1) Accepting these Terms
2) Your EMG NFT Marketplace Account
You need to create an account with EMG NFT Marketplace to use the Services. When you create an account, we will ask you for some information about yourself. We may require you, in our sole discretion, to provide additional information and/or documents. If you do not provide complete and accurate information and/or documents in response to such a request, we may refuse to provide you with the Services.
Your EMG NFT Marketplace account is subject to the following conditions:
3) Account Suspension
IF EMG NFT MARKETPLACE HAS A REASONABLE BELIEF THAT YOU HAVE ENGAGED IN ACTIVITIES (1), (2), (3), (4), or (5) ABOVE, EMG NFT MARKETPLACE RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CONFISCATE ANY EMGS PURCHASES PURSUANT TO THOSE ACTIVITIES AND/OR DEEM SUCH TRANSACTIONS NULL AND VOID.
You agree that we may send you promotional communications by email, including, but not limited to, newsletters, special offers, surveys, and other news and information we think will be of interest to you.
You agree that we may send you communications by email or text message that pertain to the status of a purchase or sale of a EMG Token on EMG NFT Marketplace, and other communications that pertain to your interaction with the website, including but not limited to notifications about the status of a EMG Token you are interested in purchasing.
You may opt out of promotional communications at any time by following the instructions provided therein.
5) User Content
You understand and agree that you are responsible for any User Content you submit or contribute, and you, not EMG NFT Marketplace, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content, accuracy, or appropriateness of any User Content posted by you or any other user on the Site.
If you are a EMG Token Creator, you hereby grant EMG NFT Marketplace non-exclusive, worldwide, royalty-free licenses to:
As a EMG Token Creator, you understand and agree that:
Unless otherwise indicated in writing by us, the Site, all content, and all other materials contained therein, including, without limitation, the EMG NFT Marketplace logo, and all designs, text, graphics, pictures, information, data, software, sound files, other files, and the selection and arrangement thereof (collectively, “EMG NFT Marketplace Content”) are the proprietary property of EMG NFT Marketplace or our affiliates, licensors, or users, as applicable. The EMG NFT Marketplace logo and any EMG NFT Marketplace product or service names, logos, or slogans that may appear on the Site or elsewhere are trademarks of EMG NFT Marketplace or our affiliates, and may not be copied, imitated or used, in whole or in part, without our prior written permission.
You may not use any EMG NFT Marketplace Content to link to the Site or Content without our express written permission. You may not use framing techniques to enclose any EMG NFT Marketplace Content without our express written consent. In addition, the look and feel of the Site and Content, including without limitation, all page headers, custom graphics, button icons, and scripts constitute the service mark, trademark, or trade dress of EMG NFT Marketplace and may not be copied, imitated, or used, in whole or in part, without our prior written permission.
Notwithstanding anything to the contrary herein, you understand and agree that you shall have no ownership or other property interest in your account, and you further agree that all rights in and to your account are and shall forever be owned by and inure to the benefit of EMG NFT Marketplace.
7) Terms of Sale
By placing a bid or an order on or through EMG NFT Marketplace, you agree that you are submitting a binding offer to purchase such EMG Token or Service. Your order is accepted and confirmed once purchase is complete, and EMG NFT Marketplace displays the Confirmation Page ("Confirmation Page"). YOU HEREBY EXPRESSLY AGREE THAT THE SUPPLY OF A EMG TOKEN BEGINS IMMEDIATELY AFTER THE CONFIRMATION PAGE IS DISPLAYED.
No refunds or returns are permitted except with respect to any statutory warranties or guaranties that cannot be excluded or limited by law.
EMG Token Creators may choose to provide certain rights to holders of their EMGs, which may include, but is not limited to, physical items, special access, or other exclusive content (collectively, “Additional Items”). Any Additional Items will be provided directly to you from the EMG Token Creator; EMG NFT Marketplace has no involvement in such transactions and is not a party to such transactions. Notwithstanding the above, EMG NFT Marketplace may publish a description of the Additional Items on its website on behalf of the EMG Token Creator. If you own a EMG Token that entitles you to Additional Items, you hereby consent to EMG NFT Marketplace sharing your contact information with the EMG Token Creator to facilitate delivery of your Additional Items. _Unless otherwise stated, transactions on the Secondary Market are only for EMGs and do not grant the purchaser the right to any Additional Items. _
8) Intellectual Property
Outside the EMG NFT Marketplace Content, all other trademarks, product names, and logos on the Site 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 trademark holder. Without limiting the foregoing, if you believe that third-party material hosted by EMG NFT Marketplace infringes your copyright or trademark rights, please file a notice of infringement by contacting EMG NFT Marketplace’s Copyright Agent at intellectualproperty@EMGToken.com
In such event, please provide EMG NFT Marketplace’s Copyright Agent with the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of the location on Site of the material that you claim is infringing; (4) your address, telephone number and e-mail address; (5) a written 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; and (6) 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 the copyright owner’s behalf.
EMG NFT Marketplace’s policy is to suspend or terminate the account of repeat infringers. EMG NFT Marketplace’s response may depend on relevant aggravating or mitigating circumstances, but generally we will terminate an account if it is the subject of three valid infringement notices.
