Terms & Conditions
[/et_pb_text][/et_pb_column][/et_pb_row][/et_pb_section][et_pb_section fb_built=”1″ _builder_version=”4.14.4″ _module_preset=”default” global_colors_info=”{}”][et_pb_row _builder_version=”4.14.4″ _module_preset=”default” global_colors_info=”{}”][et_pb_column type=”4_4″ _builder_version=”4.14.4″ _module_preset=”default” global_colors_info=”{}”][et_pb_text _builder_version=”4.14.4″ _module_preset=”default” global_colors_info=”{}”]Cloud Yachts LLC TERMS & CONDITIONS
Cloud Yachts is a collection of Ethereum-based network-based artworks (NFTs). This website serves as a platform for participants to trade digital collectibles. Users are solely responsible for the security and administration of their private Ethereum wallets, as well as for confirming any transactions and contracts made by this website prior to acceptance. Additionally, because the Cloud Yachts smart contract operates on the Ethereum network, no transaction can be undone, reversed, or restored.
This website and its associated services are offered “as is” and “as available” without any express or implied warranties. By using this website, you assume entire responsibility for any and all Cloud Yachts digital collectibles transactions.
Ownership
You Are the Owner of the NFT. When you purchase an NFT, you acquire total ownership of the underlying Cloud Yacht NFT. The NFT’s ownership is totally mediated by the Smart Contract and the Ethereum Network: at no time may we seize, freeze, or otherwise change any Cloud Yacht’s NFT ownership.
Individual Use. Cloud Yachts LLC provides you a worldwide, royalty-free right to use, duplicate, and display the bought Art, as well as any additions you make or use, strictly for the following purposes:
- Exclusively for your personal, non-commercial use.
- As part of a marketplace that allows for the purchase and sale of your Cloud Yacht / NFT, provided that the marketplace cryptographically verifies each Cloud Yacht owner’s right to display the Art for their Cloud Yacht in order to ensure that only the actual owner may display the Art.
- As part of a third-party website or application that allows for the inclusion, involvement, or participation of your Cloud Yacht, provided that the website/application cryptographically verifies each Cloud Yacht owner’s right to display the Art for their Cloud Yacht to ensure that only the actual owner can display the Art, and provided that the Art is no longer visible once the owner of the Cloud Yacht leaves the website/application.
Commercial Utilization. Cloud Yachts LLC offers you an unlimited, worldwide right to use, duplicate, and display the acquired Art in order to create derivative works based on the Art (“Commercial Use”). Commercial Uses include, but are not limited to, the use of the Art to create and sell goods products (T-Shirts, for example) showing reproductions of the Art. To be clear, nothing in this Section will be construed as preventing you from:
- Owning or managing a marketplace that allows for the use and sale of Cloud Yachts in general, provided that the marketplace cryptographically verifies each Cloud Yacht owner’s permission to exhibit the Art for their Cloud Yacht in order to ensure that only the actual owner can display the Art.
- Owning or operating a third-party website or application that enables the inclusion, involvement, or participation of Cloud Yachts in general, provided that the third-party website or application cryptographically verifies each Cloud Yacht owner’s right to display the Art for their Cloud Yacht in order to ensure that only the actual owner can display the Art, and provided that the Art is hidden once the owner of the Purchased Cloud Yacht exits the website/application.
- Revenue generation from any of the above.
Cloud Yachts LLC Intellectual Property. Except for the rights to the Art, nothing in this Agreement grants you any rights to any other Cloud Yachts LLC trademarks or other intellectual property rights, including, without limitation, Cloud Yachts NFT and the related logos. Cloud Yachts LLC explicitly reserves all of these rights.
Fees and Payment
If you choose to acquire a Cloud Yacht via the Site, all financial transactions will be done only over the Ethereum network. We will have no over control over secondary payments or transactions, and we will have no capacity to reverse any of them. We shall not be liable to you or any third party for any claims or damages arising out of any transactions you engage in or any transactions you conduct using the Ethereum network.
Ethereum charges a transaction fee (referred to as a “Gas Fee”) for each transaction that occurs on the Ethereum network. The Gas Fee is used to fund the decentralized Ethereum network’s network of computers. This implies that each transaction will incur a Gas Fee.
Disclaimers
YOU FULLY ACKNOWLEDGE AND AGREE THAT ACCESS TO AND USE OF THE SITE ARE AT YOUR SOLE RISK AND THAT THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO EXPRESS WARRANTIES AND EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES WITH RESPECT TO THE SITE AND ANY PART OF IT (INCLUDING, WITHOUT LIMITATION, THE SITE, ANY SMART CONTRACT, OR ANY EXTERNAL WEBSITES), INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, CORRECTNESS, ACCURACY, OR RELIABILITY.
WITHOUT LIMITING THE ABOVE, WE, OUR SUBSIDIARIES, AFFILIATES, AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES TO YOU THAT:
- YOUR ACCESS TO AND USAGE OF THE SITE WILL CONFORM TO YOUR SPECIFICATIONS.
- YOUR ACCESS TO AND USAGE OF THE SITE SHALL BE CONTINUOUS, TIMELY, SECURE, AND ERROR-FREE.
- THE SITE’S USE DATA WILL BE ACCURATE.
- THE SITE, AS WELL AS ANY MATERIAL, SERVICES, OR FEATURES MADE ACCESSIBLE ON OR VIA THE SITE, ARE VIRUS- AND MALWARE-FREE.
- THAT ANY INFORMATION YOU PROVIDE WHEN USING THE SITE WILL BE SAFE.
DUE TO THE FACT THAT CERTAIN JURISDICTIONS PROHIBIT THE EXCLUSION OF IMPLIED GUARANTEES IN CONSUMER CONTRACTS, SOME OR ALL OF THE FOREGOING EXCLUSIONS MAY NOT APPLY TO YOU.
