Terms & Conditions — Ebisu's Bay

Last Updated: July 30, 2026

PLEASE READ THESE TERMS CAREFULLY. THEY GOVERN YOUR ACCESS TO AND USE OF THE EBISU'S BAY NFT MARKETPLACE.

These Terms and Conditions ("Terms") govern your access to and use of the Ebisu's Bay NFT marketplace (the "Platform," and "we," "us," "our," or "Ebisu's Bay"). By accessing, browsing, connecting a wallet to, or otherwise interacting with the Platform, you agree to be bound by these Terms and by any additional terms presented to you in connection with a specific feature. If you do not agree to these Terms, you must not use the Platform.

Certain features — including Drops, Mystery Boxes, and Buy Competitions — may carry their own additional rules published alongside them. Where those rules conflict with these Terms, the feature-specific rules control for that feature only.


Who We Are

Ebisu's Bay is a non-fungible token (NFT) marketplace on the Cronos blockchain, available at https://ebisusbay.com/ and its subdomains. The Platform provides an interface for:

  • Browsing, searching, and filtering NFT collections, including rarity ranks and per-trait floor pricing
  • Listing NFTs for sale individually or in bulk, editing listings, and cancelling them
  • Buying NFTs individually or sweeping multiple items in a single transaction
  • Making, updating, cancelling, and accepting Offers on individual tokens and Collection Offers across a whole collection
  • Drops — primary sales and mints published by third-party creators
  • Mystery Boxes — probabilistic digital items
  • Buy Competitions — promotional purchase-ranked contests
  • Collection management tools for creators
  • Public profiles, activity feeds, achievements, levels, and leaderboards
  • A built-in token swap interface

Ebisu's Bay is operated and maintained by the Ebisu's Bay team (the "Operator"). References in these Terms to "Ebisu's Bay," "we," "us," or "our" mean the Operator of the Platform.


What Ebisu's Bay Is Not

Ebisu's Bay is a venue, not a counterparty. This is the single most important thing to understand about the Platform:

  • We are not the seller, buyer, or issuer of any NFT listed, minted, or traded on the Platform. Every sale is a peer-to-peer transaction between a Seller and a Buyer, settled by smart contracts on the Cronos blockchain.
  • We never take custody of your NFTs. Items remain in your wallet until a smart contract you have authorised transfers them.
  • We are not an auction house, broker, dealer, agent, appraiser, escrow agent, or fiduciary for you or anyone else, and no such relationship is created by your use of the Platform.
  • We do not authenticate, appraise, verify title to, or guarantee the legality, originality, or value of any NFT, Collection, or Drop.
  • We do not provide investment, financial, tax, or legal advice. Floor prices, rarity ranks, trait floors, volume figures, leaderboards, and historical sale data displayed on the Platform are informational only, are derived from on-chain and third-party data that may be incomplete, delayed, or wrong, and are not a valuation, price guarantee, or recommendation.

