YOU MAY USE THE SERVICES ONLY IF YOU ARE 18 YEARS OR OLDER AND CAPABLE OF FORMING A BINDING CONTRACT, AND NOT OTHERWISE BARRED FROM USING THE SERVICES UNDER APPLICABLE LAW.THE SERVICES ARE NOT AVAILABLE TO RESIDENTS OF THE UNITED STATES.** We will not knowingly solicit or collect personal information from any user under the age of 13. Do not attempt to use the Services if you are under the age of 13. If we become aware that a user is under the age of 13, we will promptly delete all personal information of the user. If you have information that suggests that a user of the Service could be under the age of 13, please send an email to [email protected].
The Services are only available to users in certain jurisdictions who can use the Services as permitted under applicable law. You certify that you will comply with all applicable laws) when using the Services. Without limiting the foregoing, by using the Services, you represent and warrant to you nor, where applicable, your beneficial owners and controllers are: (a) the subject of economic or trade sanctions administered or enforced by any governmental authority or otherwise designated on any list of prohibited or restricted parties (including the United Kingdom's Office of Financial Sanctions Implementation or the Cayman Islands Governor or Financial Reporting Authority), or (b) a citizen, resident, or entity organized in a jurisdiction or territory that is the subject of comprehensive sanctions by the United Kingdom (as extended to the Cayman Islands by Orders in Council) or the Cayman Islands. You are solely responsible for ensuring that your access and use of the Services in such country, territory or jurisdiction does not violate any applicable laws. You must not use any software or networking techniques, including use of a Virtual Private Network (VPN) to modify your internet protocol address or otherwise circumvent or attempt to circumvent this prohibition. We reserve the right, but have no obligation, to monitor where the Services are accessed from. Furthermore, we reserve the right, at any time, at our sole discretion, to block access to the Services, in whole or in part, from any geographic location, IP addresses and unique device identifiers or to any user who we believe is in breach of these Terms.
You may not access or utilize the Site and/or Services for the purpose of web crawling, web harvesting, data mining, data extraction, scraping or aggregating information, including without limitation listings and smart contracts available on or through the Site and/or Services, or similar activities without our prior written consent at our sole discretion. Users who wish to engage in any of the foregoing activities must visit [digigooz.com](http://digigooz.com) and abide by the application programming interface (the “**API**”) licensing terms made available on that site to legally access and use the APIs. We reserve the right to implement testing and maintenance of the API at our sole discretion. Engaging in any of the activities referenced in the first sentence of this paragraph without prior authorization is a prohibited material breach of these Terms and may subject violators to legal liability.
1. You may participate in the Services by linking your external digital wallet(s) on supported bridge extensions, which allows you to purchase, store, and engage in transactions using cryptocurrency. Before putting up your unique digital asset for sale or putting in an offer to purchase a unique digital asset from another user, we will ask you to download a supported electronic wallet extension and connect and unlock your digital wallets with that extension. Once you submit an order to sell or purchase a unique digital asset, your order is passed on to the applicable extension, which completes the transaction on your behalf.
2. DIGIGOOZ PLATFORM IS NOT A BROKER, FINANCIAL INSTITUTION, OR CREDITOR. THE SERVICES ARE AN ADMINISTRATIVE PLATFORM ONLY. LBR FACILITATES TRANSACTIONS BETWEEN THE BUYER AND SELLER ON THE DIGIGOOZ PLATFORM BUT IS NOT A PARTY TO ANY AGREEMENT BETWEEN THE BUYER AND SELLER OF NFTs OR BETWEEN ANY USERS.
3. YOU BEAR FULL RESPONSIBILITY FOR VERIFYING THE IDENTITY, LEGITIMACY, AND AUTHENTICITY OF ASSETS YOU PURCHASE THROUGH THE DIGIGOOZ PLATFORM. NOTWITHSTANDING INDICATORS AND MESSAGES THAT SUGGEST VERIFICATION, LBR MAKES NO CLAIMS ABOUT THE IDENTITY, LEGITIMACY, OR AUTHENTICITY OF ASSETS ON THE PLATFORM.
