Terms of Service
Updated at 2022-10-11
Please read these Terms of Service (this “Agreement”) carefully. Your use or access of the Site or the Layer 2 Smart Contracts (as defined below) constitutes your consent to this Agreement.
This Agreement is between you (the “User” and collectively with others using the Site — “Users”) and creativity.market, “Creativity Market” or “we”, “our” or “us” and together with you, the “Parties”) concerning your use of (including any access to) the creativity.market websites, currently located at creativity.market, mobile applications, web applications, decentralized applications, layer 2 smart contracts and API located at any of creativity.market websites (together with any materials and services available therein, and successor website(s) or application(s) thereto, the “Site”). This Agreement hereby incorporates by this reference any additional terms and conditions with respect to the Site posted by creativity.market to the Site, or otherwise made available to you by creativity.market.
By connecting to creativity.market and/or By clicking or tapping any button or box marked “accept” or “agree” (or a similar term) in connection with this Agreement, or by accessing or using the App (defined below as the Site and the Layer 2 Smart Contracts), you agree to be bound by this Agreement, a current version of which is available at the Site, and which may be modified from time to time at our sole discretion in accordance with section 3 below.
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE APP, THE LAYER 2 SMART CONTRACTS, OR THE SITE. THESE TERMS GOVERN YOUR USE OF THE APP, THE SMART CONTRACTS, AND THE SITE, UNLESS WE HAVE EXECUTED A SEPARATE WRITTEN AGREEMENT WITH YOU FOR THAT PURPOSE. WE ARE ONLY WILLING TO MAKE THE APP, THE LAYER 2 SMART CONTRACTS, AND THE SITE AVAILABLE TO YOU IF YOU ACCEPT ALL OF THESE TERMS. BY USING THE APP, THE SMART CONTRACTS, THE SITE, OR ANY PART OF THEM, OR BY CLICKING “I ACCEPT” BELOW OR INDICATING YOUR ACCEPTANCE IN AN ADJOINING BOX, YOU ARE CONFIRMING THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY ALL OF THESE TERMS. IF YOU ARE ACCEPTING THESE TERMS ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE LEGAL AUTHORITY TO ACCEPT THESE TERMS ON THAT ENTITY’S BEHALF, IN WHICH CASE “YOU” WILL MEAN THAT ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT ACCEPT ALL OF THESE TERMS, THEN WE ARE UNWILLING TO MAKE THE APP, THE LAYER 2 SMART CONTRACTS, OR THE SITE AVAILABLE TO YOU. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE APP, THE LAYER 2 SMART CONTRACTS, OR THE SITE.
1. The Creativity Market Artworks
Creativity Market (“creativity.market”) is a web interface/platform to interact with the Layer 2 Smart Contract runs on the Avalanche blockchain as the base layer of the application. You affirm that you are aware and acknowledge that creativity.market is a non-custodial provider of software services that has developed this distributed and decentralized environment where the App can be autonomously and directly accessed by the Users without any involvement or actions taken by creativity.market or any third-party.
* Creativity.Market is an open platform for the creation of limited-edition digital items, (“Creativity.Market Artworks). These items include but are not limited to: visual artwork, animations, audio, photographs, videos or other original content.
* The Creativity.Market platform allows users to exchange blockchain-based cryptographic, unique digital items between one another that may contain commercial rights to reproduce the work.
* The Creativity.Market Artworks can then be sold or transferred to other people.
* When a Creativity.Market Artwork is purchased or transferred by a person, the Layer 2 Smart Contract Token that represents it is automatically transferred to the person’s AVAX address.
Owning a creativity.market artwork is analogous to owning a physical artwork, like an original painting or print.
creativity.market attempts our best to make sure that all Creativity.Market Artworks created on the platform are done so by their original creator, but we are not liable if someone breaks our terms and creates items of which they are not the original creator.
2. The App
A. To most easily use the App, you must first install the Google Chrome or Brave web browser. Once you have installed Chrome or Brave, you will need to install a browser extension called Metamask. Metamask is an electronic wallet, which allows you to transfer, store, and engage in transactions using the AVAX cryptocurrency, Avalanche, and layer 2 Smart Contract built on it. You will not be able to engage in any transactions on the App other than through Metamask. The App will only recognize you as a user, and you will only be able to interact with the App, if your Metamask electronic wallet is connected and unlocked through your Metamask extension. There is no other way to sign up as a user, or to interact directly with the App.
