Last update: February 22, 2022
You hereby represent and warrant that: (1) you have read these Terms, understand the stated herein and you hereby agree to these terms; (2) your age does not limit you from lawfully engaging in the Sites and that you are not legally prohibited from using the Sites or acquiring any digital assets available on the Sites or from third parties; (3) you are authorized to use the Sites for yourself or for the entity the details of which were specified upon subscription to our services.
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE PLATFORM. THESE TERMS GOVERN YOUR USE OF THE PLATFORM, APP, THE SITES, AND ANY PURCHASES YOU MAKE, UNLESS WE HAVE EXECUTED A SEPARATE WRITTEN AGREEMENT WITH YOU FOR THAT PURPOSE. WE ARE ONLY WILLING TO MAKE THE PLATFORM AVAILABLE TO YOU IF YOU ACCEPT ALL OF THESE TERMS. BY USING THE PLATFORM, YOU ARE CONFIRMING YOU UNDERSTAND AND AGREE TO BE BOUND BY ALL OF THESE TERMS. IF YOU ARE ACCEPTING THESE TERMS ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE LEGAL AUTHORITY TO ACCEPT THESE TERMS ON THAT ENTITY’S BEHALF, IN WHICH CASE “YOU” WILL MEAN THAT ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT ACCEPT ALL OF THESE TERMS, THEN WE ARE UNWILLING TO MAKE THE PLATFORM AVAILABLE TO YOU. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE PLATFORM
The Company is committed to complying with the sanctions laws and regulations. Accordingly, our Sites and Platforms are not available to those residing in the following jurisdictions: Afghanistan, Angola, Azerbaijan, Bosnia and Herzegovina, Botswana, Burundi, Cambodia, Cameroon, Chad, China, Cuba, DR Congo, Eritrea, Ghana, Guinea, Guinea-Bissau, Haiti, Iran, Iraq, Laos, Liberia, Libya, Madagascar, Mozambique, Nicaragua, North Korea, Pakistan, Republic of Congo, Somalia, South Sudan, Sri Lanka, Sudan, Syria, Tajikistan, Trinidad and Tobago, Turkmenistan, Uganda, Uzbekistan, and Vanuatu.
You may terminate these Terms at any time by discontinuing your access to and use of the Sites. You agree that we, in our sole discretion and for any or no reason, may terminate these Terms and suspend and/or terminate your account(s) for the Site. You agree that any suspension or termination of your access to the Site may be without prior notice, and that we will not be liable to you or to any third party for any such suspension or termination. If we terminate these Terms or suspend or terminate your access to or use of the Site due to your breach of these Terms or any suspected fraudulent, abusive, or illegal activity, then termination of these Terms will be in addition to any other remedies we may have at law or in equity. Upon any termination or expiration of these Terms, whether by you or us, you may no longer have access to information that you have posted on the Site or that is related to your account, and you acknowledge that we will have no obligation to maintain any such information in our databases or to forward any such information to you or to any third party.
By using the Site, you warrant on behalf of yourself, your users, and other parties you represent that you will not:
You further agree that you are solely responsible for your interactions with other users of the Site. We reserve the right, but has no obligation, to become involved in your dispute with other users of the Site.
Like much of web3, your blockchain address or your account functions as your identity. Accordingly, you will need a blockchain address and a third-party wallet to purchase any of the NFTs offered. Your account on the service (“Account”) will be associated with your blockchain address.
Your Account on Ethereum Worlds will be associated with your linked blockchain address and display the NFTs for that blockchain address (and, if applicable, any content associated with such NFTs). By using your wallet in connection with the Service, you agree that you are using that wallet under the terms and conditions of the applicable provider of the wallet. Wallets are not operated by, maintained by, or affiliated with Ethereum Worlds, and Ethereum Worlds does not have custody or control over the contents of your wallet and has no ability to retrieve or transfer its contents. Ethereum Worlds accepts no responsibility for, or liability to you, in connection with your use of a wallet and makes no representations or warranties regarding how the Service will operate with any specific wallet. You are solely responsible for keeping your wallet secure and you should never share your wallet credentials or seed phrase with anyone. If you discover an issue related to your wallet, please contact your wallet provider. Likewise, you are solely responsible for your Account and any associated wallet and we are not liable for any acts or omissions by you in connection with your Account or as a result of your Account or wallet being compromised. You agree to immediately notify us if you discover or otherwise suspect any security issues related to the Service or your Account.
