Terms of Service

Last Updated: October 12, 2021

Welcome to the NFT500 Museum, owned and operated by Revolution Blockchain, LLC d/b/a NFT500 (“NFT500,” “we,” “us” or “our”). By accessing, browsing or using www.nft500.com, Affiliate websites, applications, products, and online and/or mobile services, and products (collectively, “Services”) in any way, you (“you” or “your”) acknowledge, accept, and agree to these Terms of Service (“Terms”), without limitation. These Terms constitute a legally binding agreement ("Agreement") between you and NFT500 and govern your access to and use of our Services. NFT500 may revise these Terms at any time, without notice. It is your responsibility to follow our current Terms, and we therefore encourage you to check this page frequently for any changes to these Terms. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, PLEASE DO NOT ACCESS OR USE OUR SERVICES.

WE WANT TO LET YOU KNOW THAT THE TERMS INCLUDE AN ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. ACCORDINGLY, YOU WILL 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 YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS. PLEASE CAREFULLY READ THE “Dispute Resolution; Arbitration & Waiver of Certain Rights, Including Class Actions” SECTION OF THIS AGREEMENT.

In these Terms:

“Affiliate” means with respect to any entity, any other entity that now or in the future, directly or indirectly controls, is controlled with or by or is under common control with such entity. For purposes of the foregoing, “control” means, with respect to:

i.          a U.S. corporation, the ownership, directly or indirectly, of fifty percent (50%) or more of the voting power to elect directors thereof or, for purposes of non-U.S. corporations, if less than fifty percent (50%), the maximum amount allowed by applicable law; and

ii.        any other entity, fifty percent (50%) or more ownership interest in such entity or, with respect to other foreign entities, the power to direct the management of such entity.

 

“Content” means any and all art, graphics, images, videos, designs, logos, taglines, drawings, depictions, renderings, representations, and all other audiovisual materials, sound, music, text (including, without limitation, fonts), information, data, computer code, software, and other material provided on or through our Services.

"NFT500 Art" means any and all Content associated with any NFT500 NFT.

“NFT500 NFT” means any non-fungible token minted and recorded on a blockchain network that is associated with NFT500 Art.

"Intellectual Property Rights" means any works of authorship, copyrights, moral rights, trademarks, service marks, trade names, goodwill, trade secrets, know-how, patents, designs, algorithms, and other industrial property and proprietary rights and any and all rights in or associated with any of the foregoing (including rights in any registrations, applications, renewals, extensions, continuations, divisionals or reissues), recognized in any country or jurisdiction in the world.

1.       Basic Terms

1.1      You may use our Services only if you can form a binding contract with us, and only as permitted by law. You are not allowed to use our Services if you are a person under the age of eighteen.

1.2      If you are using our Services on behalf of a company or other entity, you represent and warrant that you are at least eighteen years old and are authorized to bind such company or entity to these Terms, in which case "you" and "your" in these Terms refer to such entity.

1.3      For information about our privacy practices, please see our Privacy Policy, which can be viewed here. Our Privacy Policy is incorporated into and considered part of these Terms. By accessing or using our Services in any way, you agree that your information may be collected, stored, shared, processed, and used in accordance with our Privacy Policy and these Terms.

1.4      Please note that the NFT500 Art may cover a wide range of art and subject matter, is generally uncensored, and may include nudity or other audiovisual or written material that some people may consider offensive or inappropriate for children and minors. If you allow your child or anyone else to use your computer or other device, it is solely your responsibility to prevent them from accessing any Content that you think is or may be inappropriate for them. 

1.5      A very small percentage of people may experience a seizure when exposed to certain visual images, such as flashing lights or patterns that may appear in videos or digital imagery or other electronic or online content. Even people who have no history of seizures or epilepsy may have an undiagnosed condition that can cause these "photosensitive epileptic seizures" while watching videos or digital imagery or other electronic or online content. These seizures have a variety of symptoms, including lightheadedness, disorientation, confusion, momentary loss of awareness, eye or face twitching, altered vision or jerking or shaking of arms or legs. If you experience any of the foregoing symptoms, or if you or your family has a history of seizures or epilepsy, you should immediately stop using the Services and consult a doctor.

