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Terms of Service

NFT Creator, User
Last Updated: January 18, 2022
  1. 1.
    Introduction
  2. 2.
    • 1.1 Welcome to Maxity NFT Platform owned and operated by Blockpay Ltd (together with its affiliates, “Maxity”, "Company”, “we”, ”us” or “our”).
    • 1.2 These terms and conditions (“Terms”) govern your access to and use of the Maxity NFT Platform and any other software, tools, features, or functionalities provided on or in connection with our services, including without limitation using our services to view, explore, and create NFTs and use our tools, at your own discretion, to connect directly with others to purchase, buy, sell, or transfer NFTs on public blockchains (collectively, the "Service").
    • 1.3 By confirming that you agree to these terms and conditions and/or completing the account registration process and/or using the Maxity NFT Platform, you are deemed to have read, accepted, executed and agreed to be bound by these Terms, together with any documents that may be expressly referred to and are incorporated herein by reference, including, but not limited to, the sales terms of any individual NFT (“Sales Terms"), if applicable. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE MAXITY NFT PLATFORM, THE SITE AND THE SERVICE.
    • 1.4 These Terms constitute a legally binding agreement between you and Maxity and govern your access to and use of the Maxity NFT Platform, including any content, functionality, and services offered on or through the Site. PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION AND AFFECT YOUR LEGAL RIGHTS.
    • 1.5 MAXITY IS NOT A WALLET PROVIDER, EXCHANGE, BROKER, FINANCIAL INSTITUTION, OR CREDITOR. THE SERVICES ARE AN ADMINISTRATIVE PLATFORM ONLY. MAXITY NFT PLATFORM PROVIDES A PEER-TO-PEER SERVICE THAT HELPS USERS DISCOVER AND DIRECTLY INTERACT WITH EACH OTHER AND NFTS AVAILABLE ON PUBLIC BLOCKCHAINS AND PROVIDES A PLATFORM THAT FACILITATES TRANSACTIONS BETWEEN BUYERS AND SELLERS IN THE BUYING AND SELLING OF NFTS, BUT MAXITY IS NOT A PARTY TO ANY AGREEMENT BETWEEN THE BUYER AND SELLER OF NFTS OR BETWEEN ANY USERS OF THE PLATFORM.
    • 1.6 WE DO NOT HAVE CUSTODY OR CONTROL OVER THE NFTS OR BLOCKCHAINS YOU ARE INTERACTING WITH AND WE DO NOT EXECUTE OR EFFECTUATE PURCHASES, TRANSFERS, OR SALES OF NFTS. TO USE OUR SERVICE, YOU MUST USE A THIRD-PARTY WALLET WHICH ALLOWS YOU TO ENGAGE IN TRANSACTIONS ON BLOCKCHAINS.
    • 1.7 MAXITY SHALL NOT BE A PARTY TO OR HAVE ANY RESPONSIBILITY OR LIABILITY FOR, ARISING OUT OF, RELATING TO, ASSOCIATED WITH OR RESULTING FROM ANY DISPUTES BETWEEN ANY BUYER AND ANY SELLER OF AN ITEM IN RESPECT OF THE USE, MISUSE, PROVISION OR FAILURE TO PROVIDE ANY ITEM.
    • 1.8 MAXITY IS NOT PARTY TO ANY AGREEMENT BETWEEN ANY USERS. YOU BEAR FULL RESPONSIBILITY FOR VERIFYING THE IDENTITY, LEGITIMACY, AND AUTHENTICITY OF NFTS THAT YOU PURCHASE FROM THIRD-PARTY SELLERS USING THE SERVICE AND WE MAKE NO CLAIMS ABOUT THE IDENTITY, LEGITIMACY, FUNCTIONALITY, OR AUTHENTICITY OF USERS OR NFTS (AND ANY CONTENT ASSOCIATED WITH SUCH NFTS) VISIBLE ON THE SERVICE.
    • 1.9 Maxity reserves the right to change or modify these Terms at any time and in our sole and absolute discretion, by posting a notification to the Site. Any changes to these Terms will be in effect as of the “Last Updated Date” referred to at the top of this page. You should review these Terms before using the Maxity NFT Platform or any Services available thereunder.
    • 1.10 You agree and understand that by accessing or using the Maxity NFT Platform and the Site following any change to these Terms, you confirm your acceptance of the revised Terms and all of the terms incorporated therein by reference effective as of the date these Terms are updated. It is your sole responsibility to review the Terms from time to time to view such changes and to ensure that you understand the terms and conditions that apply when you access or use the Service.
    • 1.11 If any provision of these Terms or any future changes are unacceptable to you, do not use or continue to use the Maxity NFT Platform. Your continued use of the Maxity NFT Platform following the posting of any notice of any change to these Terms shall constitute your acceptance and agreement to such change.
    • 1.12 IMPORTANT NOTICE: THESE TERMS CONTAIN AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER. EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, YOU AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY ARBITRATION, AND YOU AND THE COMPANY WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
  3. 3.
    Definitions
  4. 4.
    • 2.1 In these Terms, unless the context requires otherwise, the following words and phrases have the meanings set opposite them: "Account" - has the meaning given to it in Clause 5; "Affiliate" - any entity that directly or indirectly Controls, is Controlled by, or is under common Control with, another entity; "Clause" - refers to the relevant clause to these Terms; "Intellectual Property Rights" - has the meaning given to it in clause 11.1.10. "Site" - means the website www.maxity.io; "Maxity NFT Platform" - means the NFT platform hosted on the Site, or such other URL as may be designated by Maxity from time to time, as well as any mobile apps or other related services or applications thereto, built and provided by Blockpay Ltd or its affiliated entity to facilitate the transacting and display of NFTs including without limitation the sale and purchase of NFTs. "NFT" - means a unique non-fungible token or similar digital item implemented on a blockchain using smart contracts to link to or otherwise be associated with certain content or data. "Own" - means, with respect to an NFT, an NFT that you have purchased or otherwise rightfully acquired from a legitimate source, where proof of such purchase is recorded on the Maxity blockchain network means Maxity privacy policy accessible here; "we/us/our" - means Blockpay Ltd; "user/you/your" - means each registered or unregistered end user of the Maxity NFT Platform and the Service. If you use the Maxity NFT Platform and the Service on behalf of a company or other entity then “you” includes you and that entity, and you represent and warrant that (a) you are an authorized representative of the entity with the authority to bind the entity to these Terms, and (b) you agree to these Terms on the entity's behalf; "VAT" - means value added tax, as defined by the Value Added Tax Act 1994 or any equivalent or similar tax imposed outside the United Kingdom;
    • 2.2 In these Terms:
      1. 1.
