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These NFT Platform User Terms of Service (these “Terms”) govern your access to and use of certain products, services and properties made available by KLEARCOAT LABS (“KLEARCOAT,” “we,” “us” or “our”). (As used herein, the term “you” (including any variant) refers to each individual who enters into these Terms on such individual’s own behalf or any entity on behalf of which an individual enters into these Terms.) Our products, services and properties include, without limitation, the creation, purchase, sale, exchange, or modification of certain digital assets; our online and/or mobile services, and software provided on or in connection with those services (collectively, the “Service”). Certain features of the Service may be subject to additional guidelines, terms, or rules (“Supplemental Terms”), which will be displayed in connection with such features. All such Supplemental Terms are incorporated by reference into these Terms. If these Terms are inconsistent with any Supplemental Terms, the Supplemental Terms shall control solely with respect to such services.
KLEARCOAT OFFERS A PLATFORM FOR CREATORS, BUYERS, AND SELLERS OF DIGITAL ASSETS AND ANY PRODUCTS, SERVICES AND/OR BENEFITS, WHETHER DIGITAL OR OTHERWISE, TO BE FURNISHED BY OR ON BEHALF OF SELLERS IN CONNECTION WITH SUCH SALES. WE ARE NOT A BROKER, FINANCIAL INSTITUTION, OR CREDITOR. THE SERVICE IS AN ADMINISTRATIVE PLATFORM ONLY. KLEARCOAT FACILITATES TRANSACTIONS BETWEEN THE BUYER AND SELLER BUT IS NOT A PARTY TO ANY AGREEMENT BETWEEN THE BUYER AND SELLER OR OTHERWISE BETWEEN ANY USERS OF THE SERVICE.YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT, IF YOU USE THE SERVICE TO MAKE A PURCHASE,THE SELLER SHALL BE AN INTENDED THIRD-PARTY BENEFICIARY OF THESE TERMS WITH RESPECT TO THE ITEM(S) SOLD AND SELLER’S RIGHTS WITH RESPECT THERE TO. KLEARCOAT SHALL USE COMMERCIALLY REASONABLE EFFORTS TO PROCURE THAT BUYERS SHALL BE AN INTENDED THIRD-PARTY BENEFICIARY OF KLEARCOAT’S AGREEMENT(S) WITH SELLERS OF ITEMS FOR THE PURPOSE OF ENFORCING BUYER'S RIGHTS WITH RESPECT THERETO. YOU AGREE THAT KLEARCOAT SHALL NOT BE A PARTY TO OR HAVE ANY RESPONSIBILITY OR LIABILITY FOR, ARISING OUT OF, RELATING TO, ASSOCIATED WITH OR RESULTING FROM ANY DISPUTES BETWEEN YOU AND ANY SELLER OF AN ITEM IN RESPECT OF THE USE,MISUSE, PROVISION OR FAILURE TO PROVIDE ANY ITEM.
YOU BEAR FULL RESPONSIBILITY FOR VERIFYING THE IDENTITY, LEGITIMACY, AND AUTHENTICITY OF ITEMS YOU PURCHASE THROUGH THE SERVICES. NOT WITHSTANDING INDICATORS AND MESSAGES THAT SUGGEST VERIFICATION, KLEARCOAT MAKES NO CLAIMS ABOUT THE IDENTITY, LEGITIMACY, OR AUTHENTICITY OF ITEMS OFFERED FOR SALE ON OR THROUGH THE PLATFORM.
PLEASE READ SECTION 20 OF THESE TERMS CAREFULLY, AS IT CONTAINS AN ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT:
(1) YOUWILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS,NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING;AND
(2) YOU ARE AGREEING TO MANDATORY INDIVIDUAL ARBITRATION FOR THE RESOLUTION OF DISPUTES AND WAIVING YOUR RIGHT TO A JURY TRIAL ON YOUR CLAIMS.
PLEASE BE AWARE THAT SECTION 3(d) OF THESE TERMS, BELOW, CONTAINS YOUR OPT-IN CONSENT TO RECEIVE COMMUNICATIONS FROM US, INCLUDING EMAIL COMMUNICATION.
THESE TERMS OF USE ARE IMPORTANT AND AFFECT YOUR LEGAL RIGHTS, SO PLEASE READ THEM CAREFULLY. BY CLICKING ON ANY “I ACCEPT” BUTTON, COMPLETING THE ACCOUNT REGISTRATION PROCESS, MINTING OR OFFERING ITEMS FOR SALE THROUGH THE SERVICE, PURCHASING ITEMS THROUGH THE SERVICE, AND/OR OTHERWISE USING THE SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL OF THE TERMS INCORPORATED HEREIN BY REFERENCE. If you do not agree to these Terms, you may not access or use the Service or Mint or purchase any Items.
Please refer to our Privacy Policy for information about how we collect, use and share personal information about you. By submitting data through the Service, you expressly consent to the collection, use and disclosure of your personal data in accordance with the Privacy Policy.
KLEARCOAT reserves the right to change or modify these Terms at any time and in our sole discretion. If we make changes to these Terms, we will provide notice of such changes, such as by sending an email notification, providing notice through the Service or updating the “Last Updated” date at the beginning of these Terms. By continuing to access or use the Service at any point after such update, you confirm your acceptance of the revised Terms and all of the terms incorporated therein by reference. We encourage you to review these Terms frequently to ensure that you understand the terms and conditions that apply when you access or use the Service. If you do not agree to the revised Terms, you may not access or use the Service.