1.6      Subject to these Terms, you may access and view the NFT500 Art associated with NFT500 NFTs within our Services, solely for your own personal, non-commercial use, in accordance with the normal functionality and restrictions of the Services.  NFT500 makes the NFT500 Art associated with NFT500 NFTs available for display within our Services only.  Pursuant to these Terms, you agree that you are not permitted to copy (including by way of creation of a digital copy, screen grab, or any other copy) any element of the NFT500 Art associated with NFT500 NFTs available on the Services and are granted no rights or license through the Services or these Terms to any Intellectual Property in the NFT500 Art associated with NFT500 NFTs, which remains soley with NFT500 or its licensors.

2.       Ownership

2.1      All Content and NFT500 Art is owned by NFT500, its Affiliates or by others who have licensed their Content to us, and is protected by U.S. and international copyright and trademark laws, and other proprietary rights and laws. The Services are also protected as a compilation and collective work under U.S. and international copyright laws.

2.2      The trademarks, service marks, logos, product names, domain names, or other distinctive brand features displayed on or in connection with our Services are the registered and unregistered trademarks and service marks of NFT500 or third parties in the U.S. and other countries.

2.3      As between you and NFT500, NFT500, its Affiliates and/or its licensors own and retain, solely and exclusively, all rights, title, and interest in and to our Services, the look and feel, design and organization of our Services, all Content and NFT500 Art (to the extent such works are licensed to NFT500), and the compilation of all Content on our Services, including all Intellectual Property Rights therein (collectively, “NFT500 Materials”). The rights that you have in and to any NFT500 NFT and NFT500 Art are limited to those expressly stated in Section 3 (Licensed Rights) of this Agreement. NFT500 and/or its licensors reserve all rights and ownership in and to the NFT500 Materials not expressly granted to you in this Agreement.

2.4      You acknowledge and agree that, except as expressly set forth in this Agreement: (a) your viewing of an NFT500 NFT does not give you any rights or licenses in or to any NFT500 Materials; (b) you do not have the right to modify, reproduce, create derivative works of, distribute, sell, license or otherwise commercialize any elements of the NFT500 Materials; (c) you will not apply for, register, or otherwise use or attempt to use any NFT500 trademarks or service marks, or any confusingly similar marks, anywhere in the world; and (d) you have no right to and will in no event take any enforcement action (including, for example, by sending DMCA takedown notices) or make any claims based on any NFT500 Materials without our prior written consent in each instance, and we may, in our sole discretion, undertake any necessary action to prevent any unlicensed or unauthorized use or distribution of any NFT500 Materials.

3.       Licensed Rights

3.1      You acknowledge and agree that the NFT500 Art displayed on our Services is made available for viewing while on the Services only, without price or payment, solely for your personal entertainment purposes, and, subject to your compliance with this Agreement.  You are not granted any rights under this Agreement to copy, reproduce, publicly display any of the NFT500 Art featured on the Services.

3.2      You agree not to, nor permit any third party to, do or attempt any of the following: (a) modify any NFT500 Art in any way, including by modifying any of the shapes, designs, drawings, attributes, or color schemes; (b) use any NFT500 Art to advertise, market, or sell any product or service; (c) sell, distribute for commercial gain (including giving away in the hopes of eventual commercial gain), or otherwise commercialize merchandise that includes, contains, or consists of the NFT500 Art; (d) attempt to trademark, copyright, or otherwise acquire additional Intellectual Property Rights in or to the NFT500 Art; or (e) utilize the NFT500 Art for your or any third party’s commercial benefit.