Definitions

  • "Applicable Law" — Any law, statute, regulation, code, ordinance, norm, court decision, order, decree, or any other normative or administrative act of any jurisdiction, provided that any of the above has a binding effect by itself.
  • "Authority" — Any statutory governmental, judicial, or other authority, or any of their authorized representatives.
  • "Blockchain" — A system of recording information using cryptography, duplicated and distributed across a network of computers, in a way that makes it difficult or impossible to change, hack, or cheat the registered data. The Platform operates principally on the Cronos Blockchain.
  • "Buy Competition" — A promotional contest in which purchases made on the Platform during a defined period are ranked and prizes may be awarded.
  • "Collection" — A set of NFTs deployed under a single smart contract, or a curated grouping of NFTs presented as such on the Platform.
  • "Collection Offer" — A bid placed against an entire Collection rather than a specific token, which any holder of a qualifying NFT in that Collection may accept.
  • "Creator" — Any person or entity that deploys, publishes, mints, or manages a Collection, Drop, or Mystery Box made available through the Platform.
  • "Drop" — A primary sale, mint, or launch of NFTs published by a Creator through the Platform.
  • "Escrow" — Native CRO committed to a smart contract in connection with an Offer or Collection Offer and held there until the Offer is accepted, cancelled, or expires; and, where applicable, sale or royalty proceeds held in the Platform's pull-payment contract until claimed.
  • "Gas Fee" — Fees charged by the Blockchain infrastructure for performing and validating a transaction, charged in the native Cryptocurrency of the relevant Blockchain.
  • "Listing" — An offer to sell an NFT at a stated price, published by a Seller through the Platform.
  • "Marketplace Fee" — The fee applied by the Platform to a completed sale, as displayed at the point of transaction.
  • "Mystery Box" — A digital item whose contents are determined probabilistically at or after the time of purchase or opening.
  • "NFT" — A non-fungible token: a digital asset recorded on a Blockchain that is unique or is one of a limited series, typically referencing off-chain or on-chain content.
  • "Offer" — A bid to purchase a specific NFT at a stated price.
  • "Platform" — The Ebisu's Bay NFT marketplace and all related interfaces, available at https://ebisusbay.com/ and its subdomains.
  • "Private Key" — A confidential alphanumeric cryptographic code uniquely associated with a Wallet, enabling its holder to access and control the associated digital assets.
  • "Public Address" — The sequence of characters that identifies a Wallet.
  • "Recovery Phrase" — The sequence of words generated when initiating a Wallet, allowing the user to re-access or re-configure that Wallet.
  • "Royalty" — A percentage of a secondary sale price payable to a Creator, typically declared on-chain under the EIP-2981 standard.
  • "Seller" and "Buyer" — The Users on either side of a transaction executed through the Platform.
  • "Smart Contract" — Self-executing code deployed on a Blockchain that governs listings, offers, sales, mints, royalties, and escrow.
  • "Sweep" — The purchase of multiple listed NFTs in a single batched transaction.
  • "User," "you" — Any person who accesses or uses the Platform.
  • "Wallet" — A technical solution allowing a User to store, send, or receive digital assets using Blockchain infrastructure.
  • "Ebisu's Bay" or "Operator" — The operator of the Platform, together with its affiliates, contractors, and service providers.

Eligibility, Age and Capacity

The Platform is available only to persons who are at least eighteen (18) years of age, or the age of legal majority in their jurisdiction if higher, and who have the legal capacity to enter into these Terms.

You are responsible for understanding and assuming the risks associated with NFTs, digital collectibles, Blockchain technology, and self-custody. You should exercise a high degree of caution and take responsibility for every decision you make in connection with the Platform.


Restricted Territories

Ebisu's Bay is not available to individuals or entities who reside in, are citizens of, are incorporated in, or have a registered office in any of the following jurisdictions (each a "Restricted Territory"). Any such person or entity from a Restricted Territory is a "Restricted Person":

European Union and European Economic Area

Ebisu's Bay is not available to any person or entity who resides in, is a citizen of, is located in, is incorporated in, or has a registered office in any member state of the European Union or the wider European Economic Area. For the avoidance of doubt, this includes:

Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, and Sweden.

No part of the Platform or its features is offered, marketed, advertised, or otherwise made available to the public in the European Union or the European Economic Area. Nothing on the Platform or in any related material constitutes, or is intended to constitute, an offer to the public of crypto-assets, an admission of crypto-assets to trading, a solicitation, or the provision of crypto-asset services within the European Union or the European Economic Area.

Other Restricted Territories

  • United States of America
  • Canada
  • United Kingdom
  • Afghanistan
  • Burma (Myanmar)
  • Burundi
  • Central African Republic
  • China, People's Republic
  • Congo, Democratic Republic
  • Crimea Region
  • Cuba
  • Eritrea
  • Guinea-Bissau
  • Guinea, Republic of
  • Hong Kong
  • Iran
  • Iraq
  • Korea, North
  • Lebanon
  • Libya
  • Mali
  • Russia
  • Singapore
  • Somalia
  • South Korea
  • South Sudan
  • Sudan
  • Syria
  • Venezuela
  • Yemen
  • Zimbabwe

If you are a Restricted Person, you are strictly prohibited from accessing or using Ebisu's Bay.

The use of virtual private networks (VPNs) or any other tools or methods to circumvent these geographical restrictions is strictly prohibited. Any attempt to disguise your location or identity in order to access the Platform from a Restricted Territory is a violation of these Terms and may result in immediate termination of access.