9) Your Use of EMG NFT Marketplace
We hereby grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Site and Content. Our grant of such license is subject to the following conditions:
10) Accidental Transfers
You understand and agree that in the event that you deposit digital assets or EMGs into an incorrect address, we may not have the ability, and are under no obligation or duty, to return such digital assets or EMGs to you. This section applies regardless of whether we control the destination address.
**Please note: **exceptions to this section may be considered and made on a case-by-case basis and in our sole discretion.
You agree and understand that we may modify part or all of EMG NFT Marketplace or the Services without notice.
Please note the following risks in accessing or using EMG NFT Marketplace: The price and liquidity of blockchain assets, including EMGs, are extremely volatile and may be subject to large fluctuations; Fluctuations in the price of other digital assets could materially and adversely affect EMGs, which may also be subject to significant price volatility; Legislative and regulatory changes or actions at the state, federal, or international level may adversely affect the use, transfer, exchange, and value of EMGs; EMGs are not legal tender and are not backed by the government; Transactions in EMGs may be irreversible, and, accordingly, losses due to fraudulent or accidental transactions may not be recoverable; Some transactions in EMGs shall be deemed to be made when recorded on a public ledger, which is not necessarily the date or time that you initiated the transaction; The value of EMGs may be derived from the continued willingness of market participants to exchange fiat currency or digital assets for EMGs, which may result in the potential for permanent and total loss of value of a particular EMG Token should the market for that EMG Token disappear; The nature of EMGs may lead to an increased risk of fraud or cyber attack, and may mean that technological difficulties experienced by Gemini may prevent the access to or use of your Digital Assets; Changes to Third Party Sites (discussed in Section 14 below) may create a risk that your access to and use of the Site will suffer.
You agree and understand that you are solely responsible for determining the nature, potential value, suitability, and appropriateness of these risks for yourself, and that EMG NFT Marketplace does not give advice or recommendations regarding EMGs, including the suitability and appropriateness of, and investment strategies for, EMGs. You agree and understand that you access and use EMG NFT Marketplace at your own risk; however, this brief statement does not disclose all of the risks associated with EMGs and other digital assets. You agree and understand that EMG NFT Marketplace will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using EMGs, however caused.
14) Third Parties
EMG NFT Marketplace provides these Third Party Sites only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Sites, or their products or services. You use all links in Third Party Sites at your own risk. When you leave our Site, our Agreement and policies no longer govern. We may, but are not obligated to, warn you that you are leaving our Site.
15) External Projects
16) External Listings
EMG NFT Marketplace may display EMGs, including prices, made available by or obtained from platforms other than EMG NFT Marketplace (“External Listings”). These External Listings will be identified as such. While EMG NFT Marketplace endeavors to publish and maintain accurate pricing information for External Listings, it is not possible for EMG NFT Marketplace to guarantee the prices displayed for External Listing, which can be changed at any time. By purchasing an External Listing, you acknowledge and agree that EMG NFT Marketplace is in no way responsible for the accuracy, timeliness, or completeness of such External Listings.
If you choose to purchase a EMG Token from an External Listing, EMG NFT Marketplace will act as a facilitator in the acquisition of such EMG Token and transfer it to you. EMG NFT Marketplace will cease acting as facilitator as soon as such EMG Token is transferred to you.
To facilitate the acquisition of your External Listing, EMG NFT Marketplace will charge your method of payment, in addition to the price of the External Listing, any applicable charges for taxes and fees (an amount that will be disclosed to you before you elect to proceed). This charge includes an amount we pay on your behalf to recover the amount we pay to the External Listing platform in connection with your acquisition.
If EMG NFT Marketplace is unable to acquire a EMG Token from an External Listing for any reason whatsoever, EMG NFT Marketplace will cancel the transaction and your funds will be returned to you. IN NO EVENT WILL EMG NFT MARKETPLACE BE LIABLE FOR THE FAILURE TO ACQUIRE A EMG TOKEN FROM AN EXTERNAL LISTING.
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY EMG NFT MARKETPLACE, THE SITE, CONTENT CONTAINED THEREIN, AND EMGS LISTED THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. EMG NFT MARKETPLACE (AND ITS SUPPLIERS) MAKE NO WARRANTY THAT THE SITE WILL (1) MEET YOUR REQUIREMENTS; (2) BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (3) BE ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE.
WE WILL NOT BE LIABLE FOR ANY LOSS OF ANY KIND FROM ANY ACTION TAKEN OR TAKEN IN RELIANCE ON MATERIAL OR INFORMATION, CONTAINED ON THE SITE. EMG NFT MARKETPLACE DOES NOT REPRESENT OR WARRANT THAT CONTENT ON THE SITE IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE.
WHILE EMG NFT MARKETPLACE ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE SITE AND CONTENT SAFE, EMG NFT MARKETPLACE CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITE, CONTENT, ANY EMGS LISTED ON OUR SITE OR OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE CANNOT GUARANTEE THE SECURITY OF ANY DATA THAT YOU DISCLOSE ONLINE. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND WILL NOT HOLD US RESPONSIBLE FOR ANY BREACH OF SECURITY UNLESS IT IS DUE TO OUR GROSS NEGLIGENCE.
WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS AND TAKE NO RESPONSIBILITY FOR, AND WILL NOT BE LIABLE TO YOU FOR, ANY USE OF EMGS INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (1) USER ERROR SUCH AS FORGOTTEN PASSWORDS, INCORRECTLY CONSTRUCTED TRANSACTIONS, OR MISTYPED ADDRESSES; (2) SERVER FAILURE OR DATA LOSS; (3) CORRUPTED WALLET FILES; (4) UNAUTHORIZED ACCESS TO APPLICATIONS; (5) ANY UNAUTHORIZED THIRD PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION THE USE OF VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK AGAINST THE SITE OR EMGS.
EMGS ARE INTANGIBLE DIGITAL ASSETS. THEY EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED IN THE ETHEREUM NETWORK. ANY TRANSFER OF TITLE THAT MIGHT OCCUR IN ANY UNIQUE DIGITAL ASSET OCCURS ON THE DECENTRALIZED LEDGER WITHIN THE ETHEREUM PLATFORM. WE DO NOT GUARANTEE THAT EMG NFT MARKETPLACE OR ANY EMG NFT MARKETPLACE PARTY CAN EFFECT THE TRANSFER OF TITLE OR RIGHT IN ANY EMGS.
EMG NFT Marketplace is not responsible for sustained losses due to vulnerability or any kind of failure, abnormal behavior of software (e.g., wallet, smart contract), blockchains, or any other features of EMGs. EMG NFT Marketplace is not responsible for sustained losses due to late reports by developers or representatives (or no report at all) of any issues with the blockchain supporting EMGs including forks, technical node issues or any other issues having fund losses as a result.
Nothing in this Agreement shall exclude or limit liability of either party for fraud, death or bodily injury caused by negligence, violation of laws, or any other activity that cannot be limited or excluded by legitimate means.
TO THE FULLEST EXTENT PROVIDED BY LAW, EMG NFT MARKETPLACE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SITE AND CONTENT CONTAINED THEREIN.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
18) Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL EMG NFT MARKETPLACE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM THIS AGREEMENT, THE SITE, PRODUCTS OR THIRD PARTY SITES AND PRODUCTS, OR FOR ANY DAMAGES RELATED TO LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE AND EVEN IF EMG NFT MARKETPLACE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITES, PRODUCTS OR THIRD PARTY SITES AND PRODUCTS ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA RESULTING THEREFROM.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF EMG NFT MARKETPLACE ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT, THE ACCESS TO AND USE OF THE SITE, CONTENT, EMGS, OR ANY PRODUCTS OR SERVICES PURCHASED ON THE SITE EXCEED THE GREATER OF (A) $100 OR(B) THE AMOUNT YOU HAVE PAID TO EMG NFT MARKETPLACE FOR THE SERVICES IN THE LAST SIX MONTHS OUT OF WHICH LIABILITY AROSE. THE FOREGOING LIMITATIONS OF LIABILITY SHALL NOT APPLY TO LIABILITY OF EMG NFT MARKETPLACE FOR (A) DEATH OR PERSONAL INJURY CAUSED BY A MEMBER OF EMG NFT MARKETPLACE’S NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY A MEMBER OF EMG NFT MARKETPLACE’S FRAUD OR FRAUDULENT MISREPRESENTATION.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. Some jurisdictions also limit disclaimers or limitations of liability for personal injury from consumer products, so this limitation may not apply to personal injury claims.
20) Governing Law
Please read the following agreement to arbitrate (“Arbitration Agreement”) in its entirety. This clause requires you to arbitrate disputes with EMG NFT Marketplace and limits the manner in which you can seek relief from us.
You agree that any dispute or claim relating in any way to: your access, use, or attempted access or use of the Site; any products sold or distributed through the Site; or any aspect of your relationship with EMG NFT Marketplace will be resolved by binding arbitration, except that (1) you may assert claims in small claims court if your claims qualify; and (2) you or EMG NFT Marketplace may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyright, or patent). You agree that any such arbitration shall be settled solely and exclusively by binding arbitration held in Bodrum, Turkey where EMG limited company is registered administered by Turkish corporate laws.
Any such arbitration shall be conducted in accordance with the Turkish Arbitration Rules & Procedures.
You understand that by agreeing to this Arbitration Agreement, you and EMG NFT Marketplace are each waiving their right to trial by jury and to participate in a class action or class arbitration.
If any part of this Arbitration Agreement is found to be invalid or unenforceable, then such part shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue to in full force and effect.
This Arbitration Agreement shall survive the termination of your relationship with EMG NFT Marketplace.
We reserve the right, without notice and in our sole discretion, to terminate your license to access or use the Site or Content, at any time and for any reason. You understand and agree that we shall have no liability or obligation to you in such an event.
25) Contact Information
If you have any questions, would like to provide feedback, or would like more information about EMG NFT Marketplace, please feel free to email us at firstname.lastname@example.org If you would like to lodge a complaint, please contact us at email@example.com
END OF AGREEMENT
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