Please read these Terms of Conditions (the “Terms“) and our Privacy Policy (“Privacy Policy“) carefully, as they govern your use of the website located at [https://anim4rt.io] and these subdomains regarding the content and features accessible through the Site. (Herein referred to as the “Site”) offered by Anim4rt, LLC.
Anim4rt maintains the site as a portal for information, news, and updates on non-fungible tokens known as “Anim4rt”. These Terms govern your use of the Site. Additionally, if you hold an Anim4rt NFT, your acquisition, use, and transfer of that Anim4rt (and related art) will be subject to and governed by the Anim4rt NFT Terms and Conditions.
For the avoidance of doubt, Anim4rt does not control the Ethereum blockchain protocol (referred to herein as “Protocol”) over which Anim4rt NFTs are tradable or usable and cannot control activity or data on the Protocol, validation of transactions on the Protocol, or the use of the Protocol.
Purchasing NFTs and engaging in cryptocurrency transactions involve risks, including but not limited to financial loss, and volatility. Please read our comprehensive Risk Disclosure section before making any transactions.
Anim4rt is not a wallet provider, exchange, broker, reseller, financial institution, payment processor, money services business, or creditor. Anim4rt provides a Web3 service that allows the purchase of NFTs available on the Ethereum blockchain.
We do not have custody or control of the blockchains you might interact with. To use our Service, you must use a third-party wallet that allows you to transact on blockchains.
By using our Site, you agree to be bound by these Terms. If you do not wish to be bound by these Terms, do not use the Site.
We may suspend or terminate your access to and use of the Site at our sole discretion, at any time, and without notice.
Please see our Privacy Policy – which also governs your use of the Site – for more information on how we collect, use, and share your information.
You are solely responsible for your own conduct when accessing or using the Site, and for any consequences of such use. You agree to use the Site only for lawful, appropriate, and compliant purposes, in accordance with these Terms and any applicable laws or regulations. For example, and not as a limitation, you or any third party are hereby not permitted to:
If you engage in any of the prohibited activities in this section, we may, at our sole and absolute discretion, without notice, and without limiting any of our other rights or remedies under law or equity, suspend or terminate your user account immediately and permanetly.
We may update the Terms from time to time at our sole discretion. If we do, we will notify you by posting the updated Terms on the Site. It is important that you review the Terms whenever we update them, or whenever you use the Site.
If you continue to use the site after we post updated terms, it means that you accept – and by extension – accept the changes. If you do not agree to be bound by the modifications, you may no longer use the Site. We may modify or discontinue any part of the Site, at any time and without notice, at our sole discretion.
You may only use the Site if you are at least 18 years old, capable of entering into a binding contract with Anim4rt, and are not otherwise prohibited from using the Site under applicable law.
Herein, “Services” actually means the purchase, sale, or display of NFT.
You must create an account with Anim4rt to use our services. When creating an account, we will ask you for personal information. We may ask you, at our sole discretion, to provide additional information and/or documents. If you do not provide complete and accurate information and/or required documents in response to such a request, we may refuse to provide the Services to you.
Your Anim4rt account is subject to the following conditions:
You can only open one account on Anim4rt. If we have a reasonable suspicion that you have opened multiple accounts on Anim4rt, we reserve the right to take any action we deem appropriate – including, but not limited to, closing and/or freezing your accounts.
You understand and agree that access to your Anim4rt account is limited to you alone. You agree not to sell, rent or grant access to your Anim4rt account to anyone without our prior written permission.
You understand and agree that you are solely responsible for maintaining the security of your account and for controlling all usernames, passwords, or other codes you use to access the Services. Any unauthorized access to your account by third parties could result in the loss or theft of your Anim4rt NFTs and/or funds held in your account and any associated accounts – including your linked bank accounts and credit cards. You understand and agree that you will not hold us responsible for managing and maintaining the security of your account.
You further understand and agree that we are not responsible (and you will not hold us responsible) for any unauthorized access to or use of your account. You are solely responsible for monitoring your account. If you notice any unauthorized or suspicious activity on your account, please notify us immediately and provide all relevant details.
By purchasing on Anim4rt, you agree to pay all applicable fees, and you authorize Anim4rt to automatically deduct the fees directly from your payment.
You agree and understand that we will communicate with you electronically (via e-mail). To ensure that you receive all our communications, you agree to keep your email address and contact details up-to-date and to notify us if they change. You agree that all notices, agreements or other communications delivered to your registered email address shall be deemed valid.
If Anim4rt has no record of your use of the Service for several months or years, we will assume these unclaimed services have been abandoned. If this happens, we will use reasonable efforts to notify you in writing. If you do not respond within seven working days, these services will be identified as unclaimed, and you will lose all rights to them. You will no longer be able to benefit from or benefit from these services. We reserve the right to deduct inactivity fees or administrative fees from these unclaimed funds, as permitted by applicable law.