We may require you to provide additional information and documents in certain circumstances, such as at the request of any government authority, as any applicable law or regulation dictates, or to investigate a potential violation of these Terms. In such cases, Ethereum Worlds, in its sole discretion, may disable your Account and block your ability to access the Service until such additional information and documents are processed by Ethereum Worlds. If you do not provide complete and accurate information in response to such a request, Ethereum Worlds may refuse to restore your access to the Service.
Your access and use of the Service may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance, or repair of the Service or other actions that Ethereum Worlds, in its sole discretion, may elect to take.
We require all users to be at least 18 years old. If you are at least 13 years old but under 18 years old, you may only use Ethereum Worlds through a parent or guardian’s Account and with their approval and oversight. That account holder is responsible for your actions using the Account. It is prohibited to use our Service if you are under 13 years old.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (I) THE SITE AND SERVICES PROVIDED BY THE COMPANY ARE PROVIDED ‘AS-IS’ AND‘ AS AVAILABLE’ WITHOUT WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION, TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY OTHER WARRANTY THAT MIGHT ARISE UNDER ANY LAW; (II) COMPANY DOES NOT WARRANT THAT THE SITE OR ITS’ SERVICES WILL BE UNINTERRUPTED OR IMMUNE TO DAMAGE, MALFUNCTIONS, DEFECTS OR FAILURES IN THE HARDWARE, SOFTWARE, COMMUNICATION SYSTEMS AND LINES, AT THE SITE OR AT ANY OF ITS SUPPLIERS; (III) COMPANY WILL BEAR NO LIABILITY IN CASE ANY OF THE ASSETS IS NOT AVAILABLE IN THE SITE, FOR ANY REASON WHATSOEVER; (IV) COMPANY WILL BEAR NO LIABILITY IN ANY MANNER FOR THE USE OF ANY OTHER ADDITIONAL CONTENTS WHICH YOU MAY INTEGRATE IN THE PROJECTS AND YOU WILL SOLELY BEAR FULL AND EXCLUSIVE LIABILITY FOR USING THEM; (V) COMPANY RESERVES ITS RIGHT TO REMOVE AND/OR ADD ASSETS TO THE SITE AT ANY TIME AT ITS EXCLUSIVE DISCRETION AND YOU WILL BEAR NO CLAIMS OR ARGUMENTS IN THIS REGARD; (VI) COMPANY WILL BEAR NO LIABILITY FOR ANY DIRECT OR INDIRECT DAMAGE, PECUNIARY OR ANOTHER, WHICH YOU MIGHT INCUR CONSEQUENT UPON: (1) CHANGES COMPANY MAY MAKE TO THE SITE AND ITS SERVICES, ALL OR ANY OF THEM; (2) CEASING, TEMPORARILY OR PERMANENTLY, THE PROVISION OF ITS SERVICES, ALL OR ANY OF THEM; (3) CHANGING, ADDING OR REMOVING ANY OF THE SERVICES’ CHARACTERS OR PROPERTIES, ALL OR ANY OF THEM; (4) CHANGING, ADDING OR REMOVING ANY CONTENTS, RECORDINGS OR ASSETS FROM THE SITE, ALL OR ANY OF THEM; (VII) COMPANY, OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS OR AGENTS, WILL BEAR NO LIABILITY FOR ANY KIND OF DAMAGE IN CONNECTION WITH ANY CLAIM, LOSS OR DAMAGE ARISING UNDER OR OUT OF THERE TERMS.
You hereby undertake to indemnify the Company, its subsidiaries, affiliates, licensors, employees, officers, directors, agents, service providers and artists and anyone on their behalf for any argument, claim, damage, loss, loss of profit, payment or expense (inclusive of lawyer’s fee and legal expenses) that might arise due to your use of the Company’s Site and services, your breach of the provisions of these Terms or any use you make of Company’s services in violation of any applicable law or third-party rights.
Openness is one of our most prized values, and we’re committed to everyone with access to blockchain assets. However, to protect our community and comply with our legal obligations, we reserve the right to take action, with or without advance notice, if we believe you have violated these Terms. This may include: removing the ability to view certain information on the Sites or use our Service to interact with other blockchain assets; disabling the ability to use the Service in conjunction with buying/selling/transferring NFTs available on blockchains; disabling your ability to access our Service; and/or other actions.
