Terms and Conditions
- Platform; Services; and Definitions.
The Platform is an Online Service Provider for facilitating communication among Users, Sellers, and Buyers. The word “Platform” used herein also refers to “Services.”
The Platform provides tools for Smart Contract creation, ownership, and management of Smart Contracts and Non-Fungible Token (“NFT”) drops. These services may include, but are not limited to.
- Smart Contract Creation – Using the Platform, its tools, and Services, we enable Sellers to configure custom parameters for their Smart Contract and provide an interface to create Smart Contracts on the blockchain. A (“Smart Contract”) is a self-executing contract with the terms of the agreement between buyer and seller being directly written into lines of code. The Platform enables Sellers to manage their Smart Contract directly through the Platform’s user interface. Sellers own their Smart Contract through their Wallet address connected during the time of creation. Each Smart Contract allows Owner full control and ownership of the NFTs created within the Smart Contract.
- NFT Redeemables. You understand that some NFTs may include a right to redeem for services or a physical item to which the NFT relates and which may carry a QR code or a form of provenance verification. In such instances, once the NFT has been redeemed, the NFT may remain in circulation, but the redemption right will be terminated. RFYN provides the tools for the Seller of Redeemables to Lazy-Mint on or through the Platform (add to website options here) or to Mint the Redeemables.
- NFT Airdrops. If you airdrop NFTs to Wallets or your Wallet receives airdropped NFT(s) created with or through the Platform or its Services, you recognize and accept that airdropping (a form of distribution) NFTs does not establish a connection between RFYN and the sender and/or connected entity, and does not obligate us in any way.
- “Lazy Mint(ing)”. Buyer pays gas fees and Seller uses their own website or our minting page to sell NFTs and related Content on or through the Platform for primary sales. Seller also pays gas for Minting their Smart Contract.
- “Mint(ing)”. The Seller pays gas fees for Minting their Smart Contract and for Minting NFTs and related Content then sells NFTs and related Content on Other Platforms (defined below), including primary sales.
- Creator Collaboration. The owner of a Smart Contract (“Owner”) may have the ability to invite others to Mint onto their Smart Contract (“Collection”) and payments can be made to multiple blockchain Wallets if associated with the Collection.
- “Revenue Split”. Cryptocurrency revenue received by Seller through Seller’s sale of Lazy Minted NFTs and related Content on or through the Platform may be split amongst multiple Wallets (see Section 11 below).
- Facilitation of Digital Content Storage. See Section 13 below.
- “Content”. Content, as defined herein, includes, but is not limited to: audio, video, photographs, and other media or data files; metadata files containing information encoded with a digital version of the work that is being represented by the NFT;
- “Digital Content”. “Content” that is of digital nature. The above services as well as services listed on https://www.RFYN.io are collectively referred to as the (“Services”). We do not support secondary sales on or through the Platform.
- Contracts for Purchase and Sale on the Platform.
3.1. Communication Facilitation. The Platform provides services for facilitating communication between two sets of users: Sellers and Buyers. Sellers may market their sale of NFTs and related Content and Buyers may purchase the NFTs and related Content (used herein to include, amongst other things, tickets, services, proof of attendance (POAP), and physical goods).
3.2. If a contract for license of NFTs exists, it is between a Buyer and a Seller. RFYN is not a party to the transaction but does usually receive a fee as an Online Service Provider. As an online service provider, RFYN provides no guarantee related to how Users use the Platform, for example, the existence, accuracy, quality, safety or legality of the NFTs; the ability, authorization, or legal standing of Sellers to sell NFTs ; the ability of Buyers to pay for NFTs; or that any Seller or Buyer will complete a transaction or return an NFT. NFTs for sale can also include: an association with physical goods (with or without QR codes or tracking identification), or act as a digital key for services. NFTs are implemented on Blockchain Technology and made with the tools provided on or through the Platform.
- User Qualifications.
4.1. Age Requirement. The Platform is offered and available to authorized users who are 18 years of age or older who are acting in compliance with applicable law and who are not in breach of this Agreement or legal obligations to third parties.
4.3. Organization. If you represent an organization, you affirm you have the right, power, and authority to enter into this Agreement on behalf of, and to bind, said organization.
- Cloud Services IP.
