User Agreement
Terms and Conditions of 1Box NFT Marketplace
LAST REVISED: Sep 17th, 2021
1. Introduction
Welcome to the 1Box NFT Marketplace (“Company”, “we”, “us”, or “our”). These Terms and Conditions (“NFT Terms”) constitute a legally binding agreement between 1Box Operators and each registered or unregistered end user (each, a “User”, “you” or “your”) of the 1Box NFT Marketplace located at https://www.1boxnft.com/ or such other URLs as may be designated by Company from time to time, as well as any mobile apps or other related services or applications thereto (collectively, the “NFT Marketplace”). By accessing, downloading, using or signing in with your preferred wallet to accept any 1Box Services (as defined below) provided by 1Box (as defined below), you agree that you have read, understood and accepted all of the terms and conditions (“TnC”) stipulated in these Terms of Use (hereinafter referred to as “these Terms”) as well as our Privacy Policy. In addition, when using some features of the Services, you may be subject to specific additional terms and conditions applicable to those features.
1.1 Acceptance of NFT Terms; Modification of NFT Terms
1Box refers to an ecosystem comprising 1Box websites (whose domain names include but are not limited to https://www.1boxnft.com/, mobile applications, clients, applets and other applications that are developed to offer 1Box Services, and includes independently-operated platforms, websites and clients within the ecosystem. In case of any inconsistency between relevant terms of use of the above platforms and the contents of these Terms, the respective applicable terms of such platforms shall prevail.
1Box Services refer to service allow you to sell and purchase Crypto Assets (as defined below) through a set price. This service is provided to you by 1Box that are based on Internet and/or blockchain technologies and offered through 1Box websites, mobile applications, clients and other forms. 1Box Services include but are not limited to 1Box ecosystem components as The NFT Marketplace, Academy, Charity, Information, Research, Chain, existing services and novel services to be provided by 1Box.
1Box Operators refer to all parties that run 1Box, including but not limited to legal persons, unincorporated organizations and teams that provide 1Box Services and are responsible for such services. For convenience, unless otherwise stated, references to “1Box”, “Company”, “we”, “our” or “us” in these Terms specifically mean 1Box Operators. Under these Terms, 1Box Operators may change as 1Box’s business adjusts, in which case, the changed operators shall perform their obligations under these Terms with you and provide services to you, and such change does not affect your rights and interests under these Terms. Additionally, the scope of 1Box Operators may be expanded due to the provision of new 1Box Services, in which case, if you continue to use 1Box Services, it is deemed that you have agreed to jointly execute these Terms with the newly added 1Box Operators. In case of a dispute, you shall determine the entities by which these Terms are performed with you and the counterparties of the dispute, depending on the specific services you use and the particular actions that affect your rights or interests.
Digital Currencies refer to encrypted or digital tokens or cryptocurrencies with a certain value that are based on blockchain and cryptography technologies and are issued and managed in a decentralized form.
Digital Assets refer to unique non-fungible tokens, implemented on the BNB blockchain using smart contracts. NFT metadata is stored on the AWS Cloud.
Users’ Accounts refer to the foundational virtual accounts, including main accounts and subaccounts, which are opened by 1Box for Users to record on 1Box their usage of 1Box Services, transactions, asset changes and basic information. Users’ Accounts serve as the basis for users to enjoy and exercise their rights on 1Box.
1.2. Changes to These Terms
Please carefully review these Terms.
1.2.1 Account Registration and Communication Preferences
If you wish to participate in opening an account on 1Box, you will need to sign up for an account on the Service (“Account”) by signing in with your preferred wallet (connecting your wallet like MetaMask).
By completing the account registration process, you agree to (a) maintain the security of your password and accept all risks of unauthorised access to your Account and the information you provide to us, and (b) immediately notify us if you discover or otherwise suspect any security breaches related to the Service, or your Account, and (c) sign in or try to sign in to access the Service through unauthorised third-party applications or clients.
And by using our services and/or purchasing crypto assets, you are deemed to have read, accepted, executed and agree to be bound by these Terms and all of the terms incorporated herein by reference. We may change or amend the NFT Marketplace or these Terms at any time at our sole and absolute discretion. Any changes to these Terms will be in effect as of the “LAST REVISED” date referred to at the top of this page. You acknowledge and agree that the form and nature of the NFT Marketplace, and any part of it, may change from time to time without prior notice to you, and that we may add new or remove existing features and change any part of the NFT Marketplace.