      2. 2.
        the introduction section and any clause or other headings and the use of bold type in these Terms are included for convenience only and shall have no effect on the interpretation of these Terms;
      3. 3.
        the words 'include', 'including', 'in particular' or any similar words and expressions will be construed as illustrative only and will not limit the sense of any word, phrase, term, definition or description preceding those words;
      4. 4.
        the use of the singular includes the plural and vice versa and a reference to one gender includes a reference to the other gender;
      5. 5.
        a reference to 'writing' or 'written' includes any method of reproducing words in a legible and non-transitory form.
  5. 5.
    Overview of the NFT Platform
    • 3.1 The Maxity NFT Platform allows users to create (mint), sell or offer for sale, purchase or offer to purchase, display and otherwise transact NFTs that they own, linked with certain digital media and art (“NFT Media”) or any non-digital products, services and/or benefits to be furnished by or on behalf of sellers in connection with the sale of such (“Sale Items”).
    • 3.2 You may only participate in the Minting, purchase or sale of any Item by registering for an Account, as described below.
    • 3.3 We facilitate transactions between buyer and seller of an NFT, but we are not a party to any agreement between buyer and seller of an NFT through the Maxity NFT Platform. We collect revenue on the Maxity NFT Platform via transaction fees and other applicable fees which we display when you interact with the Maxity NFT Platform.
    • 3.4 Maxity reserves the right to be the final decision maker on any disputes arising from purchases via the Maxity NFT Platform, including in connection with any auctions or other purchase methods.
  6. 6.
    Eligibility
    • 4.1 Maxity has sole and absolute discretion to determine access to the Maxity NFT Platform. We may, in our sole discretion, refuse, decline, suspend or disable your access to or use of the Maxity NFT Platform or your Account.
    • By agreeing to these Terms, you represent and warrant that:
      • 4.2.1 You are at least 18 years of age;
      • 4.2.2 You have the full right, power, and authority to agree to these Terms;
      • 4.2.3 You are not impersonating any other person;
      • 4.2.4 You are not prohibited from accessing or using the Maxity NFT Platform or any of its contents, products or services by applicable law and you will not use the Maxity NFT Platform if any applicable laws prohibit you from doing so in accordance with these Terms;
      • 4.2.5 You have read, understood and agreed to our Privacy Policy and Cookie Policy. YOU MAY NOT ACCESS OR USE THE MAXITY NFT PLATFORM IF YOU DO NOT AGREE TO THESE TERMS.
  7. 7.
    Accessing the Service, Account Set-Up and Security
    • 5.1 You must create an account ("Account") to use the Maxity NFT Platform.
    • 5.2 To create an Account, you must provide us with certain information about yourself.
    • 5.3 By creating an Account, you agree to provide accurate, current and complete registration information about yourself and to maintain and promptly update your account information as necessary.
    • 5.4 We may, in our sole discretion, require that you provide further information and/or documents at any stage during your use of the Maxity NFT Platform, including but not limited to certain circumstances, such as if required to do so by law or to investigate a potential breach of these Terms. In such cases, Maxity, in its sole discretion, may disable your Account and block your ability to access the Service until such additional information and documents are processed by Maxity. If you do not provide complete and accurate information in response to such a request, Maxity m ay refuse to restore your access to the Service.
    • 5.5 You will need a blockchain address and a third-party wallet to access the Service.
    • 5.6 Your Account will be associated with your linked blockchain address and display the NFTs for that blockchain address (and, if applicable, any content associated with such NFTs).
    • 5.7 Wallets are not operated by, maintained by, or affiliated with Maxity, and Maxity does not have custody or control over the contents of your wallet and has no ability to retrieve or transfer its contents. Maxity accepts no responsibility for, or liability to you, in connection with your use of a wallet and makes no representations or warranties regarding how the Service will operate with any specific wallet. If you discover an issue related to your wallet, please contact your wallet provider.
    • 5.8 By using your wallet in connection with the Service, you agree that you are using that wallet under the terms and conditions of the applicable wallet provider.
    • 5.9 You are solely responsible for the security of your Account and your electronic wallet, and you agree to accept responsibility for all activities that occur under your Account. We are not liable for any acts or omissions by you in connection with your Account or as a result of your Account or wallet being compromised. You must not share your login information, wallet credential or other security related information with any other person or allow any other person access to your Account.
    • 5.10 If you become aware of any unauthorized use of your password or of your Account, or otherwise suspect any security issues related to the Service, you agree to notify us immediately at [email protected]
  8. 8.
    Purchase, Sale and Transfer of NFTs
    • 6.1 The Maxity NFT Platform allows you to sell, purchase, collect and showcase NFTs on the Maxity blockchain network. Such transactions will be governed by, and conducted in accordance with, the individual sales terms applicable to each such transaction.
    • 6.2 You may enter into a fixed price sale transaction whereby the Seller of the NFT shall list such NFT for sale on the Maxity NFT Platform at a fixed sale price and the purchaser may enter into a legally binding agreement to purchase such NFT by committing to buy the NFT at the specified sale price, which offer from the Purchaser to buy the NFT is accepted by the Seller (“Fixed Price Sale” or “Sale”).
    • 6.3 In the event that you list an NFT in a Sale on the Maxity NFT Platform, you acknowledge and agree that:
      • 6.3.1 you must only list an NFT that you Own;
      • 6.3.2 your listing must be accurate, current, complete and include all the relevant information on the relevant NFT;
      • 6.3.3 your listing must not be misleading (including through the omission of any material information with respect to the NFT listed for Sale); and
      • 6.3.4 ny sale of such NFT will be final and that you will not be able to cancel the same or retain ownership in such NFT following the completion of the Sale transaction with respect to the relevant NFT.