5.1. Platform Ownership. You acknowledge and agree that we (or as applicable, our licensors) own all legal rights, title, and interest in and to all Cloud Service IP. You acknowledge that the cloud services IP are protected by copyright, patent, and trademark laws, international conventions, other relevant intellectual property and proprietary rights, and applicable laws. All cloud services IP are the copyrighted property of us and our licensors, and all trademarks, service marks, and trade names associated with the Platform or otherwise contained in the cloud services IP are proprietary to us and our licensors.
- License and Access to Platform.
- NFT Understanding and Licensing
7.2. You understand that it is up to you to confirm your understanding of what you are selling or buying and any license you are giving or receiving, which may be determined and communicated by the Seller at point-of-sale.
7.3. You further understand that blockchain transactions are usually not reversible. You understand that NFTs and other Content may only exist by virtue of the ownership record maintained on a blockchain, and further that smart contracts are conducted and occur on decentralized ledgers. RFYN has no control over and makes no guarantees or promises with respect to such smart contracts, the functioning of such blockchain, or the persistence or compatibility, or lack thereof, of the NFT or related Content. In cases where a transaction involving NFTs is revealed to be fraudulent, illegal, or an infringement, or a Buyer or Seller acts fraudulently or illegally or in an infringing manner, then the defrauded or injured Buyer/Seller shall have no recourse against RFYN, but solely against the respective Seller/Buyer.
- Electronic Communication.
8.1. When you use our Platform or send emails, text messages, or other communication from your desktop or mobile device to us, you consent to receive communications from us electronically, such as emails, texts, mobile push notifications or notices and messages on this site, and you can retain copies of these messages for your records. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communication be in writing.
8.2. Obligation. To ensure that you receive all of your communications, you agree to keep your email address current and notify us if there are any changes. You agree that any notices, agreements, disclosures, or other communications delivered to your email address on record are considered valid.
- Payment; Fees; Other Charges.
10.1. Not a Payment Processor. RFYN does not process any payments for Platform usage, on behalf of parties to the purchase or sale of NFTs, or on behalf of any Wallet owner receiving payment from the sale of an NFT.
10.2. Payment Methods; Refunds; Discounts. You agree to comply with all applicable laws, regulations, rules, and terms and conditions in connection with your payment methods. Additionally, we reserve the right to offer refunds, discounts, credits, promotional terms, or other considerations in selected circumstances at its sole discretion. Please note that each circumstance is unique and the election to make such an offer in one instance does not create the obligation to do so in another. In any case, you can submit a refund request by emailing us at hello@RFYN.io by providing the reason for such a request.
10.3. Platform Usage Fees – Subscription. You may be required to purchase a subscription to use certain Services the Platform provides. The current offerings of Services through Subscription and prices are listed on our Website or will be presented to you at the time you sign up for an Account. Fees for use of the Platform and Services included in a subscription may be changed at any time in our sole discretion. You may purchase a term-based subscription for the advertised price, to be paid in full at the commencement of the term. Subscription payments are completed through a third-party payment provider. Subscriptions will automatically renew immediately prior to the end of the applicable term, unless and until you cancel the Subscription. You can cancel your subscription at any time by logging in to your RFYN Account and going to your profile and then to manage subscription. You will be taken to Circle to edit or cancel your subscription. Subscriptions are non-transferable and a cancellation of an active subscription(s) will become effective after the end of the then-current billing period unless there is a change in Circle’s Agreements. You agree that all sales of subscriptions are final.
10.5. Gas Fees. Additionally, some Services on the Platform involve Gas Charges. You acknowledge and agree that the Company has no control over: (a) any distributed- ledger technology transactions; (b) the method of payment of any Gas Charges; or (c) any actual payments of Gas Charges. Accordingly, you are solely responsible for the payment of any Gas Charges required to complete any transaction on the distributed ledger-based Platform and you must ensure you have sufficient funds and means available before initiating such transactions. If you do not agree with the fees charged for Platform functionality, do not use or access the Platform. Failure to pay any fees or charges incurred may result in the immediate termination of your access to the Platform, without limitation of any other rights or remedies available at law or in equity.
- Payments Related to the Sale and Purchase of NFTs.
11.1. Purchase of NFTs.
- Seller-determined prices for NFTs may be displayed on or through the Platform via Seller’s Website when Lazy Minting is utilized.