3.3      To the extent the NFT500 Art contains any third-party Intellectual Property Rights (e.g., licensed Intellectual Property Rights from a celebrity, artist, or other public figure), you understand and agree that : (a) you will not have the right to use any third-party Intellectual Property Rights in any way except as incorporated in the NFT500 Art, and subject to the restrictions contained in this Agreement; (b) depending on the nature of the license granted from the owner of the third-party Intellectual Property Rights, NFT500 may need to pass through additional restrictions on your ability to use the NFT500 Art; and (c) to the extent that NFT500 notifies you in writing (email sufficing) of any additional restrictions that apply to the NFT500 Art due to third-party Intellectual Property Rights, you will comply with those restrictions from the date that you receive notice from us, and your failure to comply with those restrictions will be deemed a material breach of this Agreement.

4.         Intentionally Left Blank. 

5.         DISCLAIMER OF WARRANTIES & LIMITATION OF LIABILITY

YOU UNDERSTAND AND ACKNOWLEDGE THAT NFT500 NFTS ARE INTANGIBLE DIGITAL ASSETS THAT EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED ON A BLOCKCHAIN AND ARE NOT LEGAL TENDER OR INTENDED FOR INVESTMENT PURPOSES. ALL SMART CONTRACTS ARE CONTAINED WITHIN THE METADATA OF THE NFT500 NFTS AND ALL TRANSFERS OF NFT500 NFTS ARE CONDUCTED AND OCCUR ON THE DECENTRALIZED LEDGER WITHIN A BLOCKCHAIN. NFT500 HAS NO CONTROL OVER AND MAKES NO GUARANTEES OR PROMISES WITH RESPECT TO ANY OF THOSE SMART CONTRACTS OR TRANSFERS. ALL SERVICES, NFT500 NFT ART, AND THE NFT500 NFTS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. NFT500 DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SERVICES, NFT500 ART, NFT500 NFTS OR ANY PART THEREOF (INCLUDING ANY SMART CONTRACT, EXTERNAL WEBSITES, OR SECONDARY SALES OF OR ALLEGED SECONDARY MARKETS FOR NFT500 NFTS), INCLUDING IMPLIED COVENANTS OR WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, CORRECTNESS, ACCURACY (INCLUDING OF METADATA), RELIABILITY, ACCESSIBILITY, AVAILABILITY OR UNINTERRUPTED SERVICE, HARDWARE OR SOFTWARE COMPATIBILITY, CYBER SECURITY OF ANY KIND, INCLUDING DATA BREACH OR FREEDOM FROM DEFECTS, BUGS, ERRORS, HARMFUL OR MALICIOUS CODE, OR ANY RESPONSIBILITY, DUTY OR OBLIGATION TO UPGRADE, REPAIR OR REPLACE ANY PRODUCTS OR SERVICES, IN WHOLE OR IN PART.

IN NO EVENT SHALL NFT500 OR ITS AFFILIATES (COLLECTIVELY “NFT500 PARTIES”) BE LIABLE TO YOU FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER AND/OR DEVICE OR TECHNOLOGY FAILURE OR MALFUNCTION, OR FOR ANY FORM OF DIRECT OR INDIRECT DAMAGES, AND/OR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES BASED ON ANY CAUSES OF ACTION WHATSOEVER RELATED TO ANY THIRD-PARTY TECHNOLOGY OR PARTY RELATED TO ANY OF THE SERVICES, NFT500 NFTS, AND NFT500 NFT ART.

IN NO EVENT AND UNDER NO THEORY OF LIABILITY, INCLUDING CONTRACT, STATUTE, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY, OR OTHERWISE, WILL ANY OF THE NFT500 PARTIES BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, OR LOST PROFITS ARISING FROM OR RELATING TO THIS AGREEMENT, THE NFT500 NFTS, THE NFT500 ART OR THE SERVICES (EVEN IF THE NFT500 PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES), AND IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE NFT500 PARTIES EXCEED US$1.

