MOOAR TERMS OF USE
MOOAR is a decentralized NFT Marketplace (MOOAR Marketplace) launched by Infinite Movement Lab Limited (Company). The MOOAR Marketplace is comprised of certain smart contracts (Smart Contracts) deployed on the Solana, Ethereum and Binance blockchains (Networks). These Smart Contracts allow users to create and deploy (or mint) non-fungible tokens (NFTs) and support the sale and distribution of NFTs on the Networks on a peer-to-peer basis.
Access to, and use of, the MOOAR Marketplace and the services available through the MOOAR Marketplace (Services) are subject to the following terms, conditions and notices (Terms of Use). By using the Services, you are agreeing to all of the Terms of Use, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Use.
1. Amendments to Terms of Use
The Company reserves the right to amend these Terms of Use from time to time. Amendments will be effective immediately upon notification on the MOOAR Marketplace or through the Services. Your continued use of the MOOAR Marketplace and the Services following such notification will represent an agreement by you to be bound by the Terms of Use as amended.
2. Who may use the MOOAR Marketplace?
You must be at least 18 years old, or the age of legal majority in your jurisdiction of residence, to access the MOOAR Marketplace and the Services.
The MOOAR Marketplace and the Services are offered only for your personal, non-commercial use. When interacting with the MOOAR Marketplace or the Services, you accept that use of the MOOAR Marketplace or Services involves various risks, including, without limitation, risks of losses while NFTs or digital assets are being supplied to the MOOAR Marketplace and losses due to fluctuating prices of NFTs or digital assets. You agree that the Company is not responsible or liable for any loss, damage, injury, or other matters of any kind whatsoever incurred as the result of interacting with the MOOAR Marketplace or the Services.
3. MOOAR Marketplace
MOOAR Marketplace is a platform that facilitates transactions between purchasers and sellers within the MOOAR Marketplace. The Company does not buy, sell or take custody or possession of any NFTs, nor does it act as an agent, broker or custodian for any user of the Services. The Company is not a party to any agreement between purchasers and sellers of any transaction that occurs within the MOOAR Marketplace. Each NFT that is listed for sale will be deposited into a Smart Contract on the respective Network and is released automatically upon completion of a sale as recorded on the Network. All transactions are conducted solely through the relevant Smart Contract and Network.
As a user of the MOOAR Marketplace or the Services, you must verify the identity, legitimacy, authenticity or legality of any NFT or digital asset you purchase through the MOOAR Marketplace. The Company makes no representation about the identity, legitimacy, authenticity or legality of any NFT or digital asset on the MOOAR Marketplace and you bear full responsibility for any decision to purchase any NFT or digital asset on the platform. NFTs may be subject to terms directly between buyers and sellers with respect to the use of the NFT as well as the content and benefits associated with a given NFT. These specific NFT terms may be found on a third party or the creator’s website which may include additional terms governing the use of the NFT that you will be required to comply with.
Use of the MOOAR Marketplace or the Services may require that you pay a fee, such as network or transaction fees and other charges needed to perform a transaction.
You are responsible for ensuring your security of access to any digital wallet used by you in connection with the MOOAR Marketplace or the Services. Before using the MOOAR Marketplace or the Services, you should review all relevant documentation to make sure you understand how the MOOAR Marketplace and Smart Contracts work. You are also responsible for doing your own due diligence on the various methods through which you may access the MOOAR Marketplace or the Services in order to understand the fees and risks they present. There may be royalties associated with the secondary sale of any NFT, which may be programmed to be self-executing via the respective Network’s NFT standard. The Company does not manage or collect, or have any control or ability to direct, such royalty fees.
The MOOAR Marketplace, the Services and Smart Contracts are decentralized and the Company has no control over any transactions conducted through the MOOAR Marketplace, the Services, the Smart Contracts, or the method of payment of any transactions, or any actual payments of transactions, including your use of any third-party services such as digital asset wallet providers. You must ensure that you have a sufficient balance of the applicable digital asset stored at your compatible digital asset wallet address to complete any transaction on the MOOAR Marketplace or the Services, or the Network before initiating such transaction.