    • 6.4 We reserve the right, in our sole and absolute discretion, to amend any listing to supplement, remove, or correct information that may be inaccurate or materially misleading.
    • 6.5 Upon the acceptance of a purchaser's offer in a Fixed Price Sale the total sale price for the purchased NFT (along with all applicable taxes and fees) shall be payable by the relevant purchaser in the relevant fiat currency or cryptocurrency as set forth by the seller in the relevant sales terms.
    • 6.6 We have no control over these payments or transactions, nor do we have the ability to reverse any payments or transactions. We have no liability to you or to any third party for any claims or damages that may arise as a result of any payments or transactions that you engage in via the Maxity NFT Platform, or any other payment or transactions that you conduct via the Maxity blockchain network.
    • 6.7 Every transaction on the Maxity NFT Platform requires the payment of a transaction fee (each, a “Transaction Fee”) as stipulated on the checkout screen at the time of your purchase. Except as otherwise expressly stated in these Terms rms, you will be solely responsible to pay any Transaction Fee for any transaction entered into via the Maxity NFT Platform.
  9. 9.
    Our Intellectual Property Rights
    • 7.1 Unless otherwise indicated by us (and except to the extent that such content is user content), the Maxity NFT Platform, the Site and all content, and other materials contained therein, including, without limitation, the Maxity logo, and all designs, text graphics, pictures, information, data, software, sound file and any other files relating to the Maxity NFT Platform ("Content") are the proprietary property of Maxity or our affiliates, licensors, or users, as applicable.
    • 7.2 We and our affiliates and licensors, as applicable, reserve all rights in connection with the Maxity NFT Platform and the Service and its content, including, without limitation, the exclusive right to create derivative works.
    • 7.3 Maxity name, logo and any Maxity NFT Platform product or service names, logos, or slogans that may appear on the Site or elsewhere are the intellectual property of Maxity or our affiliates or licensors, and may not be copied, imitated or used, in whole or in part, without our prior written permission.
    • 7.4 All other third party trademarks, registered trademarks, and product names mentioned on the Site or contained in the content linked to or associated with any NFTs displayed 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 intellectual property rights holder.
    • 7.5 You agree that all right, title and interest (including all copyright, trademark, service marks, and other Intellectual Property Rights of any kind, whether registered or unregistered) in the Content, the Maxity NFT Platform and the Services rendered thereunder (whether present or future) belong to us, our affiliates or our licensors, as applicable.
    • 7.6 Unless otherwise stated, you may not use any Content without our express written permission.
    • 7.7 We reserve the right to suspend or terminate any Account that has actually or allegedly infringed upon any person's intellectual property right, including but not limited to any content, copyright, trademark, patent, publicity, moral right, database or other intellectual property rights.
  10. 10.
    User Content
    • 8.1 In connection with your use of Service, you may be able to post, upload, submit or make available in any other way certain content, on or through Maxity NFT Platform (including but not limited to text, materials, images, files, communications, comments, feedback, suggestions, ideas, concepts, questions, data, NFT Media that is tied to NFTs you wish to sell on Maxity NFT Platform as a seller or otherwise), and any other content associated with your NFTs (“User Content”).
    • 8.2 You retain all rights to User Content you post, upload, submit, or otherwise make available through Maxity NFT Platform, except for rights expressly granted herein.
    • 8.3 By uploading, posting, submitting or otherwise making User Content available on the Site, you grant Maxity and our affiliates and our respective licensees, successors, and assigns, a worldwide, fully paid, royalty-free, sub-licensable, non-exclusive, and irrevocable (for so long as User Content is stored with us), license to access, use, copy, adapt, modify, store, sublicense, transmit , distribute, reproduce or display any User Content that you submit or post on or through the Maxity NFT Platform for any purpose.
    • 8.4 By posting or submitting User Content to Maxity NFT Platform, you represent and warrant that:
      • 8.4.1 you own and control all rights in and to your User Content;
      • 8.4.2 you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein for User Content to us and our affiliates and our respective licensees, successors, and assigns necessary;
      • 8.4.3 User Content will not be libellous or defamatory.
    • 8.5 You agree that User Content will not contain material subject to copyright or other proprietary rights, unless you have the necessary permission or are otherwise legally entitled to post the material and to grant us the license described above.
    • 8.6 You understand and agree that you are responsible for any User Content you submit or contribute, and you, and not Maxity, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. Maxity is 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.
    • 8.7 If you are a seller, you grant Maxity the right to use your name and image for marketing or promotional purposes and agree that we may use or modify images from the NFTs that you create for marketing or promotional purposes. You also agree that we can use your biography and other public information about you to promote the NFTs that you create.
    • 8.8 Maxity may monitor the User Content to detect and prevent fraudulent activity or violation of these Terms.
  11. 11.
    Copyright
    • 9.1 Maxity may, but is not obligated to, monitor the NFTs, NFT Media and Your Content uploaded to the Site for any infringement of a third party's intellectual property rights.
    • 9.2 Maxity retains the absolute right, but Maxity has not the obligation, to terminate the Account and remove the User Content of any user of the Service who violates or infringes our rights or those of any third party.
    • 9.3 However, Maxity cannot undertake to review all such content before it is posted on the Site, and cannot ensure prompt removal of objectionable content after it has been posted. Accordingly, Maxity assumes no liability for any action regarding transmissions, communications, or content provided by any user or third party.
    • 9.4 Without limiting the foregoing, if you believe that any text, graphics, photos, audio, videos or other materials or works uploaded, downloaded or appearing on the Site have been copied or used in a way that constitutes copyright infringement, please submit a notification of infringement to our legal department.