You agree that Anim4rt has the right to immediately suspend your account, or cancel your access to the Services, or close your account if we suspect, in our sole discretion, that:
(1) your account is being used for money laundering or any illegal activity;
(2) you have concealed or provided false identifying information or other details;
(3) you have engaged in fraudulent activity;
(4) you acquired ANIM4T NFTs using improper methods (including, but not limited to, using stolen funds or payment methods, or opening a dispute with your bank or PayPal account) ;
(5) you use, employ, or operate bots or other forms of automation and/or multiple accounts to engage in any activity on Anim4rt;
(6) you have otherwise acted in breach of these Terms of Service.
If Anim4rt believes you have violated rules (1), (2), (3), (4) or (5) above, anim4t reserves the right, in its sole discretion, to confiscate any NFT Anim4rt as well as to cancel the transfer of your NFT Anim4rt to your wallet. Anim4rt will considering any purchases made in connection with such activities null and void. No refund, credit or credit will be given.
We welcome your feedback on the site, but please do not send us suggestions for improvements, creative ideas, designs, presentation portfolios, or other materials (referred to herein as “Unsolicited Ideas”).
This policy is intended to avoid potential conflicts or misunderstandings when our site may seem similar to unsolicited ideas that people submit to us. We may currently be developing, have already developed, or in the future will develop ideas or materials internally, or receive ideas or materials from other parties, which may be similar to unsolicited ideas. If you ignore this policy and send us your unsolicited ideas anyway, you hereby grant us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable, and transferable license under all terms and conditions. Any intellectual property or other rights you own or control to use, copy, modify, create derivative works based on, make, cause to be made, sell, offer for sale, import and exploit in any way or medium are hereby known now or in the future about your unsolicited ideas for any purpose, without compensation to you.
We may make available via the Site content subject to intellectual property rights. We or our licensors, or third parties who otherwise own the intellectual property rights, retain all rights to such content.
All content on this website, including but not limited to text, graphics, logos, and images, is the property of Anim4rt or its licensors and is protected by intellectual property laws. When you purchase an NFT through Anim4rt, you are granted a non-exclusive, non-transferable, revocable license to use the NFT in accordance with the specific terms set forth by Anim4rt. You do not acquire ownership rights to any content, document, or other materials viewed through the site.
You agree not to do any of the following:
A- To use, display or frame in any way the site or any individual element of the site, but also the name of Anim4rt. As well as any Trade Mark, logo or other proprietary information of Anim4rt without the express written consent of Anim4rt.
B- To use, display or frame the layout and design of any page or form contained on a page or copy text, without the express written consent of Anim4rt.
C- To access, alter, or use in any way the non-public areas of the Site, Anim4rt’s computer systems or the technical systems of Anim4rt’s suppliers.
D- To attempt, analyze or test in any way the vulnerability (or the absence of vulnerability) of any system or network of the Site, or violate any security or authentication measure, available, accessible or linked to the Site.
E- Avoid, circumvent, remove, disable, alter or in any way whatsoever, any measure implemented by Anim4rt or one of Anim4rt’s suppliers or any other third party (including a other user) to protect the Site. But, without limitation, attempting, or actually accessing or searching the Site, or downloading content (or any part thereof) from the Site, using any engine, software, tool, agent, device or other mechanism (including robots, data mining tools or the like) or modality other than software and/or search agents expressly provided by Anim4rt or other web browsers third parties generally available.
F- To access or use the Site, or any part or element thereof, for any commercial purpose or for the benefit of any third party, or in any other manner not permitted by these Terms; attempt or actually decipher, decompile, disassemble any software used to provide the Site, or any element thereof, or any of the Systems; interfere or attempt to interfere with the access of any user, host or network, including without limitation sending a virus, overloading, flooding, spamming or mail-bombing the Site or any System; impersonate or misrepresent your affiliation with any person or entity – including, but not limited to, Anim4rt or any representative or agent thereof; violate any applicable law or regulation; or directly or indirectly encourage or enable any other person to do any of the foregoing.
Anim4rt is not obligated to monitor access to or use of the Site or to review or modify any content of the Site. However, we have the right to do so for the purposes of operating the Site, ensuring compliance with these terms and complying with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to the Site (or any element or content thereof), at any time without notice, including, without limitation, at our sole discretion. We have the right to investigate actual and suspected violations of these Terms or other conduct that affects the Site. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
The Site may allow you to access third-party websites or other resources. We provide access only as a convenience, and are not responsible for the content, products, or services on or available from any such resources or links displayed on such websites.
You acknowledge that you are solely responsible for and assume all risks that would arise from your use of any Third-Party Resources.
The site is provided “as is”, without warranty of any kind. Without limiting the foregoing, we expressly disclaim all implied warranties of merchantability, fitness for a particular purpose, quiet enjoyment and non-infringement, and any warranties arising from course of dealing or usage of trade. We do not warrant that the Site will meet your requirements or be available on an uninterrupted, secure, or error-free basis.
