Terms & Conditions
1. Introduction
1.1. By using the abris.io Platform (the “Website”), you confirm that you understand and agree to these terms and conditions, together with any documents that may be expressly referred to and are incorporated by reference (“Terms”).
1.2 These Terms constitute a legal agreement between you and abris.io io (the “Company”, “us”, “we”, or “our”) and govern your access to and use of the abris.io Platform, including any content, functionality, and services offered on or through NFT.
1.3 abris.io (the “Site”) reserves the right to change or modify these terms at any time and at our sole discretion. You agree and understand that by accessing or using the abris.io Platform and the Site following any change to these Terms, you are regarded as having agreed to the revised Terms.
IF ANY PROVISION OF THESE ABRIS.IO TERMS OR ANY FUTURE CHANGES ARE UNACCEPTABLE TO YOU, DO NOT USE OR CONTINUE TO USE THE NFT MARKETPLACE. YOUR CONTINUED USE OF THE NFT MARKETPLACE FOLLOWING THE POSTING OF ANY NOTICE OF ANY CHANGE TO THESE TERMS OF SERVICE SHALL CONSTITUTE YOUR ACCEPTANCE AND AGREEMENT TO SUCH CHANGE.
ARBITRATION NOTICE: THE ABRIS.IO TERMS CONTAIN AN ARBITRATION CLAUSE. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THAT ARBITRATION CLAUSE, YOU AND THE COMPANY AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND THE COMPANY WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
2. Definitions
For purposes of this agreement,
“Account” has the meaning given to it in Clause 5;
“Applicable Law” means any law, rule, statute, subordinate legislation, regulation, by-law order, ordinance, protocol, code, guideline, treaty, policy, notice, direction or judicial, arbitral, administrative, ministerial or departmental judgment, award, decree, treaty, directive, or other requirement or guideline published or in force at any time which applies to or is otherwise intended to govern or regulate any person (including all parties to this Terms), property, transaction, activity, event or other matter, including any rule, order, judgment, directive or other requirement or guideline issued by any governmental or regulatory authority;
“KYC documents” means the documents of the User that include, inter alia, the passport or ID, mobile phone number and and/or any personal data requested during the verification/registration process;
“NFT” means a unique non-fungible token generated from a Sale Item using smart contracts; “Privacy Policy” means the abris.io privacy notice accessible at https://akshayapatra.abris.io/privacy-policy/
“Sale Item” means any one or more of the following without limitation:
- Any art (including without limitation, designs, drawings, prints, images in any form or media, including without limitation videos and photographs);
- Audio files;
- Collectibles;
- Memorabilia;
- Game assets.
“Service” refers to the Company’s services accessed via the website, in which users can buy, sell and resell Non-Fungible Tokens on the Algorand Blockchain and upload user-created content to our servers and other third-party affiliates;
“Site” means the website Abris.io;
“User Content” means any and all information and content that a user submits to, or uses with, the Website;
“we/us/our” refers to abris.io; and
“you/your” means the user of abris.io Platform and includes creators, collectors, buyers and anyone who has the legitimate possession of the NFT.
3. Binding Statement
The following Terms of Use apply when you view or use the Service via our website at Abris.io Please review the following terms carefully. By accessing or using the Service, you signify your agreement to these Terms of Use. If you do not agree to be bound by these Terms of Use in their entirety, you may not access or use the Service.
4. Eligibility
abris.io has sole and absolute discretion to determine access to the abris.io NFT Platform. By agreeing to these Terms, you represent and warrant that:
a) You are granting abris.io, its affiliates and its business partners the right to use your content on their websites, social media platforms and retailer websites, as well as in other forms, media and/or distribution methods as described below, indefinitely;
b) You created the content or have permission from the creator of the content to grant the right to use the content;
c) You have all necessary rights and permissions to grant the right to use the content with respect to all individuals appearing in the content;
d) You understand that any content that violates these terms of Service, any local laws, international laws, regulations, or policies can and will be removed from the abris.io NFT platform.
e) You are at least 13 years of age or the age of majority, whichever is older, in your state and/or country of residence.
f) You are not subject to any financial sanctions, embargoes or other restrictive measures imposed by the United Nations or any governmental authority in any jurisdiction in which the abris.io NFT Platform is available;
g) You are not impersonating any other person;
h) You will not use the abris.io NFT Platform if any Applicable Laws in your country prohibit you from doing so in accordance with these Terms;
i) You are compliant with all Applicable Laws to which you are subject;
j) You have read, understood and agreed to our Privacy Policy.
