Terms of Service
This website, superyachtnfts.com, is owned and operated by Oceanco, Gildo Pastor Center 7, Rue Du Gabian, MC 98000, Monaco and/or its subsidiaries and affiliates (“Superyachtnfts.com,” “we,” “us”, or “our”). Any other website making use of the Superyachtnfts.com name, logo, materials, contact information or any other identifier may be owned and operated by third parties unaffiliated with Oceanco. Should you have any doubts about the authenticity of a website, please contact Superyachtnfts.com at firstname.lastname@example.org.
These Terms of Service (“Terms”) govern your access to and use of the Superyachtnfts.com website(s), our APIs, mobile app (the “App”), 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, sell, or transfer NFTs on public blockchains (collectively, the “Service”). “NFT” in these Terms means a non-fungible token or similar digital item implemented on a blockchain (such as the Casper and Ethereum blockchain), which uses smart contracts to link to or otherwise be associated with certain content or data.
For purposes of these Terms, “user”, “you”, and “your” means you as the user of the Service. If you use 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.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION AND AFFECT YOUR LEGAL RIGHTS. AS OUTLINED IN THE SECTION BELOW, THEY INCLUDE A MANDATORY ARBITRATION AGREEMENT AND CLASS ACTION WAIVER WHICH (WITH LIMITED EXCEPTIONS) REQUIRE ANY DISPUTES BETWEEN US TO BE RESOLVED THROUGH INDIVIDUAL ARBITRATION RATHER THAN BY A JUDGE OR JURY IN COURT.
BY CLICKING TO ACCEPT AND/OR USING OUR SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL OF THE TERMS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICE.
Superyachtnfts.com is not a wallet provider, exchange, broker, financial institution, or creditor. Superyachtnfts.com provides a web3 ecommerce platform that helps users discover and purchase NFTs. 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.
Superyachtnfts.com 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.
Because we have a growing number of services, we sometimes need to provide additional terms for specific services (and such services are deemed part of the “Service” hereunder and shall also be subject to these Terms). Those additional terms and conditions, which are available with the relevant service, then become part of your agreement with us if you use those services. In the event of a conflict between these Terms and any additional applicable terms we may provide for a specific service, such additional terms shall control for that specific service.
Superyachtnfts.com reserves the right to change or modify these Terms at any time and in our sole discretion. If we make material changes to these Terms, we will use reasonable efforts to provide notice of such changes, such as by providing notice through the Service or updating the “Last Updated” date at the beginning of these Terms. By continuing to access or use the Service, 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.
Accessing the Service
Like much of web3, your blockchain address functions as your identity on Superyachtnfts.com. Accordingly, you will need a blockchain address and a third-party wallet to access the Service. Your account on the service (“Account”) will be associated with your blockchain address; however, if you want to add some flair to your Superyachtnfts.com persona, you can add additional information, such as a profile picture, to your Account.
Your Account on Superyachtnfts.com 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). 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 provider of the wallet. Wallets are not operated by, maintained by, or affiliated with Superyachtnfts.com , and Superyachtnfts.com does not have custody or control over the contents of your wallet and has no ability to retrieve or transfer its contents. Superyachtnfts.com 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. You are solely responsible for keeping your wallet secure and you should never share your wallet credentials or seed phrase with anyone. If you discover an issue related to your wallet, please contact your wallet provider. Likewise, you are solely responsible for your Account and any associated wallet and 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 agree to immediately notify us if you discover or otherwise suspect any security issues related to the Service or your Account (you can contact us at email@example.com).
You also represent and warrant that you will comply with all applicable laws (e.g., local, state, federal and other laws) when using the Service. Without limiting the foregoing, by using the Service, you represent and warrant that: (a) you are not located in a country that is subject to a U.S. Government embargo; and (b) you have not been identified as a Specially Designated National or placed on any U.S. Government list of prohibited, sanctioned, or restricted parties. If you access or use the Service outside the United States, you are solely responsible for ensuring that your access and use of the Service in such country, territory or jurisdiction does not violate any applicable laws.
Superyachtnfts.com may require you to provide additional information and documents in certain circumstances, such as at the request of any government authority, as any applicable law or regulation dictates, or to investigate a potential violation of these Terms. In such cases, Superyachtnfts.com , 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 Superyachtnfts.com . If you do not provide complete and accurate information in response to such a request, Superyachtnfts.com may refuse to restore your access to the Service.
Your access and use of the Service may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance, or repair of the Service or other actions that Superyachtnfts.com , in its sole discretion, may elect to take.