We have the right to choose the markets and jurisdictions in which to operate and may restrict or refuse the provision of the Platform in certain countries or regions at our discretion. We reserve the right to update the list of Restricted Territories at any time without prior notice.

Sanctions

You represent and warrant that you are not listed on, and are not acting on behalf of any person listed on, any trade embargo or economic sanctions list, including the United Nations Security Council sanctions list, the list of specially designated nationals maintained by OFAC, the Financial Action Task Force listings, the denied persons or entity lists of the U.S. Department of Commerce, or the EU Consolidated Financial Sanctions List.


Listings and Sales

When you list an NFT for sale, you authorise a Smart Contract to transfer that NFT on your behalf if and when a Buyer meets your stated price. You keep the NFT in your Wallet until that happens.

By creating a Listing, you represent and warrant that:

  1. You own the NFT, or are otherwise fully authorised to sell it
  2. The NFT is not subject to any lien, claim, or restriction that would prevent its transfer
  3. Your Listing does not infringe any third party's intellectual property, publicity, or other rights
  4. You are not listing the NFT in order to manipulate price, volume, rarity, or leaderboard standing

You are responsible for the accuracy of your Listing, including price and quantity. Listings, edits, cancellations, and bulk operations are on-chain actions that cost Gas Fees, and a cancellation is not effective until it is confirmed on-chain. A Listing may be filled at any moment before cancellation confirms.

Sweeps batch multiple purchases into a single transaction. Individual items in a Sweep may become unavailable between the time you build your cart and the time your transaction confirms; partial fills, price changes, and failed transactions are normal outcomes and are not our responsibility.

We may, at our discretion and without notice, hide, delist, or restrict any Listing, Collection, or item — including for suspected infringement, fraud, wash trading, malicious contract behaviour, or breach of these Terms. Hiding an item from the Platform interface does not remove it from the Blockchain and does not cancel any on-chain Listing.


Offers, Collection Offers and Escrow

When you make an Offer or a Collection Offer, your native CRO is committed to a Smart Contract and held in Escrow until the Offer is accepted, cancelled by you, or expires. While your funds are escrowed you cannot use them elsewhere.

You acknowledge that:

  • Offer behaviour — including how an Offer is increased, decreased, topped up, matched, expired, or refunded — is determined by the deployed Smart Contract code, not by the Platform interface. Where the interface and the contract behave differently, the contract governs.
  • Increasing an existing Collection Offer may be additive at the contract level, meaning the amount you send is added to your existing escrowed bid rather than replacing it. Review the amount displayed before confirming.
  • An accepted Offer executes immediately and irreversibly.
  • Reclaiming an escrowed bid requires an on-chain cancellation that costs a Gas Fee and is not effective until confirmed.
  • A Collection Offer may be accepted by any qualifying holder in the Collection, including on an item you did not anticipate.

We do not hold, control, or guarantee the return of escrowed funds. Escrow is a function of the Smart Contract.


Creator Royalties

Many Collections declare a Royalty payable to the Creator on secondary sales, typically under the EIP-2981 standard. Where a Royalty is declared and enforceable, it is deducted from sale proceeds and paid to the address the Creator has designated.

You acknowledge that:

  • We do not set, receive, guarantee, or enforce Creator Royalties. We read them from the Collection's Smart Contract.
  • A Collection may declare no Royalty, an incorrect Royalty, or a Royalty payable to an address the Creator no longer controls.
  • Royalty enforcement depends on the Collection contract and the marketplace contract, and may differ across venues.
  • Royalty rates may change if a Creator updates their contract.

Marketplace Fees and Proceeds

A Marketplace Fee applies to completed sales and is displayed at the point of transaction. The applicable fee is determined by the Platform at the time of the transaction. We may change the Marketplace Fee at any time; the fee shown when you confirm a transaction is the fee that applies to it.

Fees are separate from Gas Fees, which are charged by the Blockchain and are never received by us.

Where the Platform routes sale or royalty proceeds through a pull-payment Escrow contract, those proceeds are held until you claim them. Claiming is an on-chain action that costs a Gas Fee. Unclaimed proceeds remain in the contract; we do not hold them and cannot release them on your behalf.