You agree that you will not violate any law, contract, intellectual property or other third-party right, and that you are solely responsible for your conduct and content, while accessing or using the Service. You also agree that you will not:
The Company is entitled to assign and/or transfer and/or deliver its rights and/or its undertakings according to the Terms, in whole or in part, to third parties as it may see fit and at its exclusive discretion. Any such Company’s transferee will, in turn, be entitled to transfer any such rights/undertakings to other parties as it may see fit without having to obtain your consent.
You bear responsibility for payment of all taxes and expenses applying to you in connection with any Assets you acquire and/or your use of any Assets, to the extent such may apply. In the event the Company is required to pay any such taxes and expenses on your behalf, we will be entitled to charge you for any such amounts without notifying you.
The laws of the British Virgin Islands will exclusively apply to the these Terms, without giving effect to any rules or principles of conflict-of-law, and the jurisdiction to hear any issue resulting from or regarding these Terms, directly or indirectly, will be given exclusively and uniquely to the British Virgin Island courts and no other court anywhere else.
Any term of these Terms which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity of the remainder of these Terms is not affected.
19. DISPUTE RESOLUTION; ARBITRATION
PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
Dispute Resolution. Please read the following arbitration agreement in this Section (“Arbitration Agreement”) carefully. It requires you to arbitrate disputes with Ethereum Worlds and limits the manner in which you can seek relief from us. This section does not govern disputes between users or between users and third parties. Ethereum Worlds does not provide dispute resolution services for such disagreements and the parties must resolve those disputes directly.
Applicability of Arbitration Agreement. You agree that any dispute, controversy, or claim relating in any way to your access or use of the Service, to any products sold or distributed through the Service, or to any aspect of your relationship with Ethereum Worlds, will be resolved by binding arbitration, rather than in court, including threshold questions of the arbitrability of such dispute, controversy, or claim except that (1) you or Ethereum Worlds may assert claims in small claims court, but only if the claims qualify, the claims remain only in such court, and the claims remain on an individual, non-representative, and non-class basis; and (2) you or Ethereum Worlds may seek injunctive or equitable relief in a court of proper jurisdiction if the claim relates to intellectual property infringement or other misuse of intellectual property rights.
Dispute resolution process. You and Ethereum Worlds both agree to engage in good-faith efforts to resolve disputes prior to either party initiating an arbitration, small claims court proceeding, or equitable relief for intellectual property infringement. You must initiate this dispute resolution process by sending a letter describing the nature of your claim and desired resolution to: Ethereum Worlds, Attn: Legal Department, email@example.com. Both parties agree to meet and confer personally, by telephone, or by videoconference (hereinafter “Conference”) to discuss the dispute and attempt in good faith to reach a mutually beneficial outcome that avoids the expenses of arbitration or, where applicable, litigation. If you are represented by counsel, your counsel may participate in the Conference as well, but you agree to fully participate in the Conference. Likewise, if Ethereum Worlds is represented by counsel, its counsel may participate in the Conference as well, but Ethereum Worlds agrees to have a company representative fully participate in the Conference. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the informal dispute resolution process and Conference required by this paragraph. If the parties do not reach agreement to resolve the dispute within thirty (30) days after initiation of this dispute resolution process, either party may commence arbitration, file an action in small claims court, or file a claim for injunctive or equitable relief in a court of proper jurisdiction for matters relating to intellectual property infringement, if the claims qualify.
Authority of Arbitrator. The BVI arbitrator shall have exclusive authority to (a) determine the scope and enforceability of this Arbitration Agreement and (b) resolve any dispute related to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement including, but not limited to, any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and Ethereum Worlds. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and these Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.
Waiver of Jury Trial. YOU AND ETHEREUM WORLDS HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Ethereum Worlds are instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement, above (“Applicability of Arbitration Agreement”). An arbitrator can award on an individual basis the same damages and relief as a court and must follow these Terms as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
Waiver of Class Actions and Class Arbitrations. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A REPRESENTATIVE OR COLLECTIVE CLASS BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE USER, PERSON, OR ENTITY CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER USER, PERSON, OR ENTITY. Accordingly, under the arbitration procedures outlined in this section, an arbitrator shall not combine or consolidate more than one party’s claims without the written consent of all affected parties to an arbitration proceeding. Without limiting the generality of the foregoing, you and Ethereum Worlds agree that no dispute shall proceed by way of class arbitration without the written consent of all affected parties. If a decision is issued stating that applicable law precludes enforcement of any part of this subsection’s limitations as to a given claim for relief, then that claim must be severed from the arbitration and brought in the courts located in the British Virgin Islands. All other claims shall be arbitrated.
Severability. Except as provided in this Section, if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.