TERMS AND CONDITIONS
I.
Introduction
EbisusBay, LLC (“EbisusBay”
or “We”) provides its website, https://app.ebisusbay.com/ (the “Website”),
for consumers to use subject to the following Terms and Conditions (“Terms”). These
Terms apply to any and all websites, apps, and online
services associated with EbisusBay and its affiliates, subsidiaries, and brands.
By using the Website, you agree to be bound by all the terms and conditions
contained in these Terms and any and all rules,
guidelines and directions found throughout Website.
By accessing or using the Website in any
way, you are agreeing to these Terms and the EbisusBay Privacy Policy. EbisusBay
reserves the right to change these Terms or its Privacy Policy. Your continued
use of the Website shall be deemed an acceptance of those changes.
These Terms contain very important
information regarding your rights and obligations, as well as conditions,
limitations and exclusions that might apply. Please read these Terms carefully.
EbisusBay is a peer-to-peer Web3 service
provider which allows users to discover, buy, and sell Non-fungible
tokens (“NFTs”) on the Cronos blockchain. EbisusBay does not have custody or control
over the NFTs or blockchains you are interacting with
and We do not execute or effectuate purchases, transfers, or sales of NFTs. To buy
or sell NFTs on the Website, you must use a third-party wallet which allows you
to engage in transactions on the Cronos blockchain.
THESE TERMS ARE SUBJECT TO A MANDATORY
ARBITRATION PROVISION AND CLASS ACTION WAIVER THAT WAIVES YOUR RIGHT TO SUE IN
COURT OR HAVE A JURY TRIAL. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE OUR
WEBSITE OR SERVICES.
II.
Use of Website/Security
Use of the Website may require the
connection of a supported electronic wallet which will enable you to purchase
and store collectibles that you purchase via the Website. You are responsible
for security of your electronic wallet and its contents. Transactions that take
place on the Website are managed and confirmed via the Cronos blockchain. Your public wallet address will be made
publicly visible on the blockchain whenever you engage in a transaction on the Website.
EbisusBay has no liability to you or to
any third party for any claims or damages that may arise related to any
payments or transactions that you engage in via the Website, or any other
payment or transactions that you conduct via the Website or otherwise.
EbisusBay reserves the right to disclose
any information gathered on the Website that EbisusBay deems necessary to
satisfy any applicable law, regulation, legal process, or governmental request.
NFTs sold or offered for sale on the
Website may be subject to their own separate terms and conditions or
limitations on usage, and owners of those NFTs are responsible for adhering to
any such separate terms and conditions or limitations. EbisusBay does not
control or endorse the NFTs sold or offered for sale on the Website, and
specifically disclaims any liability with regard Website users’ purchase or
ownership of NFTs bought on the Website.
III.
Payment and Gas Fees
Transactions on the blockchain require the
payment of a transaction fee (“Gas”) which funds the network of computers that confirm
transactions on the blockchain. This means that you will need to pay Gas for
each transaction that you instigate via the Website. Except as otherwise
expressly set forth in these Terms, you will be solely responsible to pay any
Gas for any transaction (including failed transactions) that you prompt via the Website.
All fees and charges are payable in
accordance with payment terms in effect at the time the fee or the charge
becomes payable.
IV.
Right to Discontinue or Deny Access to Website
EbisusBay has the right to, at any time
and for any reason, refuse to allow the sale or transfer of any particular NFT or collection of NFTs on the Website.
EbisusBay further reserves the right to terminate any user’s access to use of
any or all of the features on the Website, with or
without notice, for violation of these Terms or for any other reason at the
sole and absolute discretion of EbisusBay. EbisusBay has the right to remove
any NFT or collection of NFTs which contains material which EbisusBay finds to
be in violation of these Terms or is otherwise objectionable, in EbisusBay’s sole and absolute discretion.
EbisusBay has the right, but not the obligation,
to monitor any particular NFT or collection of NFTs on
the Website to determine compliance with these Terms and/or satisfy any legal,
regulatory, or authorized governmental request.
V.
Prohibited Use/Conduct
You will not violate any applicable law,
contract, intellectual property right or other third-party right or commit a
tort through or related to the use of this Website. You are solely responsible
for your conduct while using our Website or in
connection with our Website. By use of the EbisusBay Website, you agree to:
(1) Not use or attempt
to use another user’s account or wallet without authorization from that user.
(2) Refrain from sending,
uploading, distributing, or disseminating any unlawful, defamatory, harassing,
abusive, fraudulent, obscene, or otherwise objectionable content.
(3) Refrain from distribution
of any viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any
other items of a destructive or deceptive nature.
(4) Not use our Website other than for its intended purpose and/or in any
manner that could interfere with, disrupt, negatively affect or inhibit other
users from fully enjoying our Website or that could damage, disable, overburden
or impair the functioning of our Website in any manner.
(5) Not use any spider,
site search/retrieval application, or other data gathering or extraction
methods designed to scrape or extract data from our Website.
(6) Not remove any
copyright, trademark, or other proprietary rights notices contained in, or on,
the Website.