Access to the MOOAR Marketplace and the Services is permitted on a temporary basis, and the Company reserves the right to withdraw or amend the Services without notice. The Company will not be liable if for any reason the MOOAR Marketplace or the Services are unavailable at any time or for any period. From time to time, the Company may restrict access to some parts or all of the MOOAR Marketplace or the Services.
The Company makes no representation and gives no warranty that NFTs or digital assets acquired through the MOOAR Marketplace or the Services will have any particular value or any monetary value at all. You are liable for any loss or diminution value of NFTs or digital assets. No individual or entity or third party involved in creating the MOOAR Marketplace or the Services will be liable for any claims or damages whatsoever associated with your use, inability to use, or your interaction with other users of, the MOOAR Marketplace or the Services, including, without limitation, any direct, indirect, incidental, special, exemplary, punitive or consequential damages, or loss of profits, NFTs, digital assets, or anything else of value.
4. Terms Applicable to Users
For the purposes of this clause and these Terms of Use:
If you are using the Services to purchase NFTs, you are a Purchaser;
if you are using the Services to sell NFTs, you are a Seller; and
if you are using the Services to create and deploy NFTs, you are a Creator.
If you are either a Purchaser or Seller, you agree to the following additional terms:
The terms of sale are determined solely by Purchasers and Sellers and the terms which may be displayed on the MOOAR Marketplace. The terms relating to the sale and purchase of NFTs may include terms relating to the use of the NFT Content (as defined below), the benefits or rights associated with a given NFT and the price to be paid for such NFT (Purchase Terms).
The Company is not a party to any such Purchase Terms as the Purchase Terms are solely between the Purchaser and the Seller. The Company is not responsible for ensuring a party’s compliance with the Purchase Terms or mediating or resolving any disputes with respect to such Purchase Terms, including, but not limited to, any disputes arising out of or related to the authenticity of the NFT or any intellectual property rights associated with such NFT.
The Company does not facilitate or broker the sale or purchase of any NFT. The Purchaser and Seller are responsible for communicating, negotiating, accepting, and enforcing Purchase Terms. For the avoidance of doubt, this also includes resolving any disputes arising from any breach of any Purchase Terms, including any intellectual property rights.
As a Seller, you must comply with and fulfill all of the Purchase Terms with respect to any NFTs that you sell. When you purchase an NFT through the MOOAR Marketplace or the Services, you own all personal property rights to the cryptographic electronic record that comprises the NFT and acquire any rights or benefits outlined in the Purchase Terms, including the right to sell or otherwise dispose of that NFT.
Costs and Fees:
Transactions on the MOOAR Marketplace may be subject to fees that the Company collects to support the NFT Creators, MOOAR Marketplace and the Services. These fees are posted on the Site or outlined in these Terms of Use.
You further agree to pay all other applicable fees, including any Network fees and hosting fees, and you authorize the Company to automatically charge you for any such fees or deduct such fees (including any transaction fee) directly from your amounts paid by the Purchaser.
The payments made to Sellers and Creators do not include any taxes of any kind or nature, including any value added tax or duties (Taxes), and the Company shall have no responsibility for payment of such Taxes regardless of the taxing authority. Each party shall be solely responsible for all Taxes imposed on its income or property and each party agrees to indemnify the Company for any or all Taxes the Company becomes liable for as a result of the sale of a NFT.
As a Seller, you will receive gross amount paid by the Purchaser of a sale of the respective NFT on the MOOAR Marketplace less any applicable Network or sales fee as outlined on the MOOAR Marketplace and as agreed by you when determining to list your NFT for sale.
If you are a Creator, you agree to the following additional terms:
In each sale by other Sellers following your initial sale of your NFT, you will receive the percentage of the gross amount paid by the Purchaser of a sale of your NFT as stipulated in the applicable field of the NFT at the time of creation.