The Service is an online platform on which an individual can Mint (as defined below), purchase or offer to purchase, and sell or offer for sale unique non-fungible tokens (“NFTs”) and any non-digital products, services and/or benefits to be furnished by or on behalf of sellers in connection with the sale of such NFTs (“Off-Chain Benefits,” collectively with the NFTs, “Items”), implemented on the one or more blockchain platform networks then-utilized by KLEARCOAT (the each, a “Blockchain Platform”) using smart contracts. You may only participate in the Minting, purchase or sale of any Item by registering for an Account, as described below.
Account Registration; Consent to Electronic Communication
In order to use certain features of the Service you will need to register for an account on the Service(“Account”). You must be eighteen (18) years old to register for an Account. By creating an Account, you agree to (i) provide accurate, current, and complete Account information about yourself, (ii) maintain and promptly update from time to time as necessary your Account information, (iii) maintain the security of your password and accept all risks of unauthorized access to your Account and the information you provide to us, and (iv) immediately notify us if you discover or otherwise suspect any security breaches related to the Service or your Account. You may not have more than one Account, and KLEARCOAT reserves the right to block multiple accounts of the same user.
You agree that you will not:
Buy, sell, rent, or lease access to your Account or username without our written permission.
Register or attempt to register for a new Account without our written permission after your Account has been disabled or deleted by us.
Share your Account password with anyone.
Log in or try to log in to access the Service through unauthorized third party applications or clients.
KLEARCOAT may require you to provide additional information and documents at the request of any competent authority or in order to help KLEARCOAT comply with applicable law, regulation, or policy, including laws related to anti-laundering (legalization) of incomes obtained by criminal means, or for counteracting financing of terrorism. KLEARCOAT may also require you to provide additional information and documents in cases where it has reasons to believe that:
Your Account is being used for money laundering or for any other illegal activity.
You have concealed or reported false identification information and other details.
Transactions effected via your Account were effected in breach of these Terms.
In such cases, KLEARCOAT, in its sole discretion, may pause or cancel your transactions until such requested additional information and documents have been reviewed by KLEARCOAT and accepted as satisfying the requirements of applicable law, regulation, or policy. If you do not provide complete and accurate information and documents in response to such a request, KLEARCOAT may refuse to provide any Item, Content, product, service, and/or further access to the Service to you.
By creating an Account, you consent to receive electronic communications from KLEARCOAT (e.g., via email or by posting notices to the Service). These communications may include notices about your Account (e.g., password changes and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, any requirements that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. We have no obligation to store for your later use or access any such electronic communications that we make to you. We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein.
When you register for an Account, you hereby represent and warrant, to and for the benefit of KLEARCOAT and its affiliates, as follows:
Authority. You have all requisite capacity, power and authority to enter into and perform your obligations under these Terms, including to Mint, list, buy, sell or trade any Items. The execution, delivery and performance of, and the performance of your obligations under, these Terms have been duly authorized by all necessary action on your part and on the part of any entity on behalf of which you are entering into these Terms, and no other proceedings are necessary to authorize the execution, delivery or performance of your obligations under these Terms.
Due Execution. These Terms constitute your legal, valid and binding obligation, enforceable against you in accordance with these Terms.
Accuracy of Information. All information provided to KLEARCOAT, including any address and social security number or tax ID number, is accurate and complete. None of:
(A) a country, territory, entity or individual named on an OFAC list as provided at http://www.treas.gov/ofac,or any person or entity prohibited under the OFAC programs, regardless of whether or not they appear on the OFAC list; or
(B) a senior foreign political figure, or any immediate family member or close associate of a senior foreign political figure.
Non-Contravention. These Terms do not, and the performance of your obligations under these Terms and your Minting, listing, buying, selling or trading of any Items will not:
Independent Investigation and Non-Reliance. You are sophisticated, experienced and knowledgeable in the Minting, listing, buying, selling or trading of any Items. Additionally, you have conducted an independent investigation of the Service and the matters contemplated by these Terms, have formed your own independent judgment regarding the benefits and risks of and necessary and desirable practices regarding the foregoing and, in making the determination to Mint, list, buy, sell or trade any Items using the Service, you have relied solely on the results of such investigation and such independent judgment. Without limiting the generality of the foregoing, you understand, acknowledge and agree that the legal requirements pertaining to blockchain technologies and digital assets generally, including the Items, are evolving, and you have conducted an independent investigation of such potentially applicable legal requirements and the resulting risks and uncertainties, including the risk that one or more governmental entities or other persons may assert that any digital assets or cryptographic tokens(including the Items) may constitute securities under applicable legal requirements. You here by irrevocably disclaim and disavow reliance upon any statements or representations made by or on behalf of, or information made available by, KLEARCOAT, in determining to enter into these Terms, Mint, list, buy, sell or trade any Items or use the Service.
Litigation. There is no legal proceeding pending that relates to your activities relating to the Minting of Items or other token- or digital asset- trading or blockchain technology related activities.