5. abris.io NFT Platform Account
You must create an account (“Account”) to use the abris.io NFT Platform. To create an Account, you must provide us with some information about yourself. We may, in our sole discretion, require that you provide further information and/or documents. We may, in our sole discretion, refuse to provide you with access to the abris.io NFT Platform.
6. AML (Anti Money Laundering) and KYC (Know Your Client) Requirements
In order to ensure that we comply with all Anti Money Laundering (AML) requirements, we ensure that high standards and processes are followed in our “Know Your Client” process in which we gather information about you (hereinafter referred to as “KYC”). We strive to provide you with the best service possible through the abris.io Platform and in order for us to do so it is important for us that you read and understand your responsibilities in respect of AML and KYC as detailed in these terms and conditions. If you have any questions or need any clarification please feel free to write to us.
6.1 Your Obligations Related to Our Know Your Client (KYC) Process
6.1.1 For us to comply with AML laws, we have adopted high standards in our KYC processes and it is critical that you comply with these processes and provide us with clear, valid and accurate documentation or information.
6.1.2 We will only use the information provided by you as required to fulfill our services to you and to complete our KYC procedures. However, we reserve the right to disclose your personal and sensitive information in the event we are required to by law or as required to under these terms and conditions.
6.1.3 We require the following documentation from you when registering an account on the abris.io Platform.
a) valid photo identification with visual evidence (hold the ID card next to your face and take a picture and send us this image);
b) mobile phone number;
c) original identity card copy (copy of both the front and rear);
d) proof of address(copy of bank statement, temporary residence permit, utility bill, showing address);
7. Changes to the abris.io NFT Platform
We may in our absolute and sole discretion change, update, amend, remove, or discontinue any part of the Site and the Content at any time without prior notice to you.
8. Privacy Policy
The Company respects the privacy of its Service users. Please refer to the Company’s Privacy Policy, which explains how we collect, use, and disclose information that pertains to your privacy. When you access or use the Service, you signify your agreement to the Privacy Policy as well as these Terms of Use.
9. About the Service
The Service allows you to buy, sell and re-sell non-fungible tokens on the Algorand Blockchain and upload user-created content to our servers and other third party affiliates, manage existing non-fungible tokens made on The Service, or made on other third party services, browse non- fungible tokens created on the Algorand Blockchain, and transact between two parties by selling non-fungible tokens.
10. Registration
10.1 You need to be at least 13 years old to register for and use the Service;
10.2 If you are a user who signs up for the Service, you will create a personalized Account which includes a unique username and a password to access the Service and to receive messages from the Company. You agree to notify us immediately of any unauthorized use of your password and/or Account.
10.3 The Company will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your username, password and/or Account.
11.Responsibilities
11.1 You have to keep your Account login information, email, password, and crypto wallet in secret (confidentiality requirement). You are responsible for all activities that may occur under your Account.
11.2 You must notify Us of any unauthorized use or suspected unauthorized use of your Account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with the confidentiality requirement.
12. Access to the Website
12.1 License
We grant you a non-transferable, non-exclusive, revocable, limited license to use and access the Website solely for your personal non-commercial use.
12.2 Restrictions
The license granted to you is subject to the following restrictions:
a) You shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Website whether in whole or in part or any content displayed on the Website;
b) You shall not modify, make derivative works of, disassemble, reverse compile, orreverse engineer any part of the Website;
c) You shall not access the Website to build a similar or competitive website, product, or service;
d) Except as expressly stated herein, no part of the Website may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means;
e) All copyright and other proprietary notices on the Website (or on any content displayed on the Website) must be retained on all copies thereof.
Unless otherwise indicated, any future release, update, or other addition to functionality of the Website shall be subject to these Terms or related documents.
