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TERMS OF USE

GRABBIT Terms & Conditions

Last updated on 25 September 2023.

The Grabbit ( "Platform" ) allows You to purchase and resell non-fungible tokens ( "NFTs" ) and is made available to You by our service, collectively, ( "Services" ).

Introduction

Welcome to the Grabbit. These terms and conditions constitute a legally binding agreement (the "Agreement" ) between You (also referred to herein as "You" , "Your" or "User" ) and Grabbit ( "we" , "us" or "Our" ), governing Your access to and use of the Grabbit, including any content, functionality, and services offered on or through https://grabbit.market/ (the "Site" ). By clicking the "Agree" button, and use Grabbit, You confirm that You understand and agree to these terms and conditions, together with any documents that may be expressly referred to and are incorporated by reference ( "Terms" ). The Grabbit provides you with the opportunity to create (mint), sell, purchase, bid on, collect, trade, showcase and otherwise transact digital blockchain collectibles, which may be represented as a non-fungible token ( "NFT" ) linked with certain digital media and art ( "Digital Assets" ). We facilitate transactions between a buyer and seller of an NFT, but we are not a party to any agreement between buyer and seller of an NFT on the Grabbit. We collect revenue on the Grabbit via transaction fees and other applicable fees which we display when you interact with the Grabbit. For the avoidance of doubt, NFTs transacted on the Grabbit are considered "Digital Assets" as defined in the Definitions. Grabbit reserves the right to (but is not required or obligated to be) take any action in relation to any disputes arising from purchases via the Grabbit, including in connection with any auctions or other purchase methods. Grabbit reserves the right to change or modify these Terms at any time and at Our sole discretion. You agree and understand that by accessing or using the Grabbit and the Site following any change to these Terms, You are regarded as having agreed to the revised Terms.

Definitions

"Applicable Law" means any law, rule, statute, subordinate legislation, regulation, by-law order, ordinance, protocol, code, guideline, treaty, policy, notice, direction or judicial, arbitral, administrative, ministerial or departmental judgment, award, decree, treaty, directive, or other requirement or guideline published or in force at any time which applies to or is otherwise intended to govern or regulate any person (including all parties to these Terms), property, transaction, activity, event or other matter, including any rule, order, judgment, directive or other requirement or guideline issued by any governmental or regulatory authority;

"NFT" in these Terms means a non-fungible token or similar digital item implemented on a blockchain (such as the Cardano blockchain), which uses smart contracts to link to or otherwise be associated with certain content or data.

"Digital Art" means primarily digital, but it can also be tangible art that is monitored through a blockchain or a crypto system.

Eligibility

Grabbit has sole and absolute discretion to allow or disallow Your access to the Grabbit platform.

By agreeing to these Terms, You represent and warrant that:

  • You are at least 18 years of age, or of the age of majority in Your jurisdiction of residence;
  • You have the full right, power, and authority to agree to these Terms;
  • You are not subject to any financial sanctions, embargoes or other restrictive measures imposed by the United Nations, European Union, any EU country, UK Treasury or US Office of Foreign Assets Control (OFAC), or any governmental authority in any jurisdiction in which the Grabbit is available;
  • You will not use the Platform if any Applicable Laws in Your country prohibit You from doing so in accordance with these Terms;
  • You are compliant with all Applicable Laws to which You are subject;
  • You have read, understood and agreed to Our Privacy Policy;
  • You will not send, upload, distribute or disseminate any unlawful, defamatory, harassing, abusive, fraudulent, obscene, or otherwise objectionable content;
  • You will not distribute viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other items of a destructive or deceptive nature;
  • You will not upload, post, transmit or otherwise make available through the Platform any content that infringes the intellectual proprietary rights of any party;
  • You will not operate to defraud Grabbit, other users, or any other person or provide false, inaccurate or misleading information;
  • You will not interfere with another individual's or entity's access to or use of the Platform; defame, abuse, extort, harass, stalk, threaten or otherwise violate or infringe the legal rights (such as, but not limited to, rights or privacy, publicity and intellectual property) of others; incite, threaten, facilitate, promote, or encourage hate, racial intolerance or violent acts against others; harvest or otherwise collect information from the Platform about others, including without limitation email addresses, without proper consent;
  • You will not engage in, promote, or encourage illegal activity (including, without limitation, terrorism, tax evasion or money laundering);
  • You will not exploit the Platform for any unauthorized commercial purpose;
  • You will not modify, adapt, translate, or reverse engineer any portion of the Platform;
  • You will not remove any copyright, trademark or other proprietary rights notices contained in or on the Platform or any part of it;
  • You will not reformat or frame any portion of the Platform;
  • You will not display any content on the Platform that contains any hate-related or violent content or contains any other material, products or services that violate or encourage conduct that would violate any criminal laws, any other applicable laws, or any third party rights; -
  • You will not use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Platform or the content posted on the Platform, or to collect information about its users for any unauthorized purpose;
  • You will not create user accounts by automated means or under false or fraudulent pretenses; and
  • You will not access or use the Platform for the purpose of creating a product or service that is competitive with any of Our products or services.