Intellectual Property and Related Matters. You are the sole and exclusive owner of all right, title and interest in and to all rights, including intellectual property rights, incorporated into or otherwise used, held for use or practiced in connection with (or planned by you to be incorporated into or other wise used, held for use or practiced in connection with) the Item, any Off-Chain Benefits and the Minting of the Item, other than any intellectual property rights that are validly licensed (or provided on a hosted basis) to you pursuant to valid and binding licenses granted to you.
Compliance. You have not failed to comply with, and have not violated, any applicable legal requirement relating to any blockchain technologies, token trading activities or Minting Items. No investigation or review by any governmental entity is pending or, to your knowledge, has been threatened against or with respect to you, nor does any government order or action prohibit you or any of your representatives from engaging in or continuing any conduct, activity or practice relating to Minting Items.
You must provide all equipment and software necessary to connect to the Service. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing the Service.
An individual who has created an Account (each, a “User”) may be able to use the Service to create or issue (“Mint”) an Item on the a Blockchain Platform. By Minting an Item or otherwise using the Service, you agree to comply with any terms, including licenses or payment rights, that you embed within or other wise include with the Item, and to disclose fully all such terms in the description of your listing of the Item on the Service. Certain additional terms may apply to your use of the Service to Mint Items. The Service includes a marketplace, and KLEARCOAT is not and shall not be a party to any transaction or dispute between the Minter of an Item and any actual or prospective purchaser or owner of that Item, whether arising from any rights granted in that Item or otherwise.
All pricing and payment terms are as indicated at point of sale or otherwise on the Service, and any payment obligations you incur are binding at the time of purchase. Please review carefully the terms of purchase of any Item before purchasing, including the terms of any licenses, payment rights, or Off Chain Benefits relating to or incorporated into the Items. KLEARCOAT is not a party to any transaction on the Service between sellers and actual or prospective purchasers, and any dispute related to a purchase of an Item on the Service shall be between the seller and actual or prospective purchasers of such Item.
You may not substitute any other currency, whether cryptocurrency or fiat currency, for the currency in which you have contracted to pay at the time of purchase. For clarity, no fluctuation in the value of any currency, whether cryptocurrency or otherwise, shall impact or excuse your obligations with respect to any purchase.
KLEARCOAT may charge a fee to the seller of any Item listed for sale on the Service (“Listing Fee”). The amount of such Listing Fee may be expressed as an absolute value or as a percentage of the amount received by the seller for such Item, in each case as indicated at the point of listing for such Item for sale on the Service.
In connection with any subsequent sale of an Item after its initial sale on the Service (each such sale, a “Secondary Sale”), fees may be due to KLEARCOAT from the seller of such Item (“Secondary Sale Fee”).Such Secondary Sale Fee may be coded into the Item and may apply to all Secondary Sales of the Item, whether or not such Secondary Sale takes place on the Service.
In certain instances KLEARCOAT may accept, , process, and settle payments of made in crypto currency. In order to make a purchase of an Item using cryptocurrency, you must either
(i) deposit such cryptocurrency into your Account, or
(ii) connect a digital wallet to the Service, in each case in accordance with the functionality of the Service. If the balance of such cryptocurrency in your Account is less than insufficient to cover the price of an Item at the time of purchase, you may not be able to purchase that Item using this such payment method of payment. In order to purchase an Item using a digital wallet, you may be required to must first download a supported bridge extension in order and use such extension to connect and unlock your digital wallet through the Service. Once you submit an order to Mint or purchase an Item, your order is passed on to the applicable extension, which completes the transaction on your behalf. If the balance of such cryptocurrency in your Account is insufficient to cover the price of an Item at the time of purchase you may not be able to purchase that Item. Whether a particular cryptocurrency is accepted as a payment method by KLEARCOAT is subject to change at anytime in KLEARCOAT’s sole discretion.
In certain instances KLEARCOAT may accept, process, and settle payments of fiat currency via credit card or other means. Payment processing for the Service in such instances will be performed by KLEARCOAT’s third-party payment processor. KLEARCOAT currently uses Stripe, Inc. (“Payment Processor”) as the third party service provider for payment services (e.g., card acceptance, merchant settlement, and related services). Your use of the Service and the payment processing provided by the Payment Processor is subject to the Stripe Connected Account Agreement that includes the Stripe Services Agreement, as may be modified by the Payment Processor from time to time (collectively, the “Payment Processor Agreement”). As a condition of using the Payment Processor’s payment processing, you must provide accurate and complete information, and you authorize us to share this information with the Payment Processor and to charge your payment method for all amounts that may become due under this Agreement. All bank, credit card, or other payment information is sent directly to and stored with the Payment Processor using its security protocols. KLEARCOAT does not store your payment information on its systems and shall not have any responsibility for the safety or security of that information. Your use of the Payment Processor’s payment processing is conditioned upon your compliance with the Payment Processor Agreement, and if the Payment Processor Agreement is terminated by the Payment Processor, you may not be able to use the Services, or you may have your use of the Services suspended or terminated.
KLEARCOAT may add or change any payment processing services at any time. Such services may be subject to additional terms or conditions. Whether a particular cryptocurrency is accepted as a payment method by KLEARCOAT is subject to change at any time in KLEARCOAT’s sole discretion.