    • 9.5 Notices of copyright infringement claims should be sent by mail to: Blockpay Ltd, Attn: Legal Department, Blockpay Ltd, 40 Gracechurch Street, London, United Kingdom, EC3V 0BT; or by e-mail to [email protected]
    • 9.6 It is our policy, in appropriate circumstances and at our discretion, to disable or terminate the accounts of any users who repeatedly infringe copyrights or intellectual property rights of others.
    • 9.7 Please note that you will be liable for damages if you materially misrepresent that content or an activity is not infringing the copyrights of others.
  12. 12.
    Verification and Payments
    • 10.1 By buying and selling NFTs on the Maxity NFT Platform, you agree to pay all applicable fees, including transaction fees, as stipulated on the checkout screen at the time of your purchase. You authorise us to automatically deduct any such fees directly from payments to you and/ or add fees to your payments where applicable.
    • 10.2 When you make purchases through the NFT Platform, including, without limitation, any purchase for NFTs, you must provide and maintain valid payment information in connection with your Account with us. You represent and warrant that you are authorized to use the payment method you use via the Maxity NFT Platform to make any purchase. You authorize us to charge your payment method for the total amount of your purchase price. Your order may be suspended or cancelled for any reason, including if the payment method cannot be verified, is invalid or is otherwise not acceptable.
    • 10.3 We have no liability to you or to any third party for any claims or damages that may arise as a result of any payments or transactions that you engage in via the Maxity NFT Platform, or any other payment or transactions that you conduct via the Maxity NFT Platform.
    • 10.4 We do not provide refunds for any purchases or transactions that you might make on or through the Maxity NFT Platform; whether for NFTs or anything else.
  13. 13.
    Use and Conduct
    • 11.1 YOU AGREE THAT YOU ARE RESPONSIBLE FOR YOUR OWN CONDUCT WHILE ACCESSING OR USING THE MAXITY NFT PLATFORM AND YOUR ACCOUNT, AND FOR ANY CONSEQUENCES THEREOF. YOU AGREE TO USE THE MAXITY NFT PLATFORM OR YOUR ACCOUNT AT YOUR OWN RISK AND ONLY FOR PURPOSES THAT ARE LEGAL PROPER AND IN ACCORDANCE WITH THESE TERMS AND ANY APPLICABLE LAWS OR REGULATIONS.
    • 11.2 We hereby grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Maxity NFT Platform, the Site, the Content and the Service in accordance with these Terms. Our grant of such license is subject to the conditions set out in this clause 11.
    • 11.3 When using the Maxity NFT Platform and the Service, you undertake not to (and shall not, knowingly or otherwise, authorise, allow or assist any other party to):
      • 11.3.1 Use the Maxity NFT Platform or your Account if you are not 18 years old (or the minimum age required in your jurisdiction of residence to use the Maxity NFT Platform).
      • 11.3.2 Use the Maxity NFT Platform or your Account if you are temporarily or indefinitely suspended from using the Maxity NFT Platform, or are a person with whom transactions are prohibited under economic or trade sanctions or embargos.
      • 11.3.3 Acquire NFTs through inappropriate or illegal means.
      • 11.3.4 Use the Maxity NFT Platform, Site, or your Account to conduct electronic spamming or otherwise distribute any unsolicited or unauthorised advertising, promotional or marketing material, junk or chain messages.
      • 11.3.5 Use the Maxity NFT Platform, Site, or your Account to perform unlawful activities that violate any applicable laws or regulations (including but not limited to money laundering, terrorism financing and/or fraudulent activities) or immoral activities.
      • 11.3.6 Use the Maxity NFT Platform, Site, or your Account to engage in any activity which operates to defraud Maxity and its affiliates, other users, or any other person, or to provide any false, inaccurate, incomplete or misleading information to Maxity or any of its affiliates or third party services providers.
      • 11.3.7 Use the Maxity NFT Platform, Site, or your Account to upload content that contains or is infected with viruses, malicious codes, Trojan horses, is immoral or illegal or contains any other harmful or deleterious program or item of a destructive or deceptive nature.
      • 11.3.8 Modify or adapt the whole or any part of the Maxity NFT Platform and Site or incorporate the Site into any other programme or application.
      • 11.3.9 Disassemble, decompile, reverse-engineer or otherwise attempt to derive the source code, object code, underlying concepts, ideas and algorithms of the Site or any components thereof.
      • 11.3.10 Use any robot, spider, crawler, scraper, script, deep link or other similar automated data gathering or extraction tool, program, algorithm or methodology to access, copy, modify or monitor the Site.
      • 11.3.11 Use the Maxity NFT Platform, Site, or your Account in any manner that would lead to infringement of our, our affiliates' or any third party's intellectual property rights, including without limitation any copyright, patent or trademark, publicity, moral right, database or other intellectual property rights (“Intellectual Property Rights”). You undertake not to take or attempt to take any action or claim ownership of any property that infringes or would infringe upon our intellectual property interests.
      • 11.3.12 Use the Maxity NFT Platform, Site, or your Account in a way that could damage, disable, impair or compromise the Site or the provision of the Maxity NFT Platform or interfere with other users or affect the reputation of Maxity.
      • 11.3.13 Take any action that imposes an unreasonable or disproportionately large burden or load on the Maxity infrastructure (including, but without limitation to our servers, networks, data centres and related or like equipment) and detrimentally interfere with, intercept or expropriate any system, data or information belonging to other users of the Maxity NFT Platform.
      • 11.3.14 Engage in any other activities deemed inappropriate by us or which is in contravention of these Terms or any applicable laws.
      • 11.3.15 Act in breach of our privacy or confidentiality or the privacy or confidentiality of any user of the Maxity NFT Platform.
      • 11.3.16 Use, employ, operate or create a computer program to simulate the human behaviour of a user (“Bots”), and or use, employ or operate such Bots or other similar forms of automation to engage in any activity or transaction on the Maxity NFT Platform;
      • 11.3.17 Create nor register a security interest or encumbrance in or over any NFT.
      • 11.3.18 Use the Maxity NFT Platform, Site, or your Account to engage in any lottery, bidding fee auctions, contests, sweepstakes, or other games of chance; and
      • 11.3.19 assist another person, entity, contractual arrangement, algorithm or device to do anything prohibited in clauses 11.1.1 to 11.1.18 above.
