D-TECZONE / ELROND SHARKS – TERMS AND CONDITIONS
These terms and conditions (the «Terms and Conditions») apply when you («user» and/or the «Users») view or use any of the «D-Teczone» services collectively, («the Services»), including www.d-teczone.com («the Platform»). Please carefully review the following Terms and Conditions.
We provide a digital collection of 2.000 Elrond Sharks NFT. These assets may be displayed on our platform and purchased through any other third party we use to promote our art.
You may only use this platform in accordance with these Terms and Conditions and may not use it to engage in any illegal activity or fraudulent purpose or to infringe the rights of this Platform or others.
1) LEGALLY BINDING TERMS AND CONDITIONS
The provisions of these Terms and Conditions are legally binding, and contractually bind Users to this Platform. By accessing this Platform, you accept these Terms, and agree that you are legally bound by them. If you do not agree to these Terms, please do not use our services.
These provisions will remain in effect between the parties from the time you access our services and the platform and will remain in effect even if you terminate your relationship with us.
2) OUR SERVICES
When you access our services and NFT through a third-party provider, such as cryptocurrency wallet integration like Maiar app, Maiar DeFi Wallet, Elrond Wallet, you agree to share your public wallet address, comply with their terms and conditions and follow their instructions. Users are fully responsible for the security and management of their own private Elrond wallets and for validating all transactions and contracts generated by this website before approval.
The user agrees that by accessing our digital work through Trust Market, isengard.market, deadrare.io, we are not responsible for any failure or misconduct incurred by that third party platform. We are not responsible for any loss, hacking, price decreases or anything related to the operation of that platform or NFT’s assets.
If you are under the age of 18, please do not submit personal information to the Services. In no event may a minor access this platform with or without the consent of a parent or guardian.
Registrations are personal and non-transferable, and the registrant is solely responsible for the actions taken with their registration.
You hereby represent and warrant that you are fully able and competent to enter into the terms, conditions, obligations, obligations, affirmations, representations and warranties set forth in these Terms and to abide by and comply with these Terms. By accessing the Content, the Site or the Tools, you represent and warrant that you are of the age of majority in your jurisdiction as required to access such Tools and Content and to enter into the agreements provided for in the Tools. You further represent that you are legally authorized to use the Tools in your jurisdiction, including possession of cryptographic tokens, and to interact with the Site, the Tools or the Content in any manner. You further represent that you are responsible for ensuring compliance with the laws of your jurisdiction and acknowledge that we are not responsible for your compliance or noncompliance with such laws. You further represent and warrant that any funds or assets used by you have been legally obtained in compliance with all applicable laws.
The information on the Site and its contents are not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or would subject us to any registration requirement in such jurisdiction or country. Accordingly, persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, to the extent local laws are applicable. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Platform.
5) OUR PLATFORM
Our Platform allows users to access a variety of designs, digital art. You will have the option to view our artwork which is based on NFT designs and will be offered to the public with the limitation of 2.000 units.
This Platform is not part of any contractual relationship between you and any outside vendor that we may use to promote our services. We are not a financial institution, broker or insurer. We do not act as an agent, representative or broker in any capacity for any user of the Services.
Main Event. One (01) Elrond Shark possesses a unique trait, called «The Leader», who will receive a compensation of Ten (10) Elrond. Only one (1) of the 1.900 in the collection will receive the reward once the sale is closed and the collection is revealed. The rewards and up to ten (10) Elrond for the unique feature «The Leader «, these values are calculated at 100% of the sale, once the sale is closed and the collection is revealed, the amount will be distributed to the winner. As we only sell 1.900 (100 are for promotional purposes and for the developers) 100% = 1.900 units / 50% = 950units / 10% = 190 units. Any amount we sell will be calculated for the reward pot by the percentage equivalent to the sales.
This is not a sale. Although this Platform offers Digital Artwork, we only take custody or possession of Artwork that is created by us or duly authorized and licensed by the respective authors for promotion. The Platform makes it easy for the User to collect Digital Works of Art, but neither this Platform nor the Creators and Founders are custodians of any Digital Works of Art not created by us. The User understands and acknowledges that the Smart Contracts do not grant us custody, possession or control of any Digital Artwork at any time for the purpose of facilitating transactions on the Platform. The User affirms that it is aware and acknowledges that this Platform is a non-custodial service provider and has designed this Platform to be directly accessible by Users without intervention or action by this Platform or any third party. This Platform cannot make any representation or warranty that Buyers will achieve any particular result as a result of purchasing our NFTs.