By using the Service to Mint an Item, you hereby appoint KLEARCOAT as your limited payments agent for the sole purpose of receiving, holding and settling payments due and owed to you arising out of (i)the Minting of Items through the Service; and (ii) any Secondary Sale of Items. Subject to the terms of this Agreement, KLEARCOAT will process such payments and settle payments that are actually received by KLEARCOAT, less any amounts owed to KLEARCOAT, including taxes, fees and other obligations. You agree that a payment received by KLEARCOAT on your behalf satisfies the payor’s obligation to make payment to you, regardless of whether KLEARCOAT actually settles such payment to you. If KLEARCOAT does not settle any such payments to you as described in these Terms, you will have recourse only against KLEARCOAT and not the payor, as payment is deemed made by the payor to you upon constructive or actual receipt by KLEARCOAT.
Unless otherwise indicated in writing by us, the Service and all content and other materials contained therein, including, without limitation, the KLEARCOAT logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof(collectively, “Content”) are the proprietary property of KLEARCOAT or our affiliates, licensors or users ,as applicable.
Notwithstanding anything to the contrary in these Terms, the Service and Content may include software components provided by KLEARCOAT or its affiliates or a third party that are subject to separate license terms, in which case those license terms will govern such software components.
The KLEARCOAT logo and any KLEARCOAT product or service names, logos or slogans that may appear on the Service are trademarks of KLEARCOAT or our affiliates and may not be copied, imitated or used, in whole or in part, without our prior written permission. You may not use any metatags or other “hidden text” utilizing “KLEARCOAT,” “KLEARCOAT Protocol,” or any other name, trademark or productor service name of KLEARCOAT or our affiliates without our prior written permission. In addition, the look and feel of the Service and Content, including, without limitation, all page headers, custom graphics, button icons and scripts, constitute the service mark, trademark or trade dress of KLEARCOAT and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and KLEARCOAT names or logos mentioned on the Service are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable trademark holder. Reference to any products, services, processes or other information by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by KLEARCOAT.
You are hereby granted a limited, revocable, nonexclusive, nontransferable, non-assignable, non sublicensable, “as-is” license to access and use the Service and Content for your own personal, noncommercial use; provided, however, that such license is subject to these Terms and does not include any right to
(i) sell, resell, or use commercially the Service or Content,
(ii) distribute, publicly perform, or publicly display any Content,
(iii) modify or otherwise make any derivative uses of the Service or Content, or any portion thereof,
(iv) use any data mining, robots, or similar data gathering or extraction methods,
(v) download (other than page caching) any portion of the Service or Content, except as expressly permitted by us, and
(vi) use the Service or Content other than for their intended purposes. This license is subject to your compliance with the Acceptable Use Policy set forth in Section 11 below.
You are granted a limited, nonexclusive, nontransferable right to create a text hyperlink to the Service for noncommercial purposes, provided that such link does not portray KLEARCOAT or our affiliates or any of our Services, Content, products or services in a false, misleading, derogatory or otherwise defamatory manner, and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable in KLEARCOAT’s sole discretion. This limited right may be revoked at any time. You may not use a logo or other proprietary graphic of KLEARCOAT to link to the Service or Content without our express written permission. Further, you may not use, frame or utilize framing techniques to enclose any KLEARCOAT trademark, logo or other proprietary information, including the images found on the Service, the content of any text or the layout or design of any page, or form contained on a page, on the Service without our express written consent.
Your rights in Items sold or offered for sale on or through the Service may be subject to certain restrictions or limitations, as determined by the Minter or by us and as stated on the Service. Your rights in any Item that you purchase through the Service are limited to those rights expressly granted in the license as listed at point of sale or otherwise through the Service. KLEARCOAT does not guarantee that any Items Minted on the Service will be transferable to or accessible through any other platform or service.
The Service may include the ability for you to make certain content available on or through the Service(“User Content”). If you choose to make User Content available on or through the Service, you here by grant KLEARCOAT a fully paid, royalty-free, worldwide, non-exclusive right (including any moral rights)and license to use, sublicense, distribute, reproduce, modify, adapt, and display, such User Content (in whole or in part) for the purposes of
(i) providing the Service, including making User Content available toother Users in accordance with your elections on the Service; and (ii) improving the Service. You also hereby grant each other User of the Service a non-exclusive license to access your User Content through the Service, and to use, reproduce, distribute, display and perform such User Content solely as permitted through the functionality of the Service and under these Terms. You are solely responsible for any User Content you provide. You represent and warrant that such Content will not be libelous or defamatory and that you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein for any User Content that you submit, post or display on or through the Service. You agree that such User Content will not contain material the use of which as permitted herein is violative of copyright or other proprietary rights. KLEARCOAT has no responsibility for the User Content posted or listed via the Service, although KLEARCOAT reserves the right (but KLEARCOAT has no obligation) to remove any User Content for any reason or for no reason, including in the event that KLEARCOAT determines Content to be in violation of these Terms.