Unless otherwise stipulated in the NFT or Purchase Terms, you shall continue to exclusively own all right, title and interest in and to the digital art embodied in the NFT and any name, likeness, image, signature, voice and other identifiable characteristics included in the digital art embodied in the NFTs, creative assets you provide to the Company, and your name, logos and trademarks, and all intellectual property rights in the foregoing (collectively, the NFT Content).
You grant the Company a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, fully paid-up, license, with the right to sublicense through multiple tiers, to use NFT Content for the purpose of performing the Company’s obligations under these Terms of Use, including hosting the NFT Content and listing, marketing and facilitating the sale of the NFTs, and marketing or promoting the MOOAR Marketplace or the Services.
You must obtain all rights to the NFT Content in connection with its use by the Company as contemplated in these Terms of Use, and the awarding and/or administration of any and all benefits that you sell or list in connection with the sale of your NFT. You bear sole responsibility and costs for obtaining these rights and for delivering on the obligations stipulated in the NFT, including any costs of compliance for the benefits specified in the Purchase Terms. This includes, but is not limited to:
clearing and obtaining any rights in connection with the NFT Content, including, but not limited to, any music performance rights and payment of royalties to any performing rights artists or organizations; and
acquiring any services or materials in connection with the NFTs and benefits offered to Purchasers.
5. Your Content
The MOOAR Marketplace and our Services may allow you to submit, store or share content such as text (in posts or communications with others), files, documents, graphics, images, music, software, audio and video. Anything that you submit, post or otherwise make available through the MOOAR Marketplace or the Services is referred to as User Content, and this may include the NFT Content. The Company does not claim any ownership rights in any User Content and nothing in these Terms of Use will be deemed to restrict any rights that you may have under any applicable law, statute, rule or regulation, to your User Content.
By submitting, posting or making any User Content available through the MOOAR Marketplace or the Services, you hereby grant to the Company a non-exclusive, transferable, worldwide, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works based upon, distribute, publicly display, and publicly perform your User Content in connection with operating and providing the MOOAR Marketplace and the Services.
You are solely responsible for all your User Content. You represent and warrant that you have, will have, and will continue to have, all rights that are necessary to grant us the license rights in your User Content under these Terms of Use. You represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the MOOAR Marketplace or the Services, nor any use of your User Content by the Company on or through the MOOAR Marketplace or the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law, statute, rule or regulation.
You can remove certain aspects of your User Content by specifically deleting it, however, in certain instances, some of your User Content (such as posts or comments you make, or your NFT Content) may not be completely removed and copies of your User Content may continue to exist on the MOOAR Marketplace, the Services or NFT. To the maximum extent permitted by law, we are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.
The Company will, however, take down works in response to intellectual property infringement claims, including Digital Millennium Copyright Act (“DMCA”) takedown notices. The Company will terminate a user's access to the MOOAR Marketplace or the Service if the user is determined to be a repeat infringer.
If you believe that your content has been copied in a way that constitutes copyright or trademark infringement, or violates your publicity or other intellectual property rights, you may submit written notice to our designated copyright agent at:
Infinite Movement Lab Limited Mandar House, 3rd Floor Johnson’s Ghut Tortola British Virgin Islands, VG1110 Attn: Legal
Email: [email protected]
In order to investigate any infringement claim, you must be the rightsholder or be authorized to act on behalf of the rightsholder. Your notice must include:
Identification of the copyrighted work(s), trademark, publicity rights, or other intellectual property rights that you claim is being infringed;
Identification of the allegedly infringing material that is requested to be removed, including a description of the specific location (i.e., urls) on the Service of the material claimed to be infringing, so that we may locate the material;
Your contact information – at a minimum, your full legal name (not pseudonym) and email address;
A declaration that contains all of the following:
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the intellectual property rights owner, its agent, or the law;
A statement that the information in the notice is accurate; and
A statement under penalty of perjury that you are authorized to act on behalf of the intellectual property owner of the intellectual property that is allegedly being infringed.
Your physical or electronic signature (of your full legal name).