B. Transactions that take place on the App are managed and confirmed via the Avalanche blockchain and Layer 2 Smart Contract. You understand that your avalanche address will be made publicly visible whenever you engage in a transaction on the App.
C. We neither own nor control Avalanche, Metamask, Google Chrome, Mozilla Firefox, Opera or any other third party site, product, or service that you might access, visit, or use for the purpose of enabling you to use the various features of the App. We will not be liable for the acts or omissions of any such third parties, nor will we be liable for any damage that you may suffer as a result of your transactions or any other interaction with any such third parties.
3. Modification of Agreement and Transfer
This Agreement may be discretionarily modified or replaced at any time, unless stated otherwise herein. The most current version of this Agreement will be posted on the Site with the “Last Revised” date at the top of the Agreement changed. Any changes or modifications will be effective immediately upon posting the revisions to the Site. You shall be responsible for reviewing and becoming familiar with any such modifications. You waive any right you may have to receive specific notice of such changes or modifications. Use of the App by you after any modification to the Agreement constitutes your acceptance of the Agreement as modified. If you do not agree to the Agreement in effect when you access or use the App, We may, at any time and without liability or prior notice, modify or discontinue all or part of the App (including access to the App via any third-party links). Neither party may assign or transfer any rights or obligations under this Agreement without the prior written consent of the other party, provided that creativity.market may assign this Agreement without your prior consent to any of creativity.market affiliates, or to its successors in interest of any business associated with the services provided by Creativity.Market. This Agreement shall be binding upon the permitted assigns or transferees of each party.
4. Fees, Payments And Royalties
A. If you elect to purchase, trade, or create art on the App, or with or from other users via the App, any financial transactions that you engage in will be conducted solely through the Avalanche blockchain and/or creativity.market Layer 2 Smart Contract network via Metamask (or other Avalanche-compatible wallets and browsers). We will have no insight into or control over these payments or transactions, nor do we have the ability to reverse any transactions. With that in mind, we will have no liability to you or to any third party for any claims or damages that may arise as a result of any transactions that you engage in via the App, or using the Layer 2 Smart Contracts, or any other transactions that you conduct via the Avalanche blockchain, creativity.market platform, or Metamask.
B. Each time you utilize/call a Layer 2 Smart Contract to conduct a transaction with another user via the App, you authorize us to collect a commission of 2% of the total value of that transaction (each, a “Commission”). You acknowledge and agree that the Commission will be transferred directly to us through the Avalanche blockchain and Layer 2 Smart Contract as part of your payment.
C. As between us, you will be solely responsible to pay any and all sales, use, value-added and other taxes, duties, and assessments (except taxes on our net income) now or hereafter claimed or imposed by any governmental authority (collectively, “Taxes”) associated with your use of the App (including, without limitation, any Taxes that may become payable as the result of your ownership, transfer, or creation of any artworks). Except for income taxes levied on creativity.market, you: (i) will pay or reimburse us for all national, federal, state, local or other taxes and assessments of any jurisdiction, including value added taxes and taxes as required by international tax treaties, customs or other import or export taxes, and amounts levied in lieu thereof based on charges set, services performed or payments made hereunder, as are now or hereafter may be imposed under the authority of any national, state, local or any other taxing jurisdiction; and (ii) shall not be entitled to deduct the amount of any such taxes, duties or assessments from payments made to us pursuant to these Terms.
Creators/Artists has the ability to set a percentage from every secondary sale to be transferred directly to their avalanche wallet. You acknowledge and agree that the artwork royalty percentage will be deducted automatically from every secondary sale (when user sells artwork he didn’t created/minted)
5. Ownership; Restrictions
Buying digital art on creativity.market is akin to buying an original painting or print from an artist:
It does not transfer the Artist’s copyright to the Collector, unless it specifically states in the NFT that Full Commercial Rights are granted.
The Collector receives true ownership, that is, he or she acquires the right to display and resell the digital art to another collector if they wish.