The Service may contain links to third-party properties (“Third-Party Properties”) and applications(“Third-Party Applications”). When you click on a link to a Third-Party Property or Third-Party Application, you are subject to the terms and conditions (including privacy policies) of another property or application. Such Third-Party Properties and Third-Party Applications and are not under the control of KLEARCOAT. KLEARCOAT is not responsible for any Third-Party Properties or Third-Party Applications. KLEARCOAT provides links to these Third-Party Properties and Third-Party Applications only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Properties or Third-Party Applications, or their products or services. You use all links in Third-Party Properties, and Third-Party Applications at your own risk. When you leave our Service, our Terms and policies no longer govern. You should review all applicable agreements and policies, including privacy and data gathering practices, of any Third-Party Properties or Third-Party Applications, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
The Service and Content may include components, including software components, that are provided by a third party and that are subject to separate license terms, in which case those license terms will govern your access to and use of such components. For example, when you click to get more details about an Item, you may see a link to the Third-Party Property from which such Item KLEARCOATated. Our Service and/or any Third-Party Property may include terms governing the use of such Item, including license terms. In the event you purchase such Item through our marketplace, you are required to comply with the terms that govern such Item, which may be different from these Terms.
You agree that you are solely responsible for your conduct while participating in the purchase or sale of Items or otherwise accessing or using the Service. You agree that you will abide by these Terms and will not:
Provide false or misleading information to KLEARCOAT.
Use or attempt to use another user’s Account without authorization from such user and KLEARCOAT.
Create or list counterfeit Items.
Pose as another person or create a misleading username.
Circumvent or attempt to circumvent any limitations or restrictions placed on promotions offered by KLEARCOAT.
Use the Service in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Service, or that could damage, disable, overburden or impair the functioning of the Service in any manner.
Develop, utilize, or disseminate any software, or interact with any API in any manner, that could damage, harm, or impair the Service.
Reverse engineer any aspect of the Service, or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any service, area, or code of the Service.
Attempt to circumvent any content-filtering techniques we employ, or attempt to access any feature or area of the Service that you are not authorized to access.
Use any robot, spider, crawler, scraper, script, browser extension, offline reader, or other automated means or interface not authorized by us to access the Service, extract data or otherwise interfere with or modify the rendering of Service pages or functionality
Collect or harvest data from our Service that would allow you to contact individuals, companies, or other persons or entities, or use any such data to contact such entities
Use data collected from our Service for any direct marketing activity (including without limitation, email marketing,
SMS marketing, telemarketing, and direct marketing)Bypass or ignore instructions that control all automated access to the Service;
Use the Service for any illegal or unauthorized purpose, or engage in, encourage, or promote any activity that violates any applicable law or these Terms
Use the a Blockchain Platform to carry out any illegal activities in connection with or in any way related to your access to and use of the Service, including but not limited to money laundering, terrorist financing or deliberately engaging in activities designed to adversely affect the performance of the a Blockchain Platform used by the Service, or the Service itself
Engage in or knowingly facilitate any “front-running,” “wash trading,” “pump and dump trading,” “ramping,” “cornering” or fraudulent, deceptive or manipulative trading activities, including:
trading an Item at successively lower or higher prices for the purpose of creating or inducing a false, misleading or artificial appearance of activity in such Item, unduly or improperly influencing the market price for such Item trading on the Service or establishing a price which does not reflect the true state of the market in such Item
executing or causing the execution of any transaction in an Item which involves no material change in the beneficial ownership thereof
entering any order for the purchase or sale of an Item with the knowledge that an order of substantially the same size, and at substantially the same price, for the sale of such Item, has been or will be entered by or for the same or different parties
participating in, facilitating, assisting or knowingly transacting with any pool, syndicate or joint account organized for the purpose of unfairly or deceptively influencing the market price of an Item
Use the Service to carry out any financial activities subject to registration or licensing, including but not limited to using the Service to transact in securities, commodities futures, trading of commodities on a leveraged, margined or financed basis, binary options (including prediction-market transactions), real estate or real estate leases, equipment leases, debt financings, equity financings or other similar transactions
Use the Service to participate in fundraising for a business, protocol, or platform, including but not limited to creating, listing, or buying assets that
(i) are redeemable for financial instruments,
(ii) give owners any rights to participate in an ICO or any securities offering, or
(iii) entitle owners to financial rewards, including but not limited to, DeFi yield bonuses, staking bonuses, and burn discounts
KLEARCOAT has the right, but not the obligation, to remove any listing at any time. KLEARCOAT exercises its sole judgment in allowing or disallowing certain assets, listings, smart contracts, and collections.
Items, listings, smart contracts, collections, and other User Content that KLEARCOAT in its sole discretion deems inappropriate, disruptive, or illegal are prohibited on the Service. KLEARCOAT reserves the rights to determine the appropriateness of listings on its site and remove any User Content, including any listing, at any time. If you create or offer an Item, listing, smart contract, or collection in violation of these policies, we reserve the right to take corrective actions, as appropriate, including but not limited to removing the asset, listing, smart contract, or collection, deleting your Account, and permanently withholding referral payments and developer revenue sharing fees or any other payments due and owed to you. KLEARCOAT cannot destroy or impound your Items or smart contracts, but we reserve the right to destroy inappropriate or illegal metadata stored on our servers.