Please note that in circumstances where you submit a claim for infringement, we will forward your notice of intellectual property infringement and your contact information to the infringing party. The infringing party will be notified of their content removal on the MOOAR Marketplace and may also contact you directly to resolve any dispute.
6. User representations and warranties
As a condition to becoming a user of the MOOAR Marketplace and the Services, you represent and warrant that:
You are not a current resident of the United States of America, China (Mainland), Cuba, Crimea and Sevastopol, Iran, Afghanistan, Syria, North Korea, Antigua and Barbuda, Hong Kong, Thailand, Malaysia, India or Canada (Ontario);
You are not the subject of economic or trade sanctions administered or enforced by any governmental authority or otherwise designated on any list of prohibited or restricted parties (including but not limited to the list maintained by the Office of Foreign Assets Control of the U.S. Department of the Treasury), or a citizen, resident, or organized in a jurisdiction or territory that is the subject of comprehensive country-wide, territory-wide, or regional economic sanctions by any jurisdiction or country;
Your access to and use of the MOOAR Marketplace and Services is lawful in your country of residence in the manner in which you access and use them;
You will fully comply with all applicable laws and regulations, and that you will not access or use the MOOAR Marketplace to conduct, promote, or otherwise facilitate any illegal activity or any activity contrary to these Terms of Use;
Any advertising or promotion of the NFTs by you or on your behalf will not constitute false, misleading or deceptive conduct, unconscionable conduct, or unfair advertising or disparagement under any applicable laws and will not make any representations as to any increase in the value of the NFTs;
You will not use the proceeds retained from sales of the NFT, whether through the MOOAR Marketplace, the Services or any other platform for capital raising purposes or any purpose that violates any applicable law, statute, rule or regulation; and
As a Creator:
You have the full right, power and authority to grant the rights granted or agreed to be granted as part of the NFT, Purchase Terms or under these Terms of Use, including, but not limited to, fully cleared permissions, consents, rights and licenses to the NFT Content;
The NFT Content, the NFTs, and the listing and sale contemplated by these Terms, complies with all, and do not and will not violate, any applicable law, statute, rule, or regulation, will perform in accordance with the intended specifications and without material error, and will be delivered free and clear of any claims, liens or rights of third parties;
The NFT Content and the Company’s use of the NFT Content in accordance with these Terms of Use does not and will not infringe any intellectual property rights of any third party or any right of privacy or publicity, or contain any defamatory, obscene or unlawful material, or otherwise violate or infringe any other right of any third party; and
You will fulfill your obligations under any terms with a Purchaser of the NFTs, as applicable, notwithstanding whether you are the Seller of the NFTs.
7. Assumption of Risks
You acknowledge that the MOOAR Marketplace and the Services and your use of the MOOAR Marketplace or the Services present certain risks, including, without limitation, the risks identified in this clause. This list of risk factors is non-exhaustive, and other risks, arising either now or in the future, could additionally be relevant and applicable to you in making an informed judgment to accept, or continue to accept, these Terms of Use and/or use, or continue to use the MOOAR Marketplace or the Services.
By accessing and using the MOOAR Marketplace or the Services, you represent that you are financially and technically sophisticated enough to understand the inherent risks associated with using cryptographic and blockchain-based systems, and that you have a working knowledge of the usage and intricacies of NFTs and digital assets such as BTC, ETH, BSC, SOL, USDC, GMT and GST. In particular, you understand that blockchain-based transactions are irreversible. The MOOAR Marketplace or the Services may be wholly or partially suspended or terminated for any or no reason, which may limit your access to your NFTs or digital assets.