  14. 14.
    Ownership of NFT
    • 12.1 YOUR OWNERSHIP OF NFTs WILL ONLY BE RECOGNIZED BY US IF YOU HAVE PURCHASED OR OTHERWISE RIGHTFULLY ACQUIRED SUCH NFTs ON THE MAXITY NFT PLATFORM IN ACCORDANCE WITH THE SALES TERMS.
    • 12.2 Apart from the Content, all other copyrights, trademarks, product names, and logos on the Site relating to and including the NFTs and User Content, 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 intellectual property right owner.
    • 12.3 When you purchase an NFT on the MAXITY NFT Platform, you own the purchased NFT, and you have the right to transfer, sell or give away your purchased NFT. Upon such purchase, you will have a worldwide, perpetual, royalty-free, exclusive and transferable, licence to use, copy, and display the Purchased NFT for so long as you own the NFT, solely for the following purposes: (a) for your own personal, non-commercial use; (b) as part of the Maxity NFT Platform that permits the purchase, sale and display of your NFT; (c) as part of a third party website or application that permits the inclusion, involvement, storage, or participation of your NFT.
    • 12.4 The transfer, sale, or give away of your purchased NFTs, may be performed by you only by using the MAXITY NFT Platform.
    • 12.5 The creator or the initial owner of the NFT shall have the right to enforce these Terms and any of his or her or its rights hereunder, including through an agent, collective management organization or performance rights organization, against any buyer or subsequent buyer of any Sale Items, provided that any costs and expenses arising from such enforcement shall be borne solely by the Contributor or the Contributor's agent, collective management organization or performance rights organization, as applicable.
    • 12.6 Without limiting the foregoing, if you believe that third-party material hosted by the Maxity NFT Platform infringes your copyright or trademark rights, please file a notice of infringement by contacting: [email protected]
  15. 15.
    Data Protection By using the Maxity NFT Platform, you confirm that you have read and understood our Privacy Policy and understand how we collect, use, disclose and share your Personal Data. We will only share your Personal Data in order to facilitate and administer your use of the Maxity NFT Platform or otherwise if required by law. Such data controller will manage and protect your personal data in accordance with all applicable data protection laws. By submitting personal data through our Service, you agree to the terms of our Privacy Policy and you expressly consent to the collection, use, and disclosure of your personal data in accordance with the Privacy Policy. For full and comprehensive information about when and why we collect personal information about you, how we use it, the conditions under which we may disclose it and how we keep it secure, please refer to our Privacy Policy. We reserve the right at any time to satisfy our internal requirement as to your Personal Data (for example, by requesting relevant original documents) including for the purposes of preventing fraud and/or anti-money laundering and counter-terrorist financing purposes.
  16. 16.
    Limitation of Services / Termination / Account Closure
    • 14.1 You may terminate these Terms at any time by cancelling your Account and discontinuing your access to and use of the Maxity NFT Platform. If you cancel your Account, or otherwise terminate these Terms, you will not receive any refunds for any purchases that you might make on or through the Maxity NFT Platform (whether for NFTs or anything else).
    • 14.2 We reserve the right to, and you agree that we may, without notice and in our sole discretion, terminate these Terms and to suspend and/or terminate your access to or use of the Site and any Content and/or close your Account and your access to, or use of, the Maxity NFT Platform, at any time and for any reason but in particular, if we suspect in our sole discretion that:
      • 14.2.1 your Account is being used for illegal activity;
      • 14.2.2 you have provided false or misleading information;
      • 14.2.3 you have engaged in fraudulent activity; and/or
      • 14.2.4 you have engaged in activity in violation of these Terms.
    • 14.3 You agree that any suspension or termination of your access to the Maxity NFT Platform may be without prior notice and that we will not be liable to you or to any third party for any such suspension or termination.
    • 14.4 If Maxity is holding funds in your Account and has no record of your use of the Maxity NFT Platform for several years, we may be required, upon passage of applicable time periods, to report these funds as unclaimed property in accordance with the abandoned property and escheat laws.
    • 14.5 If this occurs, we will use reasonable efforts to give you written notice. If you fail to respond within 10 business days or the period as required by any applicable laws, we may be required to deliver any such funds to the applicable jurisdiction as unclaimed property. We reserve the right to deduct a reasonable administrative fee from such unclaimed funds, as permitted by any applicable laws.
  17. 17.
    Assumption of Risk
    • 15.1 Your access to, and use of, the Maxity NFT Platform is subject to certain risks including without limitation, the risks set out in clause 15.2.
    • 15.2 You acknowledge and accept that:
      • 15.2.1 Volatile Prices The price and liquidity of blockchain assets, including the NFTs, are extremely volatile and subjective and may be subject to fluctuations. You fully understand this subjectivity and volatility and that you may lose money.
      • 15.2.2 Market Participation The value of NFTs may be derived from the continued willingness of market participants to exchange fiat currency or digital assets for NFTs, and therefore the value of NFTs is subject to the potential for permanent or total loss of value should the market for NFTs disappear.
      • 15.2.3 Security NFTs are subject to the risk of fraud, counterfeiting, cyberattacks and other technological difficulties which may prevent access to or use of your NFTs.
      • 15.2.4 Irreversible Transactions Transactions involving NFTs may be irreversible, and losses due to fraudulent or accidental transactions may not be recoverable, including accidental transactions whereby you provide wrong wallet addresses.
      • 15.2.5 Blockchain Risks There are risks associated with using blockchain based products, including but not limited to, the risk of hardware, software and Internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to information stored within your third party digital wallet or Account. Maxity will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the Service or any Blockchain network, however caused.
      • 15.2.6 Regulatory Uncertainty The regulatory regime governing blockchain technologies, cryptocurrencies and tokens, including non-fungible tokens, is uncertain, and legislative and regulatory changes may materially adversely affect the development of the Maxity NFT Platform, and by extension, the use, transfer, value and potential utility of your NFTs.