6) RULES AND RESPONSIBILITIES
You agree that, in using our Services, you shall not:
Interfere with or disrupt the Platform or the servers or networks connected to the Platform, or disobey any requirements, procedures, policies or regulations of the networks connected to the Platform; or Violate any applicable local, state, national or international law, or any regulation having the force of law, including, without limitation, the Office of Foreign Assets Control («OFAC») of the United States Department of the Treasury, or involving the proceeds of any illegal activity; Encourage or promote any criminal activity or enterprise or provide instructional information about illegal activities, including for the purpose of concealing economic activity, laundering money or financing terrorism;
Obtain or attempt to access or otherwise obtain any material or information through any means not intentionally made available or provided through the Platform;
Use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Platform or content posted on the Platform, or to gather information about its Users for any unauthorized purpose;
Take any action, whether by act or omission, directly or indirectly, that has the potential to damage or harm the Platform or us in any way.
7) ASSUMPTION OF RISK
You agree to and acknowledge each of the following:
8) PAYMENT, TRANSACTION FEES AND TAXES
Fees. The fees for the sale of digital artwork on our platform are as follows:
By purchasing our digital assets, you agree and understand that all fees, commissions and royalties are transferred, processed or initiated directly through one or more of the smart contracts on the Elrond blockchain network.
We do not directly charge any fees, commissions or royalties for transactions that occur outside of our platform. We only collect 10% of the royalties related to secondary market transactions for the developer team. Users irrevocably release, absolve and forever discharge us and our subsidiaries, affiliates, officers and successors from any liability for royalties, penalties or fees not received from any off-market transactions.
We will have no knowledge of or control over these payments or transactions relating to digital art, nor do we have the ability to reverse any transaction. With this in mind, we shall have no liability to you or any third party for any claims or damages that may arise as a result of any transactions you enter into through the Site and/or the App or using the Smart Contracts.
Taxes. Users are responsible for paying any and all sales, use, value added and other taxes, duties and levies now or hereafter claimed or imposed by any governmental authority associated with your use of our platform, NFT and content (including, without limitation, any taxes that may be payable as a result of your ownership, transfer, purchase, sale or creation of any artwork)»
9) NO FINANCIAL ADVICE.
This Platform is not your broker, dealer, agent or advisor and has no fiduciary relationship or obligation to you in connection with any transaction or activity effected by you using these Platform Services. No communication or information provided to you by this Platform is intended to be, or shall be deemed or construed to be, investment advice, financial advice, or any other type of advice.
10) INTELLECTUAL PROPERTY AND OWNERSHIP
The materials produced by this Platform are intellectual works protected by the Intellectual Property Law applicable in the United States. Each of the elements that compose them (such as design, text, video, know how, name, music, graphics, images, information, applications, sounds, colors, logos, website design, applications and tools, among others) are the exclusive property of this Platform, its founders and owners. We are the only entity legally authorized to use the intellectual and creative property rights of these elements.
Any reproduction and/or total or partial representation, use, adaptation, or modification of the applications or any of the elements that compose them, in any format, or in any form, for other purposes, including commercial, is prohibited.
Access to our platform and services does not provide any exclusive license to use or dispose of them.
You acknowledge, understand and agree that access to our content does not constitute an «assignment of our intellectual property and creative rights» in your favor. We, our affiliates and successors have a non-exclusive, worldwide, assignable, sublicensable, perpetual, royalty-free license to make copies, display, perform, reproduce and distribute the digital artwork in any media now known or later discovered for the broad purpose of operating, promoting, sharing, developing, marketing and advertising the Platform, or any other purpose related to our business, including, without limitation, the express right to (i) display or represent the Digital Artwork on the Platform, a third party platform, social media postings, blogs, websites, publishers, advertising, market reports, virtual galleries, museums, virtual environments, publishers or to the public; (ii) create and distribute derivative digital or physical Artwork; (iii) index the Digital Artwork in electronic databases, indexes, catalogs; and (iv) host, store, distribute and reproduce one or more copies of the Digital Artwork within a distributed file maintenance system, node cluster or other database (e.g., IPFS) or cause, direct or request others to do so.