If You breach or We reasonably believe that You have breach any of Your representations and warranties, We may, at Our sole and absolute discretion, without notice or liability to You, and without limiting any of Our other rights or remedies at law or in equity, immediately (i) suspend or terminate Your account; (ii) delete your NFTs' images and descriptions from the Platform and our hosting. (If We delete your NFTs' images and descriptions from the Platform, such deletion will not affect Your ownership rights in any NFTs that You already own, but You will not receive a refund of any amounts You paid for those NFTs); (iii) deem any transaction that took place via or as the result of such breach to be void ab initio; and/or (iv) terminate any license granted to You under this Agreement; and/or (v) confiscate or invalidate any NFTs that were purchased or acquired as the result of such breach.

Accessing the Service

You are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, and personal license to access and use the Services provided, however, such license is subject to your compliance with these Terms. If any software, content, or other materials owned by, controlled by, or licensed to us are distributed or made available to you as part of your use of the Services, we hereby grant you a non-commercial, personal, non-assignable, non-sublicensable, non-transferable, and non-exclusive right and license to access and display such software, content, and materials provided to you as part of the Services (and right to download a single copy of the Platform onto your applicable equipment or device), in each case for the sole purpose of enabling you to use the Services as permitted by these Terms, provided that your license in any content linked to or associated with any NFTs is sole as set forth by the applicable seller or creator of such NFT.

The Platform and its entire contents, features, and functionality, including but not limited to, all information, software, products, materials, APIs, text, displays, images, video, and audio, and the design, selection, and arrangement thereof, are owned by the Company, its licensors, or other providers of such material and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

  • When You connect a wallet to the Platform a Profile associated with that wallet is created for You based on your linked blockchain address and the NFTs it holds. By connecting and using the wallet with our Service, you agree that you are using that wallet following the terms and conditions of the applicable provider of the wallet. Wallets are not owned, operated, or maintained by the Platform, nor does the Platform have custody or control over the contents of your wallet and NFTs. The Platform 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. We may, in Our sole discretion, refuse, decline, suspend or disable Your access or use of Grabbit.
  • To use our Service, you must use a third-party wallet which allows you to engage in transactions on blockchains.
  • To most easily access and use the Platform, You should first install a web browser. You can make the purchase and engage in transactions in ADA. To make purchases with cryptocurrency, You will need to bind your Cardano wallet to the Account ( "Account Wallet" ).
  • Transactions that take place on the Platform are managed and confirmed via the Cardano network. You understand that Your Cardano Network public address will be made publicly visible whenever you engage in a transaction on the Platform. We neither own nor control Cardano Network or any other third party site, product, or service that You might access, visit, or use for the purpose of enabling You to use the various features of the Platform. We will not be liable for the acts or omissions of any such third parties, nor will We be liable for any damage that You may suffer as a result of Your transactions or any other interaction with any such third parties.
  • You are solely responsible for the security of Your Account and Your Cardano Wallet. You agree to undertake to maintain at all times adequate security and control of all of Your Account details, passwords, personal identification numbers or any other codes that You use to access the Platform. You must ensure that Account(s) registered under Your name will not be used by any other person. You agree that we may attribute all use of Your Account to You and that You are responsible for all activities that occur under Your Account, including any purchases made using Your Account. In case of any breach of security, loss, theft or unauthorized use of Your username, password or security information, You may contact Us for Account support at operations@grabbit.market or Grabbit Help Center.
  • Grabbit reserves the right to terminate, suspend or restrict Your access to any account(s) if there is reasonable suspicion by Us that the person logged into Your account(s) is not You or if we suspect that the account(s) have been or will be used for any illegal, fraudulent, or unauthorized purposes. Under no circumstances shall Grabbit or indemnified persons in accordance with these Terms be responsible or liable for any direct or indirect losses (including loss of profits, business or opportunities), damages or costs suffered by You or any other person or entity due to any such termination, suspension or restriction of access to any account(s).