(7) Not employ,
operate, or create any computer program to simulate the human behavior of a
user (“Bots”) on the Website. This includes, without limitation, the use or
attempted use of Bots to purchase NFTs on the Website.
(8) Not seize or
otherwise wrongfully acquire any NFT or digital asset.
(9) Not reverse
engineer any aspect of our Website or do anything that
might discover source code or bypass or circumvent measures employed to prevent
or limit access to any part of our Website.
(10) Not use the
Website for the purpose of creating a product or service that is competitive
with any of EbisusBay’s products or services.
(11) Not use our Website for any illegal or unauthorized purpose, or engage
in, encourage or promote any activity that violates these Terms.
(12) Not commit any
violation of applicable laws, rules, or regulations.
(13) Not use NFTs on
the Website in connection with surveys, contests, pyramid schemes, chain
letters, junk mail, spamming, potentially harmful air drops, spamming, or any
duplicative or unsolicited messages.
(14) Not knowingly
purchase or offer for sale any NFT which is stolen or otherwise taken from its
rightful owner.
If you engage in
any of the above prohibited manners or otherwise use the Website in a prohibited
manner, 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 suspend or terminate your user account and/or
remove any content which.
VI.
Intellectual Property Notice
EbisusBay and its logos are trademarks of EbisusBay, LLC. Any EbisusBay logo, product or service
names, slogans, and the look and feel of the Website are the intellectual
property of EbisusBay and may not be copied, imitated, or used, in whole or in
part, without EbisusBay’s prior written permission.
All other third-party trademarks,
registered trademarks, and product names mentioned on the Website or contained
in the content linked to or associated with any NFTs displayed on the Website
are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the
permission of the applicable intellectual property rights holder. Reference to
any products, services, processes or other information by name, trademark,
manufacturer, supplier or otherwise does not constitute or imply endorsement,
sponsorship, or recommendation by EbisusBay.
VII.
Children Under the Age of 18
The Website is not intended for anyone
under the age of eighteen (18) years old. We do not knowingly collect personal
information from anyone under eighteen (18) years old. If you are under the age
of eighteen (18) years old, do not use or provide any information on this
Website, use any of the interactive features of this Website, or provide any
information about yourself to us.
VIII.
Indemnification
You agree to defend, indemnify, and hold
harmless EbisusBay and its affiliates, successors and assigns, and its and
their respective directors, officers, employees, agents, co-branders or other
partners from and against any and all allegations, claims, demands, actions,
causes of action, proceedings (whether threatened or pending), orders, damages,
losses, liabilities, costs and expenses, including reasonable attorney's fees
and other legal expenses, and judgments of any kind of nature, incurred by EbisusBay
arising out of or relating to your use or misuse, or anyone using your
account’s use or misuse, of the Website, your violation of these Terms, or your
violation (or anyone using your account’s violation) of any rights of another.
IX.
Disclaimers
EbisusBay makes no express warrantees and
hereby disclaim all implied warrantees regarding the Website and any aspect
thereof, including the implied warrantees of merchantability, fitness,
non-infringement, correctness, accuracy, and reliability. To the fullest extent
permitted by applicable law, EbisusBay shall not be liable to you for any
direct, indirect, consequential, incidental, punitive, exemplary, or other
damage resulting or relating to your use of the Website.
Use of this Website is an agreement and
acknowledgement by you that these Terms reflect a reasonable and fair
allocation of risks between EbisusBay and you. EbisusBay would be unable to
provide this Website and its associated content and services to you without the
limitations found in these Terms.
Some jurisdictions do not allow the
exclusion of implied warrantees in contracts with consumers. Some or all of the exclusions or limitations in these Terms may not
apply to you depending upon the jurisdiction in which you reside.
X.
Limitation of Liability/Release
In the absence of material breach by EbisusBay
of these Terms, EbisusBay will not be liable to you on account of anything done
or omitted on the Website. Except where otherwise prohibited by law, the total
liability of EbisusBay and any of its subsidiaries or agents for any breach of
these Terms or its Privacy Policy, or any other claim arising out of or related
to use of the Website shall be limited to 2000 CRO or the total secondary
royalties collected by EbisusBay for transactions involving the claiming party,
whichever is higher.
If you are a consumer who resides in
California, you hereby waive your rights under California Civil Code § 1542.
XI.
Assumption of Risk
Use of the Website is done at your sole
risk. The Website is provided “as is” without warrantees of any kind, express
or implied. NFTs exist only via the ownership record maintained on the
blockchain. EbisusBay is not responsible for any loss of ownership of any NFT including
any loss as a result of loss of password or log-in
information, corrupted files, viruses, phishing, attacks against the Website or
blockchain, transfer to non-compatible digital address, unauthorized
third-party activities, or any other reason.
You are solely responsible for evaluating
the Website and any vulnerabilities thereof.
You accept the risk of Website failure resulting from unanticipated or
heightened technical difficulties, including those resulting from sophisticated
attacks, and you agree not to hold EbisusBay accountable for any related
losses.
XII.