Artwork you mint. You are the owner of the artwork created by you, and you hereby acknowledge, understand and agree that, as the owner of the «artwork», you are granted the ability to collect, transfer, display, use, create physical versions, copy and display the acquired and/or created artwork for the purpose of creating derivative works. Nothing in this section shall prevent you from owning or operating a platform that allows the use and sale of the artwork in general, provided that the marketplace cryptographically verifies the rights of each owner. Your ownership does not allow you to create a variation of our NFT or sell it from a different contract.
Copyright Policy. This Platform prohibits the creation of any information that infringes or violates the copyright and/or other intellectual property rights (including privacy and publicity rights) of any person or entity.
This Platform has adopted the general policy regarding copyright infringement in accordance with the Digital Millennium Copyright Act («DMCA»).
Notification of Claims of Copyright Infringement. We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe that any materials created on our platform infringe your copyright, you may request removal of those materials (or access to them) from the website by notifying our designated copyright agent in writing below. In accordance with the Digital Millennium Copyright Act’s Online Copyright Infringement Liability Limitation Act (17 U.S.C. § 512) («DMCA»).
11) COMMUNITY GUIDELINES
When you collect our artwork:
You own the NFT that represents the artwork on the blockchain.
You can expose and share the artwork.
You can expose the artwork on any platform or virtual space.
You can resell it or trade it on a secondary market.
You can produce physical versions of the artwork you own, only if you agree to refer to us as the creators. Creators reserve the right to distribute or resell merchandise from other NFT holders.
What you cannot do as a collector:
You may not make any changes to the work.
You may not share the work in a context of hate, cruelty or bigotry.
You may not create additional NFTs that represent the same artwork.
12) SYSTEM FAILURES.
When you access our services and NFT through a third party provider, such as cryptocurrency wallet integration like Maiar app, Maiar DeFi Wallet,Elrond Wallet among others, you agree to share your public wallet address, comply with their terms and conditions and follow their instructions. Users are fully responsible for the security and management of their own private Elrond wallets and for validating all transactions and contracts generated by this website before approval. You agree that by accessing our digital artwork through Trust Market, isengard.market, deadrare.io and secondary marketplaces in general, we are not responsible for any failure or misconduct incurred by that third party platform. We are not responsible for any losses, hacks, price declines or anything related to the operation of that platform or NFT’s assets. If you are under the age of 18, please do not submit personal information to the Services. In no event may a minor access this platform with or without the consent of a parent or guardian. Registrations are personal and non-transferable, and the registrant is solely responsible for the actions taken with his or her registration.
This Platform is not responsible for any damage, loss or damage to the User’s equipment caused by system, server or Internet failures. This Platform does not guarantee continuous, uninterrupted access and use of the application. Eventually, the system may not be available for technical reasons or Internet failures, or any other circumstances beyond the control of this Platform or under our control.
Web applications may contain links to other applications or sites over which this Platform has no control. The inclusion of links to other applications or sites is for informational purposes only, so this Platform has no control over their content, services and / or products offered and can not be held, in this regard, of any responsibility.
14) DISCLAIMER OF LIABILITY
The User expressly agrees that:
User expressly understands and agrees that access to and use of the Site, and the Content are at User’s sole risk, and that the Site, and the Content are provided on an «as is» and «as available» basis without warranties of any kind, either express or implied.
To the fullest extent permitted by applicable law, we, our subsidiaries, affiliates and licensors make no express warranties and hereby disclaim all implied warranties with regard to the site, the content and any part thereof (including, without limitation, the site, any smart contract or any external website), including the implied warranties of merchantability, fitness for a particular purpose, non-infringement, correctness, accuracy or reliability. Without limiting the generality of the foregoing, we, our subsidiaries, affiliates and licensors do not represent or warrant to you that (i) your access to or use of the site, and the content will meet your requirements, (ii) your access to or use of the site, the content will be uninterrupted, timely, secure or error-free, (iii) usage data provided through the site will be accurate, (iii) the site or any content, services or features available on or through the site and the content are free of viruses or other harmful components.