We require all users to be at least 18 years old. If you are at least 13 years old but under 18 years old, you may only use Superyachtnfts.com through a parent or guardian’s Account and with their approval and oversight. That account holder is responsible for your actions using the Account. It is prohibited to use our Service if you are under 13 years old.
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 , and our respective past, present, and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors, and assigns (individually and collectively, the “Superyachtnfts.com Parties”), from and against all actual or alleged claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys’ fees and expenses), and costs (including, without limitation, court costs, costs of settlement, and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract, or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of the Service, content, NFTs, or content linked to or associated with any NFTs (b) any Feedback you provide, (c) your violation or breach of any term of these Terms or applicable law, and (d) your violation of the rights of or obligations to a third party, including another user or third-party, and (e) your negligence or wilful misconduct. You agree to promptly notify Superyachtnfts.com of any Claims and cooperate with the Superyachtnfts.com Parties in defending such Claims. You further agree that the Superyachtnfts.com Parties shall have control of the defense or settlement of any Claims. THIS INDEMNITY IS IN ADDITION TO, AND NOT IN LIEU OF, ANY OTHER INDEMNITIES SET FORTH IN A WRITTEN AGREEMENT BETWEEN YOU AND SUPERYACHTNFTS.COM .
YOUR ACCESS TO AND USE OF THE SERVICE IS AT YOUR OWN RISK. YOU UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND SUPERYACHTNFTS.COM EXPRESSLY DISCLAIMS WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. SUPERYACHTNFTS.COM (AND ITS SUPPLIERS) MAKE NO WARRANTY OR REPRESENTATION AND DISCLAIM ALL RESPONSIBILITY FOR WHETHER THE SERVICE: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE. SUPERYACHTNFTS.COM DISCLAIMS ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. SUPERYACHTNFTS.COM 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 SERVICE. WHILE SUPERYACHTNFTS.COM ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE SERVICE SAFE, SUPERYACHTNFTS.COM CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICE, CONTENT, CONTENT LINKED TO OR ASSOCIATED WITH ANY NFTS, OR ANY NFTS YOU INTERACT WITH USING OUR SERVICE OR OUR SERVICE PROVIDERS’ SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE CANNOT GUARANTEE THE SECURITY OF ANY DATA THAT YOU DISCLOSE ONLINE. NO ADVICE OR INFORMATION, WHETHER ORAL OR OBTAINED FROM THE SUPERYACHTNFTS.COM PARTIES OR THROUGH THE SERVICE, WILL CREATE ANY WARRANTY OR REPRESENTATION NOT EXPRESSLY MADE HEREIN. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND WILL NOT HOLD SUPERYACHTNFTS.COM RESPONSIBLE FOR ANY BREACH OF SECURITY.
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 NFTS, CONTENT, AND/OR CONTENT LINKED TO OR ASSOCIATED WITH NFTS, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES, OR CLAIMS ARISING FROM: (A) USER ERROR, INCORRECTLY CONSTRUCTED TRANSACTIONS, OR MISTYPED ADDRESSES; (B) SERVER FAILURE OR DATA LOSS; (C) UNAUTHORIZED ACCESS OR USE; (D) ANY UNAUTHORIZED THIRD-PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION THE USE OF VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK AGAINST THE SERVICE OR NFTS.
NFTS EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED IN THE ASSOCIATED BLOCKCHAIN (E.G., CASPER OR ETHEREUM NETWORK). ANY TRANSFERS OR SALES OCCUR ON THE ASSOCIATED BLOCKCHAIN (E.G., CASPER OR ETHEREUM). SUPERYACHTNFTS.COM AND/OR ANY OTHER SUPERYACHTNFTS.COM PARTY CANNOT EFFECT OR OTHERWISE CONTROL THE TRANSFER OF TITLE OR RIGHT IN ANY NFTS OR UNDERLYING OR ASSOCIATED CONTENT OR ITEMS.
NO SUPERYACHTNFTS.COM PARTY IS RESPONSIBLE OR LIABLE FOR ANY SUSTAINED LOSSES OR INJURY DUE TO VULNERABILITY OR ANY KIND OF FAILURE, ABNORMAL BEHAVIOR OF SOFTWARE (E.G., WALLET, SMART CONTRACT), BLOCKCHAINS OR ANY OTHER FEATURES OF THE NFTS. NO SUPERYACHTNFTS.COM PARTY IS RESPONSIBLE FOR LOSSES OR INJURY DUE TO LATE REPORTS BY DEVELOPERS OR REPRESENTATIVES (OR NO REPORT AT ALL) OF ANY ISSUES WITH THE BLOCKCHAIN SUPPORTING THE NFTS, INCLUDING FORKS, TECHNICAL NODE ISSUES OR ANY OTHER ISSUES HAVING LOSSES OR INJURY AS A RESULT.