The following User Content is prohibited on the Service, whether included in or made available in or through Items, listings, smart contracts, or collections that include metadata, or otherwise:
content that violates international or United States intellectual property laws
content that promotes suicide or self-harm, incites hate or violence against others, degrades or doxes another individual, depicts minors in sexually suggestive situations, or is otherwise illegal in the United States
content with a primary or substantial purpose in a game or application that violates international or United States intellectual property laws, promotes suicide or self-harm, incites hate or violence against others, degrades or doxes another individual, depicts minors in sexually suggestive situations, or is otherwise illegal in the United States
content created or used primarily or substantially for the purpose of raising funds for known terrorist organizations (as listed on https://www.state.gov/foreign-terrorist-organizations/ or as may be determined by KLEARCOAT from time to time in its sole discretion)
as determined in our sole and absolute discretion, NSFW content and other content that is intended to be age-restricted. Item names, listings and their descriptions, smart contract names, and collections including profanity or overtly sexual content are prohibited. A smart contract that contains NSFW content is subject to being marked NSFW, even if the NSFW content only represents a portion of the content on the smart contract
content that includes stolen assets, assets taken without authorization, and otherwise illegally obtained assets, all including but not limited to Items. Listing illegally obtained Items may result in your listings being cancelled, your Items being hidden, or your Account being suspended If you have reason to believe that an asset listed on the Service was illegally obtained, please contact us immediately
content that is illegal or offensive, or content that includes or uses profanity or graphic language
If you become aware of the creation, listing, or buying of assets in violation of any of the terms specified in this section, please contact us at support@KLEARCOATprotocol.com to report it.
KLEARCOAT retains the absolute right, but KLEARCOAT has not the obligation, to terminate the Account and remove the User Content of any user of the Service who violates or infringes our rights or those of any third party. Without limiting the foregoing, if you believe that your intellectual property has been used on the Service in a way that constitutes infringement, please provide us with the following information:
(1a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
(2b) a description of the copyrighted work that you claim has been infringed;
(3c) a description of the location on our Service of the material that you claim is infringing;
(4d) your address, telephone number and e-mail address;
(5e) 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
(6f) 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. contact us at Such information may be sent to support@KLEARCOATprotocol.com.
If KLEARCOAT becomes aware of any possible violations by you of these Terms, KLEARCOAT reserves the right to investigate such violations. If, as a result of the investigation, KLEARCOAT believes that criminal activity may have occurred, KLEARCOAT reserves the right to refer the matter to, and to cooperate with, any and all applicable legal authorities. KLEARCOAT is entitled, except to the extent prohibited by applicable law, to disclose any information or materials on or in the Service, including User Content, in KLEARCOAT’s possession in connection with your use of the Service, to
(i) comply with applicable laws, legal process or governmental request;
(ii) enforce these Terms,
(iii) respond to any claims that User Content violates the rights of third parties,
(iv) respond to your requests for customer service, or
(v)protect the rights, property or personal safety of KLEARCOAT, its users, or the public, and all law enforcement or other government officials, as KLEARCOAT in its sole discretion believes to be necessary or appropriate. By agreeing to these Terms, you hereby provide your irrevocable consent to such monitoring. You acknowledge and agree that you have no expectation of privacy concerning your use of the Service, including without limitation text, voice, or video communications.
You hereby release and forever discharge KLEARCOAT and our officers, employees, agents, successors, and assigns (the “KLEARCOAT Entities”) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Service (including any interactions with, or act or omission of, other Users or any Third-Party Properties or Third-Party Applications). IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “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.”
You acknowledge and agree that:
The prices of digital assets are extremely volatile. Fluctuations in the price of other digital assets could materially and adversely affect the Items, which may also be subject to significant price volatility. We cannot and do not guarantee that any purchasers of Items will not lose money.
You are solely responsible for determining what, if any, taxes apply to transactions involving your Items. Neither KLEARCOAT nor any other KLEARCOAT Entity is responsible for determining the taxes that may apply to transactions involving Items.
Items exist and can be transferred only by virtue of the ownership record maintained on the block chain supporting such Items. Our Service does not store, send, or receive Items. Any transfer of Items occurs within the supporting blockchain and not on the Service.
There are risks associated with using digital currency, including but not limited to, the risk of hardware, software and Internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to information stored within your digital wallet.
The legal and regulatory regime governing blockchain technologies, cryptocurrencies, and tokens is uncertain, and new regulations or policies may materially adversely affect the development of the Service and the utility of Items.
There are risks associated with purchasing user-generated User Content, including but not limited to, the risk of purchasing counterfeit assets, mislabeled assets, assets that are vulnerable to metadata decay, assets on smart contracts with bugs, and assets that may become untransferable.
KLEARCOAT reserves the right to hide collections, contracts, and assets that KLEARCOAT suspects or believes may violate these Terms. Items you purchase may become inaccessible on the Service. Under no circumstances shall the inability to view your assets on the Service serve as grounds for a claim against KLEARCOAT.
KLEARCOAT has no responsibility for the Items Minted, sold, bought or traded on the Service. KLEARCOAT does not investigate and cannot guarantee or warrant the authenticity, KLEARCOATality, uniqueness, marketability, legality or value of any Item created or traded on the Service. For the avoidance of doubt, KLEARCOAT shall have no responsibility for any failure of any User to comply with any terms regarding the authenticity, KLEARCOATality, uniqueness, scarcity or other description or characteristics of the Item furnished by or on behalf of that User and available via the Service.