- The contract for the purchase of NFTs is between Buyer and Seller.
- BUYER BEARS FULL RESPONSIBILITY FOR VERIFYING THE IDENTITY, LEGITIMACY, INTEGRITY, IP OWNERSHIP, AND AUTHENTICITY OF NFTS BUYER PURCHASES ON OR THROUGH THE PLATFORM.
11.2. Sale of NFTs. Sellers are responsible for all costs related to or arising out of Transactions such as minting costs, if applicable, returns of NFTs sold, taxes, fees, penalties, and fraud. Sellers shall reimburse us for any and all such costs (including penalties).
11.3. Payment Methods and Method of Receiving Payment. You agree to comply with all applicable laws, regulations, rules and terms and conditions in connection with your payment methods and your method of receiving payment. RFYN does not process, facilitate, provide brokerage or exchange services, or store any payments, cryptocurrency or otherwise, on behalf of parties for the purchase or sale of NFTs, or on behalf of any Wallet owner receiving payment from the sale of an NFT.
11.4. Decentralized Escrow. We utilize base escrow Smart Contracts which use coded royalty logic to transfer cryptocurrency payments and hold funds designated for payee(s) until the funds are withdrawn. Buyer’s cryptocurrency payments are transferred from their Wallet to the escrow smart contract via the royalty logic coded in the Smart Contract. The cryptocurrency is then stored in escrow until withdrawn. Buyer, Seller both consent to payments being transferred and stored via escrow Smart Contracts.
11.5. Royalties with Lazy Minting. Sellers utilizing Lazy Minting to sell their NFTs on or through the Platform collect primary sale royalties from the sale of their NFTs. When funds are withdrawn from the Smart Contract, the Seller’s Wallet will receive 95% of the revenue in the Smart Contract, subject to any other agreement the Seller has to split royalties and any prior removal of revenue, and RFYN’s Wallet will receive the other 5% of those funds.You acknowledge and agree that RFYN is not a party to the transaction but is a designated payee whose Wallet will collect a 5% fee on primary sales from the escrow Smart Contract when you Lazy-Mint your NFTs through our Platform. You agree that we are not required to pay you or other Users out of this 5% fee.
11.6. Royalties through Other Platforms. We do not currently support secondary sales or the payment of secondary Royalties. However, you are able to input the amount of secondary sale royalties you would like to receive into your Smart Contract created with or through the Platform. Since you own this Smart Contract, you may take it to another platform, marketplace, or site (“Other Platforms”) that support secondary sales of NFTs. If the Other Platforms do not recognize the secondary sale royalties in your Smart Contract, you may have to set them on the Other Platform itself. Other Platforms have no affiliation with RFYN. Rather the affiliation is between you and the Other Platform(s).
- Blockchain Wallets.
12.1. Wallet Information. Wallets allow you to store, track, transfer, and manage your digital assets. Services and supported assets may vary by jurisdiction. Third party (“Non-custodial”) Wallets (i.e. MetaMask) are used for the purchase or sale of NFTs with and through the Platform. Additional rules associated with non-custodial Wallets and outside product(s) and service(s) may apply and are outside our control. You are the owner of the Non-Custodial Wallet. We assist you in connecting a Wallet for your convenience and do NOT have access to private keys or seed phrases of non-custodial Wallets.
12.2. Wallet Security and Waiver. It is your sole responsibility to maintain the security of your Wallet. If you lose access to your Wallet, a private key, password, or other method of securing your Wallet, any funds or NFTs contained therein, may be irretrievable and we will be unable to assist you in any way. You hereby accept responsibility for any activity transacted on the Platform through or using your Wallet or its associated data. You irrevocably waive, release and discharge all claims, whether known or unknown to you, against us, our affiliates, and respective shareholders, members, directors, officers, employees, agents and representatives related to your use of any Wallet technology or software used for interactions with or through the Platform, associated loss of funds or NFTs, transaction failures, or any other defects that arise in the course of your use of your Wallet.
13.1. Storage of NFT. The Platform does not store, send, or receive NFTs. This is because NFTs exist by virtue of the ownership record maintained on the Platform’s supporting blockchain(s). Any transfer of NFTs occurs within the supporting blockchain network and not on the Platform.