If any provision of these NFT terms or any future changes are unacceptable to you, do not use or continue to use the NFT marketplace. Your continued use of the NFT marketplace following the posting of any notice of any change to these Terms of service shall constitute your acceptance and agreement to such change.
You must provide all equipment and software necessary to connect to 1Box Services, including but not limited to, a mobile device that is suitable to connect with and use 1Box Services, in cases where 1Box
services offer a mobile component. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing the services.
1.3. Prohibition of Use
During the use of 1Box Services, all activities you carry out should comply with the requirements of applicable laws and regulations, these Terms, and various guidelines of 1Box.
1Box reserves the right to choose markets and jurisdictions to conduct business, and may restrict or refuse, in its discretion, the provision of 1Box Services in certain countries or regions.
Your use of 1Box Services should not violate public interests, public morals, or the legitimate interests of others, including any actions that would interfere with, disrupt, negatively affect or prohibit other Users from using 1Box Services.
Without prior written consent from 1Box, you may not modify, replicate, duplicate, copy, download, store, further transmit, disseminate, transfer, disassemble, broadcast, publish, remove or alter any copyright statement or label, or license, sub-license, sell, mirror, design, rent, lease, private label, grant security interests in the properties or any part of the properties or create their derivative works or otherwise take advantage of any part of the properties.
1.4 Ownership
Provided that you constantly comply with the express TnC stated in these Terms, we grant you a revocable, limited, royalty-free, non-exclusive, non-transferable, and non-sublicensable license to access and use 1Box Services through your computer or Internet compatible devices for your personal/internal purposes. You are prohibited to use 1Box Services for commercial purposes, including transactions on behalf of other persons or entities. All the above actions are expressly prohibited and constitute a material violation of these Terms. The content layout, format, function and access rights regarding 1Box Services should be stipulated in the discretion of 1Box. 1Box reserves all rights not expressly granted in these Terms. Therefore, you are hereby prohibited from using 1Box Services in any way not expressly authorized by these Terms.
These Terms only grant a limited license to access and use 1Box Services. Therefore, you hereby agree that when you use 1Box Services, 1Box does not transfer 1Box Services or the ownership or intellectual property rights of any 1Box intellectual property to you or anyone else.
Unless otherwise indicated in writing by us, 1Box Services and all Content and other materials contained therein, including, without limitation, all the text, graphics, user interfaces, visual interface, photos, pictures, sounds, sound files, process flow diagrams, computer code (including html code), programs, software, products, information, data and documents, as well as the logo, all designs, structure, selection, coordination, expression, look and feel, other files and the selection and arrangement, and layout of any content included in the services or provided through 1Box Services thereof (collectively, “Content”) are the proprietary property of 1Box or our affiliates, licensors or users, as applicable.
1Box owns any feedback, suggestions, ideas, materials or other information (hereinafter collectively referred to as “Feedback”) about 1Box or 1Box Services that you provide through email, 1Box Services or other ways. You hereby transfer all rights, ownership and interests of the Feedback and all related intellectual property rights to us. You have no right and hereby waive any request for acknowledgment or compensation based on any Feedback, or any modifications based on any Feedback.
Notwithstanding anything to the contrary in these Terms, the 1Box Services and Content may include software components provided by 1Box 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 1Box logo and any 1Box product or service names, logos or slogans that may appear on the Service or Service are trademarks of 1Box or our affiliates and may not be copied, imitated or used, in whole or in part, without our prior written permission.
2. Overview of the NFT Marketplace
1Box is a platform and not a financial institution, broker or creditor. We are an administrative platform.
The NFT Marketplace provides you with the opportunity to create, sell, purchase, bid on, collect, trade, showcase and otherwise transact digital blockchain collectibles, which may be represented as a non-fungible token (“NFT”) linked with certain digital media and art (“NFT Media”). We facilitate transactions between buyer and seller of an NFT. We collect revenue on the NFT Marketplace through transaction fees and other applicable fees which we display when you interact with the NFT Marketplace. For the avoidance of doubt, NFTs transacted on the NFT Marketplace are considered Digital Assets. Company reserves the right to be the final decision maker on any disputes arising from purchases through the NFT Marketplace, including in connection with any auctions or other purchase methods.
2.1. NFT Sellers:
By creating, providing or selling an NFT through the NFT Marketplace, you hereby represent and warrant that you own all legal right, title and interest in all intellectual property rights to the NFT Media linked or associated with such NFT, or you are legally authorised by the intellectual property owner to create, provide or sell the NFT on the NFT Marketplace. Except for NFTs created on the NFT Marketplace, in order to list any NFT for sale on the NFT Marketplace, you must first deposit the NFT for sale for custody with Company until such time as the NFT is sold or you decide to remove the NFT from the NFT Marketplace. For clarity, Company has no obligation or liability to you for keeping, storing, or helping you recover any NFT Media associated with your NFTs.