You accept the security risks inherent in providing information and transacting online over the Internet and agree that we have no liability for any breach of security unless due to our gross negligence.
We will not be liable to you for any loss you incur as a result of your use of any third party platform, Elrond network or any electronic wallet, including, but not limited to, any loss, damage or claim arising from (a) user error, misinterpreted smart contracts or other transactions; (b) server failures or loss of data; (c) corrupted wallet files; (d) unauthorized access or activities by third parties, including, but not limited to, the use of viruses, phishing, brute force or other means of attack against the app, the Elrond network or any electronic wallet.
We are not responsible for any losses due to blockchain or any other feature of the Elrond network or any e-wallet, including, but not limited to, late notification by developers or representatives (or lack of notification) of any problems with the blockchain supporting the Elrond network, including forks, technical problems of nodes or any other problems resulting in loss of funds
You agree to defend, indemnify and hold harmless this Platform, and those responsible for it, from and against any claims, damages, obligations, losses (whether direct, indirect or consequential), liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising out of (i) Your breach of any provision of this User Agreement; (ii) Your breach of any third party right, including, without limitation, any copyright, trademark, trade secret or other proprietary right, or right of privacy; (iii) Your use of the Platform or the Service; or (iv) any claim that the Platform, the Services or any Materials caused damage to you or a third party. This indemnification obligation will survive termination, modification or expiration of this Agreement and Your use of the Service and the Platform.
16) LIMITATION OF LIABILITY
User expressly understands and agrees that this Platform shall not be liable for any indirect, incidental, special, consequential, exemplary, or damages for loss of profits, including, but not limited to, loss of value of any digital artwork, damages for loss of goodwill, use, data or other intangible losses (even if this Platform has been advised of the possibility of such damages), whether based in contract, tort, negligence, strict liability or otherwise, resulting from: (i) the use or inability to use the Platform; (ii) the cost of acquiring substitute goods and platforms resulting from any digital artwork, goods, data, information or platforms purchased or obtained or messages received or transactions conducted through or from the Platform; (iii) unauthorized access to or alteration of your transmissions or data; (iv) the statements or conduct of any third party on the Platform; or (v) any other matter relating to the Platform. In no event shall this Platform’s total liability to you for all damages, losses or causes of action exceed the amount you have paid to this Platform during the term of your relationship with us.
Accordingly, some of the above limitations may not apply to you or may not be enforceable against you. If you are dissatisfied with any part of the Platform or these Platform Terms, your sole and exclusive remedy is to discontinue using the Platform.
17) STATUTORY LIMITATIONS ON DISCLAIMERS OF LIABILITY
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of certain liabilities and damages. Accordingly, some of the disclaimers and limitations set forth in these Terms may not apply in their entirety to certain Users. The disclaimers and limitations of liability provided in these Terms shall apply to the fullest extent permitted by applicable law.
To the fullest extent permitted by applicable law, in consideration of your being permitted to use the Tab, you hereby release and forever discharge and forever discharge this Platform and its founders from, and hereby waive and relinquish, any and all past, present and future disputes, claims, controversies, demands, rights, obligations, liabilities, actions and causes of action of every kind and nature (including personal injury, death and property damage), which have arisen or arise directly or indirectly from, or relate directly or indirectly, to the Tab. You hereby waive any applicable statutory or regulatory provisions relating to the foregoing, including the provisions of California Civil Code Section 1542, which provides: «a general release does not extend to claims which the creditor or releasing party does not know or suspect to exist in its favor at the time of executing the release, and which, had it known them, would have materially affected its settlement with the debtor or the released party.»
You may not assign any rights or licenses granted under the Agreement. We reserve the right to assign any rights and/or licenses under this Agreement without restriction, including, but not limited to, any of this Platform’s affiliates or subsidiaries or any successor to this Platform or business interests.
20) FORCE MAJEURE.
We shall not be liable for any delay or failure in the operation of the File that is the direct or indirect result of any event or circumstance beyond our reasonable control, including, but not limited to, natural disasters, civil unrest, terrorism, significant market volatility and failure of Internet services, equipment or software.