13.2. Storage of Digital Content. Metadata may be imported onto or through the Platform, or the Platform, its tools, or Services may be used to create your metadata. If metadata is imported, the User is responsible for obtaining a centralized or decentralized storage Uniform Resource Locator (“URL”) to be included in their Smart Contract. If the Platform or its tools are used to create metadata, NFTs are stored on IPFS at User direction. By using the Platform, its tools, or Services to create your metadata, you agree that, in doing so, you are asking us, and authorize us to facilitate the storage of your Digital Content for you on the InterPlanetary File System (“IPFS”) or similar decentralized storage. This may include uploading your Digital Content to an IPFS pinning service so there is a link to your Digital Content in your Smart Contract..
- Beta. RFYN may make available a “beta” version of the Services or a portion of the Platform (“Beta Services”) for evaluation and feedback. Beta Services are Services that are in an early development stage and not available as standard product offerings. You are not obligated to use Beta Services, but if you elect to do so, you agree to the following additional terms: (a) Beta Services may contain bugs, errors, and other problems and is provided to you “AS IS”; (b) RFYN makes no warranties and bear no liability with respect to the Beta Services; and (c) you agree to respond to of our questions and inquiries regarding your use of the Beta Services. You agree that we have not made any promises or guarantees that Beta Services will be announced or made available in the future and that we have no obligation to announce or introduce the Beta Services. If you provide feedback regarding the Beta Services, you agree that we may use and incorporate into the Platform and Services any suggestions, ideas, recommendations, bug reports, or other feedback that you provide to us without compensation. We may suspend or terminate access to Beta Services (and delete any Content or data provided to us with respect to such Beta Service(s)) with five (5) days notice and without compensation.
- Prohibited Uses.
- to sell NFTs that in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
- for the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;
- to attempt to circumvent any Platform security or access controls or to interfere with the operation of the Platform;
- to impersonate or attempt to impersonate or misrepresent your affiliation with, the Company, a Company employee, another User or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing);
- to transmit or exchange goods, services, payments, or NFTs that are the direct or indirect proceeds of any illegal, criminal or fraudulent behavior;
- in combination with any robot, spider or other automatic device, process or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform;
- in combination with any manual process to monitor or copy any material on the Platform or for any other unauthorized purpose without our prior written consent;
- in combination with any device, software or routine that interferes with the proper working of the Platform;
- to introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;
- to infringe the patent, trademark, copyright, moral, database, publicity and/or other intellectual property rights of third parties or that belong to or are licensed to Company;
- to obtain information about another User and use such information for any purpose other than the intended uses of the Platform, unless given consent by said User; or to otherwise attempt to interfere with the proper working of the Platform;
- to upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, deceptive, abusive, harassing, tortious, defamatory, obscene, libelous, invasive of another’s privacy, violates gambling, consumer protection, or securities laws anywhere in the world, hateful, or racially, ethnically or otherwise objectionable;
- to violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, but not limited to, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
- to provide material support or resources (or conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
- “stalk” or otherwise harass another person or User; or
- collect or store personal data about Users without their consent (including, but not limited to, through the use of scripts, bots, or web crawlers).
- Content Standards.
These “Content Standards”apply to all Content and use of the Platform and related Services. Content must, in its entirety, comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, Content must not:
- contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable;
- promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
- infringe any patent, trademark, trade secret, copyright, or other rights of any other person;
- promote any illegal activity, or advocate, promote, or assist any unlawful act;
- cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person; or
- Be likely to deceive any person or impersonate any person or misrepresent your identity or affiliation with any person or organization.
- Sales Standards.
When selling an NFT or related Content on or through the Platform, you agree to comply with our Sales Standards, set forth below:
- You assume full legal and financial responsibility for the NFT and related Content offered and the accuracy, legal compliance, and Content included with the sale, and for the terms of sale, license and offer language.
- You represent covenant, and warrant that you own or lawfully possess all the intellectual property, use of the name, likeness, copyright, moral rights, trademark, and other rights in the NFT and related Content for sale such that you are in full legal compliance worldwide and not infringing on third party rights of any kind.
- You represent covenant, and warrant that the offer or sale of your NFT and related Content does not constitute a violation of applicable laws, such as a security, an illegal lottery, or a deceptive, unfair, or illegal business practice.
- We may assist with data revision to supplement, remove, or correct information when requested by User.
