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COMMUNITY
Yuser Marketplace Terms and Conditions
Introduction
Welcome to the Yuser NFT Marketplace, owned and operated by the Yuser Network. Please ensure that you read and understand these Terms of Service as they influence the acceptable use of the Service and the permissions granted to those engaging with the Service. Please take a moment to familiarize yourself with the terms used in this agreement:
“Yuser Network” refers to Yuser Inc. and all it’s entities, including but not limited to the Yuser App and the Yuser NFT Marketplace.
“Yuser”/”Yuser Network”/”Us”/”We”/”Our” refers to the Yuser Network and it’s core team.
“The Service’ refers to the Yuser NFT Marketplace.
“Terms” refers to these Terms of Service.
“User/End User/You/Your” refers to you as the user of the service(s) provided by Yuser
BY ACCEPTING THESE TERMS AND/OR USING OUR SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL OF THE TERMS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICE.
Yuser is not party to agreements made between end users. Each individual user bears the full responsibility of verifying the identity, legitimacy, and authenticity of NFTs that they purchase from third-party sellers using the Service. As such, Yuser makes no claims about the identity, legitimacy, functionality, or authenticity of users or NFTs (and/or their related content) present on the Yuser NFT Marketplace.
Modification of this Agreement
Yuser reserves the right to change or modify these Terms at any time, at our sole discretion. If/when significant changes are made to these Terms, we will make an appropriate and public effort to notify users of said changes. Continued use of the Service confirms your acceptance of the Terms in their most current state.
Eligibility
Yuser requires that all users of the Service be at least 18 years of age. Those under 18 years of age but equal to or older than 13 may use the Service with parental/guardian oversight, with the adult account holder being held accountable for all actions undertaken by said account. Those under the age of 13 may not use the Service under any circumstances.
Communication Preferences
By creating an account, you consent to electronic communication from Yuser including but not limited to emails, push notifications, and in-app notifications, that may include promotional material.
License to Access and Use the Service
By agreeing to these Terms of Service, you are granted a limited, nonexclusive, nontransferable, nonsublicensable, and personal license to access and use the Service provided, contingent on your compliance with these Terms. In the event that you violate any of the Terms outlined in this document, all licenses granted by Yuser will be automatically terminated. Yuser reserves the right to take action against your account by methods including but not limited to suspending, disabling, and/or terminating your account at our sole discretion.
Intellectual Property
As it applies to:
Yuser:
Yuser is the sole owner of The Service including all proprietary content and intellectual property (hereinafter referred to as “IP”) therein, which includes but is not limited to logos, icons, software, slogans, text, designs, images, and copyrights. By agreeing to these Terms, you agree to not use Yuser’s IP in a manner that is inconsistent with such ownership interests.
Any third-party trademarks, registered trademarks, and/or product names featured in the content linked to or associated with any NFTs displayed on Yuser 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 lawful IP rights holder. Any mention or representation of third parties including but not limited to products, services, or trademarks visible on the service does not constitute or imply the endorsement or sponsorship of Yuser.
Feedback from users is welcomed by the Yuser team, and may be considered at our sole discretion, with no further notice, compensation, or credit to the user who submitted said feedback in the event that it is implemented in any way in the Service.
The Creator:
You represent and warrant that you possess all rights to the content that you display on the Service in any way, and that said content does not include material subject to copyright, trademark, or other IP rights to which you are not entitled. You also warrant that you are solely responsible for the content.
By using the Service in conjunction with creating, submitting, posting, promoting, or displaying content, you grant us permission to use your content in part or in whole in promotional material for the Yuser Network.
Yuser reserves the right to take down any content that is determined to violate these Terms, regardless or whether or not a formal complaint has been made by the IP rights holder.
The Buyer:
The purchase of a token does not confer to you, the buyer, any IP rights to the content. You may not prevent the creator of said content from using the content for further commercial work. As the buyer and token holder, you maintain the right to display and/or resell the content to another user at your discretion.
Assumption of Risk
By accessing the Service, you acknowledge the following:
You understand the risks of cryptography and the volatility of cryptocurrency, as well as the subjectivity of the value of NFTs.
You understand that there are risks associated with internet and blockchain usage including but not limited to malicious software, failed connections, and the risk that third parties may gain unauthorized access to your wallets, assets, and/or accounts
You are solely responsible for determining what, if any, taxes apply to your transactions.
That Yuser does not control the blockchains you interact with when accessing the Service, and that blockchain events (including any and all transactions) are irreversible.
In the event of a dispute with one or more users, you release Yuser from claims, demands, and damages of every kind and nature, known and unknown, arising from or in any way related to such disputes. By agreeing to these Terms, you waive any protections (statutory or otherwise) that would otherwise limit the coverage of this release to include those claims which you may know or suspect to exist in your favour at the time of agreeing to this release.
