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SCAPE STORE TERMS OF SERVICES

These terms and conditions (“Terms”) govern the use of the Website (defined below) and the Services (defined below). These Terms also include any guidelines, announcements, additional terms, policies, and disclaimers made available or issued by us from time to time. These Terms constitute a binding and enforceable legal contract between us and you, an end user of the services (“you” or“User”) at https://www.seascape.network/ , as well as your purchase, sale, mint, burn, exploit and/or other use of NFTs (defined below) (“Services”). By accessing, using or clicking on our website (and all related subdomains) or its mobile applications (“Website”) and/or exploiting the NFTs, you agree that you have read, understood, and are bound by these Terms and that you comply with the requirements listed herein. If you do not agree to all of these Terms or comply with the requirements herein, please do not access or use the Website, the NFTs or the Services.

We note that Users are entirely responsible for the safety and management of their own wallets and the approval of all transactions generated by this Website. This Website, the NFTs and its Services are provided “as is” and “is available” without any representation or warranty of any kind, whether express or implied. By using this Website, you are accepting sole responsibility for any and all transactions involving the NFTs.

Seascape Networks NFT series

Our goal at Seascape is to morph NFTs (non-fungible tokens) to be true financial assets. Users can mint, stake, and burn them in exchange for Crowns, the official token of the Seascape Network, or other rewards.

Restrictions

You agree that you may not, nor permit any third party to do or attempt to do any of the foregoing without our express prior written consent in each case:
  • modify the Seascape artwork for your NFTs in any way, including, without limitation, the shapes, designs, drawings, attributes, or colour schemes;
  • use the Seascape artwork for your NFTs to advertise, market, or sell any third party product or service;
  • use the Seascape artwork for your NFTs in connection with images, videos, or other forms of media that depict hatred, intolerance, violence, cruelty, or anything else that could reasonably be found to constitute hate speech or otherwise infringe upon the rights of others;
  • use the Seascape artwork for your NFTs in movies, videos, or any other forms of media, except to the limited extent that such use is expressly permitted in these Terms or solely for your own personal, non-commercial use;
  • sell, distribute for commercial gain (including, without limitation, giving away in the hopes of eventual commercial gain), or otherwise commercialize merchandise that includes, contains, or consists of the Seascape artwork for your NFTs, except as expressly permitted in these Terms;
  • attempt to trademark, copyright, or otherwise acquire additional intellectual property rights in or to the Seascape artwork for your NFTs; or
  • otherwise utilize the Seascape artwork for your NFTs for your or any third party’s commercial benefit.

To the extent that art associated with your NFTs contains third party intellectual property rights (e.g., licensed intellectual property from a celebrity, athlete, or other public figure), you understand and agree as follows: (a) that you will not have the right to use such third party intellectual property rights in any way except as incorporated in the art, and subject to the license and restrictions contained herein; (b) that, depending on the nature of the license granted from the owner of the third party intellectual property rights, we may need to pass through additional restrictions on your ability to use the NFTs; and (c) to the extent that we inform you of such additional restrictions in writing (email is permissible), you will be responsible for complying with all such restrictions from the date that you receive the notice, and that failure to do so will be deemed a breach of this license. The restrictions in this section will survive the expiration or termination of these Terms.

Applicable Fees and Payments

Like any transaction on any blockchain, you will need to pay a “gas fee” for every transaction that occurs on the network. If you trade your NFTs on a third party open NFT marketplace, you will also be subject to their terms, which may include the payment of service fees and/or commissions. We encourage all NFT owners to read the terms of service of third party providers.

Other Terms of Licence

The licence granted pursuant to these Terms applies only to the extent that you continue to own the applicable NFT. If at any time you sell, trade, donate, give away, transfer or otherwise dispose of your NFTs for any reason, the licence granted to you will immediately expire with respect to that Scape without the requirement of any notice, and you will have no further rights in or to the art for that applicable Scape.

You agree to hold harmless and indemnify us, our subsidiaries and affiliates and its and theirs 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 Website, or (iii) your violation of applicable laws, rules or regulations in connection with your access to or use of the Website. You agree that we will have control of the defense or settlement of any such claims.

SEASCAPE NFTS ARE INTANGIBLE DIGITAL ASSETS THAT EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED ON THE NETWORK. PLEASE NOTE THAT WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSSES YOU INCUR AS A RESULT OF YOUR USE OF THE NETWORK OR ANY ELECTRONIC WALLET, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM (I) USER ERROR SUCH AS FORGOTTEN PASSWORDS OR INCORRECTLY CONSTRUED SMART CONTRACTS OR TRANSACTIONS; (II) SERVER FAILURE OR DATA LOSS; (III) CORRUPTED WALLET FILES; (IV) UNAUTHORISED ACCESS OR ACTIVITIES BY THIRD PARTIES, INCLUDING BUT NOT LIMITED TO THE USE OF VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK AGAINST THE WEBSITE, THE NETWORK OR YOUR ELECTRONIC WALLET; OR (V) ANY ISSUES WITH THE BLOCKCHAIN SUPPORTING THE NETWORK, INCLUDING FORKS, TECHNICAL NODE ISSUES, OR ANY OTHER ISSUES CAUSING LOSSES TO YOU AS A RESULT.

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 WEBSITE, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, IS LIMITED TO THE AMOUNTS YOU ACTUALLY PAID US UNDER THESE TERMS IN THE TWELVE (6) MONTH PERIOD PRECEDING THE DATE THE CLAIM AROSE. YOU ACKNOWLEDGE AND AGREE THAT WE HAVE MADE THE WEBSITE 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 WEBSITE TO YOU WITHOUT THESE LIMITATIONS.


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