These terms and conditions (the “Terms”) apply to The Curated software (the “Software”), the tools available at https://thecurated.app, and all associated resources, subdomains or otherwise related web pages (collectively, the “Website“) which include texts, images, audio, code, and other materials (collectively, the “Content”) and all of the features and services provided therein. The Software is a decentralized application based on the Polygon blockchain which permits users to generate, sell, buy NFTs. The Site, the Software, and any other features, tools, materials, or services offered from time to time are referred to here as the “Services.” Please read these Terms carefully before using the Software. By using or otherwise accessing the Software, or by clicking to accept or agree to these Terms where that option is made available, you (1) accept and agree to these Terms and (2) you accept and agree to any additional terms, rules, and conditions of participation that may be issued, made available on the Site or notified to you from time to time. If you do not agree with the Terms, then you may not access or use the Content or Software.
2. Amendment of Terms
These Terms may be amended, changed, or updated at any time, without prior notice to you. It is your obligation to continually review the Site to ensure that you fully understand these Terms (as well as ensuring that you maintain an accurate copy of the Terms). Your continued use of any Service, Content, or Software after the effective date of any amendments, changes, or updates constitutes your full acceptance of these Terms, as modified by such amendments, changes, or updates. If you do not agree with the Terms in effect when you access or use the Service, you must stop using the Service immediately.
3. License to Use
If you agree to comply with these Terms, you are granted the limited right to use the Site, the Software, and the Service. This right is a personal, restricted, non-exclusive, non-transferable, non-sublicensable, revocable, limited license, and it is subject to the limitations and obligations outlined in these Terms. Nothing in these Terms gives you any license (other than as set out in this paragraph), right, title, or ownership of, in, or to the Site, any of the Services, the Content, or the Software. The Site may suspend or terminate its Services for you, your account, your digital token wallet, or any of your digital token addresses at its sole absolute discretion, as may be required by applicable laws, or where it is determined that you have violated, breached, or acted inconsistently with any of these Terms.
4. Disclaimer of Warranties
Your use of the Software, its content, and any associated Services is at your own risk. the Software, its content, and any associated Services or items obtained through the software are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. All persons, entities, agents, and members involved with the creation of the Software (collectively “Members“) make no warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the Software and Service. Without limiting the foregoing no Member represents or warrants that the Software, Service or items obtained through the Software will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that the items obtained through the Software will meet your needs or expectations. Members hereby disclaim all warranties of any kind, whether express or implied, statutory, or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for a particular purpose. The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.
5. Disclaimer of Fiduciary Duties
To the fullest extent permitted by law and notwithstanding any other provision of these Terms or applicable provisions of law, any and all fiduciary duties the Members or any related entities and agents may have to the user, its affiliates, or the end users of the Service, the site or its content shall be eliminated, provided that such exclusion or limitation of liability shall not extend to misappropriation of assets or funds of the users, its affiliates, or the end users of the Services, site or content provided by the Members or any related entities and agents or other acts or omissions that constitute a bad faith violation of the implied contractual covenant of good faith and fair dealing.
You acknowledge the following risks related to your use of The Curated, the Site, the Software, and its Services: 6.1 Legislative and regulatory changes or actions may adversely affect the use, transfer, exchange, and value of crypto-assets. 6.2 The Curated software may experience delays, changes to the network, failure, or a critical issue. The Software and its Members do not own or control the Polygon blockchain and are not responsible for its operation, therefore they make no guarantees or representations regarding the network’s security, functionality, or availability. 6.3 As The Curated is a native Polygon blockchain application based on the smart contract, it may be compatible with software or other technology provided by a third-party. Where the Polygon cryptographic asset trades or is available on third-party exchanges, the Software and its Members do not guarantee the security or functionality of any third-party software and/or exchanges and are not responsible for any losses of or related to Polygon due to the failure of third-party software or technology. 6.4 Transactions in Polygon, Ethereum crypto assets may be irreversible, and accordingly, losses due to fraudulent or accidental transactions may be unrecoverable. 6.5 The value of some crypto-assets may be derived from the continued willingness of market participants to exchange fiat currency for these assets, which may result in permanent and total loss of value of a particular crypto-asset should its market disappear. 6.6 The volatility and unpredictability of the price of crypto-assets relative to fiat currency may result in significant loss over a short period of time. 6.7 That all crypto assets, including Polygon and Ethereum, may be subject to an increased risk of fraud or cyberattack. 6.8 The Terms do not disclose all of the risks associated with using The Curated, the Site, the Software, and the Services. You acknowledge and agree that you are solely responsible for determining the nature, potential value, and suitability of those risks for you in light of your own circumstances and financial resources. The Software and its Members will not, under any circumstances, give tax advice, legal advice, or other professional advice in the course of your use the Site, the Software, and the Services. No materials on our Site, including FAQs or blogs, shall be considered tax advice, legal advice, or investment advice. You further acknowledge and agree that you shall access and use The Curated, the Site, the Software and the Services at your own risk.
You agree to indemnify, defend, and hold harmless the Members and any related entities, as well as the officers, directors, employees, shareholders and representatives of the Software, from and against any and all losses, liabilities, expenses, damages, costs (including attorneys' fees, fees or penalties imposed by any regulatory authority and court costs), claims, or actions of any kind whatsoever arising or resulting from your use of The Curated, the Site, the Software, and the Services, your violation of these Terms, your violation of any law, rule, or regulation, or the rights of any third party, and any of your acts or omissions that implicate publicity rights, defamation or invasion of privacy.