Dispute Resolution
In
the event of a dispute, you agree that you shall first contact EbisusBay and
provide EbisusBay at least thirty (30) day to make a good faith and sustained
effort to resolve that dispute (“Informal Proceeding”) before resorting to more
formal means of resolution including, without limitation, court
or arbitration action(s).
If,
after the Informal Proceeding, a dispute still exists, any remaining dispute,
controversy, or claim (the “Claim”) relating in any way to the Website, your
use of EbisusBay products and/or services, or any Claim arising under or
relating to any EbisusBay transaction, shall be resolved via confidential
arbitration before JAMS under the then-current JAMS Comprehensive Arbitration
Rules & Procedures, except as provided otherwise in this section. The arbitrator
shall award attorneys’ fees and costs to the prevailing party. Any such
arbitration shall take place in St. Louis, Missouri, or such other location as
the parties may agree.
You
and EbisusBay agree that each party may only bring Claims against the other
party in an individual capacity, and not as a plaintiff or member of any class
action or mass action. The arbitrator shall not be permitted to combine or
consolidate more than one party’s claims without the written consent of all
affected parties to the arbitration proceeding. No Claim shall proceed by way
of class arbitration without the written consent of all affected parties.
XIII.
Governing Law/Venue
To the fullest extent permitted by law,
these Terms and any claim or dispute arising from these Terms will be governed
by and construed in accordance with the State of Missouri, without regard to
its choice of law provisions. Any claim or dispute arising out of or relating to our
products and services, Terms, or your use of the Website, not otherwise covered
by the Dispute Resolution provisions of Section XII, shall be subject to the
exclusive jurisdiction of state or federal courts in St. Louis, Missouri and
you hereby consent and submit to the personal jurisdiction of such courts.
XIV.
Severability
Should any part of these Terms be held invalid,
illegal, void or unenforceable, that portion will deemed
severed from these Terms and will not affect the validity or enforceability of
the remaining provisions of these Terms.
XV.
DMCA Notices/Copyright Infringement Claims
EbisusBay shall comply with the rules
regarding notices of alleged copyright infringement under the Unites States
Digital Millennium copyright Act. If an individual or
entity believes that their intellectual property rights have been infringed,
please contact EbisusBay immediately. For EbisusBay to respond, the complaining
individual or entity must provide:
1.
A
physical or electronic signature of the copyright owner or a person authorized
to act on behalf of the copyright owner.
2.
A
clearly identified copyrighted work that is being claimed as being infringed
upon.
3.
Clear
identification of the allegedly infringing material, including a link to the
material on the EbisusBay Website.
4.
A
statement, made under the penalty of perjury, that the information provided is
accurate, the complainant is the copyright owner (or individual authorized to
act on behalf of the copyright owner), and that the complaint is being issued
under a good-faith believe that the relevant material
is being used in a way that is not authorized by the copyright owner, its
agent, or under the law.
If a user believes that their content has
been removed by mistake or misidentification, that user may provide EbisusBay
with a DMCA Counter Notice, which must contain the following information
1.
The
user’s name, address, telephone number, and email address.
2.
A
description of the material removed, along with the URL address of where the
material was posed prior to its removal.
3.
The
following signed statement: “I swear, under penalty of perjury, that I have a
good-faith belief that the material which was removed
or disabled was due to a mistake or misidentification of the material to be
removed or disabled.”
4.
A
statement that the user consents to the jurisdiction of the Federal District
Court where the user is located or, if the user is located outside of the United
States, consents to any jurisdiction in which the user may be properly served.
Further, the user’s statement must include an agreement to accept service of
process from the individual or entity (or their agent) who filed the original
DMCA notice.
Upon receipt of any valid counter DMCA notification, EbisusBay will forward that
counter DMCA notification to the party which submitted the original DMCA
notification. The original party (or their authorized agent) will then have ten
(1) days to notify EbisusBay that he/she/they have filed legal action related
to the allegedly infringing material. If EbisusBay does not receive any such
notification within ten (10) days, EbisusBay may (but is not obligated to)
restore the material to the Website.
All DMCA notices and counter-notices must
be submitted via email to dmca@ebisusbay.com or via mail to:
ATTN: DMCA/Legal
Department
3514 Clinton Pkwy
Ste A #421
Lawrence, KS 66047
XVI.
General
These Terms and our Privacy Policy
constitute the entire legal agreement between you and us and will be deemed to
be the final and integrated agreement between you and us, and
govern your access to and use of the Website.
These Terms do not and are not intended to
confer any rights or remedies upon any person or entity other than you. Any failure or
delay by EbisusBay to exercise or enforce any right or provision of these Terms
will not constitute or be deemed a waiver of future exercise or enforcement of
such right or provision.
EbisusBay may assign our rights and
obligations under these Terms in our sole discretion to an affiliate, or in
connection with an acquisition, sale or merger.
XVII.
Contact
For more information about the EbisusBay Website
Terms, our Privacy Policy, or if you would like to make a complaint, please
contact us by e-mail at support@ebisusbay.com or by mail using
the details provided below:
ATTN: General
Support Department
3514 Clinton Pkwy
Ste A #421
Lawrence, KS 66047