Some jurisdictions do not allow the exclusion of implied warranties in contracts with consumers, so the above exclusion may not apply to you.
Assumption of Risk
You accept and acknowledge:
The value of an NFTs is subjective. Prices of NFTs are subject to volatility and fluctuations in the price of cryptocurrency can also materially and adversely affect NFT prices. You acknowledge that you fully understand this subjectivity and volatility and that you may lose money.
A lack of use or public interest in the creation and development of distributed ecosystems could negatively impact the development of those ecosystems and related applications, and could therefore also negatively impact the potential utility of NFTs.
The regulatory regime governing blockchain technologies, non-fungible tokens, cryptocurrency, and other crypto-based items is uncertain, and new regulations or policies may materially adversely affect the development of the Service and the utility of NFTs.
You are solely responsible for determining what, if any, taxes apply to your transactions. Superyachtnfts.com is not responsible for determining the taxes that apply to your NFTs.
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 items, mislabeled items, items that are vulnerable to metadata decay, items on smart contracts with bugs, and items 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 or accounts/collections.
We do not control the public blockchains that you are interacting with and we do not control certain smart contracts and protocols that may be integral to your ability to complete transactions on these public blockchains. Additionally, blockchain transactions are irreversible and Superyachtnfts.com has no ability to reverse any transactions on the blockchain.
There are risks associated with using Internet and blockchain based products, including, but not limited to, the risk associated with hardware, software, and Internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to your third-party wallet or Account. You accept and acknowledge that Superyachtnfts.com 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.
The Service relies on third-party platforms and/or vendors. If we are unable to maintain a good relationship with such platform providers and/or vendors; if the terms and conditions or pricing of such platform providers and/or vendors change; if we violate or cannot comply with the terms and conditions of such platforms and/or vendors; or if any of such platforms and/or vendors loses market share or falls out of favour or is unavailable for a prolonged period of time, access to and use of the Service will suffer.
Superyachtnfts.com reserves the right to hide collections, contracts, and items affected by any of these issues or by other issues. Items you purchase may become inaccessible on Superyachtnfts.com. Under no circumstances shall the inability to view items on Superyachtnfts.com or an inability to use the Service in conjunction with the purchase, sale, or transfer of items available on any blockchains serve as grounds for a claim against Superyachtnfts.com.
If you have a dispute with one or more users, YOU RELEASE US FROM CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. IN ENTERING INTO THIS RELEASE YOU EXPRESSLY WAIVE ANY PROTECTIONS (WHETHER STATUTORY OR OTHERWISE) THAT WOULD OTHERWISE LIMIT THE COVERAGE OF THIS RELEASE TO INCLUDE THOSE CLAIMS WHICH YOU MAY KNOW OR SUSPECT TO EXIST IN YOUR FAVOR AT THE TIME OF AGREEING TO THIS RELEASE.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT IN NO EVENT WILL SUPERYACHTNFTS.COM OR ITS SERVICE PROVIDERS 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 OR THE SERVICE, 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 STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE AND EVEN IF SUPERYACHTNFTS.COM OR ITS SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR (B) FOR ANY OTHER CLAIM, DEMAND, OR DAMAGES WHATSOEVER RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF THE DELIVERY, USE, OR PERFORMANCE OF THE SERVICE. ACCESS TO, AND USE OF, THE SERVICE, 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 SUPERYACHTNFTS.COM ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS, THE ACCESS TO AND USE OF THE SERVICE, CONTENT, NFTS, OR ANY SUPERYACHTNFTS.COM PRODUCTS OR SERVICES EXCEED THE GREATER OF (A) $100 OR (B) THE AMOUNT RECEIVED BY SUPERYACHTNFTS.COM FOR ITS SERVICE DIRECTLY RELATING TO THE ITEMS THAT ARE THE SUBJECT OF THE CLAIM. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
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.
The Service, including its “look and feel” (e.g., text, graphics, images, logos, page headers, button icons, and scripts), proprietary content, information and other materials, and all content and other materials contained therein, including, without limitation, the Superyachtnfts.com logo and all designs, text, graphics, pictures, data, software, sound files, other files, and the selection and arrangement thereof are the proprietary property of Superyachtnfts.com or our affiliates, licensors, or users, as applicable, and you agree not to take any action(s) inconsistent with such ownership interests. We and our affiliates, licensors, and users, as applicable, reserve all rights in connection with the Service and its content, including, without limitation, the exclusive right to create derivative works.