While LBR offers a marketplace for NFTs, it does not buy, sell, transfer or take custody or possession of any NFTs, nor does it act as an agent or custodian for any user of the Services. Instead, each NFT that is listed for sale will be deposited into a blockchain-based smart contract to ensure that the purported seller owns such NFT. Each such NFT is released automatically upon consummation of its sale through the relevant Blockchain network. If you elect to mint, buy, or sell any NFTs, any transactions that you engage in will be conducted solely through the relevant Blockchain network governing such NFT. You will be required to make or receive payments exclusively through the cryptocurrency wallet you have connected to the DIGIGOOZ Platform. We will have no insight into or control over these payments or transactions, nor do we have the ability to reverse any transactions. Accordingly, we will have no liability to you or to any third party for any claims or damages that may arise as a result of any transactions that you engage in via the Service. There may be royalties associated with the secondary sale of any NFT. You acknowledge and agree that the payment of any such royalty shall, in certain circumstances, be programmed to be self-executing via a blockchain network’s nonfungible token standard or another means and LBR does not have any control or ability to direct such funds or the obligation to collect such fees.
Your participation in certain programs (e.g., promotions, sweepstakes, giveaways, contests, rewards programs, etc.) made available through the DIGIGOOZ Platform will be subject to additional terms and conditions specific to such programs as set forth by LBR or the sponsor of each promotion or program.
If you are using the Services to purchase NFTs, you are a “**Buyer**,” and if you are using the Services to sell NFTs, you are a “**Seller**.” If you are either a Buyer or Seller, you agree to the following additional terms:
Although the terms of sale for an NFT are displayed on the DIGIGOOZ Platform, all such terms are determined by the **Buyer** and Sellers and the sale and purchase of NFTs are subject to such (e.g., with respect to the use of the NFT Content, as defined below in Section 5(e)(ii), or benefits associated with a given NFT) (“**Purchase Terms**”), including, but not limited to, the price to be paid for such NFT. LBR is not a party to any such Purchase Terms, which are solely between the Buyer and the Seller and is not responsible for ensuring compliance with such terms or mediating or resolving any disputes with respect to such Purchase Terms, including, but not limited to, any disputes arising out of or related to the authenticity of the NFT or any intellectual property rights associated with such NFT. The Buyer and Seller are entirely responsible for communicating, promulgating, agreeing to, and enforcing Purchase Terms, and for resolving any disputes arising from any breach of any Purchase Terms. Seller must comply with and fulfill the Purchase Terms with respect to any NFTs that it sells. When you purchase an NFT through the Services, you own all personal property rights to the electronic record that comprises the NFT (i.e., the right to sell or otherwise dispose of that NFT). Unless expressly specified in the Purchase Terms, such rights, however, do not include the ownership of the intellectual property rights in any NFT Content.
- **Security:** You are responsible for keeping your phone and email secure, and for any activity associated with them. CyrexPay will not be responsible if someone else accesses your phone or email and authorizes a transaction.
- **Transactions:** CyrexPay does not investigate the validity of transactions, but it may do so at its discretion.
- **Records:** CyrexPay may create and maintain records of your activity and communications. CyrexPay may also produce information about your use of the services to third parties, courts, law enforcement, regulators, and policymakers.
- **Account termination:** CyrexPay may terminate your account at any time.
- **Data protection:** CyrexPay processes personal information in accordance with applicable data protection legislation.
Transactions on the DIGIGOOZ Platform may be subject to fees that LBR collects to support the NFT creators and DIGIGOOZ Platform, as posted on the Site or otherwise set forth in these Terms. “**Revenue**” means the gross amount paid by the Buyer of a sale of your NFT on the DIGIGOOZ Platform. You further agree to pay all other applicable fees, including Gas Fees and hosting fees, and you authorize LBR to automatically charge you for any such fees or deduct such fees (including the Transaction Fee) directly from the amounts paid by the Buyer or the amount received by Seller, at our discretion. The payments made to Creators do not include any Taxes (as defined below), and LBR shall have no responsibility for payment of such Taxes regardless of the taxing authority. Each party shall be responsible for all Taxes imposed on its income or property. **Sellers** or **Buyer**, as applicable, will be responsible for paying all such fees, Taxes, and Gas fees. In addition, interactions with the Blockchain may also result in transaction fees or Gas Fees (as defined below) imposed by the Blockchain, which are also solely your responsibility. “**Gas fees**” mean fees that fund the network of computers that run decentralized blockchain networks, meaning that you will need to pay a Gas Fee for each transaction that occurs via a blockchain network.
If you are a Seller, will receive Revenue less the Transaction Fee for each initial sale of your NFT on the DIGIGOOZ Platform. “**Transaction Fee**” means the percentage of the Revenue generated from the sale of an NFT that is listed on the listing interface, as agreed by You, when determining to list your NFT for sale. The Transaction Fee may be, but is not required to be, the sale percentage for all sales of NFT and may be changed from time to time prior to being agreed to on the listing interface with respect to.