      • 15.2.7 There are risks associated with purchasing items associated with content created by third parties through peer-to-peer transactions, including but not limited to, the risk of purchasing counterfeit assets, mislabelled assets, assets that are vulnerable to metadata decay, assets on smart contracts with bugs, and assets that may become untransferable. You represent and warrant that you have done sufficient research before making any decisions to sell, obtain, transfer, or otherwise interact with any NFTs.
      • 15.2.8 Maxity reserves the right to hide collections, contracts, and items that Maxity suspects or believes to violate these Terms. Items you purchase may become inaccessible on Maxity NFT Platform. Under no circumstances shall the inability to view items on the Site or an inability to view your assets or use the Service in conjunction with the purchase, sale, or transfer of assets available on any blockchains serve as grounds for a claim against Maxity.
      • 15.2.9 Maxity has no responsibility for the NFTs minted, sold, bought or traded on the Maxity NFT Platform. Maxity does not investigate and cannot guarantee or warrant the authenticity, originality, uniqueness, marketability, legality or value of any NFTs created or traded on the Service. For the avoidance of doubt, Maxity shall have no responsibility for any failure of any user to comply with any terms regarding the authenticity, originality, uniqueness, scarcity or other description or characteristics of the Item furnished by or on behalf of that user and available via the Service.
      • 15.2.10 Transfer of any NFT to an incorrect digital asset wallet address will result in the irreversible loss of such NFT.
    • 15.3 You acknowledge that you have obtained sufficient information to make an informed decision to purchase an NFT, including carefully reviewing the code of the smart contract and the NFT and fully understand and accept the functions of the same.
    • 15.4 Maxity does not control or endorse purchases or sales of NFTs outside of the Maxity NFT Platform. We expressly deny and disclaim any liability to you and deny any obligation to indemnify you or hold you harmless for any losses you may incur by transacting, or facilitating transactions, in NFTs outside of the Maxity NFT Platform.
  18. 18.
    Taxes
    • 16.1 You agree that you are solely responsible for:
      • 16.1.1 determining what, if any, taxes apply to your transactions on the Maxity NFT Platform; and
      • 16.1.2 and will account to the appropriate authorities, for, all tax liabilities, including without limitation any and all sales tax, VAT and other taxes, duties, and assessments or similar contributions (except taxes on our net income) now or hereafter claimed or imposed by any governmental authority and any other liability, deduction, contribution, assessment or claim (collectively, “Taxes”) arising from or made in connection with any transactions conducted by you on, the Maxity NFT Platform (“Transactions”)
    • 16.2 Neither MAXITY nor its affiliates or employees are responsible for determining the taxes that may apply to your transactions.
    • 16.3 Except for income taxes levied on us, you:
      • 16.3.1 will pay or reimburse us for all national, local or other taxes and assessments of any jurisdiction, including VAT and taxes as required by international tax treaties, customs or other import or export taxes, and amounts levied in lieu thereof based on charges set, services performed or payments made hereunder, as are now or hereafter may be imposed under the authority of any national, state, local or any other taxing jurisdiction; and
      • 16.3.2 will not be entitled to deduct the amount of any such Taxes from payments (including servicing fees) made to us pursuant to these Terms.
    • 16.4 If any claim, assessment or demand is made against Maxity for payment of any taxes, including VAT or other similar contributions arising from or due in connection with the Transactions, where such recovery is not prohibited by law, indemnify Maxity against any liability, claim, assessment or demand.
    • 16.5 Maxity may, at its sole discretion, satisfy the indemnity in clause 16.4 (in whole or in part) by way of deduction from any payments to be made by Maxity to you, to the extent where such deductions are not prohibited by law.
  19. 19.
    Disclaimers
    • 17.1 You bear full responsibility for verifying the identity, legitimacy, and authenticity of assets you purchase on Maxity NFT Platform. Notwithstanding indicators and messages that suggest verification, we make no claims about the identity, legitimacy, or authenticity of assets on the Maxity NFT Platform.
    • 17.2 EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN WRITING BY MAXITY, YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR ACCESS TO AND USE OF THE MAXITY NFT PLATFORM, THE SITE, CONTENT CONTAINED THEREIN, AND THE NFTS LISTED THEREIN IS AT YOUR SOLE RISK AND THAT MAXITY NFT PLATFORM AND THE NFTs LISTED ON MAXITY NFT PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.
    • 17.3 YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET, AND YOU AGREE THAT WE HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY BREACH OF SECURITY UNLESS IT IS DUE TO OUR GROSS NEGLIGENCE.
    • 17.4 MAXITY WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR, ANY LOSS OF ANY KIND THAT YOU INCUR AS A RESULT OF YOUR USE OF THE MAXITY NFT PLATFORM, THE MAXITY BLOCKCHAIN NETWORK, OR YOUR ELECTRONIC WALLET, AND ANY USE OF THE NFTs INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM:
      • 17.4.1 USER ERROR, SUCH AS FORGOTTEN PASSWORDS OR INCORRECTLY CONSTRUED SMART CONTRACTS OR OTHER TRANSACTIONS, OR MISTYPED ADDRESSES;
      • 17.4.2 SERVER FAILURE OR DATA LOSS;
      • 17.4.3 CORRUPTED WALLET FILES;
      • 17.4.4 UNAUTHORIZED ACCESS OR ACTIVITIES BY THIRD PARTIES, INCLUDING, BUT NOT LIMITED TO, THE USE OF VIRUSES, PHISHING, BRUTE-FORCING OR OTHER MEANS OF ATTACK AGAINST THE MAXITYNFT PLATFORM, THE MAXITY BLOCKCHAIN NETWORK, OR ANY ELECTRONIC WALLET; OR
      • 17.4.5 LOSS OF NFTS.
    • 17.5 MAXITY WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS OF ANY KIND FROM ANY ACTION THAT RESULTS FROM YOU PROVIDING AN INCORRECT WALLET ADDRESS.
    • 17.6 TO THE FULLEST EXTENT PROVIDED BY LAW, MAXITY 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, CORRECTNESS, ACCURACY, RELIABILITY AND NON-INFRINGEMENT AS TO THE MAXITY NFT PLATFORM, THE SITE AND CONTENT CONTAINED THEREIN, AND ANY REDEEMABLE PROVIDED BY ANY CONTRIBUTOR.