Superyachtnfts.com’s name, logo, trademarks, and any Superyachtnfts.com product or service names, designs, logos, and slogans are the intellectual property of Superyachtnfts.com or our affiliates or licensors and may not be copied, imitated or used, in whole or in part, without our prior written permission in each instance. You may not use any metatags or other “hidden text” utilizing “Superyachtnfts.com ” or any other name, trademark or product or service name of Superyachtnfts.com or our affiliates or licensors without our prior written permission. In addition, the “look and feel” of the Service constitutes the service mark, trademark or trade dress of Superyachtnfts.com and may not be copied, imitated or used, in whole or in part, without our prior written permission.
All other third-party trademarks, registered trademarks, and product names mentioned on the Service or contained in the content linked to or associated with any NFTs displayed on the Service 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. Reference to any products, services, processes or other information by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by Superyachtnfts.com.
We welcome feedback, comments, and suggestions for improvements to the Service (“Feedback”). You acknowledge and expressly agree that any contribution of Feedback does not and will not give or grant you any right, title, or interest in the Service or in any such Feedback. You agree that Superyachtnfts.com may use and disclose Feedback in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim. You hereby assign to Superyachtnfts.com any and all right, title, and interest (including, but not limited to, any patent, copyright, trade secret, trademark, show-how, know-how, moral rights and any and all other intellectual property right) that you may have in and to any and all Feedback.
License to Access and Use Our Service and Content
You are hereby granted a limited, nonexclusive, nontransferable, nonsublicensable, and personal license to access and use the Service provided, however, that such license is subject to your compliance with these Terms. If any software, content, or other materials owned by, controlled by, or licensed to us are distributed or made available to you as part of your use of the Service, we hereby grant you a non-commercial, personal, non-assignable, non-sublicensable, non-transferrable, and non-exclusive right and license to access and display such software, content, and materials provided to you as part of the Service (and right to download a single copy of the App onto your applicable equipment or device), in each case for the sole purpose of enabling you to use the Service as permitted by these Terms, provided that your license in any content linked to or associated with any NFTs is solely as set forth by the applicable seller or creator of such NFT.
Third-Party Content and Services
As a ecommerce web3 service, Superyachtnfts.com helps you explore NFTs and purchase NFTs and interact with different blockchains. Superyachtnfts.com does not make any representations or warranties about this third-party content visible through our Service, including any content associated with NFTs displayed on the Service, and you bear responsibility for verifying the legitimacy, authenticity, and legality of NFTs that you purchase from third-party sellers. We also cannot guarantee that any NFTs visible on Superyachtnfts.com will always remain visible and/or available to be bought, sold, or transferred.
NFTs may be subject to terms directly between buyers and sellers with respect to the use of the NFT content and benefits associated with a given NFT (“Purchase Terms”). For example, when you click to get more details about any of the NFTs visible on Superyachtnfts.com , you may notice a third party link to the creator’s website. Such website may include Purchase Terms governing the use of the NFT that you will be required to comply with. Superyachtnfts.com is not a party to any such Purchase Terms, which are solely between the buyer and the seller. The buyer and seller are entirely responsible for communicating, promulgating, agreeing to, and enforcing Purchase Terms. You are solely responsible for reviewing such Purchase Terms.
The Service may also contain links or functionality to access or use third-party websites (“Third-Party Websites”) and applications (“Third-Party Applications”), or otherwise display, include, or make available content, data, information, services, applications, or materials from third parties (“Third-Party Materials”). When you click on a link to, or access and use, a Third-Party Website or Third-Party Application, though we may not warn you that you have left our Service, you are subject to the terms and conditions (including privacy policies) of another website or destination. Such Third-Party Websites, Third-Party Applications, and Third-Party Materials are not under the control of Superyachtnfts.com , and may be “open” applications for which no recourse is possible. Superyachtnfts.com is not responsible or liable for any Third-Party Websites, Third-Party Applications, and Third-Party Materials. Superyachtnfts.com provides links to these Third-Party Websites and Third-Party Applications only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites or Third-Party Applications, or their products or services or associated Third-Party Materials. You use all links in Third-Party Websites, Third-Party Applications, and Third-Party Materials at your own risk.
To protect our community and comply with our legal obligations, we reserve the right to take action, with or without advance notice, if we believe you have violated these Terms. This may include: removing the ability to view certain NFTs on the Service or use our Service to interact with the NFTs; disabling the ability to use the Service in conjunction with buying/selling/transferring NFTs available on blockchains; disabling your ability to access our Service; and/or other actions.