You acknowledge and accept the that the markets for NFTs and digital assets are highly volatile due to factors including (but not limited to) adoption, speculation, technology, security, and regulation. You acknowledge and agree that the cost and speed of transacting with cryptographic and blockchain-based systems such as the Networks are variable and may increase dramatically at any time. You further acknowledge and agree the risk that your NFTs and digital assets may lose some or all of their value while they are supplied to the Smart Contract through the MOOAR Marketplace or the Services, you may suffer loss due to the fluctuation of prices of NFTs. You acknowledge that the Company is not responsible for any of these variables or risks, does not own or control the Smart Contract, and cannot be held liable for any resulting losses that you experience while accessing or using the MOOAR Marketplace or the Services. Accordingly, you understand and agree to assume full responsibility for all of the risks of accessing and using the MOOAR Marketplace or the Services to interact with the Smart Contract.
You are aware of the inherent risks with NFTs, digital assets and decentralized finance including the fact that digital assets are not legal tender and are not backed by any government. The regulatory frameworks applicable to blockchain transactions in connection with digital assets are still developing and evolving. It is possible that your transactions or funds are, or may be in the future, subject to various reporting, tax or other liabilities and obligations. Legislative and regulatory changes or actions at the country or international level may materially and adversely affect the use, transfer, exchange, and value of your NFT and digital assets. You are solely responsible for understanding and complying with any and all applicable laws in connection with your acceptance of these Terms of Use and your use of any part of the MOOAR Marketplace or the Services, including but not limited to those related to taxes as well as reporting and disclosure obligations.
8. Prohibitions
You must not misuse this MOOAR Marketplace or the Services. This means that you must not (among other things):
Commit or encourage a criminal offence;
Engage in fraudulent conduct or abuse, misuse or attempt to abuse or misuse the MOOAR Marketplace or the Services including conduct intended to defraud us or any other person or entity. This includes, but is not limited to, providing any false, inaccurate, or misleading information in order to unlawfully obtain the property of another or trading any NFT or digital assets that have been illegally or fraudulently obtained;
Contravene any applicable state, federal or international law or regulation of any jurisdiction including, without limitation, any relevant and applicable anti-money laundering and anti-terrorist financing and sanctions laws, laws concerning the trading of securities or derivatives, any relevant and applicable privacy, secrecy and data protection laws, or any laws related to integrity of trading markets, for example, manipulative tactics commonly known as spoofing and wash trading;
Transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene;
Engage in activity that seeks to interfere with or compromise the integrity, security, or proper functioning of any computer, server, network, personal device, or other information technology system, including (but not limited to) the deployment of viruses and denial of service attacks;
Hack into any aspect of the MOOAR Marketplace or the Services, corrupt data, or cause annoyance to other users or use the MOOAR Marketplace or the Services in any manner that could interfere with, disrupt, negatively affect, redirect or inhibit other users from fully enjoying the MOOAR Marketplace or the Services, or that could damage, disable, overburden, or impair the functioning of MOOAR Marketplace or the Services in any manner;
Infringe upon the rights of any other person's proprietary rights;
Send any unsolicited advertising or promotional material, commonly referred to as “spam”;
Use an emulator or similar third party software to cheat in accumulating benefits or gain an advantage on the MOOAR Marketplace or the Services;
Make false, inaccurate, misleading or deceptive representations;
Submit any content that contravenes any laws;
Infringe on the rights of any person who has a copyright, patent, trademark or any other form of intellectual property right, confidentiality or privacy;
Engage in defamatory or libellous conduct towards any other person;
Threaten or harass any other person;
Publish or engage in obscene material that in the Company’s sole discretion, is in any way inappropriate or unsuitable for the platform;
Publish or participate in publishing any malicious code, script or data that may causes harm, damage or interfere or modify the MOOAR Marketplace or the Services without the express prior written consent from the Company;
Attempt to circumvent or disable any content filtering techniques or security measures on the MOOAR Marketplace, or attempt to access any service or area of the MOOAR Marketplace that you are not authorized to access;
Engage in conduct deemed contrary to the spirit of the MOOAR Marketplace or the Services as determined by the Company in its sole discretion; or
Encourage or induce any third party to engage in any of the activities prohibited under these Terms of Use.