THE LIMITATIONS OF THIS SECTION WILL APPLY EVEN IF ANY REMEDY SET FORTH IN THIS AGREEMENT IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE AND TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

6.         Assumption of Risk

6.1      The NFT500 Art displayed on our Services associated with NFT500 NFTs is made available without price or payment solely for entertainment purposes. You agree that you assume the following risks: (a) the NFT500 Parties do not make any promises or guarantees about the availability of any NFT500 NFTs or NFT500 NFT Art or that they will host any NFT500 NFTs or NFT500 NFT Art at any specific location and/or for any specific period of time; (b) upgrades to relevant blockchains, a hard fork or other change to relevant blockchains, a failure or cessation of relevant blockchains or their underlying cryptocurrency, or a change in how transactions are confirmed on relevant blockchains may have unintended, adverse effects on all blockchains using those or similar technologies, including NFT500 NFTs; (c) the NFT500 Parties do not make any promises or guarantees related to any third parties related to the Services, NFT500 Art or NFT500 NFTs (including any of their respective applications and/or services, as well as to the continued availability of or the protection or storage of any data you provide to those parties); (d) the risk of hacking, security weaknesses, fraud, counterfeiting, cyber attacks and other technological difficulties; and (e) the risk of changes to the regulatory regime governing blockchain technologies, cryptocurrencies, and tokens and new regulations, unfavorable regulatory intervention in one or more jurisdictions or policies any of which may materially adversely affect the use and value of the NFT500 NFTs.

6.2      You also acknowledge and agree that: (a) you have obtained sufficient information to make an informed decision regarding your access to these Services; (b) you are solely responsible for determining the nature, potential value, suitability and appropriateness of these risks for yourself; (c) none of the NFT500 Parties covenant, represent, or warrant that any of the Services, or their supporting systems or technology, are reliable, current or error-free or otherwise meets your requirements, that defects in the Services, or their supporting systems or technology, will be corrected, or that the delivery mechanism for the Services will be free of viruses or other harmful components; and (d) none of the NFT500 Parties will be responsible for any communication failures, disruptions, errors, distortions or delays you may experience related to any Services.

7.         International Use

7.1      Our Services are based in the United States and we do not represent or warrant that our Services will be appropriate or available for use outside the United States.

7.2      If you are located outside the United States, you agree to ensure that your access to and use of our Services complies with all applicable local, state, national, and international laws and regulations, including any laws and regulations governing the import or export of data, goods, services or software.

7.3      You must not access or use our Services, whether on your own behalf or on behalf, or for the benefit, of any other person or entity, if any applicable local, state, national, or international law or regulation prohibits you or such other person or entity from receiving products or services originating from the United States, or if you or such other person or entity are a person or entity with whom transactions are prohibited under economic or trade sanctions administered or enforced by any relevant sanctions authority including, without limitation, the Office of Foreign Assets Control of the U.S. Department of Treasury.

8.         Governing Law

This Agreement and all matters arising from or related to it or any NFT500 NFTs, NFT500 Art, or the Services will be governed by the laws of New York, without regard to its conflict of laws rules. All disputes may be brought solely in the federal or state courts located in New York, New York, and you consent to personal jurisdiction and venue in these courts.

9.         Dispute Resolution; Arbitration Agreement & Waiver of Certain Rights, Including Class Actions

PLEASE READ THIS SECTION CAREFULLY BECAUSE IT LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA (AMERICAN ARBITRATION ASSOCIATION) RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR NFT500 WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION. If a dispute arises between you and NFT500, we strongly encourage you to first contact us directly to seek a resolution by reaching out to us at info@NFT500.com.

9.1      You Agree to Waive a Jury Trial

YOU AGREE TO RESOLVE ANY DISPUTES BETWEEN US THROUGH BINDING AND FINAL ARBITRATION INSTEAD OF THROUGH COURT PROCEEDINGS. YOU WAIVE YOUR RIGHT TO ANY JURY TRIAL OF ANY CLAIM. All controversies, claims, counterclaims, or other disputes arising between you and NFT500 arising from or relating to these Terms, our Services, NFT500 Art or NFT500 NFTs shall be submitted for binding arbitration under the Consumer Arbitration Rules of the American Arbitration Association (“AAA Rules”). The arbitration will be heard and determined by a single arbitrator. The arbitrator’s decision will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. The parties agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration or by applicable disclosure rules and regulations of securities, regulatory authorities, or other governmental agencies.