Changes to Grabbit Platform

We may in Our absolute and sole discretion change, update, amend, remove, or discontinue any part of the Site, the services and the content at any time without prior notice to You.

Transactions

  • The Platform allows You to purchase and bid on the NFTs. A contract of sale will be between the seller and the successful bidder/purchaser. If You are the successful bidder/purchaser in this sale, You will, subject to these Terms, acquire title to the NFT.
  • Your bids constitute a manifestation of Your full satisfaction as to the condition of the NFT and the accuracy of its description prior to such bids.
  • Purchases of NFTs, as well as associated charges and fees, are non-refundable.
  • We may use a third-party payment processor to process sales through the Platform and/or allow an authorized reseller to manage and control the sales and purchase experience in the Platform (collectively "Third-Party Payment Provider" ). Grabbit does not set, collect, or determine other applicable costs, fees, and expenses associated with buying and selling an NFT, including but not limited to any creator earnings, gas, or transaction fees. These costs, fees, and expenses are paid directly to the seller, creator, payment processor, blockchain validator, or other third party, as applicable. Because these costs, fees, and expenses are not collected by Grabbit, we cannot refund them
  • Any purchase from the Platform will be subject to and in accordance with the terms of sale presented to You at the time of the purchase. Please read those terms of sale carefully before making any purchase. If those terms of sale are between You and Our Third-Party Payment Provider, then You agree that We will be a third-party beneficiary to those terms of sale and are entitled to the rights and benefits thereunder and may enforce the provisions thereof as if we are a party thereto. You are solely responsible for all amounts payable associated with purchases made using Your Account.
  • Prices in the Platform are subject to change without notice. We reserve the right to refuse or cancel orders at any time and in Our sole discretion.

  • Auctions

    • You may enter into an auction transaction whereby We have listed such NFT for sale on the Platform via an auction process. Make sure You have enough cryptocurrency in your wallet to place a bid and pay for transaction fees. You'll need to pay a transaction fee each time you place a bid. A bid is a binding contract that You cannot revoke. When You bid on a NFT in an auction, You're committing to buy it if You win the auction. Your bid amount will be stored in an on-chain escrow that can only be returned to you if you are outbid.
    • We may optionally include a starting auction price. Your bid must be higher than the starting price and You bid against other auction participants.
    • After the first bid begins, an auction cannot be stopped, cancelled, or undone.
    • Once initiated, Auctions last for a discrete window of time specified by the user that initiated the auction listing.
    • You cannot cancel the bid if you are the current highest bidder. You can reclaim your bid funds from the on-chain escrow if you have been outbid.
    • When the auction ends, the highest bidder wins the auction and the NFT will be sold.
    • Auction are not exact and only represent an approximate start and end time for a particular auction. Auction participants should get their bids in as early as possible to ensure that they are processed by the auction Smart Contract before the close of the auction.
    • We cannot guarantee that your bid will be placed successfully before the end date of the auction due to the blockchain transactions being processed via Cardano's decentralized consensus mechanism which is outside of Our control.
    • Alternatively, sellers can list a buyNow price for the item they put up for auction which allows users to directly buy the item by paying the buyNow price instead of bidding on it.
    • Auction participants are generally forbidden from engaging in any deceptive conduct that may prevent competitive or fair bidding, artificially inflate or deflate the price of an NFT, simulate demand for an NFT (i.e., "wash trading"), or any other anti competitive bidding conduct, including but not limited to "puffing", "chill bidding", "shill bidding", "sham bidding", or "sock puppet bidding".
    • You acknowledge and agree to assume the risk of initiating or participating in an auction and take full responsibility and liability for the outcome of any auction that You participate in. We shall not be liable to You or any third-party for the outcome of any auction.