Drops and Primary Sales

Drops are published by third-party Creators. The Creator, not Ebisu's Bay, is the seller and the offeror.

We do not audit Drop Smart Contracts, verify Creator identity, confirm that a Creator owns the rights to the content they mint, or guarantee that any stated supply, allowlist, mint price, reveal mechanic, utility, or roadmap will be honoured or delivered.

You acknowledge that a Drop may sell out, fail to sell out, be cancelled, be delayed, reveal content different from what was promoted, or never reveal at all; that mint transactions may fail while still consuming Gas Fees; and that a Creator may abandon a project after minting. Any claim arising from a Drop lies against the Creator, not against us.


Mystery Boxes

Mystery Boxes contain items determined probabilistically. Any stated odds, rarity tiers, or pool contents are provided by the relevant Creator or by the Platform for the specific promotion and may be implemented on-chain or off-chain.

You acknowledge that:

  • The value of what you receive may be, and frequently will be, less than what you paid
  • Outcomes are final. There is no refund, re-roll, exchange, or compensation for an outcome you did not want
  • Randomness on a public Blockchain has known technical limitations, and no outcome is guaranteed to be unpredictable, unbiased, or free from manipulation by parties with privileged access to the underlying mechanism
  • Mystery Boxes are digital items sold for entertainment and collectible purposes and are not a lottery, wager, game of chance for money, or investment product

Do not purchase Mystery Boxes with funds you cannot afford to lose. If purchasing items of this kind is restricted or prohibited where you live, you must not purchase them.


Buy Competitions and Promotional Rewards

Buy Competitions and similar promotions rank Users by qualifying purchases during a defined period and may award prizes.

Participation is voluntary and promotional. Prizes are discretionary and are not consideration, compensation, an entitlement, or a return on any investment. We may set, change, or clarify competition rules; extend, shorten, suspend, or cancel a competition; recalculate rankings to correct errors; and disqualify any participant whose activity we reasonably consider to be wash trading, self-dealing, coordinated multi-wallet manipulation, or otherwise abusive — with or without notice, and without any obligation to award a prize.

Rankings displayed during a competition are provisional until finalised. Prize distribution may be manual and may take time.


User-Submitted Content, Collections and Metadata

Creators and Users may submit content to the Platform, including Collection names, descriptions, images, banners, avatars, social links, usernames, profile details, and metadata or image URL templates used to index a Collection.

By submitting content, you:

  1. Represent and warrant that you own or have all necessary rights to it, and that it does not infringe any third party's rights or violate Applicable Law
  2. Grant us a worldwide, non-exclusive, royalty-free, sublicensable licence to host, cache, mirror, resize, reindex, reformat, and display that content for the purpose of operating and promoting the Platform
  3. Accept that we may fetch, cache, and re-fetch metadata and media from URLs you provide, including custom metadata and image URL templates, and that we may re-index a Collection at any time

We may remove, modify, or refuse to display any submitted content at our discretion.

You must not submit content that is unlawful, infringing, deceptive, malicious, or designed to impersonate another Collection, Creator, or brand.


Intellectual Property in NFTs

This section is important and is frequently misunderstood.

Buying an NFT transfers the token. It does not, by itself, transfer copyright or any other intellectual property right in the underlying artwork, image, media, or content.

Any rights you receive in the content associated with an NFT are solely those the Creator has separately granted you, under whatever licence that Creator publishes. Those rights vary enormously between Collections — some grant broad commercial rights, some grant a narrow personal-use licence, and many grant nothing at all in writing.

Ebisu's Bay:

  • Does not grant you any rights in any NFT's underlying content
  • Does not verify, interpret, enforce, or guarantee any Creator's licence terms
  • Is not a party to any licence between you and a Creator
  • Makes no representation that a Creator owns the rights to content they have minted

Before buying, read the Creator's licence. If there is no published licence, assume you are acquiring the token only.

Platform Intellectual Property

The Platform itself — including its software, interfaces, design, branding, logos, text, and compilations of data — is owned by us or our licensors and is protected by intellectual property laws. The Ebisu's Bay name and logos are our trademarks and may not be used without prior written permission.