To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless KLEARCOAT and the KLEARCOAT Entities from and against all actual or alleged third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys’ fees and expenses) and costs (including, without limitation, court costs, costs of settlement, and costs of or associated with pursuing indemnification and insurance), of every kind and nature whatsoever arising out of or related to these Terms or your use of the Service, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of the Service, User Content or Items, (b) any feedback you provide, (c) your violation of these Terms, and (d) your violation of the rights of any third party, including another user. You agree to promptly notify KLEARCOAT of any third-party Claims and cooperate with the KLEARCOAT Entities in defending such Claims. You further agree that the KLEARCOAT Entities shall have control of the defense or settlement of any third-party Claims. THIS INDEMNITY IS IN ADDITION TO, AND NOT IN LIEU OF, ANY OTHER INDEMNITIES SET FORTH IN A SEPARATE WRITTEN AGREEMENT BETWEEN YOU AND KLEARCOAT.
THE SERVICE, CONTENT CONTAINED THEREIN, AND ITEMS LISTED THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESSOR IMPLIED. KLEARCOAT (AND ITS SUPPLIERS) MAKE NO WARRANTY THAT THE SERVICE:
(A) WILL MEETYOUR REQUIREMENTS;
(B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR
(C) WILL BE ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE. KLEARCOAT DISCLAIMS ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE SERVICE OR ANY CONTENT CONTAINED THEREIN. KLEARCOAT DOES NOT REPRESENT OR WARRANT THAT CONTENT ON THE SERVICE IS ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. WE WILL NOT BE LIABLE FOR ANY LOSS OF ANY KIND FROM ANY ACTION TAKEN OR TAKEN IN RELIANCE ON MATERIAL OR INFORMATION, CONTAINED ON THE SERVICE. WHILE KLEARCOAT ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE SERVICE AND CONTENT SAFE, KLEARCOAT CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICE, CONTENT, OR ANY ITEMS LISTED ON OUR SERVICE OR OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE CANNOT GUARANTEE THE SECURITY OF ANY DATA THAT YOU DISCLOSEONLINE. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND WILL NOT HOLD US RESPONSIBLE FOR ANY BREACH OF SECURITY UNLESS IT IS DUE TO OUR GROSS NEGLIGENCE.
WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSSES YOU SUSTAIN AS A RESULT OF YOUR USE OF THE SERVICE. WE TAKE NO RESPONSIBILITY FOR, AND WILL NOT BE LIABLE TO YOU FOR, ANYUSE OF ITEMS, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM:
(I)USER ERROR SUCH AS FORGOTTEN PASSWORDS, INCORRECTLY CONSTRUCTED TRANSACTIONS, OR MISTYPED ADDRESSES;
(II) SERVER FAILURE OR DATA LOSS;
(III) CORRUPTED DIGITAL WALLET FILES;
(IV)UNAUTHORIZED ACCESS TO APPLICATIONS; OR
(V) ANY UNAUTHORIZED THIRD PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION THE USE OF VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK AGAINST THE SERVICE OR ITEMS.
FROM TIME TO TIME, KLEARCOAT MAY OFFER NEW “BETA” FEATURES OR TOOLS. SUCH FEATURES OR TOOLS ARE OFFERED “AS IS” AND WITH ALL FAULTS, SOLELY FOR EXPERIMENTAL PURPOSES AND WITHOUT ANY WARRANTY OF ANY KIND, AND MAY BE MODIFIED OR DISCONTINUED AT KLEARCOAT’S SOLE DISCRETION. THE PROVISIONS OF THIS SECTION APPLY WITH FULL FORCE TO SUCH FEATURES OR TOOLS.
ITEMS ARE INTANGIBLE DIGITAL ASSETS. THEY EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED IN THE BLOCKCHAIN NETWORK. ANY TRANSFER OF TITLE THAT MIGHT OCCUR IN ANY UNIQUE DIGITAL ASSET OCCURS ON THE DECENTRALIZED LEDGER WITHIN THE APPLICABLE BLOCKCHAIN PLATFORM. WE DO NOT GUARANTEE THAT KLEARCOAT OR ANY KLEARCOAT ENTITY CAN EFFECT THE TRANSFER OF TITLE OR RIGHT IN ANY ITEMS. WE CANNOT AND DO NOT GUARANTEE THAT ANY ITEM WILL HAVE OR RETAIN ANY INHERENT VALUE, OR THAT YOU WILL BE ABLE TO SELL OR RESELL ANY ITEM PURCHASED THROUGH THE SERVICE.
KLEARCOAT is not responsible for any losses or harms sustained by you due to vulnerability or any kind of failure, abnormal behavior of software (e.g., wallet, smart contract), blockchains, or any other features of or inherent to the Items. KLEARCOAT is not responsible for casualties due to developers or representatives delay or failure to report any issues with any blockchain supporting Items, including without limitation forks, technical node issues, or any other issues that result in losses of any sort.
Nothing in these Terms shall exclude or limit liability of either party for fraud, death or bodily injury caused by negligence, violation of laws, or any other activity that cannot be limited or excluded under the laws applicable to your jurisdiction. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN CONTRACTS WITH CONSUMERS, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL KLEARCOAT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM THESE TERMS, THE SERVICE, ANY ITEMS, OR FOR ANY DAMAGES RELATED TO LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE AND EVEN IF KLEARCOAT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SERVICE IS UNDERTAKEN BY YOU AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA RESULTING THEREFROM.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF KLEARCOAT ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS, YOUR ACCESS TO AND USE OF THE SERVICE, CONTENT (INCLUDING YOUR CONTENT), OR ANYITEMS PURCHASED OR SOLD THROUGH THE SERVICE EXCEED THE GREATER OF
(A) $100 OR
(B) THEAMOUNT PAID TO KLEARCOAT BY YOU FOR THE SERVICE IN THE TRANSACTION OR INCIDENT THAT IS THE SUBJECT OF THE CLAIM. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Dispute Resolution. Please read the arbitration agreement in this section (“Arbitration Agreement”)carefully. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
Applicability of Arbitration Agreement. You agree that all claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with these Terms or the use of any Service provided by KLEARCOAT that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. Unless otherwise agreed to, all arbitration proceedings shall be held in English. This Arbitration Agreement applies to you and KLEARCOAT, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under these Terms.
Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written notice describing the nature and basis of the claim or dispute and the requested relief (“Notice of Dispute”). A Notice of Dispute to KLEARCOAT should be sent to: KLEARCOAT Protocol, Inc., Floor 4, Willow House, Cricket Square, Grand Cayman KY1‐9010. After the Notice of Dispute is received, you and KLEARCOAT may attempt to resolve the claim or dispute informally. If you and KLEARCOAT do not resolve the claim or dispute within thirty (30) days after the Notice of Dispute is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.
Arbitration Rules. Arbitration shall be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of the arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with these Terms. The AAA Consumer Arbitration Rules (“Arbitration Rules”) governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right toa hearing will be determined by the Arbitration Rules. Any hearing will be held in a location within 100miles of your residence, unless you reside outside of the United States, and unless the parties agree otherwise. If you reside outside of the U.S., the arbitrator shall give the parties reasonable notice of the date, time and place of any oral hearings. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. If the arbitrator grants you an award that is greater than the last settlement offer that KLEARCOAT made to you prior to the initiation of arbitration, KLEARCOAT will pay you the greater of the award or $2,500.00. Each party shall bear its own costs (including attorney’s fees) and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider.
Additional Rules for Non-Appearance Based Arbitration. If non-appearance based arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.
Time Limits. If you or KLEARCOAT pursues arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the AAA Rules for the pertinent claim.
Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and KLEARCOAT, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have exclusive authority to:
(i) determine the scope and enforceability of this Arbitration Agreement; and
(ii) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to, any claim that all or any part of this Arbitration Agreement is void or voidable; and shall also have the authority to grant motions dispositive of all or part of any claim. The exceptions to the preceding sentence are:
(1) all disputes arising out of or relating to the class action waiver, including any claim that all or part of the class action waiver is unenforceable, illegal, void or voidable, or such class action waiver has been breached, shall be decided by a court of competent jurisdiction and not by an arbitrator;
(2) all disputes arising out of or relating to the payment of arbitration fees shall be decided only by a court of competent jurisdiction and not by an arbitrator; and
(3) all disputes arising out of or relating to whether either party has satisfied any condition precedent to arbitration shall be decided only by a court of competent jurisdiction and not by an arbitrator. The arbitrator shall have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and these Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and KLEARCOAT. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and KLEARCOAT in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU ANDKLEARCOAT WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If a decision is issued stating that applicable law precludes enforcement of any of this subsection’s limitations as to a given claim for relief, then the claim must be severed from the arbitration and brought into the courts of Grand Cayman. All other claims shall be arbitrated.
Confidentiality. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
Right to Opt Out. You have the right to opt out of this Arbitration Agreement by sending written notice of your decision to opt out to: arbitration-opt-out@KLEARCOATprotocol.com. Such notice must be given within 30 days after first becoming subject to a version of these Terms containing an arbitration provision. Your notice must include your name and address, your Account username (if any), the email address you used to set up your Account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of arbitration, all other parts of these Terms will continue to apply to you. Opting out of arbitration has no effect on any other arbitration agreements that you may currently have, or may enter into in the future, with us.
Right to Waive. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.
Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with KLEARCOAT.
Small Claims Court. Notwithstanding the foregoing, either you or KLEARCOAT may bring an individual action in small claims court.
Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.
Claims Not Subject to Arbitration. Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark or trade secrets shall not be subject to this Arbitration Agreement.
Courts. In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within Grand Cayman, for such purpose.
We reserve the right in our sole discretion to modify, suspend, or discontinue the Service, or any features or parts thereof, whether temporarily or permanently, at any time with or without notice to you in our sole discretion. These Terms, and your access to and use of the Service, shall be governed by and construed and enforced in accordance with the laws of the Cayman Islands, without regard to any conflict of law rules or principles that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court, shall be resolved in the courts of the Cayman Islands, sitting in Grand Cayman. Notwithstanding anything contained in these Terms, we reserve the right, without notice and in our sole discretion, to terminate your right to access or use the Service at any time and for any or no reason, and you acknowledge and agree that we shall have no liability or obligation to you in such event and that you will not be entitled to a refund of any amounts that you have already paid to us, to the fullest extent permitted by applicable law. If any term, clause or provision of these Terms is held invalid or unenforceable, then that term, clause or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these Terms. Your relationship to KLEARCOAT is that of an independent contractor, and neither party is an agent or partner of the other. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of KLEARCOAT. KLEARCOAT’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Except as otherwise provided herein, these Terms are intended solely for the benefit of KLEARCOAT and you and are not intended to confer third party beneficiary rights upon any other person or entity.
Contact Information
Email: info@helix-auto.com
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