2.2. NFT Buyers:
When you purchase an NFT, you own the NFT that is associated with certain NFT Media, but you do not own any intellectual property rights in such NFT Media except for the license grants expressly set forth herein. In certain cases, we may help to evaluate or provide you with information about a seller of an NFT. However, such information is provided for informational purposes only. You bear full responsibility for verifying the authenticity, legitimacy, identity of any NFT you purchase on the NFT Marketplace. We make no guarantees or promises about the identity, legitimacy, or authenticity of any NFT on the NFT Marketplace.
2.3. Fees
You, the seller, agree to pay 1Box a 3% fee on each sale.
1Box may, in its discretion, update the fees at any time. Any updated fees will apply to any transactions that occur following the effective date of the updated fees.
3. License to Your Content
In connection with your use of the NFT Marketplace, you may be able to post, upload, or submit content to be made available through the NFT Marketplace, including NFT Media that is tied to NFTs you wish to sell on the NFT Marketplace as a seller, and any other content associated with your NFTs (“Your Content”). You retain all rights to Your Content you post, upload, submit, or otherwise made available through the NFT Marketplace, except for rights expressly granted herein. In order to operate the NFT Marketplace, we must obtain from you certain license rights in Your Content so that actions we take in operating the NFT Marketplace are not considered legal violations. Accordingly, by using the NFT Marketplace and uploading Your Content or otherwise made Your Content available, you grant us a license to access, use, host, cache, store, copy, reproduce, transmit, display, publish, distribute, adapt and modify (for technical purposes, e.g., making sure content is viewable on smartphones as well as computers and other devices) Your Content in any and all media or distribution methods (now know or later developed) but solely as required to be able to operate and provide services of the NFT Marketplace. You agree that this license includes the right for us to provide, promote, and improve the NFT Marketplace and to make Your Content available to other companies, organizations or individuals for the distribution, promotion or publication of Your Content on other media and services. You agree that these rights and licenses are royalty free, transferable, sub-licensable, worldwide and irrevocable (for so long as Your Content is stored with us), and include a right for us to make Your Content available to, and pass these rights along to, others with whom we have contractual relationships related to the provision of the NFT Marketplace, and solely for purpose of providing the NFT Marketplace, and to otherwise permit access to disclose Your Content to third parties if we determine such access is necessary to comply with our legal obligations.
As part of the foregoing license grant you agree that the other Users of the NFT Marketplace shall have the right to comment on and/or tag Your Content and/or to use, publish, display, modify or include a copy of Your Content as part of their own use of the NFT Marketplace; except that the foregoing shall not apply to any of Your Content that you post privately for non-public display on the NFT Marketplace. By posting or submitting Your Content to the NFT Marketplace, you represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein for Your Content. You agree that Your Content will not contain material subject to copyright or other proprietary rights, unless you have the necessary permission or are otherwise legally entitled to post the material and to grant us the license described above.
If you sell an NFT through the NFT Marketplace, you grant to the buyer of the NFT a worldwide, non-exclusive, non-transferable, royalty-free license to use, copy, and display the NFT Media for such purchased NFT, solely for the following purposes: (a) for the buyer’s own personal use; (b) as part of a marketplace that permits the purchase and sale of such NFTs, provided that the marketplace cryptographically verifies each NFT’s owner’s rights to display the NFT Media for their NFTs to ensure that only the actual owner can display the NFT Media; or (c) as part of a third party website or application that permits the inclusion, involvement, or participation of your NFT, provided that the website/application cryptographically verifies each NFT’s owner’s rights to display the NFT Media for their NFTs to ensure that only the actual owner can display the NFT Media, and provided that the NFT Media is no longer visible once the owner of the NFTs leaves the website/application (the “NFT Purchase License”).
If you are a buyer of NFTs, then you acknowledge and agree that the NFT Purchase License set forth above only lasts as long as you are the valid owner and holder of the NFT associated with the licensed NFT Media. If you sell or transfer the NFT to another person, this NFT Purchase License will transfer to such other owner or holder of the NFT, and you will no longer have the benefits of such NFT Purchase License. Unless otherwise specified by seller of an NFT in writing, your purchase of an NFT does not give you the right to publicly display, perform, distribute, sell or otherwise reproduce the NFT or its related NFT Media for any commercial purpose.
