Terms of Service | Remooz

TERMS OF SERVICE

Remooz NFT Marketplace

Remooz Inc.
651 N Broad St., Suite 206,
Middletown, New Castle,
Delaware, 19709,
United States of America
www.remooz.com

REMOOZ TERMS OF SERVICE

Last Updated: 16.05.2022

1. INTRODUCTION

OVERVIEW

These ‘Terms of Service’ (the ‘Terms’ or ‘Agreement’) are the legal Agreement between Remooz (the ‘Platform’ or ‘Marketplace’ or ‘Website’) and any person, purchaser, customer, collector or entity (the ‘User(s)’ or ‘Your’ or ‘You’) utilising the Platform, and any products,features, and services provided thereon (‘Service’ or ‘Services’). Remooz is owned and operated by Remooz Inc (the ‘Company’ or ‘Our’ or ‘We’ or ‘Us’), a Company registered in the state of Delaware, United States of America [Employer Identification Number (EIN) 36-5013453]. The following Terms and conditions regulate Your access to and usage of the Marketplace,including any content, features, and services provided on or via the Remooz Website, www.remooz.com, as well as any documents specifically incorporated by reference.

THE TERMS

The following Terms and conditions, as well as Our Privacy policy available on the Remooz Marketplace, (collectively, the ‘Agreement’) regulate Your access to and usage of the Remooz Marketplace or Platform, including any content,features, and services provided on or via the Remooz Website, www.remooz.com, as well as any documents specifically incorporated by reference.

CHANGES TO THE TERMS

The Terms of Service may be amended, revised and updated at any time at the sole discretion of the Company, and will be considered effective as of the date and time posted on the Platform. Any update to the Terms is considered effective as of the time and date posted on the Platform, whether a reminder is announced on the Platform or communicated to Users by email. The updates are also considered effective when this is not communicated to the Users immediately or in good time. Users are expected and encouraged to review the Terms frequently. If a User does not agree to any updated Terms included in the Terms, do not continue to use the Platform. If you do not agree with the Terms of this Agreement, you must not accept this Agreement and may not access and use Our services.

PRIVACY

By accepting the Terms of Service, you acknowledge and agree to the collection, use, and disclosure of Your personal information as described in Our Privacy Policy which can be accessed on the Remooz Marketplace.

2. THE SERVICES

ACCESS TO THE MARKETPLACE

These Terms of Service do not create any agency, partnership, or joint venture between the Remooz Marketplace and the Users. The Marketplace facilitates Non-Fungible Token (NFT) transactions between buyers and sellers but does not become part of any Agreements between buyers and sellers, or between Users. By accessing and using the Remooz Marketplace, you acknowledge that you have read, understood, and agree to be bound or contracted by the Terms of this Agreement, even though it is electronic and is not physically signed by you.

MARKETPLACE INFRASTRUCTURE

The Remooz Marketplace is a blockchain-based Platform, built on the Hyperledger Fabric, an open source enterprise-grade and permissioned, distributed ledger technology (DLT) Platform. Hyperledger Fabric is a private blockchain (essentially a database) system hosted by the Linux Foundation.

BLOCKCHAIN TECHNOLOGY

A blockchain system is a way to record information so that it is considerably more difficult for someone to change it, hack it, or cheat it. A blockchain network is a technical infrastructure that provides ledger and smart contract (chaincode) services to applications.

MARKETPLACE TRANSACTIONS

Our Marketplace enables the Users to engage in online transactions for the purchase, sale and trading of digital assets, or similar goods and merchandise, and other related products, collectively known as ‘Non-Fungible Tokens’ (NFTs or Tokens). NFTs are also known as digital assets or collectibles.

NON-FUNGIBLE TOKEN (NFT)

‘Non-fungible’ essentially means that a digital asset is unique and cannot be replaced. ‘Token’ is a unit of data stored on a blockchain, normally identified through a digital asset like an image, photo, video, GIF, etc. It is also commonly associated with a specific digital wallet. Non-Fungible Tokens (NFTs) are created or ‘minted’ by means of smart contracts that assign ownership and manage transferability of these NFTs.

SMART CONTRACT

Smart contract is a self-executing contract that is directly coded with the Terms of the Agreement between the buyer and seller. The digital creation must be unique and able to be independently identified, with the right to transfer ownership. Therefore, when a Non-Fungible Token is created or minted, codes are stored in smart contracts that comply with specific standards. Within the smart contract, Non-Fungible Token (NFT) creators should incorporate the economics of trading: how much a primary sale and secondary market sale will cost, royalties, transaction costs, other factors to facilitate trading, and other features to coordinate payments to the appropriate parties.

LEGISLATIVE CONTEXT

The provision of services to you and these Terms of Service are governed by the laws of the state of Delaware, In the United States of America.

3. OPENING AN ACCOUNT AND APPLICATION PROCESS

REGISTRATION

In order to use Our Services, you must register to sign up and create an account. As a condition of accepting these Terms, you hereby certify that you are at least 18 years of age. If you do not meet this condition, you are not permitted to open an account on Our Marketplace and access or use the Platform on Your own. We will ask you for some information about yourself when you sign up for an account, and select a User name and password. The information you provide should be true, accurate, current, and complete, or if you are using the Services on behalf of an entity, it should be an entity’s information. When you sign-up to register by clicking a ‘Sign-up’ button or link or similar button, you also agree to these Terms of Service and therefore enter into a binding contract with the Company. You may be asked to provide additional information and/or documents at Our discretion. In the event you do not submit complete and accurate information and/or documents in response to a request,we may not provide you with Our services.

