Terms of Service
This Terms of Service governs the relationship between NFT Magazine & it’s Users.
Terms of Service
- This Terms of Service governs the relationship between NFTMagazine.com (“NFTMagazine” or “we”) and its users (“User” or “you”).
- If you use NFTMagazine digital products displaying or otherwise governed by these terms of Service (“Terms of Service”), including NFTMagazine.com, NFTMagazine’s mobile sites and applications (together with NFTMagazine, the “Site”), and any of the features of the Site, including but not limited to RSS feeds, APIs, and Software (as defined below) and other downloads (the “Services”) and Discord networking platform, you agree to abide by all of the terms and conditions of these Terms of Service. If you disagree with anything within the Terms of Service, please discontinue your use of the Site and Services immediately.
- We may change, add or remove portions of these Terms of Service at any time by updating the date above after “Last Updated On” without any other notifications to you. Such changes shall become effective immediately upon posting. It is your responsibility to review these Terms of Service prior to each use of the Site and Services.
- All of the information and other content displayed on, transmitted through, or used in connection with the Site and the Services, including for example, advertising, directories, guides, articles, opinions, reviews, text, photographs, images, illustrations, audio clips, video, html, source and object code, software, data, the selection and arrangement of the aforementioned Site and Services (collectively, the “Content”), are protected under applicable copyrights and other proprietary (including but not limited to intellectual property) rights and are the intellectual property of NFT Magazine, and its affiliated companies, licensors and suppliers. NFT Magazine actively protects its rights to the Content to the fullest extent of the law. NFT Magazine strives to ensure that all information contained on the Site and the Services is correct and up to date.
- Third Party Content
- The Site and the Services contain links to third-party websites, resources and advertisers. NFTMagazine does not control, endorse, sponsor, recommend or otherwise accept responsibility for any third-party content. Because we are not responsible for the availability of these outside resources, or their contents or privacy practices, you should direct any concerns regarding any third-party content to such third-party. We accept responsibility for the content of external websites linked to through the Site or the Services. Third party content is accessed at the user’s own risk.
- From time to time, NFTMagazine distributes content from third-party publishers as indicated on the Site. In these circumstances, NFTMagazine only provides limited stylistic input to the content.
- NFTMagazine does not verify and takes no responsibility for the accuracy of the content provided by any such third-party publishers.
- You acknowledge and agree that NFTMagazine is not responsible for any loss or inconvenience caused by reliance on any material contained in the Site and Services.
User Generated Content
- If you upload, post or submit any content on the Service, you represent to us that you have all the necessary legal rights to upload, post or submit such content and it will not violate any law or the rights of any person. You shall not upload to, or distribute or otherwise publish on to the Services any libelous, defamatory, obscene, pornographic, abusive, or otherwise illegal material. You shall not impersonate anyone else or otherwise misrepresent your identity, affiliation or status. You agree not to provide material and misleading information knowingly and with intent to defraud. You shall not upload to, or distribute or otherwise publish on to the Services any malware, viruses, spyware, or other malicious software or files to the Services. You shall not use automated means to upload to, or distribute or otherwise publish onto, the Services any content.
- You agree that you will not threaten or verbally abuse other users, use defamatory language, or deliberately disrupt discussions with repetitive messages, meaningless messages or “spam.” You agree not to use language that abuses or discriminates on the basis of race, religion, nationality, gender, sexual preference, age, region, disability, etc. Hate speech of any kind is grounds for immediate and permanent suspension of access to all or part of the Services.
- The Services shall be used only in a noncommercial manner. You shall not, without the express approval of NFTMagazine, distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods or services.
- You acknowledge that any submissions you make to the Services (i.e., user-generated content including but not limited to: comments, Discord forum messages) (each, a “Submission”) may be edited, removed, modified, published, transmitted, and displayed by NFTMagazine and you waive any rights you may have in having the material altered or changed in a manner not agreeable to you. Submissions made to the Services may also be included in our RSS feeds and APIs and made available for republishing through other formats.
- You grant NFTMagazine a perpetual, nonexclusive, world-wide, royalty-free, sub-licensable license to the Submissions, which includes without limitation the right for NFTMagazine or any third party it designates, to use, copy, transmit, excerpt, publish, distribute, publicly display, publicly perform, communicate to the public, create derivative works of, host, index, cache, tag, encode, modify and adapt (including without limitation the right to adapt to streaming, downloading, broadcast, mobile, digital, thumbnail, scanning or other technologies) in any form or media now known or hereinafter developed, any Submission posted by you on or to the Services or any other website owned by NFTMagazine, including Submission posted on or to the Services through a third party, if any.