  • Purchasing the NFTs with cryptocurrency.

    • Upon successful purchase from Your Account Wallet with cryptocurrency, Your Purchased NFTs will automatically transfer to Your Account Wallet. We will not be liable for the acts or omissions of any such third parties, nor will We be liable for any damage that You may suffer as a result of Your transactions or any other interaction with any such third parties.
    • You agree and understand that all cryptocurrency payments and fees are transferred, processed, or initiated directly through one or more of the smart contracts on the Cardano Network (the "Smart Contract"). By transacting on the Platform and by using the Smart Contract, you hereby acknowledge, consent to, and accept all automated payments and fees for the purchase of NFTs on the Platform. You hereby consent to and agree to be bound by the Smart Contract's execution and distribution of the payment and fees. You hereby waive any entitlement to payment made to or fees paid to Grabbit by operation of the Smart Contract.
    • Risk will transfer to You immediately upon successful purchase with cryptocurrency of NFT from the Platform and Our transfer of title of the NFT to You by sending to Your Account Wallet. You are thereafter responsible for secure storage of the NFT in Your Account Wallet, and You further acknowledge that You are solely responsible for any risk associated with the NFTs such as transferring, creating, holding, storing, or using withdrew NFTs or a digital wallet, and Grabbit will not be responsible for any such risks or losses.

  • Resale of the Purchased NFTs:

    • If You wish to resale the purchased NFTs, You may list the NFT for auction again.
    • All transactions are through the Smart Contract where it requires an escrow to proceed with making bids.
    • By minting, providing, or selling an NFT through Grabbit, you hereby represent and warrant that you own all legal right, title and interest in all intellectual property rights to the Digital Assets linked or associated with such NFT, or you are legally authorized by the intellectual property owner to mint, provide or sell the NFT on the Grabbit.

Payment and Taxes

  • You may purchase an NFT with cryptocurrency.
  • You agree and understand that all cryptocurrency payment and fees are transferred, processed, or initiated directly through one or more of the Smart Contract on the Cardano network. By transacting on the Platform and by using the Smart Contract, You hereby acknowledge, consent to, and accept all automated payment and fees for the purchase of NFTs on the Platform. You hereby consent to and agree to be bound by the Smart Contract's execution and distribution of the payment and fees. You hereby waive any entitlement to payment made to or fees paid to Grabbit by operation of the Smart Contract.
  • All Your transactions on the Platform, including without limitation making bidding, listing, purchasing, or confirming, are facilitated by Smart Contract existing on the blockchain network. The Cardano network requires the payment of a transaction fee for every transaction that occurs on the Cardano network, and thus every transaction occurring on the Platform. The value of the Gas Fee changes, often unpredictably, and is entirely outside of the control of the Platform. You acknowledge that under no circumstances will a contract, agreement, sale, bid, or other transaction on the Platform be invalidated, revocable, retractable, or otherwise unenforceable on the basis that the Gas Fee for the given transaction was unknown, too high, or otherwise unacceptable to You. You also acknowledge and agree that gas is non-refundable under all circumstances.
  • You are responsible to pay any and all sales, use, value-added and other taxes, duties, and assessments now or hereafter claimed or imposed by any governmental authority, associated with Your use of the Platform (including, without limitation, any taxes that may become payable as the result of Your ownership, transfer, purchase, sale of any NFT.
  • When a Seller is creating a listing, they can choose a price for the NFT. We do not make any representations as to the value of the NFTs listed and have no control over the prices set by the Seller. In consideration for providing access to the NFT Marketplace and providing the Marketplace Services, we may add a service fee (as set out on the NFT Marketplace for Listings) on top of the NFT Price (Service Fee). Part of the Service Fee may include a Protocol Fee and a fee payable to the creator of the NFT (Royalty Fee). A Seller may also be liable to pay fees to us if they minted their NFT using our service. We may waive our Service Fee free trading from time to time as notified through the NFT Marketplace.