12.3 Modification
The Website are provided on an “AS IS” and “AS AVAILABLE” basis. We reserve the right at any time to modify, suspend, or discontinue the Website (in whole or part) with or without any prior notices. You agree that We will not be liable to you or any third party for any modification, suspension, or discontinuation of the Website or any part thereof.
12.4 No Support or Maintenance obligations
You acknowledge and agree that We do not oblige to provide you with any support or maintenance in connection with the Website.
13. User Restrictions
Your permission to use the Site is conditioned upon the following use, posting and conduct restrictions: You agree THAT YOU WILL NOT UNDER ANY CIRCUMSTANCES: ·
a) Access the Service for any reason other than your personal use solely as permitted by the normal functionality of the Service,
b) Collect or harvest any personal data of any user of the Site or the Service,
c) Use the Site or the Service for the solicitation of business in the course of trade or in connection with a commercial enterprise;
d) Distribute any part or parts of the Site or the Service without our explicit written permission (we grant the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly-available searchable indices but retain the right to revoke this permission at any time on a general or specific basis);
e) Use the Service for any unlawful purpose or for the promotion of illegal activities;
f) Provide false or inaccurate information when registering an Account;
g) Use another user’s Account without permission;
h) Attempt to, or harass, abuse, or harm another person or group;
i) Intentionally allow another user to access your Account;
j) Interfere or attempt to interfere with the proper functioning of the Service;
k) Make any automated use of the Site, the Service or the related systems, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
l) Bypass any robot exclusion headers or other measures we take to restrict access to the Service, or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data;
m) Circumvent, disable, or otherwise interfere with any security-related features of the Service or features that prevent or restrict use or copying of content, or enforce limitations on use of the Service or the content accessible via the Service; or
n) Publish or link to malicious content of any sort, including that intended to damage or disrupt another user’s browser or computer.
14. License to User Content
14.1 You hereby grant (and you confirm that you have the right to grant) to Us an irrevocable, nonexclusive, royalty-free, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content, and to grant sublicenses of the foregoing rights, solely for the purposes of including your User Content in the Website, creating an NFT and listing an NFT via Us and a copy of your User Content on third parties’ websites.
14.2 You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.
14.3 SOME JURISDICTIONS DO NOT ALLOW THE waiver of moral rights, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Acceptable Use Policy
You agree not to:
i. Upload, transmit, or distribute to or through the Website any computer viruses, worms, or any software intended to damage or alter a computer system or data;
ii. Send through the Website unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise;
iii. Use the Site to harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent;
iv. Interfere with, disrupt, or create an undue burden on servers or networks connected to the Website, or violate the regulations, policies, or procedures of such networks;
v. Attempt to gain unauthorized access to the Site (or to other computer systems or networks connected to or used together with the Website, whether through password mining or any other means;
vi. Harass or interfere with any other user’s use and enjoyment of the Website; or
vii. Use software or automated agents or scripts to produce multiple accounts on the Website, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Website (provided, however, that we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials, subject to the parameters outlined in our robots.txt file).
15. Posting and Conduct Restrictions
15.1 When you create your own personalized Account, you may be able to generate content in the form of non-fungible tokens on the Algorand Blockchain (“User Content”) from using the Service. You are solely responsible for the User Content that you post, upload, link to or otherwise make available via the Service.
15.2 You agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. The Company, however, reserves the right to remove any User Content from the Service at its sole discretion. We grant you permission to use and access the Service, subject to the following express conditions surrounding User Content.