YOU ACKNOWLEDGE THE INHERENT SECURITY RISKS ASSOCIATED WITH SUBMITTING INFORMATION AND CONDUCTING BUSINESS ONLINE THROUGH THE INTERNET, AND AGREE THAT WE ARE NOT LIABLE OR RESPONSIBLE FOR ANY BREACH OF SECURITY UNLESS IT IS THE RESULT OF OUR DELIBERATE MISCONDUCT.
WE SHALL NOT BE ACCOUNTABLE TO YOU FOR ANY DAMAGES YOU EXPERIENCE AS A RESULT OF YOUR USAGE OF THE ETHEREUM NETWORK, AND WE HAVE NO CONTROL OVER AND MAKE NO PROMISES ABOUT ANY SMART CONTRACTS.
Limitation of Liability
YOU UNDERSTAND AND AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES THAT YOU MAY INCUR, REGARDLESS OF HOW THEY ARE CAUSED OR UNDER WHICH THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF PROFITS (WHETHER INCURRED DIRECTLY OR INDIRECTLY), LOSS OF GOODWILL OR BUSINESS REPUTATION, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR ANY OTHER INTANGIBLE LOSS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU RECOGNIZE AND AGREE THAT WE PROVIDED YOU WITH ACCESS TO THE SITE AND ENTERED INTO THESE TERMS IN RELIANCE ON THE WARRANTY DISCLAIMERS AND LIABILITY RESTRICTIONS SET OUT ABOVE. WITHOUT THESE CONSTRAINTS, WE WOULD BE UNABLE TO OFFER YOU WITH THE SITE.
Risk Assumption
You thus accept and acknowledge the following:
- If you decide to sell your Cloud Yacht NFT, please keep in mind that the prices of NFTs are very volatile, and movements in the prices of other NFTs can have a favorable or negative effect on the price of your Cloud Yacht. NFTs such as Cloud Yacht should not be considered an investment because to their volatility. You bear all risks associated with the transaction.
- Ownership of a Cloud Yacht entitles the owner to just digital artwork. As a result, no material included on this Site (or in any other documents linked to it) is or may be construed as financial advice or an offer to engage into an arrangement for any investment purpose. Additionally, nothing on this Site qualifies or is intended to qualify as a securities offering in any country, nor does it represent an offer or invitation to buy shares, stocks, or other financial instruments. Cloud Yacht LLC has not been registered with or approved by any regulator in any jurisdiction due to the creative nature of the project. It is solely your obligation to ensure that your purchase of the Cloud Yacht and accompanying art complies with applicable local laws and regulations.
- You assume all risks associated with using an Internet-based currency, including, but not limited to, risk associated with hardware, software, and Internet connections, risk associated with the introduction of malicious software, and risk associated with third parties gaining unauthorized access to information stored within your wallet.
- NFTs, cryptocurrencies, and blockchain technology are all very new, with an uncertain regulatory landscape. New restrictions may have a detrimental effect on such technology, lowering the value of your Cloud Yacht. You are aware of and accept any associated risks.
- You are entirely responsible for any negative consequences resulting from interruptions or other difficulties affecting Ethereum or the Ethereum network.
Indemnification
You indemnify and hold harmless Cloud Yacht LLC and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers, and partners against any claim, liability, loss, damage (actual and consequential), suit, judgment, litigation cost, and acceptable attorneys’ fees emanating out of or in any way connected with your violation of these Terms, your misuse of the Site, or your violation of applicable laws, rules, or regulations in connection with your access to or use of the Site.
Changes to the Terms and Conditions
We reserve the right to modify the Terms at any time. Please review these Terms on a regular basis for modifications. Any modifications to the Terms will take effect immediately upon posting, and your continued access to or use of the Site following the Terms’ update will indicate your binding acceptance of the changes. You may not access or use the Site if you do not agree to any updated Terms.
Children
Children are not permitted to use our Site. To use this Site or purchase a Cloud Yacht, you must be at least 18 years old. You are not authorized to access this Site if you are under the age of 18 for any reason. You represent and warrant that you are at least 18 years of age by visiting the Site.
Dispute Resolution; Arbitration
All disputes arising out of or in connection with these Terms, including without limitation your access to or use of the Site or any products sold or distributed through the Site, will be referred to and finally resolved through arbitration in accordance with the American Arbitration Association’s rules. The dispute will be decided by a single arbitrator and will be handled in line with the American Arbitration Association’s applicable rules. Each party is responsible for its own fees and expenses related to the arbitration procedures. The arbitration will take place in Fort Lauderdale, Florida. The arbitrator’s decision is final and binding, and any judgment made on the arbitrator’s decision may be entered in any court of competent jurisdiction. Despite the above, we reserve the right to seek and obtain injunctive relief in any jurisdiction through any court of competent jurisdiction.
WITH REGARD TO ANY DISPUTE ARISES FROM OR IS RELATED TO THESE TERMS, INCLUDING BUT NOT LIMITED TO DISPUTES REGARDING THE SITE OR ANY PRODUCTS SOLD OR DISTRIBUTED VIA THE SITE, OR THE SMART CONTRACTS:
- YOU ARE EXPRESSLY WAIVING YOUR RIGHT TO A JURY TRIAL.
- YOU EXPRESSLY WAIVE YOUR RIGHT TO JOIN A CLASS OF CLAIMANTS IN ANY LAWSUIT, INCLUDING BUT NOT LIMITED TO CLASS ACTION LAWSUITS REGARDING ANY SUCH DISPUTE.
CONTACT US
If you have questions or comments about this Terms and Conditions, please contact us at:
Zach@CloudYachts.io
415-465-4030
Founder
Cloud Yachts
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