But the Artist does not give up copyright, meaning Collector cannot prevent artist from using it for continued commercial work, and Collector has no right to use it for commercial purposes.
A. You acknowledge and agree that we (or, as applicable, our licensors) own all legal right, title and interest in and to all elements of the App.
The graphics, design, systems, methods, information, computer code, software, services, “look and feel”, organization, compilation of the content, code, data, and all other elements of the App (collectively, the “creativity.market Materials”) are owned by Creativity.Market, and are protected by copyright, trade dress, patent, and trademark laws, international conventions, other relevant intellectual property and proprietary rights, and applicable laws. All creativity.market Materials are the copyrighted property of creativity.market or its licensors, and all trademarks, service marks, and trade names contained in the creativity.market Materials are proprietary to Creativity.Market or its licensors. Except as expressly set forth herein, your use of the App does not grant you ownership of or any other rights with respect to any content, code, data, or other materials that you may access on or through the App. We reserve all rights in and to the creativity.market Materials not expressly granted to you in the Terms.
For the sake of clarity, you understand and agree: (i) that your purchase of an artwork is like buying a print or original painting from an artist. It is yours to keep and enjoy, but it does not give you any rights or licenses in or to the artwork (including, without limitation, the copyright in and to the art and drawings associated with it) other than those expressly contained in these Terms; and (ii) that you do not have the right to reproduce, distribute, or otherwise commercialize any elements of the artwork (including, without limitation, the creator’s copyright in and to the art and drawings associated with it) in any way without the creator’s prior written consent in each case, which consent the creator may hold in their sole and absolute discretion, unless Full Commercial Rights are specifically transferred.
B. You may choose to submit comments, bug reports, ideas or other feedback about the App, including without limitation about how to improve the App (collectively, “Feedback”). By submitting any Feedback, you agree that we are free to use such Feedback at our discretion and without additional compensation to you, and to disclose such Feedback to third parties (whether on a non-confidential basis, or otherwise). You hereby grant us a perpetual, irrevocable, non-exclusive, worldwide license under all rights necessary for us to incorporate and use your Feedback for any purpose.
C. You agree that you are responsible for your own conduct while accessing or using the App, and for any consequences thereof. You agree to use the App only for purposes that are legal, proper and in accordance with these Terms and any applicable laws or regulations. By way of example, and not as a limitation, you may not, and may not allow any third party to: (i) send, upload, distribute or disseminate any unlawful, defamatory, harassing, abusive, fraudulent, obscene, or otherwise objectionable content; (ii) undertake any unlawful activity which would violate, or assist in violation of, any law, statute, ordinance, or regulation, sanctions program administred in any relevant country, in any involve proceeds of any unlawful activity; (iii) distribute viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other items of a destructive or deceptive nature; (iv) impersonate another person (via the use of an email address or otherwise); (v) upload, post, transmit or otherwise make available through the App any content that infringes the intellectual proprietary rights of any party; (vi) operate to defraud Creativity Market, other users, or any other person or provide false, inaccurate or misleading information; (vii) use the App to violate the legal rights (such as rights of privacy and publicity) of others; (viii) engage in, promote, or encourage illegal activity (including, without limitation, terrorism, tax evasion or money laundering); (ix) interfere with another individual’s or entity’s access to or use of the App; defame, abuse, extort, harass, stalk, threaten or otherwise violate or infringe the legal rights (such as, but not limited to, rights or privacy, publicity and intellectual property) of others; incite, threaten, facilitate, promote, or encourage hate, racial intolerance or violent acts against others; harvest or otherwise collect information from the App about others, including without limitation email addresses, without proper consent; ; (x) exploit the App for any unauthorized commercial purpose; (xi) modify, adapt, translate, or reverse engineer any portion of the App; (xii) remove any copyright, trademark or other proprietary rights notices contained in or on the App or any part of it; (xiii) reformat or frame any portion of the App; (xiv) display any content on the App that contains any hate-related or violent content or contains any other material, products or services that violate or encourage conduct that would violate any criminal laws, any other applicable laws, or any third party rights; (xv) use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the App or the content posted on the App, or to collect information about its users for any unauthorized purpose; (xvi) create user accounts by automated means or under false or fraudulent pretenses; or (xvii) access or use the App for the purpose of creating a product or service that is competitive with any of our products or services.