15.3 You agree that failure to adhere to any of these conditions constitutes a material breach of these Terms. By transmitting and submitting any User Content while using the Service, you agree as follows:
a) You are solely responsible for your Account and the activity that occurs while signed in to or while using your Account;
b) You will not post information that is malicious, libelous, false or inaccurate;
c) You will not post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive;
d) You retain all ownership rights in your User Content but you are required to grant the following rights to the Site and to users of the Service as set forth more fully under the “License Grant” and “Intellectual Property” provisions below: When you upload or post User Content to the Site or the Service, you grant to the Site a worldwide, non-exclusive, royalty free, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform that Content in connection with the provision of the Service; and you grant to each user of the Service, a worldwide, non-exclusive, royalty-free license to access your User Content through the Service, and to use, reproduce, distribute, prepare derivative works of, display and perform such Content to the extent permitted by the Service and under these Terms of Use;
e) You will not submit content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, or others, unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content; and,
f) You hereby agree that we have the right to determine whether your User Content submissions are appropriate and comply with these Terms of Service, remove any and/or all of your submissions, and terminate your Account with or without prior notice. You understand and agree that any liability, loss or damage that occurs as a result of the use of any User Content that you make available or access through your use of the Service is solely your responsibility. The Site is not responsible for any public display or misuse of your User Content. The Site does not, and cannot, pre-screen or monitor all User Content. However, at our discretion, we, or technology we employ, may monitor and/or record your interactions with the Service or with other Users.
16. Online Content Disclaimer
16.1 Opinions, advice, statements, offers, or other information or content made available through the Service, but not directly by the Site, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. We do not guarantee the accuracy, completeness, or usefulness of any information on the Site or the Service nor do we adopt nor endorse, nor are we responsible for, the accuracy or reliability of any opinion, advice, or statement made by other parties.
16.2 We take no responsibility and assume no liability for any User Content that you or any other user or third party posts or sends via the Service. Under no circumstances will we be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the Service, or transmitted to users.
16.3 Though we strive to enforce these Terms of Use, you may be exposed to User Content that is inaccurate or objectionable when you use or access the Site or the Service. We reserve the right, but have no obligation, to monitor the materials posted in the public areas of the Site or the Service or to limit or deny a user’s access to the Service or take other appropriate action if a user violates these Terms of Use or engages in any activity that violates the rights of any person or entity or which we deem unlawful, offensive, abusive, harmful or malicious.
16.4 The Company shall have the right to remove any material that in its sole opinion violates, or is alleged to violate, the law or this agreement or which might be offensive, or that might violate the rights, harm, or threaten the safety of users or others. Unauthorized use may result in criminal and/or civil prosecution under Federal, State and local law.
If you become aware of a misuse of our Service or violation of these Terms of Use, please contact us blank@blank.com
17. Links to Other Sites and/or Materials
17.1 As part of the Service, we may provide you with convenient links to third party website(s) (“Third Party Sites”) as well as content or items belonging to or originating from third parties (the “Third Party Applications, Software or Content”).
17.2 These links are provided as a courtesy to Service subscribers. We have no control over Third Party Sites or Third Party Applications, Software or Content or the promotions, materials, information, goods or services available on these Third Party Sites or Third Party Applications, Software or Content.
17.3 Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content.
17.4 Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply our approval or endorsement. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies, including these Terms of Use, no longer govern.
17.5 You should review the applicable terms and policies, including privacy and data gathering practices, of any Third Party Site to which you navigate from the Site or relating to any applications you use or install from the Third Party Site.
18. Copyright Complaints and Copyright Agent
18.1 Termination of Repeat Infringer Accounts
18.1.1 We respect the intellectual property rights of others and requires that the users do the same. We have adopted and implemented a policy that provides for the termination in appropriate circumstances of users of the Service who are repeat infringers.
18.1.2 We may terminate access for participants or users who are found repeatedly to provide or post protected third party content without necessary rights and permissions.
18.1.3 If you are a copyright owner or an agent thereof and believe, in good faith, that any materials provided on the Service infringe upon your copyrights, you may submit a notification sending the following information in writing to our designated copyright agent at blank@blank.com
a) The date of your notification;
b) A physical or electronic signature of a person authorized to act o nbehalf of the owner of an exclusive right that is allegedly infringed;
c) A description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
d) A description of the material that is claimed to be infringing or to be the subject of infringing activity and information sufficient to enable us to locate such work;
e) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and/or email address;
f) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
g) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
18.2 Counter-Notices
18.2.1 If you believe that your User Content that has been removed from the Site is not overstepping, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your User Content, you may send a counter-notice containing the following information to our copyright agent using the contact information set forth above:
a) Your physical or electronic signature;
b) A description of the content that has been removed and the location at which the content appeared before it was removed;
c) A statement that you have a good faith belief that the content was removed as a result of mistake or a misidentification of the content; and
d) Yourname, address, telephone number, and email address, a statement that you consent to the jurisdiction of relevant court, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
18.2.2 If a counter-notice is received by our copyright agent, we may send a copy of the counter notice to the original complaining party informing such person that it may reinstate the removed content in ten (10) business days.