We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any information or content on the site. Any reliance you place on such information or content is strictly at your own risk. To the extent that the Site allows you to interact with the Protocol, you understand that your use of the Protocol is entirely at your own risk.
The Protocol is available “as is” without warranty of any kind, express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, quiet enjoyment, and non-counterfeit. You assume all risks associated with the use of the Protocol, Digital Assets and decentralized systems generally, including but not limited to the fact that Digital Assets are highly volatile – you may not have easy access to assets, and you risk losing some or all of your non-fungible tokens or other assets. You agree that you will have no recourse against Anim4rt for any loss due to your use of the Protocol. For example, these losses may result from or be related to:
To the maximum extent permitted by law, neither Anim4rt nor its service providers involved in the creation, production or delivery of the site shall be liable for any incidental or consequential damages, or damages for lost profits, loss of revenue, loss savings, loss of business opportunity, loss of data or goodwill, service interruption, computer damage or system failure, or the cost of substitute services of any kind arising out of or in connection with these terms or use or inability to use the site, whether based on warranty, contract, tort (including negligence), product liability, or any other theory legal, and whether or not Anim4rt or its service providers have been advised of the possibility of such damages, even if any limited remedy set forth herein has failed of its essential purpose.
These Terms, and any action related thereto, shall be governed by the law in force in the State of Delaware, USA without regard to its conflict of law provisions. Except as expressly provided otherwise in Section 10 “Dispute Resolution,” exclusive jurisdiction for all Disputes (as defined below) shall be the state and federal courts in the State of Delaware and the City of Middletown, and you and Anim4rt each waive any objection to the jurisdiction and venue of such courts.
The arbitration will be conducted by the American Arbitration Association (“AAA”) in accordance with its consumer arbitration rules (the “AAA Rules”), then in effect, except as modified by these Terms. All arbitration hearings will be held in the city of Middletown Delaware, unless the parties both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all questions relating to the interpretation, applicability, enforceability, and scope of these terms.
Payment of all court filings, administration, and arbitrator fees will be governed by the rules of the American Arbitration Association, and Anim4rt will not seek to recover administration and arbitrator fees for which Anim4rt is responsible, except unless the arbitrator finds that your dispute is not legitimate or has no legal basis. If Anim4rt prevails in arbitration, Anim4rt reserves the right to recover all of its attorneys’ fees and expenses from you. If you prevail in the arbitration, you will be entitled to compensation for attorneys’ fees and expenses to the extent provided by applicable law.
Except as provided in Section 10(a) above, the arbitrator shall decide all questions of liability on the merits of any claim asserted by either party and may grant declaratory judgments or an injunction only in favor of the individual party seeking relief, and only to the extent necessary to provide relief warranted by that party’s individual claim.
You and Anim4rt agree that each party may bring claims against the other solely in its individual capacity, and not as a plaintiff or member of a class in any corporate or representative proceeding. Further, if a Dispute is resolved by arbitration, the arbitrator may not consolidate another person’s claims with any party’s claims, and may not otherwise preside over any form of representation or class action.
If an arbitrator or a court of competent jurisdiction decides that any part of these Terms is invalid or unenforceable, the other parts of these Terms will still apply.
Anim4rt and its licensors exclusively own all rights, titles, and interests relating to the Site, including all associated intellectual property rights. You acknowledge that the Site is protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated into or accompanying the Site.
These Terms constitute the entire and exclusive understanding and agreement between Anim4rt and you regarding use of the Site, and these Terms supersede current and all prior oral or written understandings or agreements between Anim4rt and you regarding the Site. If any provision of these Terms is held to be invalid or unenforceable by an arbitrator or court of competent jurisdiction, that provision will be enforced to the maximum extent permitted and the remaining provisions of these Terms will remain in full force and effect. Except as provided by applicable law in your jurisdiction, you may not assign or transfer these Terms, by operation of law or otherwise, without the prior written consent of Anim4rt. Any attempt by you to assign or transfer these Terms without our consent or your legal right without such consent will be null and void in its entirety. Anim4rt may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and any permitted assigns.
Users undertake to indemnify and hold harmless Anim4rt from any claim, demand, damage or expense resulting from their use of the site in violation of the terms of use.
Any notices or other communications provided by Anim4rt under these Terms will be given by posting on the Site.
Anim4rt’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. Waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Anim4rt. Except as expressly provided in these Terms, the exercise by either party of any of its remedies under these Terms shall be without prejudice to its other remedies under these Terms or otherwise.
Your access to and use of the Service may be interrupted from time to time for any of several reasons – including, without limitation, equipment malfunction, periodic updates, maintenance or repairs of the Service, geographical restrictions, potential violation of these Terms, or other actions that Anim4rt, in its sole discretion, may choose to take. You understand that Anim4rt, at its sole discretion, may deactivate your account and/or reassign your username or associated URL.