You agree that we, in our sole discretion and for any or no reason, may terminate these Terms and suspend and/or block your account(s) for the App. You agree that any suspension or termination of your access to the App may be without prior notice, and that we will not be liable to you or to any third party for any such suspension or termination. If we terminate these Terms or suspend or terminate your access to or use of the App due to your breach of these Terms or any suspected fraudulent, abusive, or illegal activity, then termination of these Terms will be in addition to any other remedies we may have at law or in equity. Upon any termination or expiration of these Terms, whether by you or us, you may no longer have access to information that you have posted on the App or that is related to your account, and you acknowledge that we will have no obligation to maintain any such information in our databases or to forward any such information to you or to any third party. Sections 2.C and 3 through 17 will survive the termination or expiration of these Terms for any reason.
A. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR ACCESS TO AND USE OF THE APP IS AT YOUR SOLE RISK, AND THAT THE APP IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE, OUR SUBSIDIARIES, AFFILIATES, AND LICENSORS MAKE NO EXPRESS WARRANTIES AND HEREBY DISCLAIM ALL IMPLIED WARRANTIES REGARDING THE APP AND ANY PART OF IT (INCLUDING, WITHOUT LIMITATION, THE SITE, ANY LAYER 2 SMART CONTRACT, OR ANY EXTERNAL WEBSITES), INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, CORRECTNESS, ACCURACY, OR RELIABILITY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE, OUR SUBSIDIARIES, AFFILIATES, AND LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (I) YOUR ACCESS TO OR USE OF THE APP WILL MEET YOUR REQUIREMENTS, (II) YOUR ACCESS TO OR USE OF THE APP WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (III) USAGE DATA PROVIDED THROUGH THE APP WILL BE ACCURATE, (IV) THE APP OR ANY CONTENT, SERVICES, OR FEATURES MADE AVAILABLE ON OR THROUGH THE APP ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (V) THAT ANY DATA THAT YOU DISCLOSE WHEN YOU USE THE APP WILL BE SECURE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
B. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET, AND AGREE THAT WE HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY BREACH OF SECURITY UNLESS IT IS DUE TO OUR GROSS NEGLIGENCE.
C. WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSSES YOU INCUR AS THE RESULT OF YOUR USE OF THE AVALANCHE BLOCKCHAIN OR LAYER 2 SMART CONTRACT OF CREATIVITY.MARKET OR THE METAMASK ELECTRONIC WALLET, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (A) USER ERROR, SUCH AS FORGOTTEN PASSWORDS OR INCORRECTLY CONSTRUED SMART CONTRACTS OR OTHER TRANSACTIONS; (B) SERVER FAILURE OR DATA LOSS; © CORRUPTED WALLET FILES; (D) UNAUTHORIZED ACCESS OR ACTIVITIES BY THIRD PARTIES, INCLUDING BUT NOT LIMITED TO THE USE OF VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK AGAINST THE APP, AVALANCHE BLOCKCHAIN, THE METAMASK ELECTRONIC WALLET OR AVAX-COMPATIBLE BROWSER OR WALLET.
D. CREATIVITY.MARKET Items ARE INTANGIBLE DIGITAL ASSETS THAT EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED IN THE AVALANCHE BLOCKCHAIN AND CREATIVITY.MARKET LAYER 2 SMART CONTRACT. ALL SMART CONTRACTS ARE CONDUCTED AND OCCUR ON THE DECENTRALIZED LEDGER WITHIN THE AVALANCHE BLOCKCHAIN. WE HAVE NO CONTROL OVER AND MAKE NO GUARANTEES OR PROMISES WITH RESPECT TO LAYER 2 SMART CONTRACTS or the AVALANCHE BLOCKCHAIN.