(i) you have the full right, power and authority to grant the rights granted or agreed to be granted hereunder, including, but not limited to, fully cleared permissions, consents, rights and licenses to the NFT Content in these Terms;
(ii) the NFT Content, the NFTs, and the listing and sale contemplated by these Terms, complies with all, and do not and will not violate any applicable law, statute, rule, or regulation, will be performed in accordance with the intended specifications and without material error, and will be delivered free and clear of any claims, liens or rights of third parties;
(iii) the NFT Content and LBR’s use thereof in accordance with these Terms does not and will not infringe any intellectual property rights of any third party or any right of privacy or publicity, or contain any libelous, defamatory, obscene or unlawful material, or otherwise violate or infringe any other right of any third party;
(iv) you will fulfill your obligations under any terms with a Buyer of the NFTs, as applicable; (v) any advertising or promotion of the NFTs by you or on your behalf will not constitute false, deceptive or unfair advertising or disparagement under any applicable laws and will not suggest a likely increase in value of the NFTs; and
(vi) you will not use the proceeds retained from sales of the NFT, whether through the DIGIGOOZ Platform or any other platform for capital raising purposes.
Use of the Software is governed by these Terms. LBR delivers the Software via download and we will not provide you with any tangible copy of the Software. Subject to your compliance with the Terms, LBR grants you a non-assignable, non-transferable, non-sublicensable, revocable, and non-exclusive license to use the Software on computers or mobile devices you own or control solely for your personal or internal business purposes. **Because the Software is locally installed, you are responsible for the security of the device on which it is installed, including ensuring that you keep anti-virus software current and otherwise protect the device on which the Software is installed against malware. You are responsible for securely maintaining any passwords or secret phrases that relate to your use of the Software. You acknowledge that certain methods of securing a secret recovery phrase, such as storing it as a digital file on your personal device or on a cloud storage provider, may increase the risk that your account or secret recovery phrase will be compromised. You further acknowledge that LBR is not responsible for any theft of a secret recovery phrase, or loss or damages – including loss of funds or lockout from accounts accessed via the Software – resulting from your failure to keep the device on which the Software is installed safe and free of any malware. LBR may not be able to recover passwords or unlock account information stored on the Software, including if the Software is compromised by malware on your computer, and it is your sole responsibility to take all reasonable precautions to secure and backup your copy of the Software and the information stored on it.**
The Software and Services are evolving and you may be required to accept or install updates to the Software or Services, or update third-party software (i.e., browsers or OS) in order to keep using the Software or Services or access their latest features, including security updates. We may update the Software and Services at any time, without providing notice. It is your responsibility to ensure that you are using the most recent version of the Software at all times.
By using a price alerts feature, you agree that price alerts are for informational purposes only. Price alerts may be delayed, limited or inaccurate and may not cover all assets. LBR is not responsible for any customer losses caused by price alerts.
We appreciate feedback, comments, ideas, proposals and suggestions for improvements to the Services (“**Feedback**”). If you choose to submit Feedback, you agree that we are free to use it without any restriction or compensation to you.
(i) copy, modify or create derivative works based on the Apps;
(ii) distribute, transfer, sublicense, lease, lend or rent the Apps to any third party;
(iii) reverse engineer, decompile or disassemble the Apps (unless applicable law permits, despite this limitation); or
(iv) make the functionality of the App available to multiple users through any means.
(i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;
(ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
(iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
(vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or
(vii) promotes illegal or harmful activities or substances;
3. Access, tamper with, or use non-public areas of the Services, LBR’s computer systems, or the technical delivery systems of LBR’s providers;
4. Attempt to probe, scan or test the vulnerability of any LBR system or network or breach any security or authentication measures;
5. Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by LBR or any of LBR’s providers or any other third party (including another user) to protect the Services;
6. Attempt to access or search the Services or download content from the Services using any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by LBR or other generally available third-party web browsers;
7. Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
8. Use the Services, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
9. Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive or false source-identifying information;
10. Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;
11. Interfere with, 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 Services;
12.Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
13. Impersonate or misrepresent your affiliation with any person or entity;
14. Create or list counterfeit items (including any NFTs);
15. Engage or assist in any activity that violates any law, statute, ordinance, regulation, or sanctions program, including but not limited to sanctions lists maintained by the United Nations, United Kingdom (as extended to the Cayman Islands by Orders in Council) or the Cayman Islands, or that involves proceeds of any unlawful activity (including but not limited to money laundering, terrorist financing, proliferation financing or deliberately engaging in activities designed to adversely affect the performance of the Services);