You are granted a limited, non-exclusive, non-transferable, revocable licence to access and use the Platform for its intended purpose. You may not copy, modify, distribute, scrape, republish, or create derivative works from the Platform or its data without our prior written consent.


Infringement Notices and Takedowns

We do not pre-screen Collections or user-submitted content, and copy-minting — minting NFTs of artwork the minter does not own — is a known problem across all NFT marketplaces.

If you believe content displayed on the Platform infringes your intellectual property rights, contact us at [email protected] with:

  1. Identification of the work you claim is infringed
  2. Identification of the Collection, token, or content on the Platform you claim is infringing, with a link
  3. Your contact details
  4. A statement that you have a good-faith belief the use is not authorised by the rights holder or the law
  5. A statement, made under penalty of perjury where applicable, that the information in your notice is accurate and that you are the rights holder or authorised to act on their behalf

We will review notices we receive and may hide or delist the affected content. The party whose content was removed may submit a counter-notice to the same address. We may restrict or terminate the accounts and access of repeat infringers.

Removing content from the Platform does not remove it from the Blockchain. We cannot burn, alter, or reclaim an NFT minted by someone else.


No Curation, Verification or Endorsement

Badges, verification marks, "featured" placement, curated shelves, rarity ranks, trait floors, leaderboards, and similar Platform features are informational and editorial only. They are not:

  • An endorsement, recommendation, or approval of a Collection or Creator
  • A representation that a Collection is authentic, original, safe, legally compliant, or a good purchase
  • The result of any legal, technical, or financial due diligence
  • A valuation or price signal you should rely on

Rarity ranks and trait floors are calculated from indexed data and active listings, and they change as the market changes. Different platforms calculate them differently. Treat them as one input among many, never as a fact about value.

Do your own research before every purchase.


Prohibited Conduct

You must not:

  • Engage in wash trading, self-dealing, or coordinated multi-wallet activity intended to inflate volume, price, rarity signals, competition standings, achievements, levels, or leaderboard position
  • List, mint, or promote NFTs whose content you do not own or have the right to use, including copy-mints and impersonations of other Collections
  • Use the Platform to launder proceeds of crime, evade sanctions, or finance illegal activity
  • Attempt to identify or exploit vulnerabilities in the Platform, its Smart Contracts, or any third-party integration, or interfere with security or authentication measures
  • Introduce viruses, worms, or other malicious material, attempt unauthorised access to our systems, or attack the Platform by denial-of-service or similar means
  • Scrape, crawl, or bulk-extract Platform data other than through interfaces we make available, or use bots to gain an unfair advantage in Drops, Sweeps, or competitions
  • Misrepresent your identity or location, or circumvent geographic or access restrictions
  • Use the Platform on behalf of a Restricted Person

We may investigate suspected violations and take any action we consider appropriate, including hiding or delisting content, restricting or terminating access, disqualifying competition entries, and reporting to the competent authorities. Breach of the security provisions above may constitute a criminal offence, and we will cooperate with law enforcement in such cases.


Token Swap Feature

The Platform includes an interface for swapping tokens on supported networks. That feature routes through third-party decentralized exchange liquidity and carries its own risks, including slippage, failed transactions, price impact, and third-party protocol failure. See our Risk Disclosure. We are not the counterparty to any swap.


Security and Self-Custody

Ebisu's Bay does not have access to, custody of, or control over your Wallet, your Private Keys, or your digital assets. Losing control of your Private Keys will permanently and irreversibly deny you access to your assets, and neither we nor anyone else will be able to retrieve them.

You are solely responsible for:

  • Keeping your credentials, Private Keys, and Recovery Phrase confidential and backed up
  • Reviewing every transaction and token approval before signing it
  • Verifying that you are on the correct website and interacting with the correct Collection contract
  • Any action taken through your Wallet, whether by you or by anyone else

Any action taken in connection with your Wallet is deemed to have been taken by you. We are not liable for loss caused by authorised or unauthorised use of your Wallet, including loss caused by phishing, social engineering, malicious approvals, fraudulent websites impersonating the Platform, or malware.

No Refunds

All transactions performed in connection with the Platform are irreversible and final, and there are no refunds — including purchases, sales, mints, Sweeps, Offers, Mystery Box openings, and transfers. We are not liable for transactions performed on similar, cloned, or fraudulent sites or contracts.