E. CREATIVITY.MARKET IS NOT RESPONSIBLE FOR LOSSES DUE TO BLOCKCHAINS OR ANY OTHER FEATURES OF THE AVALANCHE BLOCKCHAIN, CREATIVITY.MARKET LAYER 2 SMART CONTRACT OR THE METAMASK ELECTRONIC WALLET OR ANY AVAX-COMPATIBLE BROWSER OR WALLET, INCLUDING BUT NOT LIMITED TO LATE REPORT BY DEVELOPERS OR REPRESENTATIVES (OR NO REPORT AT ALL) OF ANY ISSUES WITH THE BLOCKCHAIN SUPPORTING THE AVALANCHE BLOCKCHAIN, INCLUDING FORKS, TECHNICAL NODE ISSUES, OR ANY OTHER ISSUES HAVING FUND LOSSES AS A RESULT.
F. TO THE FULLEST EXTENT PERMITTED BY LAW AND NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT OR ANY OTHER AGREEMENT CONTEMPLATED HEREIN OR APPLICABLE PROVISIONS OF LAW OR EQUITY OR OTHERWISE, THE PARTIES HERETO HEREBY AGREE TO ELIMINATE ANY AND ALL FIDUCIARY DUTIES THE CREATIVITY.MARKET MAY HAVE TO THE USER, ITS AFFILIATES, OR THE END USERS OF THE APP OR ITS CONTENT, PROVIDED THAT SUCH EXCLUSION OR LIMITATION OF LIABILITY SHALL NOT EXTEND TO CREATIVITY.MARKET MISAPPROPRIATION OF ASSETS OR FUNDS OF ITS USERS OR ITS AFFILIATES, OR THE END USERS OF THE APP OR CONTENT PROVIDED BY CREATIVITY.MARKET OR OTHER ACTS OR OMISSIONS THAT CONSTITUTE A BAD FAITH VIOLATION OF THE IMPLIED CONTRACTUAL COVENANT OF GOOD FAITH AND FAIR DEALING.
8. Limitation of Liability
A. YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE APP. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE APP MAY NOT BE SECURE AND MAY BE INTERCEPTED OR LATER ACQUIRED BY UNAUTHORIZED PARTIES. YOU UNDERSTAND AND AGREE THAT WE, OUR SUBSIDIARIES, AFFILIATES, AND LICENSORS WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES WHICH YOU MAY INCUR, HOWSOEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF PROFITS (WHETHER INCURRED DIRECTLY OR INDIRECTLY), LOSS OF GOODWILL OR BUSINESS REPUTATION, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR ANY OTHER INTANGIBLE LOSS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
B. YOU AGREE THAT OUR TOTAL, AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR ACCESS TO OR USE OF (OR YOUR INABILITY TO ACCESS OR USE) ANY PORTION OF THE APP, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, IS LIMITED TO THE GREATER OF (A) THE AMOUNTS YOU ACTUALLY PAID CREATIVITY.MARKET UNDER THESE TERMS IN THE 12 MONTH PERIOD PRECEDING THE DATE THE CLAIM AROSE, OR (B) $100.
C. YOU ACKNOWLEDGE AND AGREE THAT WE HAVE MADE THE APP AVAILABLE TO YOU AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN, WHICH REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN THE PARTIES AND FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN US. WE WOULD NOT BE ABLE TO PROVIDE THE APP TO YOU WITHOUT THESE LIMITATIONS.
9. Assumption of Risk
You accept and acknowledge each of the following:
A. The prices of blockchain assets are extremely volatile. Fluctuations in the price of other digital assets could materially and adversely affect the value of your Creativity.Market Items, which may also be subject to significant price volatility. We cannot guarantee that any purchasers of Creativity.Market Items will not lose money. You also acknowledge that the cost of transacting on such technologies is variable and may increase at any time causing impact to any activities taking place on the Avalanche blockchain. You acknowledge these risks and represent that Creativity.Market cannot be held liable for such fluctuations or increased costs.
B. You are solely responsible for determining what, if any, taxes apply to your Creativity.Market-related transactions. Creativity.Market is not responsible for determining the taxes that apply to your transactions on the App.
C. The App does not store, send, or receive Creativity.Market Items. This is because Creativity.Market Items exist only by virtue of the ownership record maintained on the App’s supporting blockchain in the Avalanche blockchain and on the layer 2 smart contract platform via the layer 2 smart contract. Any transfer of creativity.market Items occurs within the supporting blockchain in the Avalanche blockchain and Layer 2 smart contract, and not on the App.