    • 17.7 WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE, OUR PARENT, SUBSIDIARIES, AFFILIATES, AND LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:
      • 17.7.1 YOUR ACCESS TO OR USE OF THE MAXITY NFT PLATFORM and the SITE WILL MEET YOUR REQUIREMENTS;
      • 17.7.2 YOUR ACCESS TO OR USE OF THE MAXITY NFT PLATFORM and the SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE FROM ERROR;
      • 17.7.3 USAGE DATA and ANY CONTENT PROVIDED THROUGH THE MAXITY NFT PLATFORM and the SITE WILL BE ACCURATE, RELIABLE, COMPLETE, LEGAL OR SAFE;
      • 17.7.4 THE MAXITY NFT PLATFORM, THE SITE, OR ANY CONTENT, SERVICES, ANY NFTS LISTED ON THE SITE, FEATURES MADE AVAILABLE ON OR THROUGH THE MAXITY NFT PLATFORM, OR ANY OTHER PART OF THE SITE OR MAXITY NFT PLATFORM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR
      • 17.7.5 THAT ANY DATA THAT YOU DISCLOSE WHEN YOU USE THE SITE WILL BE SECURE.
    • 17.8 THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
    • 17.9 Maxity 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.
    • 17.10 We cannot guarantee the security of any data that you disclose online. You acknowledge and accept the inherent security risks of providing information and dealing online over the Internet. We will not be responsible for any breach of security unless it is due to our gross negligence.
    • 17.11 NFTs ARE INTANGIBLE DIGITAL ASSETS THAT EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED IN THE MAXITY BLOCKCHAIN NETWORK. ALL SMART CONTRACTS, INCLUDING ANY TRANSFER OF TITLE THAT MIGHT OCCUR IN ANY UNIQUE NFT, ARE CONDUCTED AND OCCUR ON THE DECENTRALISED LEDGER WITHIN THE MAXITY BLOCKCHAIN NETWORK. WE HAVE NO CONTROL OVER AND MAKE NO GUARANTEES OR PROMISES WITH RESPECT TO SMART CONTRACTS.
    • 17.12 WE ARE NOT RESPONSIBLE FOR LOSSES DUE TO BLOCKCHAINS OR ANY OTHER FEATURES OF THE MAXITY BLOCKCHAIN NETWORK, OR ANY ELECTRONIC WALLET, INCLUDING BUT NOT LIMITED TO LATE REPORTING BY DEVELOPERS OR REPRESENTATIVES (OR NO REPORTING AT ALL) OF ANY ISSUES WITH THE BLOCKCHAIN SUPPORTING THE MAXITY BLOCKCHAIN NETWORK, INCLUDING FORKS, TECHNICAL NODE ISSUES, OR ANY OTHER ISSUES RESULTING IN FUND LOSSES.
  20. 20.
    Limitation of Liability
    • 18.1 YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL MAXITY, OUR PARENT, SUBSIDIARIES, AFFILIATES AND LICENSORS, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM THESE TERMS, 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 MAXITY OR ITS SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
    • 18.2 ACCESS TO, AND USE OF THE SITE, 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 LOSS OF DATA RESULTING THEREFROM.
    • 18.3 NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF MAXITY ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS, YOUR ACCESS TO AND USE (OR INABILITY TO ACCESS OR USE) OF THE SITE, CONTENT, NFTS, ANY PORTION OF THE MAXITY NFT PLATFORM, OR ANY PRODUCT OR SERVICES PURCHASES ON THE SITE WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EXCEED US$100.
    • 18.4 THE FOREGOING LIMITATIONS OF LIABILITY SHALL NOT APPLY TO LIABILITY OF MAXITY FOR PERSONAL INJURY CAUSED BY MAXITY'S, NEGLIGENCE OR ANY INJURY CAUSED BY MAXITY'S FRAUD OR FRAUDULENT MISREPRESENTATION.
    • 18.5 YOU ACKNOWLEDGE AND AGREE THAT WE HAVE MADE THE MAXITY NFT PLATFORM AVAILABLE TO YOU AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE REPRESENTATIONS AND WARRANTIES, DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN, WHICH REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN US AND YOU AND FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN US AND YOU. WE WOULD NOT BE ABLE TO PROVIDE THE MAXITY NFT PLATFORM TO YOU WITHOUT THESE LIMITATIONS.
  21. 21.
    Indemnification
    • 19.1 By agreeing to these Terms and accessing the Service, you agree, to the fullest extent permitted by applicable law, to indemnify, defend and hold harmless Maxity and our 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 the “Maxity Parties”), from and against all actual or alleged third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, legal fees and expenses), and costs (including, without limitation, court fees, 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:
      • 19.1.1 your use or misuse of the Site, Content or NFTs, or content linked to or associated with any NFTs;
      • 19.1.2 your breach of these Terms or applicable law;
      • 19.1.3 any feedback you provide;
      • 19.1.4 your breach or violation of the rights of a third party, including another user or third party service provider; and
      • 19.1.5 your negligence or wilful misconduct.
    • 19.2 You agree to promptly notify Maxity of any Claims and cooperate with the Maxity Parties in defending such Claims. You further agree that the Maxity Parties shall have control of the defense or settlement of any third party Claims.
    • 19.3 You further agree that the Maxity Parties shall have control of the defense or settlement of any Claims.
    • 19.4 THIS INDEMNITY IS IN ADDITION TO, AND NOT IN LIEU OF, ANY OTHER INDEMNITIES THAT MAY BE SET FORTH IN A WRITTEN AGREEMENT BETWEEN YOU AND MAXITY.
  22. 22.