Inherent Risks

By using the Platform you accept the risks inherent in NFTs, Blockchains, and Smart Contracts, including but not limited to:

  • Total loss of value — NFTs are illiquid, speculative, and frequently trade below their purchase price or become unsellable entirely
  • Illiquidity — there may be no buyer for your NFT at any price, at any time
  • Metadata and media failure — NFT content commonly lives off-chain on IPFS, Arweave, or a Creator's own server, and may become unavailable, be altered, or disappear if hosting lapses; the token may survive while the image does not
  • Smart Contract vulnerabilities — bugs, exploits, or logic errors in Collection contracts, marketplace contracts, or escrow contracts may cause loss of NFTs or funds, even in audited contracts
  • Creator abandonment — a Creator may stop developing, supporting, or funding a Collection at any time
  • Copy-minting and fraud — counterfeit Collections, impersonated Creators, and fraudulent Drops are common across all NFT marketplaces
  • Failed or front-run transactions — including failed mints and Sweeps that consume Gas Fees without delivering an item
  • Indexing errors — displayed ownership, rarity, traits, floors, and history are derived from indexed data that may be delayed, incomplete, or incorrect
  • Blockchain network risks — congestion, forks, reorganizations, or validator attacks affecting finality
  • Regulatory uncertainty — including future laws that may restrict or prohibit NFTs, digital collectibles, or marketplaces
  • Loss of Private Keys, resulting in permanent loss of assets
  • Security threats — phishing, social engineering, hacking, malware, spoofing, DDoS, and misinformation campaigns

This list is not exhaustive. Users may incur a complete loss of their digital assets.

Regulatory Characterisation of NFTs

NFTs that are genuinely unique and non-fungible are generally treated as outside the scope of dedicated crypto-asset regimes. However, NFTs issued in large series, NFTs that are fractionalised, and NFTs whose economic substance resembles a fungible or investment product may be treated differently under Applicable Law, and that treatment continues to evolve.

Nothing on the Platform is an offer of securities, an investment product, a financial instrument, or a collective investment scheme, and nothing on the Platform should be interpreted as a promise of profit, yield, appreciation, or return.


Suspension and Termination

We may suspend, restrict, or terminate your access to the Platform at any time, with or without notice, if we believe you have violated these Terms or Applicable Law, engaged in fraudulent, abusive, or manipulative activity, or for any other reason at our discretion.

Termination of access does not affect NFTs or funds in your Wallet, which remain under your control on the Blockchain, nor does it reverse any completed on-chain transaction.


Indemnification

You agree to indemnify and hold harmless us, our affiliates, contractors, licensors, and their respective directors, officers, employees, and agents from and against any claims, actions, proceedings, investigations, demands, suits, costs, expenses, and damages (including legal fees, fines, or penalties imposed by any Authority) arising out of or related to:

  1. Your use of, or conduct in connection with, the Platform, any NFT, or any Collection
  2. Any content you submit, list, mint, or promote, including any claim that it infringes a third party's rights
  3. Your breach of these Terms
  4. Your violation of any Applicable Law or third-party right

We have the right, at our discretion, to control the defence of any such matter and to determine whether and on what terms to settle it.


Warranty and Disclaimers

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE, ALONG WITH OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, PARTNERS, LICENSORS, AND DISTRIBUTORS, DO NOT MAKE ANY REPRESENTATIONS, PROMISES, OR WARRANTIES, EXPRESS OR IMPLIED, ABOUT THE PLATFORM. WE PROVIDE THE PLATFORM "AS-IS," "WITH ALL FAULTS," AND "AS AVAILABLE."

YOUR USE OF THE PLATFORM IS AT YOUR OWN RISK. WE DO NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DISPLAYED DATA — INCLUDING OWNERSHIP, PRICES, FLOORS, RARITY, TRAITS, METADATA, MEDIA, OR HISTORY — WILL BE ACCURATE, COMPLETE, OR CURRENT.