D. There are risks associated with using an Internet-based 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 wallet. You accept and acknowledge that Creativity.Market will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the Avalanche blockchain or Metamask Electronic Wallet, however caused.
E. A lack of use or public interest in the creation and development of distributed ecosystems could negatively impact the development of the Creativity.Market ecosystem, and therefore the potential utility or value of Creativity.Market Items.
F. The App, AVAX, digital artworks, and other digital assets could be impacted by one or more regulatory inquiries or regulatory action, which could impede or limit the ability of Creativity.Market to continue to develop, or which could impede or limit your ability to access or use the App or Avalanche blockchain and or The Smart Contract, including access to your digital assets or other funds, and new regulations or policies may materially adversely affect the development of the Creativity.Market ecosystem, and therefore the potential utility or value of Creativity.Market.
G. Upgrades by Avalanche Blockchain, a hard fork in Avalanche, or a change in how transactions are confirmed on the Avalanche blockchain may have unintended, adverse effects on all layer 2 smart contracts using the Avalanche blockchain, including the Creativity.Market ecosystem.
H. You acknowledge and understand that Cryptography is a progressing field. Advances in code cracking or technical advances such as the development of quantum computers may present risks to cryptocurrencies, digital assets and the App, which could result in the theft or loss of your digital assets or Creativity.Market items. To the extent possible, it is intended to update the protocol underlying the App to account for any advances in cryptography and to incorporate additional security measures, but does not guarantee or otherwise represent full security of the system. By using the App, you acknowledge these inherent risks.
I. You acknowledge that the App is subject to flaws and acknowledge that you are solely responsible for evaluating any code provided by the App. This warning and others provided in this Agreement by Creativity.Market in no way evidence or represent an ongoing duty to alert you to all of the potential risks of utilizing or accessing the App.
J. Any use or interaction with the App requires a comprehensive understanding of applied cryptography and computer science in order to appreciate inherent risks, including those listed above. You represent and warrant that you possess relevant knowledge and skills. Any reference to a type of digital asset on the App does not indicate our approval or disapproval of the underlying technology regarding such type of digital asset, and should not be used as a substitute for your own understanding of the risks specific to each type of digital asset. We make no warranty as to the suitability of the digital assets referenced on the App and assume no fiduciary duty in our relations with you.
K. Use of the App, in particular for creating, buying or selling trading digital assets, may carry financial risk. digital assets are, by their nature, highly experimental, risky, volatile and transactions carried through the App are irreversible, final and there are no refunds. You acknowledge and agree that you will access and use the App at your own risk. The risk of loss in trading digital assets can be substantial. You should, therefore, carefully consider whether such creating, buying or selling digital assets is suitable for you in light of your circumstances and financial resources. By using the App, you represent that you have been, are and will be solely responsible for making your own independent appraisal and investigations into the risks of a given transaction and the underlying digital assets. You represent that you have sufficient knowledge, market sophistication, professional advice and experience to make your own evaluation of the merits and risks of any transaction conducted via the App or any underlying digital asset. You accept all consequences of using the App, including the risk that you may lose access to your digital assets indefinitely. All transaction decisions are made solely by you. Notwithstanding anything in this Agreement, we accept no responsibility whatsoever for and will in no circumstances be liable to you in connection with use of the App for performing digital asset transactions. Under no circumstances will the operation of all or any portion of the App be deemed to create a relationship that includes the provision or tendering of investment advice.
L. You are aware of and accept the risk of operational challenges. The App may experience sophisticated cyber-attacks, unexpected surges in activity or other operational or technical difficulties that may cause interruptions to or delays on the App. You agree to accept the risk of the App failure resulting from unanticipated or heightened technical difficulties, including those resulting from sophisticated attacks, and you agree not to hold us accountable for any related losses. We will not bear any liability, whatsoever, for any damage or interruptions caused by any viruses that may affect your computer or other equipment, or any phishing, spoofing or other attack. We advise the regular use of a reputable and readily available virus screening and prevention software. We do not guarantee that the App is or will remain updated, complete, correct or secure, or that access to the App will be uninterrupted. The App may include inaccuracies, errors and materials that violate or conflict with this Agreement. Additionally, third parties may make unauthorized alterations to the App or the software underlying the App. Accordingly, you should verify all information on the App before relying on it, and all decisions based on information contained on the App are your sole responsibility and we will have no liability for such decisions.