- You agree not to market, sell, offer for sale, or otherwise engage in transactions related to child pornography.
- You will not sell any NFT and related Content if the sale is prohibited by law or regulation or poses a health or safety hazard as specified by any governmental agency applicable to you. We have no responsibility or liability for the legitimacy, validity, existence, of any Content sold on or through the Platform.
- Purchase Standards.
When purchasing an item for sale on or through RFYN’s platform, you agree to comply RFYN’s purchase standards for Buyers, set forth below:
- You are responsible for reading the full item listing before committing to buy and you are fully responsible for legal compliance and paying any applicable taxes.
- We do not transfer legal ownership or license of NFTs and related Content from the Seller to you. Legal transfer of license is affected by the Seller.
- You are authorized and in compliance with applicable laws and all agreements to use the cryptocurrency and Wallet used.
- California Commercial Code § 2401(2) and Uniform Commercial Code § 2-401(2) as applicable apply to the transfer of ownership between the Buyer and the Seller, unless the Buyer and the Seller agree otherwise.
- Monitoring; Enforcement; Termination.
We have the right to:
- disclose your information to any third-party claiming that your Content violates their rights, such as intellectual property rights or right to privacy;
- take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Platform; and/or
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone using or posting any materials on or through the Platform. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTIONS TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
We do not undertake to review all NFTs and related Content.
We assume no liability for any action or inaction regarding transmissions, communications, or Content provided by any User or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
If a Buyer or Seller issue arises, we may consider a variety of factors, including specific circumstances regarding the issue, or a User’s performance history, in applying our policies.The foregoing does not limit our right to refuse, modify, or terminate Accounts or Subscriptions, or remove NFTs and related Content from the Platform. We are not responsible for removing NFTs and related Content from Other Platforms.
- Intellectual Property Rights.
- Reliance on Information Posted.
21.1 The information presented on or through the Platform is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. We do not warrant that product descriptions or other content on the Platform are accurate, authentic, complete, reliable, current or error-free. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other User of the Platform, or by anyone who may be informed of any of its contents.
21.2 The Platform may include, or link to, content provided by third -parties, including materials provided by other Users, third-party licensors, syndicators, or aggregators. All statements and/or opinions expressed in such materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
- Changes to the Platform.
We may update the content on the Platform from time to time, but its content is not necessarily complete or up-to-date. We reserve the right to withdraw, take down, or amend the Platform, and any Service or functionality, we provide on the Platform, in our sole discretion without notice. In the event of a change in the operation of the Platform, you agree we may temporarily or permanently suspend our operations without liability to you.
- Account Obligations.
23.1 You hereby accept responsibility for any activity transacted on the Platform through or using your Wallet or its associated data. By using the Platform, you agree to be fully, independently, and personally liable for each transaction made on or through the Platform by you or through your account. You hereby accept responsibility for any activity transacted on the Platform through your account.
23.2 When using or accessing the Platform, the features of the Platform may permit you to store data, preferences set by you, Content, or other information for your convenience, but the Company is under no obligation to retain any such data, preferences, Content, or other information. Users are solely responsible for retaining and storing any Content associated with a Purchased Asset in a manner that is compliant with these Terms Use, any applicable license agreement(s), and applicable law.
23.3 Account Registration. In order to participate in certain Services and secure any additional applicable benefits, the Platform may require you to create an account (“Account”). You agree to only create one (1) Account. You agree to provide, maintain, and update true, accurate, current and complete information about yourself.
23.4 Cancellation. You may cancel your account by requesting so via email at support@RFYN.io.
- Linking to the Platform.
24.1 You may link to the Platform 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 without our express written consent. The Platform may provide certain features that enable you to: link from your own or certain third-party websites or platforms (“Other Platforms”) to certain content on the Platform; or cause limited portions of content on the Platform to be displayed or appear to be displayed on your own marketplace or website or Other Platforms. You may use these features solely as they are provided by us and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we may provide with respect to such features. Subject to the foregoing, you must not:
- establish a link from any Other Platform or website that is not owned by you;
- Additional Terms and Conditions.
- Disclaimer of Warranties.
26.1 WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, HACKS, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE PLATFORM OR ANY SERVICES OR NFTS OBTAINED THROUGH THE PLATFORM, ANY THIRD-PARTY LINKS ACCESSED THROUGH OR IN CONJUNCTION WITH THE PLATFORM, OR ON ANY OTHER PLATFORM LINKED TO IT.