You agree that you will not violate any law, contract, intellectual property or other third-party right, and that you are solely responsible for your conduct and content, while accessing or using the Service. You also agree that you will not:
Use or attempt to use another user’s Account without authorization from such user;
Pose as another person or entity;
Claim an Superyachtnfts.com username for the purpose of reselling it or otherwise engage in name squatting;
Access the Service from a different blockchain address if we’ve blocked any of your other blockchain addresses from accessing the Service, unless you have our written permission first;
Distribute spam, including through sending unwanted NFTs to other users;
Use the Service – including through disseminating any software or interacting with any API – that could damage, disable, overburden, or impair the functioning of the Service in any manner;
Bypass or ignore instructions that control access to the Service, including attempting to circumvent any rate limiting systems by using multiple API keys, directing traffic through multiple IP addresses, or otherwise obfuscating the source of traffic you send to Superyachtnfts.com ;
Use any data mining, robot, spider, crawler, scraper, script, browser extension, offline reader, or other automated means or interface not authorized by us to access the Service, extract data, or otherwise interfere with or modify the rendering of Service pages or functionality;
Reverse engineer, duplicate, decompile, disassemble, or decode any aspect of the Service, or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any service, area, or code of the Service;
Sell or resell the Service or attempt to circumvent any Superyachtnfts.com fee systems;
Engage in behaviours that have the intention or the effect of artificially causing an item or collection to appear at the top of search results, or artificially increasing view counts, favourites, or other metrics that Superyachtnfts.com might use to sort search results;
Use the Service or data collected from our Service for any advertising or direct marketing activity (including without limitation, email marketing, SMS marketing, and telemarketing);
Use the Service for money laundering, terrorist financing, or other illicit finance;
Use the Service from a country sanctioned by the government of the United States or to facilitate transactions involving individuals sanctioned by the government of the United States or located in sanctioned countries;
Use the Service to carry out any financial activities subject to registration or licensing, including but not limited to creating, selling, or buying securities, commodities, options, or debt instruments;
Use the Service to create, sell, or buy NFTs or other items that give owners rights to participate in an ICO or any securities offering, or that are redeemable for securities, commodities, or other financial instruments;
Use the Service to engage in price manipulation, fraud, or other deceptive, misleading, or manipulative activity;
Use the Service to buy, sell, or transfer stolen items, fraudulently obtained items, items taken without authorization, and/or any other illegally obtained items;
Infringe or violate the intellectual property rights or any other rights of others;
Create or display illegal content, such as content that may involve child sexual exploitation;
Create or display NFTs or other items that promote suicide or self-harm, incites hate or violence against others, or doxes another individual;
Use the Service for any illegal or unauthorized purpose, including creating or displaying illegal content, such as content that may involve child sexual exploitation, or encouraging or promoting any activity that violates the Terms of Service;
Use the Service in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Service.
We allow users to post NSFW content, but that content and other associated material is subject to being marked NSFW and may be handled differently than non-NSFW content in navigation menus and search results.
Finally, by using the Service, you understand the importance of DYOR – doing your own research. You bear full responsibility for verifying the authenticity, legitimacy, identity, and other details about any NFT, collection, or account that you view or otherwise interact with in conjunction with our Service. We make no guarantees or promises about the identity, legitimacy, or authenticity of any NFT, collection, or account on the Service.
Intellectual Property Rights
You are solely responsible for your use of the Service and for any information you provide, including compliance with applicable laws, rules, and regulations, as well as these Terms, including the User Conduct requirements outlined above.
By using the Service in conjunction with creating, submitting, posting, promoting, or displaying content, or by complying with Superyachtnfts.com ’s metadata standards in your metadata API responses, you grant us a worldwide, non-exclusive, sublicensable, royalty-free license to use, copy, modify, and display any content, including but not limited to text, materials, images, files, communications, comments, feedback, suggestions, ideas, concepts, questions, data, or otherwise, that you submit or post on or through the Service for our current and future business purposes, including to provide, promote, and improve the Service. This includes any digital file, art, or other material linked to or associated with any NFTs that are displayed on the Service.
Superyachtnfts.com does not claim that submitting, posting, or displaying this content on or through the Service gives Superyachtnfts.com any ownership of the content. We’re not saying we own it. We’re just saying we might use it and show it off a bit.
You represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein for any content that you create, submit, post, promote, or display on or through the Service. You represent and warrant that such content does not contain material subject to copyright, trademark, publicity rights, or other intellectual property rights, unless you have necessary permission or are otherwise legally entitled to post the material and to grant Superyachtnfts.com the license described above, and that the content does not violate any laws.
By creating an Account, you consent to receive electronic communications from Superyachtnfts.com (e.g., via email, push notification, text messages, or other types of messages). These communications may include notices about your Account (e.g., transactional information) and are part of your relationship with us. We may also send you promotional communications via email we think will be of interest to you. You understand that you are not required to provide this consent as a condition of using the Service and you may opt out of these communications through the Service or through your mobile device’s operating system (with the possible exception of important service announcements and administrative messages) by following the unsubscribe instructions provided.
The Superyachtnfts.com Website and all Content (as defined below) have, in accordance with the applicable regulatory requirements, been prepared for informational and/or educational purposes only without regard to any particular user’s investment objectives, financial situation or means. Neither Superyachtnfts.com , the Third Party Providers (as defined below), nor any of their respective affiliates, officers, directors, employees, agents or licensors are soliciting any action based on information made available on the Superyachtnfts.com Website. Reliance upon any Content contained on or accessed in the Website is at your own risk. Superyachtnfts.com does not warrant that the Superyachtnfts.com Website will be available at any time or from any particular location, will be secure, uninterrupted or error free, that defects or errors will be corrected, or that the Superyachtnfts.com Website is free of viruses or other potentially harmful components.
The Content on the Superyachtnfts.com Website is not to be construed as a recommendation or offer to buy or sell or the solicitation of an offer to buy or sell any security, financial product or instrument; or to participate in any particular trading strategy. Superyachtnfts.com does not make any recommendations regarding the merit of any company, security or other financial product or investment identified on the Superyachtnfts.com Website, nor does it make any recommendation regarding the purchase or sale of any such company, security, financial product or investment that may be described or referred to on the Superyachtnfts.com Website, nor endorse or sponsor any company identified on the Superyachtnfts.com Website. Prior to the execution of a purchase or sale of any security or investment, you are advised to consult your banker, financial adviser or other relevant professionals (e.g. legal, tax and/or accounting counsel). Neither Superyachtnfts.com , nor Third Party Providers shall be liable for any investment decisions based upon or results obtained from the Content provided on the Superyachtnfts.com Website. Nothing contained on the Superyachtnfts.com Website is intended to be, nor shall it be construed to be, legal, tax, accounting or investment advice.
The Superyachtnfts.com Website is not directed at or intended for publication or distribution to any person in any jurisdiction where doing so would result in contravention of any applicable laws or regulations. It is the responsibility of the individual user to consider his or her legal and regulatory position in the relevant jurisdiction, the risks associated with trading such securities or investments and to ensure that the use of the Content of the Superyachtnfts.com Website and the subsequent making of any investment does not contravene any such restrictions or applicable laws and regulations of any jurisdiction. Potential users of products or investments described on the Superyachtnfts.com Website (including those wishing to trade them or to offer and sell them to others) should familiarise themselves with the full contract specification of the security or investment concerned and any associated information, such as any applicable legal or regulatory provisions. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific security, investment, index, report, opinion, advice or other Content.
Construction of Content
If not expressly defined in the Superyachtnfts.com Website, capitalised terms may have the meaning and interpretation ascribed to them in the applicable rules and procedures of the Superyachtnfts.com -operated ecommerce NFT shop to which the capitalised term has particular reference.
All right, title and interest in and to the Content are owned, licensed or controlled by Superyachtnfts.com, its applicable affiliate, or the relevant third party (“Third Party Provider”) credited as the owner or lawful provider of the Content.
You further acknowledge and agree that, unless Superyachtnfts.com , its applicable affiliate, and/or the applicable Third Party Provider give you prior written permission, you will not sell, license, rent, modify, print, copy, reproduce, download, upload, transmit, distribute, disseminate, publicly display, publicly perform, publish, edit, adapt, compile or create derivative works from any Content or materials (including, without limitation, through framing or systematic retrieval to create collections, compilations, databases or directories) or otherwise transfer any of the Content to any third person (including, without limitation, others in your company or organisation). You agree not to decompile, reverse-engineer or disassemble any software or other products or processes available through the Superyachtnfts.com Website and not to insert any code or product to manipulate the Content in any way that affects the user’s experience. Except if we give you prior written permission, use of any Web browsers (other than generally available third-party browsers), engines, software, spiders, robots, avatars, agents, tools or other devices or mechanisms to navigate, search or determine the Superyachtnfts.com Website is strictly prohibited. Requests for such permission regarding Superyachtnfts.com Content must be in writing and should be sent to: firstname.lastname@example.org.