8. Limitation of liability
You expressly acknowledge and agree that you assume full responsibility for your use of the Site, the Software, and the Services. You expressly acknowledge and agree that any information you send or receive during your use of the Site, the Software, and the Services may not be secure and may be intercepted or later acquired by unauthorized parties. You acknowledge and agree that you shall access and use The Curated, the Site, the Software and the Services at your own risk. To the fullest extent permitted by applicable law, neither the Members nor any related entities, suppliers or licensors will be liable to you for any direct, indirect, incidental, special, consequential, punitive, exemplary or other damages of any kind, including without limitation damages for loss of profits, goodwill, use, data or other tangible or intangible losses or any other damages based on contract, tort, strict liability (even if any of the Members or related entities had been advised of the possibility of such damages); the use or the inability to use the site or Service; unauthorized access to or alteration of your data; statements or conduct of any third party on the site or service; human errors; technical malfunctions; failures, including public utility or telephone outages; omissions, interruptions, latency, deletions or defects of any device or network, providers, or software (including, but not limited to, those that do not permit participation in the services); any injury or damage to computer equipment; inability to access The Curated, the Site, the Software and the Services; theft, tampering, destruction, or unauthorized access to, images or other content of any kind; data that is processed late or incorrectly or is incomplete or lost; typographical, printing or other errors, or any combination thereof; or any other matter relating to The Curated, the Site, the Software and the Services. Where a jurisdiction does not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages,, some of the above limitations may not apply to you. If you are dissatisfied with any of the Services or with this agreement, your sole and exclusive remedy is to discontinue use of the Services. The Curated, the Site, the Software, and the services are provided “as is“ and without any representation or warranty, whether express, implied or statutory. The Members, their affiliates, respective officers, directors, agents, joint venturers, employees, and suppliers specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose or non-infringement.
9. Intellectual Property Rights
We grant you a limited, non-exclusive, non-sublicensable, and non-transferable license to access and use The Curated, the Site, the Software, and the Services. All title, ownership, and intellectual property rights in The Curated, the Site, the Software, and the Services are owned by the Members, related entities, or their licensors. You acknowledge and agree that the Services contain proprietary and confidential information that is protected by applicable laws, including intellectual property laws. You agree not to copy, modify, rent, lease, loan, sell, distribute, perform, display, or create derivative works based on the Services, in whole or in part.
10. Third-Party Content
The Software, on a best endeavors basis, attempts to provide accurate and reliable information and content on the Site, but such information may not always be correct, complete, or up-to frasl;-date. We will update the information on the Site as necessary to provide you with the most up-to-date information, but you should always verify this information’s actuality. The Site may also contain links to third-party websites, applications, events, or other materials (“Third Party Content”). Such information is provided for your convenience and links or references to Third Party Content do not constitute a recommendation of any products or services. The members and any related entities shall have no liability for any losses incurred as a result of actions taken in reliance on the information contained on the website or in any Third Party Content.
11. Termination and Suspension
We may terminate or suspend access to Services in whole or in part immediately and without prior notice or liability should you breach any of your obligations under the Terms or in our absolute discretion. Upon termination of your access, your right to use The Curated, the Site, the Software, and the Services is forfeited immediately. The following provisions of the Terms survive any termination of these Terms: Indemnity; disclaimer of warranty; limitation on liability; intellectual proprietary rights; links; termination and suspension; no third-party beneficiaries; binding arbitration and class action waiver; general information.
12. No Third-Party Beneficiaries
You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to the Terms.
13. Prohibited Use
You may not use The Curated, the Site, the Software, or the Services to engage in the following categories of activity ('Prohibited Uses'):
In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US, EU, or any other country).
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
To transmit any advertising or promotional material, including any “junkmail,” “chain letters,” “spam,” or any other related solicitation.
To impersonate or attempt to impersonate the Software, the Member, another user, or any other person or entity.
In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
To engage in any other conduct that restricts or inhibits anyone’s use of The Curated, the Site, the Software, and the Services, or which, as determined by us, may harm or offend the Software or users of the Software or expose them to liability.
In order to disguise the proceeds of (or to further) any breach of applicable laws or regulations, or to deal in The Curated or other digital assets, funds, which may be the proceeds of illicit activity.
To interfere with or subvert our rights or obligations, or the rights or obligations of any other user or any other third party To engage in conduct that is detrimental to us or to any other user or any other third-party.
To falsify or materially omit any information, or provide misleading information we request in the course of, directly or indirectly relating to, or arising from your activities when using The Curated, the Site, the Software, and the Services.
To reverse-engineer, decompile, or disassemble any software running on the Software, or to attempt to harm us with your access to The Curated, the Site, the Software, and the Services.
14. Communication / Notice
You agree that we will use the e-mail address your have provided us to send you e-mails relating to the management and operation of the Site, the Software, and the Services.
15. Governing Law
These Terms and all non-contractual or other obligations arising out of or in connection with them are governed by the laws of England and Wales.
16.1 These Terms (including regarding the existence, validity or termination of these Terms), all non-contractual obligations arising from or connected with them and the use of the Software, the Site and Services shall be governed by and construed in accordance with the laws of England and Wales, excluding its conflict of law rules. 16.2 The parties agree to submit to the exclusive jurisdiction of the courts of England and Wales, provided, however, that we shall have the right, at our sole option, to initiate proceedings against you in any other court of competent jurisdiction.
17. Entire Agreement
These Terms (including any information incorporated by reference herein) comprise the entire agreement between you and us covering your use of the Site, the Software, and the Services.
If any court or competent authority decides that any provision of these Terms are invalid, unlawful or unenforceable to any extent, such term shall, to that extent only, be severed from the remaining terms. The remaining terms shall continue to be valid to the fullest extent permitted by law.