    Dispute Resolution and Arbitration
    • 20.1 EACH PARTY HERETO HEREBY EXPRESSLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL RIGHTS TO FILE A CLAIM IN COURT AND TO HAVE A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION WITH RESPECT TO ANY CLAIM, SUIT, ARBITRATION, LITIGATION, ACTION, PROCEEDING OR COUNTERCLAIM (WHETHER BASED UPON CONTRACT, TORT OR OTHERWISE) ARISING OUT OF OR RELATING TO THESE TERMS OR THE TRANSACTIONS CONTEMPLATED HEREBY.
    • 20.2 THE PARTIES AGREE THAT ANY OF THEM MAY FILE A COPY OF THIS PROVISION WITH ANY COURT AS WRITTEN EVIDENCE OF THE KNOWING, VOLUNTARY AND BARGAINED FOR AGREEMENT BETWEEN THE PARTIES IRREVOCABLY TO WAIVE TRIAL BY JURY, AND THAT SUCH PROCEEDING WHATSOEVER BETWEEN THEM SHALL INSTEAD BE DETERMINED PURSUANT TO ARBITRATION IN ACCORDANCE WITH 28.2.
  23. 23.
    Entire Agreement
    • 21.1 These Terms constitute the entire agreement between you and Maxity regarding its subject matter and supersede and invalidate all previous representations, agreements, understandings, arrangements and agreements between them (whether in writing, oral, express or implied) in respect of its subject matter.
    • 21.2 Each party acknowledges that it has not in agreeing to these Terms relied on, and shall have no remedies in respect of, any statement, representation, warranty or understanding that is not expressly set out in these Terms, except in the case of fraudulent misrepresentation.
    • 21.3 No party shall have any claim for innocent or negligent misrepresentation on the basis of any statement in these Terms.
    • 21.4 Nothing in this Agreement purports to limit or exclude any liability for fraud.
    • 21.5 These Terms are concluded in the English language and all communications, including any notices or information being transmitted, shall be in English. In the event that these Terms or any part thereof is translated (for any proceedings, for your convenience or otherwise) into any other language, the English language text of these Terms shall prevail.
  24. 24.
    Changes to Maxity NFT Platform
    • 22.1 You acknowledge and agree that the form and nature of the Maxity NFT Platform, and any part of it, may change from time to time without prior notice to you, and that we may add new or remove existing features and change any part of the Maxity NFT Platform.
  25. 25.
    Transfer, Assignment and Delegation
    • 23.1 These Terms and any rights and obligations and licences granted to you hereunder, are limited, revocable, non-exclusive and personal to you, therefore, you may not assign, subcontract, transfer or encumber any right or obligation under these Terms, in whole or in part, to any third party without the Maxity's prior written consent.
    • 23.2 Maxity may at any time assign, sub-contract, transfer or encumber any right or obligation under these Terms, in whole or in part, without your prior written consent, without any notice and restriction, including without limitation to any of the Maxity Parties, or to any any successor in interest of any business associated with Maxity NFT Platform.
    • 23.3 Any attempted transfer or assignment in violation hereof shall be null and void.
  26. 26.
    Severability
    • 24.1 Each clause and provision of these Terms is severable and distinct from the others.
    • 24.2 If any provision of these Terms (or part of any provision) is or becomes illegal, invalid or unenforceable under applicable law, but would be legal, valid and enforceable if the provision or some part of it was deleted or modified (or the duration of the relevant clause reduced), it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of these Terms.
  27. 27.
    Waiver
    • 25.1 Our failure, delay or omission in exercising any right, power or remedy provided by law or under these Terms shall not operate as a waiver of that right, power or remedy, nor shall it preclude or restrict any future exercise of that or any other right, power or remedy by us.
    • 25.2 No single or partial exercise of any right, power or remedy by us, whether provided by law or under these Terms, shall prevent any future exercise of it or the exercise of any other right, power or remedy.
    • 25.3 A waiver of any term, provision, condition or breach of these Terms shall only be effective if given in writing and signed by for and on behalf of us by a duly authorised representative, and then only in the instance and for the purpose for which it is given.
  28. 28.
    Notices and Communication Preferences
    • 26.1 By creating an Account and using the Maxity NFT Platform, you consent to receive electronic communications and notices from Maxity, including marketing, relating to your use of the Maxity NFT Platform:
      • 26.1.1 via email (in each case to the address that you provide), SMS message (or other type of messages), or telephone call (in each case to the phone number that you provide); or
      • 26.1.2 by posting to the Site.
    • 26.2 You may opt out of these communications through the Site (with the possible exception of important service announcements and administrative messages) by following the unsubscribe instructions provided.
    • 26.3 Notices to us should be sent electronically to [email protected]
  29. 29.
    Third Party Rights
    • 27.1 Except as expressly provided for in clause 25.2, a person who is not a party to these Terms shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of the provisions of these Terms.
    • 27.2 The affiliates of the Company shall have the right to enforce the provisions of these Terms.
  30. 30.
    Governing Law and Jurisdiction
    • 28.1 These Terms and any dispute or claim arising out of, or in connection with, it, its subject matter or formation (including non-contractual disputes or claims) shall be governed by, and construed in accordance with, the laws of England and Wales without regard to any choice or conflict of laws rules.
    • 28.2 Any dispute arising out of or in connection with these Terms, whether contractual or non-contractual, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration under the London Court of International Arbitration Rules, which Rules are deemed to be incorporated by reference into this clause. The number of arbitrators shall be one. The seat of the arbitration shall be London, England. The governing law of this arbitration clause shall be that of England and Wales. The language of the arbitration shall be English. If the parties fail to agree upon the identity of the sole arbitrator within 30 days of service of the notice of arbitration, either party may request the President for the time being of the Chartered Institute of Arbitrators to appoint an arbitrator having due regard to any representations made to them as to the appropriate qualifications of such arbitrator.
    • 28.3 The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim, and arising out of, or in connection with, these Terms, its subject matter or formation (including non-contractual disputes or claims) that is not subject to arbitration in accordance with clause 28.3 of these Terms. All other claims shall be arbitrated.
  31. 31.
    Contact
    • 29.1 General questions or comments about the Maxity NFT Platform or these Terms should be sent either by mail to 40 Gracechurch Street, London, United Kingdom, EC3V 0BT, or by contacting the customer support team at [email protected]