18.2.3 Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may (in our sole discretion) be reinstated on the Site in ten (10) to fourteen (14) business days or more after receipt of the counter-notice.
19. License Grant
By posting any User Content via the Service, you expressly grant, and you represent and warrant that you have a right to grant, to the Company a royalty-free, transferable, sublicensable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, if applicable, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service.
20. Our Intellectual Property Rights
20.1 Unless otherwise indicated by us, and except to the extent of the User Content, the Site, all content, and other materials contained therein, including, without limitation, the abris.io logo, and all designs, text graphics, pictures, information, data, software, and files relating to the abris.io NFT Platform (the “Content”) are the proprietary property of abris.io or our affiliates, licensors, or users, as applicable.
20.2 The abris.io logo and any abris.io NFT Platform product or service names, logos, or slogans that may appear on the Site or elsewhere are the proprietary property of abris.io and may not be copied, imitated or used, in whole or in part, without our prior written permission.
20.3 Unless otherwise stated, you may not use any Content without our express written permission.
20.4 We reserve the right to suspend or terminate any Account that has actually or allegedly infringed upon any person’s intellectual property rights.
20.5 We reserve all rights that are not expressly granted to you under these Terms of Use.
21. Email may not be Used to Provide Notice
Communications made through the Service’s email and messaging system will not constitute legal notice to the Site, the Service, or any of its officers, employees, agents or representatives in any situation where legal notice is required by contract or any law or regulation.
22. User Consent to Receive Communications in Electronic Form
For contractual purposes, you:
a) Consent to receive communications from us in an electronic form via the email address you have submitted; and,
b) Agree that all Terms of Use, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights. We may also use your email address to send you other messages, including information about the Site or the Service and special offers. You may opt out of such email by changing your Account settings, using the “Unsubscribe” link in the message, or by sending an email to blank@blank.com Opting out may prevent you from receiving messages regarding the Site, the Service or special offers.
23. Limitation of Liability
23.1 In addition to any other limitation of liability set forth in this terms of use, you expressly agree that in no event shall the Service, its officers, directors, employees, contractors, affiliates, or agents be liable to you or any third party for: any direct, indirect, punitive, incidental, special, consequential damages or any damages incurred by you, however caused and under any theory of liability. This shall include, but is not limited to;
a) Lost profits (directly or indirectly), loss of goodwill or business reputation, loss of data, or other intangible loss;
b) Anylossordamagethatmaybeincurredbyyouarisingoutoforinanywayconnected with the use or performance of the Website; the delay or inability to use the Website; the provision of or failure to provide services; for any information, documents and publications obtained through the Website; or otherwise arising out of the use of the Website;
c) Any loss or damage arising out of unauthorized access to or alteration of your transmissions of data and for any material or data sent or received or not sent or received; and,
d) Any loss or damage arising out of any inaccuracies in the translation of information, documents and publications on the Service’s foreign language websites or for any misunderstandings resulting from differences in language usage, dialect or particular regional usage in such translations. The limitations on the Service’s liability apply even if the Service has been advised of or it should have been aware of the possibility that such losses or damages could arise.