SECURITY MONITORING

It is understood and agreed that you are solely responsible for maintaining the security and confidentiality of Your account details and controlling any User names, passwords, or other codes you use to access the Marketplace and its services. Further, you acknowledge that we are not liable (and you will not hold us responsible) for any unauthorised use or access to Your account by third parties who gain unauthorised access to Your account and, as a consequence, lose or steal Your Non-Fungible Tokens (NFTs) and/or funds in Your account and any associated accounts, e.g., bank or credit cards.

USER ACCOUNTS AND TRANSACTIONS

When you sign-up for a registered account with Remooz, you agree to the Terms of Service and enter into a binding contract with us. The Company reserves the right to suspend, cancel or close Your account and access to the Services, if we suspect, in Our sole discretion, that you are using Our Services in an unauthorised way. All Users must be at least 18 years old to participate and open and account on the Remooz Platform. If you area at least 15 years old but under 18 years old, you may only use Remooz through a parent or guardian’s account, and with their approval. The parent or guardian is responsible for any actions you take through that account. You are only allowed to create one account on the Remooz Marketplace. You do not need a crypto wallet associated with Your account.

4. USE AND CONDUCT

SERVICES FOR USERS

We provide Our Remooz Marketplace services by using the highest level of skill and care in order to keep them up and running, error-free and safe. We allow Users to use Our services solely for the purposes of browsing, searching, viewing, registering or purchasing Non-Fungible Tokens (NFTs); and/or for creators and owners; creating profiles and other services with respect to promoting, marketing, managing, selling, distributing and collecting Tokens and the associated sales proceeds in compliance with these Terms of Service and as permitted under all applicable local, national and other regulations and laws.

OWNERSHIP AND INTELLECTUAL PROPERTY (IP)

All other trademarks, product names, and logos related to the Non-Fungible Tokens (NFTs) on the Remooz Platform are the properties of their respective owners. If found outside of the Platform, these may not be copied, imitated, or used without the permission from the corresponding trademark holders.

COPYRIGHT

On the Remooz NFTs Marketplace, creators own the copyrights of their Non-Fungible Tokens (NFTs) in order to sell. When creators want to sell, creators can sell with or without the rights. If a creator sells without the right, then the buyer/owner can’t use it for commercial purposes If a creator sells with the copyright, then the buyer/owner can use it commercially, and not the creator. If you believe any third-party material we host violates Your copyrights or trademarks, please contact us immediately.

WARRANTY DISCLAIMER

The Marketplace services and all related information are provided on an ‘as is’ and ‘as available’ basis without warranties of any kind (express or implied, including any warranty of merchantability and warranty of fitness for a particular purpose), as permitted by applicable law. Therefore, we do not make any guarantees or warranties about Our services, and we ask you to use them at the discretion of Your own judgment.

LIMITATION OF LIABILITY

Your use of the Remooz Marketplace or Platform is entirely at Your own risk. Except as prohibited by applicable law, the Company will not be responsible or liable to you for any indirect, consequential, incidental, special or punitive damages, including for any damages or losses occurring in connection with Your use of the Marketplace, the Non-Fungible Tokens (NFTs) or digital assets or Tokens, the Token descriptions, or the services provided through the Marketplace or Your reliance on any information or any other content provided through the Marketplace. The Company’s total liability to you in respect of any loss, damage and causes of action (whether in contract or tort, or for breach of statutory duty or in any other way) suffered by you, arising from the Terms of Your use of the Marketplace, shall not exceed the amount of USD50 Or a reasonable amount lesser than this.

LEGAL DISPUTES

In the event of any dispute or claim relating in any way to Your use of any Remooz services, or to any Non-Fungible Tokens (NFTs) sold through www.remooz.com, such dispute or claim will be resolved by binding arbitration rather than through litigation.

5. PAYMENT AND FEES

CONDITION OF SALE AND PURCHASE

To make purchases on the Remooz Marketplace, including buying Non-Fungible Tokens (NFTs), you must provide valid payment information associated with Your registered account The payment method you use via the Marketplace must be authorised by you for the total amount of purchase, and we may charge you the payment method, being payment for the third-party payment provider.

PAYMENT METHOD

By choosing to use the Marketplace’s payment services, an owner also allows the Company to act as the owner’s limited agent, partnering with third-party payment providers via the Marketplace services to collect payments from buyers and transferring those payments to the Owner.

TRANSACTION FEES

You agree to pay all applicable fees and authorise the Remooz Marketplace to automatically deduct the fees from Your payment when you buy or sell Non-Fungible Tokens (NFTs) on the Platform. Prior to Your purchase or sale of an Token, you will be provided with a breakdown of fees. All fees paid are nonrefundable.

6. CLOSING AN ACCOUNT AND TERMINATION

DELETING AN ACCOUNT

Deleting Your account will delete all of the content you have created. This action will be completely irrecoverable. Therefore, we advise you to download a copy of all data you have created on the Remooz Platform.

BREACH OF TERMS

When you breach any of these Terms of Service, the Company will automatically Terminate all access granted to you. Further, notwithstanding any other provision of these Terms, we reserve the right, in Our sole discretion, to suspend, disable, Terminate, or delete Your account without notice, including being able to access or use the service with or without reason, at any point in time. Also, you acknowledge and agree that the Company shall have no obligation or liability to you in such event.