You agree that, except as these Terms of Use expressly provide otherwise, we do not need to notify you in advance or give you any reasons for any action we may take in connection with your misuse of the MOOAR Marketplace or the Services, including suspending or cancelling your access to the MOOAR Marketplace and the Services.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this MOOAR Marketplace or to your downloading of any material posted on it, or on any Linked Sites (as defined in clause 10).
We are not liable for any loss of NFTs or digital assets incurred as a result of the suspension or cancellation of your access to the MOOAR Marketplace and the Services.
9. Third-Party Content
The Company 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. 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 the MOOAR Marketplace will always remain visible and/or available to be bought, sold, or transferred.
10. Linked sites
The MOOAR Marketplace may contain links to other Marketplaces or websites (Linked Sites), which are not operated by the Company. The Company has no control over the Linked Sites, makes no warranties or representations in relation to the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each respective Linked Site.
11. Linking to the MOOAR website
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. The MOOAR website must not be framed on any other site, nor may you create a link to any part of the website other than the home page. We reserve the right to withdraw linking permission without notice. You must not create hyperlinks using any of the Company’s logos.
12. Privacy policy
Our privacy policy, which sets out how we will use your personal information, can be found at https://privacy.mooar.com/. By using the App, you consent to our collection, storage, use and disclosure of your personal information as set out in the privacy policy and warrant that all data provided by you is accurate.
Please note that when you use the MOOAR Marketplace or the Services, you are interacting with the respective Network blockchains, which provides transparency into your transactions. The Company does not control and is not responsible for any information you make public on the Network blockchain by taking actions through the MOOAR Marketplace or the Services.
13. Intellectual property, software and content
The intellectual property rights in all software and content (including images) made available to you on or through the MOOAR Marketplace or the Services remain the property of the Company or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by the Company and its licensors.
You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on the MOOAR Marketplace or through the Services nor may you use any such content in connection with any business or commercial enterprise, unless authorised under these Terms of Use or by us in writing.
14. Disclaimer of representations and warranties
TO THE FULL EXTENT PERMITTED BY LAW, THE COMPANY MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, IMPLIED, EXPRESS OR STATUTORY, AS TO THE MOOAR MARKETPLACE’S OR SERVICES’ ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE.
You acknowledge and agree that your use of the MOOAR Marketplace or the Services is at your own risk. We do not represent or warrant that access to the MOOAR Marketplace or the Services will be continuous, uninterrupted, timely, or secure, the information contained in the MOOAR Marketplace or the Services will be accurate, reliable, complete, or current, or that the MOOAR Marketplace or the Services will be free from errors, defects, viruses, or other harmful elements.
No advice, information, or statement that we make should be treated as creating any warranty concerning the MOOAR Marketplace or the Services. Content and materials available on the MOOAR Marketplace or the Services are for informational purposes only and are not intended to address your particular requirements or needs. We do not endorse, guarantee, or assume responsibility for any advertisements, offers, or statements made by third parties concerning the MOOAR Marketplace or the Services.
We do not guarantee that the MOOAR Marketplace or the Services will be secure or free from bugs or viruses. You are responsible for configuring your information technology programs, digital asset wallet and/or platform in order to access the MOOAR Marketplace or the Services. You should use and deploy your own virus protection and security software. We cannot promise that the use of the MOOAR Marketplace or the Services, or any content taken from the MOOAR Marketplace or the Services, will not infringe the rights of any third party.
The content and materials available on the MOOAR Marketplace or the Services do not constitute any form of advice, referral or recommendation by us, should not be regarded as an offer, solicitation, invitation or recommendation to buy or sell NFTs, digital assets or any other financial services to anyone in any jurisdiction and is not intended to be relied upon by you in making any specific decision to buy or sell a NFT or digital asset. You agree and understand that all trades or exchanges you submit through the MOOAR Marketplace or the Services are considered unsolicited, which means that we do not make any investment recommendations to you in connection with any trades or exchanges. Further, we do not conduct a suitability review of any trades or exchanges you submit. We recommend that you seek independent advice from financial, legal and tax advisors before making any such decision to use the MOOAR Marketplace or the Services particularly in light of the risks associated with NFTs and digital assets.