21) BREACH OF THE AGREEMENT
Failure to comply with any of the provisions of this Agreement shall constitute a material breach. In the event of a breach or threatened breach of the provisions of this Agreement, we may terminate, suspend and/or restrict your account, access and/or use of the Service. Upon execution of this Agreement, your obligations under this Agreement shall be to indemnify us for all losses and damages caused by such breach.
22) PARTIAL INVALIDITY
If any provision of the General Conditions is held to be invalid or unenforceable for any reason or to any extent, such invalidity or unenforceability shall in no way affect or render invalid or unenforceable the remaining provisions of the General Conditions, and enforcement of such provision shall be to the extent permitted by law.
23) DISPUTE RESOLUTION AND ARBITRATION
You hereby understand that arbitration precludes you from suing in court or having a jury trial. You and this Platform agree that any dispute arising out of or relating to this Agreement is personal to you and this Platform, and that any dispute will be resolved solely through an individual action, and will not be brought as a class arbitration, class action or any other type of representative proceeding.
Except in the case of small claims disputes in which you or this Platform seek to bring an individual action in a small claims court located in the county or other applicable jurisdiction in which you reside, or disputes in which you or this Platform seek injunctive or other equitable relief for alleged unlawful use of intellectual property, you and this Platform waive your rights to a jury trial and to have any dispute arising out of or relating to this Agreement or the NFT resolved in court. Instead, for any dispute or claim you have against this platform or related in any way to the Services, you agree to first contact this platform and attempt to resolve the claim informally by sending written notice of your claim («Notice») to us.
If you and this Platform are unable to reach an agreement to resolve the claim within thirty (30) days of receipt of such Notice, either party may submit the dispute to binding arbitration administered by JAMS or, in the limited circumstances set forth above, to a court. All disputes submitted to JAMS shall be resolved by confidential binding arbitration before an arbitrator. Arbitration proceedings shall be conducted in San Francisco, California, in accordance with the JAMS General Arbitration Rules and Procedures («JAMS Rules»). The most recent version of the JAMS Rules is available on the JAMS website and is incorporated by reference. You acknowledge and agree that you have read and understand the JAMS Rules or waive your opportunity to read the JAMS Rules and waive any claim that the JAMS Rules are unfair or should not apply for any reason.
The applicability of this Section shall be governed substantively and procedurally by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the «FAA»), to the extent permitted by applicable law. As limited by the FAA, these Terms and the AAA Rules, the arbitrator shall have exclusive authority to make all procedural and substantive decisions in connection with any dispute and to award any remedies otherwise available in court, including the power to determine the issue of arbitrability.
Any claim arising out of or related to this Agreement must be brought within one year after such claim arose; otherwise, the claim is permanently barred, which means that you and this Platform will have no right to assert the claim.
You have the right to opt out of binding arbitration within 30 days of the date you first agreed to the terms of this Section by contacting us. By opting out of binding arbitration, you agree to resolve disputes in accordance with the applicable law section.
If any part of this Section is deemed unenforceable or illegal for any reason, the unenforceable or illegal provision will be severed from this Agreement, the severance of the unenforceable or illegal provision will have no impact on the remainder of this Section or the ability of the parties to compel arbitration of any remaining claims on an individual basis under this Section, and to the extent that any claims should therefore proceed on a class, collective, consolidated or representative basis, such claims shall be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of such claims shall be stayed pending the outcome of any individual claim in arbitration.
24) GOVERNING LAW
The interpretation and performance of the Agreement, as well as any disputes relating to the Agreement or the NFT, shall be governed by and construed in accordance with the laws of California, as applicable, without regard to conflict of law rules or principles that would cause the application of the laws of any other jurisdiction. You agree that we may bring a proceeding relating to the enforcement or validity of our intellectual property rights in any court having jurisdiction. You agree that San Francisco, California is the proper forum for any appeal of an arbitration award or for court proceedings in the event that the binding arbitration clause of this Agreement is deemed unenforceable.
Upon termination of these Terms for any reason, all rights and obligations of the parties that by their nature are continuing shall survive such termination.