26.2 YOUR USE OF THE PLATFORM, ITS CONTENT, AND ANY SERVICES, OR NFTS AND RELATED CONTENT OBTAINED THROUGH THE PLATFORM IS AT YOUR OWN RISK. THE PLATFORM, ITS CONTENT AND ANY SERVICES OR NFTS AND RELATED CONTENT OBTAINED THROUGH THE PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. RFYN HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
26.3 NFTS ARE INTANGIBLE ASSETS. THEY EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED IN THE BLOCKCHAIN TECHNOLOGY. ANY TRANSFER OF TITLE THAT MIGHT OCCUR IN ANY UNIQUE NFT OCCURS ON THE DECENTRALIZED LEDGER WITHIN THE BLOCKCHAIN TECHNOLOGY. WE DO NOT GUARANTEE THAT THE COMPANY OR ANY COMPANY PARTY CAN EFFECT THE TRANSFER OF TITLE OR RIGHT IN ANY NFTS OR COMPATIBILITY WITH ANY WALLETS OR BLOCKCHAINS
26.4. THE COMPANY IS NOT RESPONSIBLE FOR SUSTAINED CASUALTIES DUE TO VULNERABILITY OR ANY KIND OF FAILURE, ABNORMAL BEHAVIOR OF SOFTWARE (E.G., WALLET, SMART CONTRACT), BLOCKCHAINS OR ANY OTHER FEATURES OF THE NFTS. THE COMPANY IS NOT RESPONSIBLE FOR CASUALTIES DUE TO LATE REPORT BY DEVELOPERS OR REPRESENTATIVES (OR NO REPORT AT ALL) OF ANY ISSUES WITH THE BLOCKCHAIN SUPPORTING NFTS INCLUDING FORKS, TECHNICAL NODE ISSUES OR ANY OTHER ISSUES HAVING FUND LOSSES AS A RESULT
- Limitations on Liability.
28.2 If you have a dispute with one or more Users, you release the Company (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) 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. By entering into this release, you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release. You expressly waive the provisions of California Civil Code Section 1542, which provides:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
- Notices for Claims of Copyright Infringement: Digital Millennium Copyright Act.
RFYN respects the intellectual property rights of others and expects you and users of our Platform to do the same. To that end, in accordance with the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512, RFYN has implemented procedures for reporting instances of copyright infringement.
If you are a copyright holder, or its authorized representative, and believe in good faith that Content residing or accessible on or through our Platform infringes your copyrighted work, you may submit a notice of copyright infringement, A DMCA notice.
RFYN will respond to notices of alleged copyright infringement under the United States Digital Millennium Copyright Act (“DMCA”). We will not actively prevent copyright owners from gathering the necessary information for such notices. For RFYN to respond, the complaint must provide, in writing, all the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- A description of the copyrighted work that you claim has been infringed;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
- For example, a URL, name of item, blockchain address, transaction has, block number,
- Your address, telephone number and e-mail address;
- A written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
- A statement by you, made UNDER PENALTY OF PERJURY, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Alternatively, you may send a written notice of copyright infringement to our designated agent, whose contact information is listed below:
By Email: hello@RFYN.io
By Mail to:
11956 Bernardo Plaza Drive, #537 San Diego
Please be aware that, pursuant to 17 U.S.C. § 512(f), you may be liable for any damages—including costs and attorneys’ fees incurred by us or our Users—if you knowingly materially misrepresent that Content or activity is infringing. You may therefore wish to seek the advice of legal counsel before submitting a notice of copyright infringement.
It is our policy, and at our discretion, to terminate accounts when they are found to infringe or repeatedly infringe on the copyrights of third parties.
Please note that we may forward the notice of copyright infringement (or information contained therein), as well as the Complainant’s contact information, to whomever uploaded or added the allegedly infringing Content onto our Platform. Additionally, if we remove or disable access to the Content pursuant to a valid DMCA notice, we will notify whomever uploaded or added the allegedly infringing Content that the Content has been removed or disabled via the email on file.
- Export Outside of the United States.