TO THE FULL EXTENT PERMITTED BY LAW, IN NO EVENT WILL ABRIS.IO BE LIABLE FOR ANY LOSS OF USE, LOST OR INACCURATE DATA, FAILURE OF SECURITY MECHANISMS, INTERRUPTION OF BUSINESS, COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY OR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS OR LOST DATA), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. TO THE FULL EXTENT PERMITTED BY LAW, IN NO EVENT WILL ABRIS.IO AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS, LOSSES, DAMAGES, LIABILITIES, COSTS AND EXPENSES (INCLUDING REASONABLE LAWYER’S FEES) ARISING FROM, IN CONNECTION WITH OR RELATED TO THIS AGREEMENT, THE API’S OR THE CONTENT EXCEED THE PORTION OF THE FEES RECEIVED BY ABRIS.IO IN THE THREE (3) MONTHS PRIOR TO SUCH CLAIM. NOTWITHSTANDING ANYTHING TO THE CONTRARY, ABRIS.IO HAS NO WARRANTY, INDEMNIFICATION OR OTHER OBLIGATION OR LIABILITY WITH RESPECT TO THE CLIENT’S PRODUCT OR ITS COMBINATION, INTERACTION, OR USE WITH ANY MINTING SERVICES OR THE APIS.
23.2 The Client acknowledges and agrees that this Clause reflects a reasonable allocation of risk and that abris.io would not have entered into this Agreement without these liability limitations. This Clause will survive notwithstanding any limited remedy’s failure of essential purpose.
24. Indemnification
The Client agrees that abris.io and its affiliates and their respective shareholders, directors, officers, employees, representatives, agents, contractors, customers and licensees (collectively, the “Indemnified Parties”) shall have no liability whatsoever for, and the Client shall indemnify and hold harmless the Indemnified Parties from and against, any and all claims, losses, damages, liabilities, costs and expenses (including reasonable lawyer’s fees) arising from, in connection with or related to:
a) any use the Client or its end users makes of the API, the Content or the Minting Services;
b) the Client’s relationships or interactions with any end users or third party distributors of the Client’s Product;
c) the Client’s Product;
d) theClient’sbreachofthetermsofthisAgreementor
e) the gross negligence, willful misconduct or fraud of the Client, its affiliates and their respective shareholders, directors, officers, employees, representatives, agents, contractors, customers and licensees.
25. Warranty Disclaimer
THE SERVICE, IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICE INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON- INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THE SERVICE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.
LIMITATION OF DAMAGES; RELEASE TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE SITE, THE SERVICE, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM:
a) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT;
b) YOUR USE OR INABILITY TO USE THE SERVICE;
c) THE SERVICE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SERVICE AVAILABLE; OR,
d) ANY OTHER INTERACTIONS WITH USE OR WITH ANY OTHER USER OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
If you have a dispute with one or more users using the Service, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
26. Modification of Terms of Use
26.1 We can amend these Terms of Use at any time and will update these Terms of Use in the event of any such amendments. It is your sole responsibility to check the Site from time to time to view any such changes in this agreement. Your continued use of the Site or the Service signifies your agreement to our revisions to these Terms of Use.
26.2 We will endeavor to notify you of material changes to the Terms by posting a notice on our homepage and/or sending an email to the email address you provided to us upon registration. For this additional reason, you should keep your contact and profile information current.
26.3 Any changes to these Terms (other than as set forth in this paragraph) or waiver of our rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of one of our officers. No purported waiver or modification of this agreement on our part via telephonic or email communications shall be valid.
27. Governing Law and Jurisdiction
This contract shall be governed by and construed in accordance with US law and any dispute arising out of or in connection with this contract shall be referred exclusively to arbitration in USA.
28. General Terms
28.1 If any part of this Terms of Use agreement is held or found to be invalid or unenforceable, that portion of the agreement will be construed as to be consistent with applicable law while the remaining portions of the agreement will remain in full force and effect.
28.2 Any failure on our part to enforce any provision of this agreement will not be considered a waiver of our right to enforce such provision. Our rights under this agreement survive any transfer or termination of this agreement.
28.3 You agree that any cause of action related to or arising out of your relationship with the Company must commence within ONE year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
28.4 These Terms of Use and your use of the Site are governed by the laws of USA, without regard to conflict of law provisions. We may assign or delegate these Terms of Service and/or our Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent.
28.5 You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without our prior written consent, and any unauthorized assignment or delegation by you is void.
YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THE TERMS OF USE, AND WILL BE BOUND BY THESE TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS OF USE TOGETHER WITH THE PRIVACY POLICY AT Abris.io REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.