WE MAKE NO REPRESENTATION OR WARRANTY ABOUT THE AUTHENTICITY, ORIGINALITY, LEGALITY, TITLE, QUALITY, UTILITY, OR VALUE OF ANY NFT, COLLECTION, DROP, OR MYSTERY BOX, OR ABOUT THE IDENTITY, INTENTIONS, SOLVENCY, OR CONDUCT OF ANY CREATOR, SELLER, OR BUYER.

SOME JURISDICTIONS PROVIDE FOR CERTAIN IMPLIED WARRANTIES, SUCH AS MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL SUCH WARRANTIES.


Liability

To the fullest extent permitted by Applicable Law, we will not be liable for any indirect, special, incidental, consequential, exemplary, or punitive damages arising from or in connection with these Terms or your use of the Platform.

We and our affiliated entities shall not be liable for any loss of profits, revenues, business opportunities, digital assets, or diminution in value arising from or in connection with:

  • Any transaction between you and another User or Creator
  • The conduct, misrepresentation, insolvency, or abandonment of any Creator, Seller, or Buyer
  • Failure, exploitation, or misbehaviour of any Smart Contract, including Collection, marketplace, offer, and escrow contracts
  • Unavailability, alteration, or loss of NFT metadata or media hosted by third parties
  • Inaccurate, delayed, or incomplete indexed data displayed on the Platform
  • Unauthorised access to your Wallet, or transactions you signed
  • Third-party services, protocols, bridges, or promotional campaigns encountered through the Platform

Aggregate Liability

In no event shall our aggregate liability to you exceed the greater of (a) the total Marketplace Fees paid by you to us in the twelve (12) months preceding the claim, or (b) one hundred US dollars (US$100). These limitations apply to the fullest extent permitted by law in the applicable jurisdiction.

Third-Party Liability

We are not liable for the fault of third-party service providers we instruct or of any third-party service. Our liability in such cases is limited to using reasonable care in their selection and instruction.


Force Majeure

We have no responsibility or liability for any failure or delay in the performance of the Platform, or any loss you may incur, due to any circumstance beyond our reasonable control, including flood, extraordinary weather, earthquake or other act of God, fire, war, insurrection, riot, labour dispute, accident, pandemic, any law, order, regulation, or action of any government, communications or power failure, Blockchain network failure or attack, or equipment or software malfunction.


Changes to These Terms

We may change, add to, or remove parts of these Terms at any time. We will publish changes on this page and update the "Last Updated" date. Changes become effective upon publication. It is your responsibility to review the amended Terms, and your continued use of the Platform after publication constitutes acceptance of them.


Governing Law and Disputes

These Terms shall be governed by and construed in accordance with the laws of Romania, without regard to its conflict of law principles. Any dispute, controversy, or claim arising out of or relating to these Terms, or their breach, termination, or invalidity, shall be submitted to the exclusive jurisdiction of the competent courts of Bucharest, Romania.

YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE USE OF THE PLATFORM OR THESE TERMS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE, OR BE FOREVER BARRED.

Class Action Waiver: To the fullest extent permitted by Applicable Law, you agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.


Miscellaneous

Entire Agreement

These Terms, together with any policies or feature-specific rules incorporated by reference (including the Privacy Policy and the Risk Disclosure), constitute the entire agreement between you and us regarding your use of the Platform.

Severability

Any invalid or unenforceable provision of these Terms shall not affect the validity or enforceability of the remaining provisions.

Survival

The following sections survive termination of your access, in addition to any provision which by law or by its nature should survive: Definitions, What Ebisu's Bay Is Not, Intellectual Property in NFTs, Infringement Notices and Takedowns, Indemnification, Warranty and Disclaimers, Liability, Governing Law and Disputes, and this Miscellaneous section.

No Waiver

No waiver of any provision of these Terms shall be deemed a further or continuing waiver of that or any other provision. Our failure to enforce any right or provision does not waive future enforcement of it.

Assignment

You may not assign or transfer any rights or obligations under these Terms without our prior written consent. We may assign or transfer these Terms at our discretion.

Compliance with Applicable Laws

We must comply with Applicable Law, which may require us, upon request by an Authority, to take certain actions or provide information that may not be in your best interests.


Contact

Questions about these Terms, or infringement notices, can be sent to [email protected], or reach us through our official channels on X and Discord.


BY ACCESSING OR USING THE PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.