- You are solely responsible for the content of your Submissions. However, while NFTMagazine does not and cannot review every Submission and is not responsible for the content of these messages, NFTMagazine reserves the right to delete, move, or edit Submissions that it, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, in violation of these Terms of Service, or otherwise unacceptable.
- By making a Submission, you are consenting to its display and publication on the Site and in the Services and for related online and offline promotional uses.
Not Investment Advice
- All writers’ opinions are their own and do not constitute financial advice in any way whatsoever. Nothing published by the Site or the Services constitutes an investment recommendation, nor should any data or Content published by NFTMagazine be relied upon for any investment activities.
Prohibited Use of the Services
- You may not access or use, or attempt to access or use, the Services to take any action that could harm us or a third party. You may not use the Services in violation of applicable laws or in violation of our or any third party’s intellectual property or other proprietary or legal rights. You further agree that you shall not attempt (or encourage or support anyone else’s attempt) to circumvent, reverse engineer, or otherwise alter or interfere with the Services, or any content thereof, or make any unauthorized use thereof. Without NFTMagazine’s prior written consent, you shall not:
- access any part of the Services, Content, data or information you do not have permission or authorization to access or for which NFTMagazine has revoked your access;
- use robots, spiders, scripts, service, software or any manual or automatic device, tool, or process designed to data mine or scrape the Content, data or information from the Services, make automated submissions or interactions such as likes and upvotes, or otherwise access or collect the Content, data or information from the Services using automated means;
- use services, software, or any manual or automatic device, tool, or process designed to circumvent any restriction, condition, or technological measure that controls access to the Services in any way, including overriding any security feature or bypassing or circumventing any access controls or use limits of the Services;
- cache or archive the Content (except for a public search engine’s use of spiders for creating search indices);
- take action that imposes an unreasonable or disproportionately large load on our network or infrastructure; and
- do anything that could disable, damage, or change the functioning or appearance of the Services, including the presentation of advertising.
- Engaging in a prohibited use of the Services may result in civil, criminal, and/or administrative penalties, fines, or sanctions against the user and those assisting the user.
Representations and Warranties; Indemnification; Limitation of Liabilities
- Specifically, you agree to hold NFTMagazine, its affiliates, officers, directors, employees, agents, and third-party service providers harmless from and defend them against any claims, costs, damages, losses, expenses, and any other liabilities, including attorneys’ fees and costs, arising out of or related to your access to or use of NFTMagazine, your violation of this user agreement, and/or your violation of the rights of any third party or person.
- You will not hold NFTMagazine liable for any special, consequential, indirect, incidental, punitive, reliance, or exemplary damages, whether in tort, contract, or any other legal theory, arising out of or in any way connected with this agreement or your use of or attempt to use NFTMagazine, including (but not limited to) damages for loss of profits, goodwill, use, or data. This limitation on liability shall not be affected even if we have been advised of the possibility of such damages. Some states do not allow for the exclusion of implied warranties or the limitation or exclusion of liability for incidental or consequential damages, so the above exclusions may not apply to you. You may have other rights that vary from state to state.
- You agree to release us, our affiliates, and third-party service providers, and each associated director, employee, agents, and officers, from claims, demands and damages (actual and consequential), of every kind and nature, known and unknown, disclosed or undisclosed, arising out of or in any way connected to your use of NFTMagazine.
Fees and Payments
- We reserve the right at any time to charge fees for access to portions of the Services or the Services as a whole. In no event, however, will you be charged for access to the Services unless we obtain your prior agreement to pay such charges.
- You shall have no rights to the proprietary software and related documentation, or any enhancements or modifications thereto, provided to you in order to access the Services (“Software”). You may not sublicense, assign or transfer any licenses granted by NFTMagazine, and any attempt at such sublicense, assignment or transfer shall be null and void.
Governing Law; Arbitration
- The Terms of Service shall be governed by, and construed and enforced in accordance with, the laws of the State of California, without regard to conflicts of laws provisions. Unless otherwise agreed in writing by you and us, any dispute arising out of or relating to the Agreement, or the breach hereof, shall be finally resolved by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, or such arbitration body as required by law, rule or regulation, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitration will be conducted in the English language before a single arbitrator in the City of Irvine, California. Such arbitration must be commenced within one (1) year after the claim or cause of action arises. If for any reason any provision of this Agreement, or a portion thereof, shall be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect. This Agreement constitutes the entire agreement between us and you with respect to the Site and the Services and it supersedes all prior or contemporaneous communications, agreements and understandings between us and you with respect to the subject matter hereof.
- If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us the following information. Please be advised that to be effective, the notice must include ALL of the following:
- a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Site;
- your address, telephone number, and email address and all other information reasonably sufficient to permit us to contact you;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
- notices of claimed copyright infringement should be directed to: firstname.lastname@example.org