From time to time, reference may be made to information or data we have collected. These references may be selective or partial. As markets change continuously, previously published information and data may not be current and therefore, should not be relied upon.
15. Disclaimer as to ownership of trade marks, images of personalities and third party copyright
Except where expressly stated to the contrary all persons (including their names and images), third party trade marks and content, services and/or locations featured in the MOOAR Marketplace are in no way associated, linked or affiliated with the Company and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on the MOOAR Marketplace are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to the Company.
16. Disclaimer of liability
Subject to clause 16(d), any non-excludable consumer guarantees and other consumer protection provisions set out in the Australian Consumer Law or equivalent consumer protection law, the material displayed on the MOOAR Marketplace or through the Services is provided without any guarantees, conditions or warranties as to its accuracy.
Subject to clause 16(d), to the fullest extent permitted by law the Company hereby expressly excludes all warranties and other terms which might otherwise be implied by statute, common law or the law of equity and is not liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, non-value or diminution in the value of digital assets, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of the MOOAR Marketplace, the Services or the Linked Sites and any materials posted on those MOOAR Marketplaces or sites, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.
This does not affect the Company's liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
If the Australian Consumer Law or any other legislation provides that there is a guarantee in respect of goods or services supplied, and the Company’s liability for failure to comply with that guarantee may not be excluded but may be limited, clauses 16(a) and 16(b) do not apply to that liability and instead the Company’s liability for such failure is limited to:
in the case of a supply of goods, the Company replacing the goods or supplying equivalent goods or repairing the goods; or
in the case of a supply of services, the Company supplying the services again or paying the cost of having the services supplied again.
17. Indemnity
To the maximum extent permitted by law, you are liable for and must indemnify, defend and hold harmless the Company, its directors, officers, employees, consultants, agents, affiliates, and third party contractors, from any and all liability, loss, damages, costs or third party claims (including, but not limited to, legal fees on an indemnity basis), however caused, in connection with:
Your use of the MOOAR Marketplace or the Services;
Any user content submitted by you or on your behalf;
Any breach of these Terms of Use by you;
Any alleged or actual infringement of a third party’s intellectual property rights or other right in connection with your use of the MOOAR Marketplace or the Services; or
Any unlawful or negligent act of you or anyone acting on your behalf.
Each indemnity contained in these Terms of Use is a continuing obligation notwithstanding any settlement of account or the occurrence of any other thing, and it is not necessary for the Company to incur expense or make payment before enforcing or making a claim under an indemnity.
18. Variation
The Company retains the right in its absolute discretion at any time and without notice to amend, remove or vary the Services or any part of the MOOAR Marketplace.
19. Invalidity
If any part of the Terms of Use is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Use will not be affected and all other clauses remain in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause must be interpreted accordingly. Alternatively, you agree that the clause must be rectified and interpreted in such a way that closely resembles the original meaning of the clause/sub-clause as is permitted by law.
20. Force majeure
The Company will not be in breach of these Terms of Use as a result of, or liable for, any failure or delay in the performance of the Company’s obligations under these Terms of Use to the extent that such failure or delay is wholly or partially caused, directly or indirectly, by any event outside the Company’s reasonable control or any act or omission of you or any third party.
21. Assignment
You must not assign, in whole or in part, or novate your rights and obligations under these Terms of Use without the prior written consent of the Company. The Company may assign its interest under these Terms of Use.
22. Waiver
A right under these Terms of Use may only be waived in writing signed by the party granting the waiver, and is effective only to the extent specifically set out in the waiver.
23. Exclusion of third party rights
Except under clause 17, no person other than the parties to these Terms of Use has any rights under them, nor are they enforceable by any person other than the parties to them.
24. Governing law and jurisdiction
These Terms of Use are governed by the law of British Virgin Islands and you agree to submit to the exclusive jurisdiction of the courts of British Virgin Islands.
25. Complaints
We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.
Last updated