App Terms
By agreeing to these Terms, you assert that you will not violate any of the rules of the application store from which you have downloaded any software relating to the Yuser Network, and that your use of the Service will in no way infringe on the Terms set out by said store. We do not guarantee the user’s ability to access and use the Service on any particular device or with any particular service plan in any particular geographic location.
Code of Conduct
By agreeing to these Terms, you warrant that you will not violate any law, contract, intellectual property or other third-party right, and that you are solely responsible for your conduct and content, while accessing or using the Service. You also agree that you will not: Impersonate another person or entity Purchase your own NFT using your own or an alternate account Attempt to access another user’s account without their permission Spam the network through means including but not limited to sending unwanted NFTs to users Attempt to damage, disable, hack, data mine, duplicate, decode, or impair the Service in any way Use the Service in any way that is illegal, incites hate or violence, discriminates, doxes, and/or exploits others Use the Service for money laundering, terrorist financing, or other illicit finance; Use the Service to create, sell, or buy NFTs or other items that give owners rights to participate in an ICO or any securities offering, or that are redeemable for securities, commodities, or other financial instruments Create, display, buy, sell, or otherwise promote illegal content including but not limited to fraudulently acquired content and stolen items
Fees and Payments
If and when you take it upon yourself to buy, sell, or otherwise transact using the Service, you acknowledge that all financial transactions are conducted by the MoonRiver network via MetaMask (or other compatible wallets) and that Yuser has no insight into or control over said transactions. You acknowledge that the MoonRiver Network charges a gas fee (a transaction fee) for every transaction hosted by the MoonRiver Network. You acknowledge that Yuser holds no responsibility or liability for any issues including but not limited to claims and damages that may arise from your interactions with the Service, or using the Smart Contracts, or any other transactions that you conduct via the MoonRiver network or MetaMask. Each time you make a sale via the Yuser NFT Marketplace, you authorize us to collect 3% transaction fee from the primary sale.
Indemnification
The user agrees to defend, indemnify, and hold harmless Yuser, Yuser Affiliates, and each of their respective directors, officers, employees, and agents from and against any and all third-party claims, demands, and liabilities, including reasonable attorneys fees, resulting from or arising out of: (i) any breach of Client’s representations and warranties in this Agreement; or (ii) the user’s failure to comply with user’s obligations under any and all laws, rules or regulations applicable to the user under this Agreement, except to the extent such violation arises out of Yuser’s failure to comply with Yuser’s obligations hereunder.
Privacy
You are solely responsible for the information you display while using any aspect of the service including but not limited to item descriptions, biographic information, profile pictures, and more. You acknowledge that Yuser is not liable or responsible for any consequences that may arise from your sharing of personal information on the Service.
Limitation of Liability
By agreeing to these Terms of Service, you assert that Yuser is in no way liable for any damages of any kind resulting from your access or use of the Yuser Network, including but not limited to any loss of profit, digital assets, or intangible property. You warrant that Yuser assumes no liability for any errors, omissions, mistakes, or inaccuracies in the content displayed on the Yuser Network, or for unauthorized access or use of any server or database controlled by Yuser; bugs, viruses etc. in the software; suspension of service; or any conduct of any third party whatsoever.
In the event that any hyperlink or reference to a third party website, product, or person is shared or published to any Yuser Network channel, you acknowledge that it is for your convenience only, and does not constitute an endorsement on behalf of Yuser. You acknowledge that Yuser has no legal responsibility for content or information of such third party sites.
By agreeing to these Terms of Service and accessing the platform, you agree to indemnify, defend and hold harmless Yuser Inc., and our respective past, present, and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors, and assigns (individually and collectively known as the “Yuser Parties”), from and against all actual or alleged claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including and without limitation attorneys’ fees and expenses), and costs (including and without limitation court costs, costs of settlement, and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract, or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of the Service, content, NFTs, or content linked to or associated with any NFTs (b) any Feedback you provide, (c) your violation or breach of any term of these Terms or applicable law, and (d) your violation of the rights of or obligations to a third party, including another user or third-party, and (e) your negligence or wilful misconduct. You agree to promptly notify Yuser Inc. of any Claims and cooperate with the Yuser Parties in defending such Claims. You further agree that the Yuser Parties shall have control of the defense or settlement of any Claims. THIS INDEMNITY IS IN ADDITION TO, AND NOT IN LIEU OF, ANY OTHER INDEMNITIES SET FORTH IN A WRITTEN AGREEMENT BETWEEN YOU AND YUSER.