Termination

  • You may terminate these Terms at any time by canceling Your account on the Platform and discontinuing Your access to and use of the Platform. You will not receive any refunds if You cancel Your account, or otherwise terminate these Terms. 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 Platform. You agree that any suspension or termination of your access to the Platform 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 Platform 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 Platform 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.
  • We have the right, without provision of prior notice, to take appropriate legal action, including, without limitation, referral to law enforcement or regulatory authority, or notifying the harmed party of any illegal or unauthorized use of the Platform. Without limiting the foregoing, We have the right to fully cooperate with any law enforcement authorities or court order requesting or directing Us to disclose the identity or other information of anyone using the Platform.
  • You waive and hold Grabbit, including each of Our respective affiliates, subsidiaries, parents, successors and assigns, and each of their respective officers, directors, employees, agents, shareholders, service providers, contractors, suppliers, licensors and licensees harmless from any and all claims resulting from any action taken by Us and any of the forgoing parties relating to any investigations by either Us or such parties or by law enforcement authorities.

Disclaimer

  • GRABBIT DOES NOT PROVIDE INVESTMENT, TAX, OR LEGAL ADVICE, AND YOU ARE SOLELY RESPONSIBLE FOR ASSESSING WHETHER ANY TRANSACTION YOU ENTER INTO ON THE PLATFORM IS APPROPRIATE FOR YOU BASED ON YOUR PERSONAL OBJECTIVES, FINANCIAL CIRCUMSTANCES AND RISK TOLERANCE. GRABBIT MAY PROVIDE EDUCATIONAL INFORMATION ABOUT NFTS, IN ORDER TO ASSIST USERS IN LEARNING MORE ABOUT SUCH DIGITAL ASSET. THE INFORMATION PROVIDED BY GRABBIT DOES NOT CONSTITUTE ANY OTHER SORT OF ADVICE, AND YOU SHOULD NOT TREAT ANY OF THIS CONTENT AS SUCH. GRABBIT DOES NOT RECOMMEND THAT ANY NFT SHOULD BE BOUGHT, SOLD, ACQUIRED OR HELD BY THE USERS OF THE PLATFORM AND WILL NOT BE HELD RESPONSIBLE FOR ANY DECISION YOU MAKE IN THIS REGARD BASED ON THE INFORMATION PROVIDED BY GRABBIT.
  • ALL PURCHASED NFTs ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, GRABBIT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
  • TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL GRABBIT BE LIABLE TO YOU FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER AND/OR DEVICE OR TECHNOLOGY FAILURE OR MALFUNCTION, OR FOR ANY FORM OF DIRECT OR INDIRECT DAMAGES, AND/OR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES BASED ON ANY CAUSES OF ACTION WHATSOEVER RELATED TO ANY NFT, INCLUDING BUT NOT LIMITED TO THE PURCHASED NFT, THE SALE OF NFT, THE AUCTION, ANY TECHNOLOGY AND/OR PARTIES RELATED TO SALE OF NFT AND/OR THE AUCTION, INCLUDING BUT NOT LIMITED TO BLOCKCHAIN AND/OR CARDANO WALLET.

Limitation of Liability and Exclusive Remedies

YOU AGREE THAT THIS LIMITATION OF LIABILITY APPLIES WHETHER SUCH ALLEGATIONS ARE FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR FALL UNDER ANY OTHER CAUSE OF ACTION, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF A DISCLAIMING PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE, AND IN ANY EVENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GRABBIT' TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED THE GREATER OF (I) THE ACTUAL DAMAGES YOU INCUR BASED UPON REASONABLE RELIANCE ON THE STORE, ANY NFTS AVAILABLE WITHIN, UP TO FIVE DOLLARS (U.S.$5.00)  OR (II) THE AMOUNT YOU PAID TO USE THE AFFECTED NFTS IN THE PRIOR YEAR. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND AGREE THAT WE HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY BREACH OF SECURITY UNLESS IT IS DUE TO OUR GROSS NEGLIGENCE. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