You may print or download a single, unaltered, permanent copy or one temporary copy in a single computer’s memory of any Content for your personal, non-commercial use only, provided you keep intact all trademark, copyright and other proprietary notices. Educational institutions may download and reproduce Content on the Superyachtnfts.com Website for distribution in the classroom solely for educational purposes. Distribution outside the classroom or for other than solely educational purposes requires express written permission in accordance with the above provisions. Use for any other purpose is expressly prohibited by law and may result in severe civil penalties. Certain Third Party Providers impose additional terms and conditions of use set forth elsewhere herein. Your use of Content from those Third Party Providers is also subject to those terms and conditions of use and you forever hold Superyachtnfts.com harmless from any and all claims, obligations, and/or liability arising in connection with the use of any Content, materials and information provided by any Third Party Provider.
Some web pages or domains included in the Superyachtnfts.com Website may allow you to submit to, or publish or display on, the Superyachtnfts.com Website or transmit to other Superyachtnfts.com Website users content (“Contributed Content”). When you provide Contributed Content to the Superyachtnfts.com Website, you agree to do so on the following terms (“Contributed Content Guidelines”):
- You are solely responsible for any Contributed Content and other material that you submit to, or publish or display on the Superyachtnfts.com Website.
- You may not submit any Contributed Content or material that infringes, misappropriates or violates the intellectual property, privacy or other rights of any party or that is subject to any restrictions, or imposes any obligations, on the use or further distribution thereof.
- You may not provide any Contributed Content that falsely expresses or implies that such Contributed Content or material is sponsored or endorsed by Superyachtnfts.com.
- You may not provide any Contributed Content that is unlawful or that promotes or encourages illegal activity.
- You agree that you will only provide Contributed Content that you believe to be true, and you will not purposely provide any false or misleading information.
- You further agree that you will not post Contributed Content that: (i) is patently offensive to users of the Superyachtnfts.com Website; (ii) harasses or advocates harassment of another person or includes personal information about another person; (iii) involves the transmission of unsolicited mass emailing (i.e. “spamming”) or other forms of solicitation; (iv) promotes illegal activities or conduct that is abusive; (v) violates any applicable law or regulation; (vi) offers to sell or buy any security and/or any other financial instruments; (vii) is threatening, obscene, defamatory or libellous; (viii) is pornographic or sexually explicit in nature; and/or (ix) seeks or recommends providers of material that exploits people under the age of 18, or seeks or recommends providers that solicit personal information from anyone younger than 18 years old.
By posting Contributed Content on the Superyachtnfts.com Website, you agree to and hereby do grant, and you represent and warrant that you have the right to grant, Superyachtnfts.com a non-exclusive, worldwide, perpetual, irrevocable, unrestricted, royalty-free, fully paid-up, transferable licence, with the right to sublicense, to use, copy, publicly perform, digitally perform, publicly display and distribute such Contributed Content, and to sell, modify, create derivative works from and/or to incorporate such Contributed Content into other works in any form, medium or technology, whether now known or hereafter developed, in each case, without compensation to you. You agree to waive any moral rights that you may have to your Contributed Content. You represent and warrant that none of your Contributed Content is subject to a confidentiality obligation.
Superyachtnfts.com has registered the names of its most important markets, indices, products and services as trademarks in countries throughout the world. These trademarks are important assets of Superyachtnfts.com. You may not register nor use a company name, statutory name, trade name, domain name or other name, indication or description, of which any of the registered trademarks owned by Superyachtnfts.com and its affiliates forms part without the express written permission of Superyachtnfts.com.
The names of other companies and third party products may be the trademarks or service marks of their respective owners and should be treated as such.
Disclaimers of Warranty and Limitation of Liability
There may be delays, omissions, errors, or inaccuracies in the Content, and the Content is provided to you on an “as is” basis without warranties of any kind. Superyachtnfts.com , the Third Party Providers, and their respective affiliates, officers, directors, employees, agents and licensors cannot and do not make any representations and, to the fullest extent permitted by applicable law, hereby disclaim with respect to the Superyachtnfts.com Website and the content all express, implied and statutory warranties of any kind to you or any third party, including, but not limited to, representations and warranties regarding accuracy, timeliness, completeness, correctness, reliability, stability, readiness, non-infringement, merchantability, or fitness for any particular purpose, or any representations or warranties arising from usage or custom or trade or by operation of law. Superyachtnfts.com, the Third Party Providers, and their respective affiliates, officers, directors, employees, agents and licensors assume no responsibility for the consequences of any errors or omissions. Any material, information or content downloaded or otherwise obtained through the use of the Superyachtnfts.com website is accessed at your own risk and discretion and you alone will be responsible for any damage or loss to you, including and not limited to your computer system, loss of data or loss or damage to any property or loss of data or loss of revenue that results from the download or use of such material.