This arbitration agreement does not preclude you or NFT500 from seeking action by federal, state, or local government agencies. You and NFT500 may also bring qualifying claims in small claims court. In addition, you and NFT500 retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with these Terms, nor a waiver of the right to have disputes submitted to arbitration as provided in these Terms.

9.2      Arbitration Costs

If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, NFT500 will pay as much of the administrative costs and arbitrator fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate.

9.3      Class Action Waiver

YOU MAY NOT ACT AS A CLASS REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL, NOR PARTICIPATE AS A CLASS MEMBER OF ANY CLASS CLAIMANTS WITH RESPECT TO ANY CLAIM. CLAIMS MAY NOT BE ARBITRATED ON A CLASS OR REPRESENTATIVE BASIS. You may only bring individual claims, and the arbitrator may only decide individual claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.

10.      Changes to this Agreement; Changes to the Services

10.1    Our business changes with time, and these Terms will change also. We reserve the right to change these Terms, including the right to change, modify, add or remove any part of these Terms, without prior notice, at any time in our sole discretion. When NFT500 makes any changes, we will make the updated Agreement available on this website and in the associated link in the app and update the "Last Updated" date at the beginning of the Agreement accordingly. Please check frequently for changes. Any changes to this Agreement will apply on the date they are made. By way of example, your continued access to or use of the Services, NFT500 Art or any NFT500 NFTs after the Agreement has been updated is conditioned upon and constitutes your binding acceptance of the updates.

10.2    Our Services are updated frequently, and their form and functionality may change without notice. We reserve the right to change, modify, add, remove, suspend or discontinue the Services (including the appearance, design, functionality, and all other aspects of any and all of our Services), in whole or in part, temporarily or permanently, with or without notice, at any time in our sole discretion.

10.3    NFT500 will not be liable to you or any third party for any damages or losses of any kind resulting directly or indirectly from any changes made by us to our Terms or Services, including any loss of business or the ability to use any product or aspect of the Services or Content.

11.      Indemnity

You will release, defend, indemnify, and hold NFT500 Parties harmless from any claims, actions, suits, losses, costs, liabilities and expenses (including reasonable attorney’s fees) arising from or relating to this Agreement, the Services, the NFT500 Art or NFT500 NFTs, whether brought by you or a third party. This indemnity will be applicable regardless of the willful misconduct, deliberate default, gross negligence or negligence of any party, including any indemnitee. NFT500 reserves the right to control the defense of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of the claims.

12.      Taxes

You are solely responsible for paying any and all sales, use, value-added and other taxes, duties, and assessments now or hereafter claimed or imposed by any governmental authority associated with your collection, use or possession of NFT500 NFTs. You are responsible for determining what, if any, taxes apply due to your collection, use or possession of an NFT500 NFT, and you are responsible for reporting and remitting the correct tax to the appropriate tax authority.

13.      Entire Agreement; Miscellaneous; Survival

These Terms are the entire agreement between you and NFT500, and supersede any prior understandings or agreements (written or oral) with respect to the Services. If any portion of these Terms are held to be unenforceable, the unenforceable portion will be construed in accordance with applicable law to the greatest extent possible to reflect the original intentions of the parties, and the remaining terms and conditions contained herein shall remain in full force and effect. NFT500's failure to insist on or enforce strict performance of any provision of these Terms will not be construed as a waiver of any provision, right or remedy.

These Terms will be binding on your successors and assigns, but you are not allowed to assign, transfer or sublicense these Terms or any right or obligation under these Terms without NFT500’s express prior written consent. These Terms, and all rights granted to or reserved by us under these Terms, will benefit and be enforceable by our successors and assigns.

To the extent not expressly set forth herein, there are no third-party beneficiaries to these Terms.

The obligations in this Agreement that are intended by their terms to survive the suspension, discontinuation or termination of these Services shall so survive, including Sections 1-9, and 11-13.

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