THE EXISTENCE OF MULTIPLE CLAIMS OR SUITS UNDER OR RELATED TO THESE TERMS OF USE, THE PLATFORM, NFT, OR THE PROVISION OR FAILURE TO PROVIDE SUPPORT WILL NOT ENLARGE OR EXTEND THE LIMITATION OF MONEY DAMAGES. EXCEPT FOR THE EXCLUSIVE REMEDY IN THE FOLLOWING SENTENCE, THESE ACTUAL MONEY DAMAGES WILL BE YOUR SOLE AND EXCLUSIVE REMEDY.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGE, LOSS, OR LIABILITY FROM INTENTIONAL ACTS (INCLUDING FRAUD, FRAUDULENT MISREPRESENTATION, AND FAILURE TO DISCLOSE DEFECTS), PRODUCT LIABILITY, OR FOR DEATH OR PERSONAL INJURY. NOTHING IN THIS SECTION WILL BE INTERPRETED AS EXCLUDING LIABILITY WHICH CANNOT UNDER APPLICABLE LAW BE EXCLUDED IN THOSE JURISDICTIONS. IF YOU LIVE, OR ARE OTHERWISE SUBJECT TO THE LAWS IN ONE OF THOSE JURISDICTIONS, ANY STATUTORY ENTITLEMENT AVAILABLE TO YOU WILL BE DEEMED LIMITED TO THE EXTENT (IF AT ALL) PERMISSIBLE UNDER THAT LAW AND, IF LIMITATION IS NOT PERMITTED, THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU.

EXCEPT FOR DISPUTES IN WHICH EITHER PARTY SEEKS TO BRING AN INDIVIDUAL ACTION IN SMALL CLAIMS COURT, YOU AND GRABBIT AGREE THAT ANY DISPUTE MUST BE COMMENCED OR FILED BY YOU OR GRABBIT WITHIN ONE (1) YEAR OF THE DATE THE DISPUTE AROSE, OTHERWISE THE UNDERLYING CLAIM IS PERMANENTLY BARRED (WHICH MEANS THAT YOU AND HTC WILL NO LONGER HAVE THE RIGHT TO ASSERT SUCH CLAIM REGARDING THE DISPUTE).

Indemnification

You will defend, indemnify, and hold Grabbit, including each of Our respective affiliates, subsidiaries, parents, successors and assigns, and each of their respective officers, directors, employees, agents, shareholders, service providers, contractors, suppliers, licensors and licensees, harmless from any claims, actions, suits, losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of Your purchase, resale or possession of the NFT and/or Your access or use of the Platform, including:

  • Your breach of these Terms or the documents it incorporates by reference;
  • Your misuse of the Platform;
  • Your violation of any Applicable law or the rights of a third party as a result of Your own interaction with such third party;
  • any allegation that any materials/information that You submit to us or transmit in the course of accessing/using the Platform, communications seeking Our consent to activities or otherwise, infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or
  • any other activities in connection with the purchased NFTs or Your accessing/using the Platform.

This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.

You agree that We will have control of the defense or settlement of any such claims.

Assumption of Risk

You agree that You assume the following risks:

  • To the extent there is a price or market for a blockchain asset such as an NFT, such markets and prices are extremely volatile, and variations in the price of other digital assets could materially and adversely affect the value of any digital asset(s) You own, including Your purchased NFTs, and there is no guarantee that Your purchased NFTs will have or retain any value.
  • There are risks associated with using an Internet-native assets (e.g., non-fungible tokens, cryptocurrencies, etc.) including, but not limited to, the risk of hardware, software and Internet connections and/or failures, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to information stored within Your digital wallet or elsewhere, and Grabbit will not be responsible for any of these, however caused.
  • Upgrades to the Cardano network, a hard fork or other change in the Cardano Network, a failure or cessation of Cardano, or a change in how transactions are confirmed on the Cardano network may have unintended, adverse effects on all blockchains using such technologies, including without limitation purchased NFTs.
  • The regulatory regime governing blockchain technologies, cryptocurrencies and tokens is uncertain, and new regulations or policies may materially adversely affect the development of the Platform, and therefore the potential utility or value of your NFTs.
  • Grabbit does not make any promises or guarantees related to Your linked wallet, Blockchain or any other third parties related to Your use of the Platform and each of their applications and/or services, including but not limited to the continued availability of either and/or the protection and/or storage of any data You provide to those parties.
  • The risk of mining attacks.
  • The risk of hacking, security weaknesses, fraud, counterfeiting, cyber attacks and other technological difficulties.
  • The risk of changes to the regulatory regime governing blockchain technologies, cryptocurrencies, and tokens and new regulations, unfavorable regulatory intervention in one or more jurisdictions or policies any of which may materially adversely affect the use and value of the Your purchased NFT.
  • The risks related to taxation. You are solely responsible for determining what, if any, taxes apply to Your NFT-related transactions. We are not responsible for determining the taxes that apply to Your transactions on the Platform.
  • NFTs are not legal tender and are not backed by any government.
  • Grabbit is not responsible for any transaction between You and a third party (e.g., Your transfer of a purchased NFT to a third party on a third party website or application that permits the inclusion, involvement, or participation of Your purchased NFTs), and We shall have no liability in connection with any such transaction.
  • You acknowledge the limitations of Grabbit' descriptions and accept responsibility for carrying out inspections and investigations to satisfy Yourself as to the NFT being offered for auction. Notwithstanding the foregoing, We will exercise reasonable care when making express statements in online descriptions and in light of information provided to Us by the approved artists.
  • Online descriptions of the NFT may include an metadata, property specifications, an Blockchain Service Explorer to the blockchain, a description of NFT, its functionality, the history of ownership of the NFT (also referred to as "provenance"), as well as any exhibition history and references to the NFT or the digital file to which the NFT relates ("digital art") in art publications. We have no control over and accept no responsibility for the transactions and information recorded or displayed in the blockchain in relation to the NFT. Information provided in respect to online descriptions of the NFT or the digital art and any condition report (where available), or link to the blockchain whether written or oral, is not a representation of fact but rather a statement of opinion held by Grabbit.
  • Photographs, videos and illustrations are for identification purposes only and cannot be used as precise indications of size or convey full information as to the condition of the NFT or the digital art. We make every effort to describe the NFT and digital art in the sale as accurately as possible. Where colors are displayed, the colors You see will, however, depend on the resolution of Your monitor or of Your mobile device. We cannot guarantee that Your monitor's or Your mobile device's display of any color will accurately reflect the color of the items described.
  • NFTs, due to their nature as a unit of data, are not available for physical inspection.

In addition to assuming all of the above risks, Grabbit cannot and does not represent or warrant that any purchased NFT, or its supporting systems or technology, is reliable, current or error-free, meets Your requirements, or that defects in the purchased NFT, or its supporting systems or technology, will be corrected. Grabbit cannot and does not represent or warrant that the purchased NFT or the delivery mechanism for it are free of viruses or other harmful components. You accept and acknowledge that Grabbit will not be responsible for any communication failures, disruptions, errors, distortions or delays You may experience related to sale of NFTs on the Platform. In the event of an error, Grabbit or its third party payment processor reserves the right to correct such error and revise Your order accordingly (which includes charging the correct price) or to cancel the order and refund any amount charged.

Copyright Infringement Complaints

Grabbit will take down works in response to Digital Millennium Copyright Act ( "DMCA" ) takedown notices and/or other intellectual property infringement claims and will terminate a user's access to the Platform if the user is determined to be a repeat infringer. If you believe that your content has been copied in a way that constitutes copyright or trademark infringement or violates your publicity or other intellectual property rights, you may submit a takedown notice to us at operations@grabbit.market or Grabbit Help Center.

Formal infringement claims regarding content on the Platform must include:

  • A written communication delivered to the contact above;
  • A physical or electronic signature of someone authorized to act on behalf of the copyright owner;
  • Identification of the copyrighted work(s) allegedly infringed;
  • Identification of material claimed to be infringing, reasonably sufficient to permit Grabbit to locate the material;
  • Information reasonably sufficient to permit Grabbit to contact the complaining party. This can be an address, phone number, email address, or other suitable method of contact;
  • A statement that the "complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law;"
  • A statement that the information in the notice is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the copyright owner;
  • A statement that You consent to the jurisdiction of Taiwan Court, and a statement that You will accept service of process from the person who provided notification of the alleged infringement to Us.

