, or to further, any breach of applicable laws or regulations, or to deal in any contraband tokens, funds, or proceeds. This includes any local, provincial, state, federal, national, or international laws that may apply to you. You agree that you will not use the Platform to pay for, support, or otherwise engage in any illegal activities including, but not limited to, illegal gambling, fraud, money laundering, or terrorist activities. If we discover that you have violated this Agreement or other regulatory requirements by participating in money laundering or by financing terrorist activities, we will take proportional disciplinary action. You further agree not to encourage or induce any third party to engage in any of the activities prohibited under this Section.

  • use the Site and the Platform, with anything other than funds, keys, or tokens that have been legally obtained by you and that belong to you

  • use the Site or the Platform to interfere with or subvert the rights or obligations of the Site or the rights or obligations of any other Site user or any other third party without authorization or use the Platform in any manner that could interfere, disrupt, negatively affect, or inhibit other users from fully enjoying it.

  • take advantage of any technical glitch, malfunction, failure, delay, default, or security breach

  • distribute any virus or other harmful computer code through the Platform. You also agree to not take any action that may impose an unreasonable or disproportionately large load on our or any of our third party providers’ infrastructure.

  • bypass, circumvent, or attempt to bypass or circumvent any measures that we may use to prevent or restrict access to the Platform including, without limitation, other accounts, computer systems, or networks connected to the Services.

Third-Party Websites and Content

The Site may contain (or you may be sent via the Site) links to other websites ("Third-Party Websites") as well as articles, photographs, 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 Site or any Third-Party Content posted on, available through, or installed from the Site, 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 Site 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 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 Site or relating to any applications you use or install from the Site. Any purchases 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 or services offered on ThirdParty Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

Modifications & Interruptions

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Platform and the Site without notice at any time. We will not be liable to you or any third party for any modification, suspension, or discontinuance of the Site. We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors.

We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Platform at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Platform and Site during any downtime or discontinuance of the Site. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.

Some of the software protocols that we use are open-source projects, which means that the development and control of such protocols are outside of the Site's control and such software protocols are subject to sudden and dramatic changes that might have a significant impact on the availability, usability or value of our Tokens, NFTs or the Platform itself. You are aware of and accept the risk of operational challenges.

We cannot prevent or mitigate attacks on Ethereum and other blockchain networks and have no obligation to engage in activity in relation to such attacks. In the event of an attack, we reserve the right to take commercially reasonable actions, including, but not limited to, if we confirm that a network is compromised or under attack, immediately halting the Platform for such network. Resolutions will be determined on a case-by-case basis by the Site in its sole discretion.

Corrections

There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Site, including descriptions, pricing, availability, and various other information. The Company does not warrant that any of the materials on the Site are accurate, complete or current. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice. However the Company does not make any commitment to update the materials.

Disclaimer

The site is provided on an as-is and as-available basis. You agree that your use of the site and our services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the site and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy or completeness of the site’s content or the content of any websites linked to the site and we will assume no liability or responsibility for any:

  • errors, mistakes, or inaccuracies of content and materials,

  • personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the site,

  • any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein,

  • any interruption or cessation of transmission to or from the site,

  • any bugs, viruses, trojan horses, or the like which may be transmitted to or through the site by any third party, and/or

  • any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the site.

We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the site, any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any thirdparty providers of products or services.

Limitation of Liability

You acknowledge and confirm that you have carefully considered the risks involved creating and buying NFT and Tokens through our Platform. The following risks associated with Tokens and the Platform are not exhaustive.

Legislative and regulatory changes

Legislative and regulatory changes or actions at the domestic or international level may adversely affect the Platform, your Tokens or 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, without limitation, attorneys’ fees or the costs of any claim or suit, made by any third party due to or arising out of:

  1. use of the Site and the Platform

  2. breach of these Terms of Use

  3. any breach of your representations and warranties set forth in these Terms of Use

  4. any inaccurate, misleading, or incomplete statement by the Site or on the Site regarding your wallets, whether caused by the Company’s negligence or otherwise

  5. any failure, delay, malfunction, interruption, or decision (including any decision by the Company to vary or interfere with your rights) by the Company in operating the Site or providing the Platform

  6. any stolen, lost, or unauthorized use of your wallet information any breach of security or data breach related to your wallet information, or any criminal or other third party act affecting the Company.

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.

Force Majeure

For the purposes of this clause, “Force Majeure Event” shall mean any circumstance outside our control including but not limited to any interruptions or failures relating to internet service providers, internet signal, connections, electricity providers, configurations of any user’s computers, any acts of god, flood, drought, earthquake or other natural disaster, any collapse of buildings, fire, explosion or accident, any acts of terrorism, civil war or commotion, riots or any law or any action taken by a government or public authority, including, without limitation, the failure to grant a necessary licence or consent. We shall not be in breach of these Terms of Use nor liable for delay in performing or failure to perform any of its obligations under these Terms if such delay or failure results from a Force Majeure Event.

Term and Termination

Except as otherwise terminated in accordance with the provisions below, these Terms of Use shall commence on the date you access the Platform and Site. 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 Site (including blocking certain IP addresses), to any user for any or 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 Site or delete any content or information that you posted at any time, without warning, in our sole discretion. In addition, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. These Terms may be superseded by any amended Terms in accordance with clause These Terms may be terminated or amended by the Site at any time without notice.

Contacts

In the event that you have a complaint, we will make every effort to rectify the problem as soon as practicably possible. Please write to us to make clear the details surrounding your complaint. You can send your complaint by email to [email protected]

Changes to Terms of Use

We reserve the right to review and update these Terms of Use.