You agree to indemnify, defend and hold harmless Creativity.Market and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners from and against any claim, liability, loss, damage (actual and consequential) of any kind or nature, suit, judgment, litigation cost, and attorneys’ fees arising out of or in any way related to (i) your breach of these Terms, (ii) your misuse of the App, (iii) your violation of applicable laws, rules, regulations or the rights of any third party and (iv) any of your acts or omissions that implicate publicity rights, defamation or invasion of privacy in connection with your access to or use of the App. Creativity.Market reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with Creativity.Market in the defense of such matter.
11. External Sites
The App may include hyperlinks to other websites or resources (collectively, “External Sites”), which are provided solely as a convenience to our users. We have no control over any External Sites. You acknowledge and agree that we are not responsible for the availability of any External Sites, and that we do not endorse any advertising, products or other materials on or made available from any External Sites. Furthermore, you acknowledge and agree that we are not liable for any loss or damage which may be incurred as a result of the availability or unavailability of the External Sites, or as a result of any reliance placed by you upon the completeness, accuracy or existence of any advertising, products or other materials on, or made available from, any External Sites.
12. Changes to the Terms
We may make changes to the Terms from time to time. When we make changes, we will make the updated Terms available on the App and update the “Last Updated” date at the beginning of these Terms accordingly. Please check these Terms periodically for changes. Any changes to the Terms will apply on the date that they are made, and your continued access to or use of the App after the Terms have been updated will constitute your binding acceptance of the updates. If you do not agree to any revised Terms, you may not access or use the App.
You affirm that you are over the age of 13, as the App is not intended for children under 13. IF YOU ARE 13 OR OLDER BUT UNDER THE AGE OF 18, OR THE LEGAL AGE OF MAJORITY WHERE YOU RESIDE IF THAT JURISDICTION HAS AN OLDER AGE OF MAJORITY, THEN YOU AGREE TO REVIEW THESE TERMS WITH YOUR PARENT OR GUARDIAN TO MAKE SURE THAT BOTH YOU AND YOUR PARENT OR GUARDIAN UNDERSTAND AND AGREE TO THESE TERMS. YOU AGREE TO HAVE YOUR PARENT OR GUARDIAN REVIEW AND ACCEPT THESE TERMS ON YOUR BEHALF. IF YOU ARE A PARENT OR GUARDIAN AGREEING TO THE TERMS FOR THE BENEFIT OF A CHILD OVER 13, THEN YOU AGREE TO AND ACCEPT FULL RESPONSIBILITY FOR THAT CHILD’S USE OF THE APP, INCLUDING ALL FINANCIAL CHARGES AND LEGAL LIABILITY THAT HE OR SHE MAY INCUR.
While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you (“Personal Data”). Personally identifiable information may include, but is not limited to:
First name and last name
Cookies and Usage Data
Avalanche wallet address
Discord account name and number
We may also collect information how the Service is accessed and used (“Usage Data”). This Usage Data may include information such as your computer’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
Tracking & Cookies Data
Cookies are files with small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Tracking technologies also used are beacons, tags, and scripts to collect and track information and to improve and analyze our Service.
You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.
Examples of Cookies we use:
Session Cookies. We use Session Cookies to operate our Service.
Preference Cookies. We use Preference Cookies to remember your preferences and various settings.
Security Cookies. We use Security Cookies for security purposes.
Use of Data
Creativity.Market uses the collected data for various purposes:
To provide and maintain the Service
To notify you about changes to our Service
To allow you to participate in interactive features of our Service when you choose to do so
To provide customer care and support
To provide analysis or valuable information so that we can improve the Service
To monitor the usage of the Service
To detect, prevent and address technical issues
Transfer Of Data
Your information, including Personal Data, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.
Disclosure Of Data
Creativity.Market may disclose your Personal Data in the good faith belief that such action is necessary to:
To comply with a legal obligation
To protect and defend the rights or property of Creativity Market
To prevent or investigate possible wrongdoing in connection with the Service
To protect the personal safety of users of the Service or the public
To protect against legal liability
Security Of Data
The security of your data is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.