NFT-O-Matic Terms & Conditions
Rev 1.0 (June 2022)
This website (“NFTOM” or the “Site”) is operated by Blockalicious LLC (“Blockalicious”, “we”, “us” or “our”). Blockalicious offers NFTOM, including all information, tools and services available from NFTOM to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting NFTOM, using any of its functionality and/ or purchasing something from us, you engage in our “Service” or “Services” and agree to be bound by the following terms and conditions (“Terms of Service” or “ToS”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These ToS apply to all users of NFTOM, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these ToS carefully before accessing or using NFTOM. By accessing or using any part of NFTOM, you agree to be bound by these ToS. If you do not agree to all the terms and conditions of this agreement, then you may not access NFTOM or use any of its services. If these ToS are considered an offer, acceptance is expressly limited to these ToS.
Any new features or tools which are added to NFTOM shall also be subject to the ToS. You can review the most current version of the ToS at any time on this page. We reserve the right to update, change or replace any part of these ToS by posting updates and/or changes to NFTOM. It is your responsibility to check this page periodically for changes. Your continued use of or access to NFTOM following the posting of any changes constitutes acceptance of those changes. Everywhere these ToS refer to (i) an action that may be taken (or abstained) by us, (ii) a right reserved to us, or (iii) a determination that may be made by us, the decision whether to act, abstain, exercise such right or make such determination shall be in the sole and absolute discretion of Blockalicious.
Section 1 – ONLINE STORE TERMS OF SERVICE
By agreeing to these ToS, you represent that you are (a) a citizen or permanent resident of the United States, and (b) at least the age of majority in your state of residence.
The NFT functionality of NFTOM is similar to an online store in which NFTs are products that are created, owned, traded and managed by users of NFTOM. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws of the United States and of your jurisdiction (including but not limited to copyright or trademark laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the ToS will result in an immediate termination of your Services.
Section 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on NFTOM through which the service is provided, without our express written permission which may be denied by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these ToS.
Section 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on NFTOM is not accurate, complete or current. The material on NFTOM is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on NFTOM is at your own risk.
NFTOM may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of NFTOM at any time, but we have no obligation to update any information on NFTOM. You agree that it is your responsibility to monitor changes to NFTOM is such changes are or may relevant to you.
Section 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service and/or the Site, whether or not such action impedes or eliminates your ability to access products you have created, purchased or otherwise received on NFTOM.
Section 5 – PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through NFTOM. These products will not be subject to a right of return, exchange or refund.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice. We reserve the right to discontinue any product at any time. Any offer for any product or service made on NFTOM is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
Section 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
Section 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through NFTOM is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through NFTOM (including, the release of new tools and resources). Such new features and/or services shall also be subject to these ToS.
Section 8 – THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on NFTOM may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
Section 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these ToS.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
Section 10 – PERSONAL INFORMATION
Section 11 – CERTAIN USES AND RISKS OF BLOCKCHAIN TECHNOLOGY
Blockalicious and NFTOM utilize cryptographic technologies and blockchain technologies, some of which may be experimental, including tokens, cryptocurrencies, stablecoins, “smart contracts,” consensus algorithms, voting systems and distributed, decentralized or peer-to-peer networks or systems in offering the Services. You acknowledge and agree that such technologies are novel, experimental, and speculative, and that therefore there is significant uncertainty regarding the operation and effects and risks thereof and the application of existing law thereto. The technology utilized in delivering the Services may in whole or part depend on public peer-to-peer networks such as Ethereum that are not under the control or influence of Blockalicious and are subject to many risks and uncertainties. Cryptography is a constantly-progressing field and advances technical advances such as the development of quantum computers or other hacking techniques may present risks to Blockalicious, NFTOM and/or the Services, including the theft, loss or inaccessibility thereof. Blockchain technologies and digital assets are subject to many legal and regulatory uncertainties, and the NFTOM and/or the Services could be adversely impacted by one or more regulatory or legal inquiries, actions, suits, investigations, claims, fines or judgments, which could impede or limit your ability to continue the use and enjoyment of NFTs and/or products from NFTOM.
Section 12 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on NFTOM or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
Section 13 – PROHIBITED USES
In addition to other prohibitions as set forth in the ToS, you are prohibited from using NFTOM or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
Section 14 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of the Services or the Site will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Services or the Site will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the Service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Services or the Site is at your sole risk. The Service and all products and services delivered to you through the Service are (except as expressly stated by us) provided “as is” and “as available” for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Blockalicious, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Services or the Site or any products procured using the Service, or for any other claim related in any way to your use of the Services, the Site or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Services or the Site or any content (or product) posted, transmitted, or otherwise made available via the Services or the Site, even if advised of their possibility.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent such limitations are permitted by law.
Section 15 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Blockalicious and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these ToS or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
Section 16 – SEVERABILITY
In the event that any provision of these ToS is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these ToS. Such determination shall not affect the validity and enforceability of any other remaining provisions.
Section 17 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these ToS for all purposes.
These ToS are effective unless and until terminated by either you or us. You may terminate these ToS at any time only by notifying us that you no longer wish to use our Services and ceasing to use NFTOM.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these ToS, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
Any such termination of these ToS with respect to a one user of the Services shall not impact the survival of these ToS with respect to other users.
Section 18 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these ToS shall not constitute a waiver of such right or provision.
These ToS and any policies or operating rules posted by us on NFTOM or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the ToS).
Any ambiguities in the interpretation of these ToS shall not be construed against the drafting party.
Section 19 – GOVERNING LAW
These ToS and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the state of Illinois and of the United States.
Section 20 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the ToS at any time at this page.
We reserve the right to update, change or replace any part of these ToS by posting updates and changes to NFTOM. It is your responsibility to check NFTOM periodically for changes. Your continued use of or access to NFTOM or the Service following the posting of any changes to these ToS constitutes acceptance of those changes.
Section 21 – CONTACT INFORMATION
Questions about the ToS should be sent to us at email@example.com.