Company expressly disclaims any representation or warranty that the Service complies with all applicable laws and regulations outside of the United States. If you use the Service outside of the United States, you expressly understand and agree that you are responsible for determining compliance with different laws, regulations, or customs that may apply in connection with your use of the Service. No software for the Platform may be downloaded or otherwise exported or re-exported in violation of any applicable laws or regulations. You represent that you are not (1) located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country, or (2) listed on any U.S. government list of prohibited or restricted parties.
- Governing Law.
- Data Preservation and Cooperation.
You shall maintain records related to the Platform and shall provide such information to and cooperate with the Company upon request as reasonably necessary for, including, but not limited to, due diligence, investigation into Platform conduct, litigation, governmental compliance, and financial reporting.
You may not assign your rights or obligations, including, but not limited to Buyer or Seller accounts, without our express written permission
- Dispute Resolution, Arbitration, and Class Action Waiver.
(a) ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) BETWEEN YOU AND US OR ANY OF OUR AFFILIATED ENTITIES OR OURS OR THEIR AGENTS, EMPLOYEES, PRINCIPALS, SUCCESSORS, OR ASSIGNS ARISING FROM OR RELATING TO THESE TERMS, ITS INTERPRETATION, OR THE BREACH, TERMINATION OR VALIDITY HEREOF, OR THE RELATIONSHIPS WHICH RESULT FROM THESE TERMS (INCLUDING, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, RELATIONSHIPS WITH THIRD PARTIES WHO ARE NOT SIGNATORIES TO THIS AGREEMENT), SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY JAMS before a retired judge in San Diego County, California under the applicable JAMS arbitration rules and will be administered by the before a single retired judge. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitration is subject to the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA), as amended. Any award of the arbitrator shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. The arbitration proceeding will be limited solely to the dispute or controversy between you and us. YOU ACKNOWLEDGE THAT YOU ARE GIVING UP YOUR RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY WITH RESPECT TO ANY SUCH CLAIM. Nothing in this Section shall be deemed to prohibit us from seeking an injunction or other equitable relief in any court of competent jurisdiction to protect or preserve ours or our licensors’ rights in and to intellectual property or confidential information.
(b) IN ANY DISPUTE, NEITHER YOU NOR ANY OTHER PERSON SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER AFFILIATES OR PERSONS, OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR CLASS ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. YOU ACKNOWLEDGE THAT YOU ARE GIVING UP YOUR RIGHTS TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO ANY SUCH CLAIM(S).
- Unsolicited ideas. We are pleased to hear from our loyal customers and fans, and we welcome comments regarding our products and services. Unfortunately, however, neither RFYN nor anyone affiliated with us can accept or consider unsolicited ideas, including, without limitation, ideas for new advertising campaigns, new promotions, new or improved products or technologies, product enhancements, processes, materials, marketing plans, or new product names. Please do not submit any unsolicited ideas in any form to us.
The sole purpose of this notice is to avoid potential misunderstandings or disputes when our products, Services, or marketing strategies might seem similar to unsolicited ideas submitted to us. If, despite our notice, you send us unsolicited creative suggestions, ideas, notes, drawings, concepts, or other information, you agree that the following terms shall apply to your submissions:
(a) your submissions and their content will automatically become the property of RFYN without any compensation to you;
(b) We may use or redistribute the submissions and their contents for any purpose and in any way; (c) there is no obligation for us to review the submission; and (4) there is no obligation to keep any submissions confidential.
- General Information.
36.3 Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Platform or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
36.7 Same Meaning. The terms used in this Agreement have the same meanings as in our Privacy Notice, which is accessible at https://RFYN.io/privacy/, unless otherwise defined in this Agreement.
36.8 Feedback. We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Platform (the “Feedback”). You may submit Feedback by emailing us at hello@RFYN.io or through any other means provided on the Platform/Service. You acknowledge and agree that all Feedback will be the sole and exclusive property of RFYN and you hereby irrevocably assign to RFYN and agree to irrevocably assign to RFYN all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent rights, copyright rights, trade secret rights, and other proprietary or intellectual property rights therein. At RFYN’s request and expense, you will execute documents and take such further acts as RFYN may reasonably request to assist RFYN to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback. The preceding does not apply for any Feedback which contains Personal Data. For any such Feedback, RFYN will treat the personal data in accordance with our Privacy Notice.
- California Residents. If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.