Superyachtnfts.com does not control the content provided by Third Party Providers and does not guarantee the accuracy, integrity or quality of such content. You understand that by using the Superyachtnfts.com Website you may be exposed to Content provided by Third Party Providers that is offensive, indecent and/or objectionable. Under no circumstances will Superyachtnfts.com be liable in any way for any Content provided by Third Party Providers, including any errors or omissions in any such content, or any loss or damage of any kind incurred as a result of your use of any such Content.
In no event shall Superyachtnfts.com or any Third Party Provider or any of their respective affiliates, officers, directors, employees, agents or licensors be liable to you or to anyone else for (i) any direct, special, incidental, indirect, punitive, consequential damages or any other loss or injury caused in whole or in part by contingencies beyond their control or any negligence, including any gross negligence, in procuring, providing, compiling, interpreting, editing, writing, reporting, transmitting or delivering the Superyachtnfts.com Website or any Content thereon, or (ii) any claim arising out of or relating to the Superyachtnfts.com Website or any Content, including, but not limited to, any decision made or action taken by you in reliance upon such content, any delays, errors, omissions or interruptions in the delivery or transmission of Content, data and services available on the Superyachtnfts.com Website or any Website of a Third Party Provider, or (iii) any other aspect of the Superyachtnfts.com Website or any Website of a Third Party Provider, or (iv) for any types of damages, even if advised of the possibility of such damages.
For the avoidance of doubt, nothing in the preceding three paragraphs shall limit or otherwise modify any of your liabilities or obligations, any restrictions on contributed content or any other provision set forth above in the section titled, “Content Submission”.
Use of Links
Superyachtnfts.com prohibits caching, unauthorised hypertext links by others to the Superyachtnfts.com Website and the framing of any Content available on its Superyachtnfts.com Website. Superyachtnfts.com reserves the right to disable any unauthorised links or frames and disclaims any responsibility for the content available on any other site reached by links to or from the Superyachtnfts.com Website.
Procedure for Making Copyright Infringement Claims
If you believe that your copyrighted work has been copied and is accessible on the Superyachtnfts.com Website in a way that constitutes copyright infringement, please contact: email: email@example.com.
No Unlawful or Prohibited Use/Monitoring of Superyachtnfts.com Website
Laws and Applicable Jurisdiction
All personal information provided via this web site (in particular your e-mail address), in accordance with the applicable laws and regulations will be considered as confidential. Nevertheless, Superyachtnfts.com reserves the right to use personal information obtained which concerns you, in addition to technical and navigation information, such as browser type, Internet protocol address, pages visited and average time spent on this Internet site. Despite all the precautions in place, users of this site expressly agree that the Internet network does not constitute a secure means of communication of information and that they use the Internet at their sole risk. Superyachtnfts.com will not be responsible for any loss or damage, which could result from the interception by third parties of the information, which is made available to you on this site. Superyachtnfts.com will not be held responsible, in particular for loss or damage which may result from a breakdown or an interruption of this site or an error, omission, interruption, deletion, defect, delay of operating or transmission, computer virus, communication line fault or alteration, even if the circumstances causing the event may have been within the control of Superyachtnfts.com or any provider of services or software assistance. Superyachtnfts.com even if informed of the possibility of such damages, will shall not be held responsible for any type of damage suffered by you.
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Terms and Conditions with respect to Third Party Providers
All information provided by Third Party Suppliers (“Information”) is owned by or licensed to such Third Party Provider. Except for downloading for viewing by you as expressly authorised by the respective owners and making one hard copy print of the downloaded Information viewed by you on an ad hoc basis and for personal use, the Information may not be reproduced, modified, transmitted or distributed without such owner’s prior written consent and no user shall use any Information in or in connection with any business or commercial enterprise. The Third Party Providers provide the information “as is”, without any warranties, express or implied or arising under custom or usage or trade or by operation of law. The Third Party Providers do not warrant the accuracy, timeliness, completeness, adequacy, merchantability, fitness for a particular purpose of the information or provide a warranty against non-infringement and shall not be liable to you or to any third party with respect to any actual or alleged inaccuracy, untimeliness, incompleteness, inadequacy, unmerchantability or unfitness or arising from use of the information.
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