After receiving the report, Grabbit may remove or disable access to any potentially infringing material. Grabbit has the right to terminate any account or right of access to the Platform for infringement by the account holder, or person accessing the Platform, of Grabbit' or others' rights.

Force Majeure

  • We will not be deemed in default nor be liable or responsible to You for any cessation, interruption, failure or delay in fulfilling or performing any of these Terms due to causes beyond Our reasonable control including, but not limited to: earthquake, flood, fire, storm or other natural disaster, act of God, COVID-19, pandemic, labor controversy or threat thereof, civil disturbance or commotion, disruption of the public markets, war or armed conflict or the inability to obtain sufficient material, supplies, labor, transportation, power or other essential commodity or service required in the conduct of its business, including internet access, or any change in or the adoption of any law, ordinance, rule, regulation, order, judgment or decree.
  • If We suffer such events, We will use reasonable efforts to promptly notify You of such events, stating the period of time the occurrence is expected to continue. We will use diligent efforts to end the cessation, interruption, failure or delay and ensure the effects of such events are minimized. We will resume the performance of Our obligations as soon as reasonably practicable after the removal of the cause. In the event that Our cessation, interruption, failure or delay remains uncured for a period of ninety (90) consecutive days following written notice given by Us, We may thereafter terminate these Terms upon fifteen (15) days' written notice.

Privacy

In order to access certain features of the Platform or NFTs available within the Platform You may be required to provide your wallet address. Grabbit' Privacy Policy explains how Grabbit treats Your personal data and protects Your privacy when using the Platform. Any such information You provide to Grabbit must always be accurate, correct and up to date. Grabbit may provide Your personal information to third parties for the purposes of processing Your transactions and/or provisioning NFT for You.

Miscellaneous Terms

  • The Company name, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Platform are the trademarks of their respective owners.
  • If any provision of these Terms is found to be unlawful or unenforceable, then that provision will be deemed severable from these Terms and will not affect the enforceability of any other provisions.
  • These Terms of Use do not change Your rights under the laws of the country in which You reside if the laws of Your country do not permit it to legally change Your rights. You may have rights under the laws of the country in which You reside that are in addition to, or different from, the rights set forth in these Terms.
  • Neither party may assign or transfer any rights or obligations under this Agreement without the prior written consent of the other party, provided that Grabbit may assign this Agreement without Your prior consent to any of Grabbit' affiliates, or to its successors in interest of any business associated with the services provided by Grabbit. This Agreement shall be binding upon the permitted assigns or transferees of each party.
  • These Terms and our Privacy Policy constitute the entire legal agreement between You and Grabbit and will be deemed to be the final and integrated agreement between You and Us, and govern Your access to and use of the Platform, and completely replace any prior or contemporaneous agreements between You and Us related to Your access to or use of the Platform, whether oral or written.
  • The failure of Grabbit to exercise any right, power or remedy provided under this Agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by Grabbit with its obligations hereunder, and any custom or practice of the parties at variance with these Terms, shall not constitute a waiver by Grabbit of its right to exercise any such or other right, power or remedy or to demand such compliance.
  • These Terms will be governed by and construed under the laws of Taiwan, without giving effect to any conflict of laws rules or provisions. You agree that any action of whatever nature arising from or relating to these Terms, the Platform, or Your purchased NFTs, or Our services will be filed only in the Taiwan Taipei District Court. You consent and submit to the personal jurisdiction of such courts for any such action. The failure by Us to enforce any right or provision of these Terms will not prevent Us from enforcing such right or provision in the future. We may assign Our rights and obligations under these Terms, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law.
  • We may provide You with any notices by email or postings on the Platform. By providing Us with Your email address, You consent to Our using the email address to send You any notices. Notices sent by email will be effective when We send the email, and notices We provide by posting will be effective upon posting. It is Your responsibility to keep Your email address current.

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