If you sell an NFT, you agree that you will not have any claims against Company for any breach of these NFT Terms by a purchaser, including if they make commercial use of the related NFT Media in breach of these NFT Terms.
We have the right to remove or refuse to post any of Your Content, including NFTs, (a) for any or no reason in our sole discretion; and (b) take any action with respect to Your Content that we deem necessary or appropriate in our sole discretion, including if we believe that Your Content violates these NFT Terms, infringes any intellectual property right of any person or entity, threatens the personal safety of Users of the NFT Marketplace or the public or could create liability for Company or other Users.
4. Specific Terms for the Premium Creators
As part of the NFT Marketplace, Company offers a platform which only allows prestige creators that are approved by Company (“Premium Creators”) to create and sell NFTs (the “Creator’s NFTs”) associated with their original NFT Media (the “Creator’s NFT Media”). Company may enter into a written agreement with any Premium Creator (a “agreement”) setting terms for using the Platform as a Premium Creator. If there is a conflict between an agreement and these Terms, the provisions of the agreement shall prevail.
Creators hereby grants to Company a irrevocable and exclusive right and license to use, reproduce, display the Creator’s NFT Media in connection with the promotion of the Creator’s NFT Media, the Creator’s NFTs and the NFT Marketplace. For clarity, unless otherwise specified in an agreement, the exclusive license granted above means that Creators cannot itself, or grant to any other party any right to, use, reproduce, display the Creator’s NFT Media in connection with non-fungible tokens or any other blockchain collectibles, platforms or services.
In order for Company to exercise its rights to the Creator’s NFT Media, creators will provide Company with high-resolution images and other embodiments of such NFT Media as reasonably requested by Company. Company shall have the sole control over the promotion and marketing of the Creator’s NFTs, including the sole discretion to select certain Creator’s NFTs or creators to participate in events hosted by Company. As reasonably requested by Company, creator will support Company in the promotion or marketing of the Creator’s NFTs through participation in the marketing activities as agreed upon by the parties in an agreement. In connection with the promotion of the Creator’s NFTs, creator hereby grants Company a right to use the name, image, photo, biography, signature and likeness of the creators solely in connection with the marketing and promotion of the Creator’s NFTs.
Creators will not engage in any promotion or marketing of Company, the NFT Marketplace, or any Creator’s NFTs in a manner that is misleading or deceptive or not in compliance with applicable law. Creators must disclose any material connection between creators and Company in any such promotion in a clear and conspicuous manner, including in close proximity to any such marketing statements. Creators will not promote or market the Creator’s NFTs in a manner intended to give buyers the impression that such NFTs are investment products or that they can expect capital appreciation or derive profits from purchase of such NFTs, or indicate that such NFTs may be characterised as securities or any other form of regulated investment product in any applicable jurisdiction.
If requested by Company, Creators will reasonably cooperate with Company to validate the authenticity of the Creator’s NFTs and the Creator’s NFT Media.
For the avoidance of doubt, any use of or interaction with the Platform by any user (including a premium creator) is governed by terms in this Section and the rest of these Terms not in direct contradictory with terms in this Section.
5. User Conduct
You agree that you will not violate any law, contract, intellectual property or other third party right, and that you are solely responsible for your conduct, while accessing or using the Service or participating in the Auction.
5.1. Eligibility
You represent and warrant that (a) as an individual, you are at least 18 or are of legal age to form a binding contract under applicable laws; (b) as an individual, legal person, or other organization, you have full legal capacity and sufficient authorizations to enter into these Terms; (c) you have not been previously suspended or removed from using 1Box Services; (d) you do not currently have a 1Box Account; (e) **you have not been included in any trade embargoes or economic sanctions list (such as the United Nations security council sanctions list), the list of specially designated nationals maintained by The Office of Foreign Assets Control of the U.S. Department of the treasury, or the denied persons or entity list of the U.S. Department of commerce.**If you act as an employee or agent of a legal entity, and enter into these Terms on their behalf, you represent and warrant that you have all the necessary rights and authorisations to bind such legal entity; (f) your use of 1Box Services will not violate any and all laws and regulations applicable to you, including but not limited to regulations on anti-money laundering, anti-corruption, and counter-terrorist financing.
5.2 Unacceptable conduct
You agree that you will abide by these Terms and will not:
Provide false or misleading information to 1Box;
Upload content which you have no copyrights for;
Upload illegal content like (a) Child pornography or child abuse; (b) Content that shows extreme sexual violence or materials that are overly violent; (c) Materials that provoke the viewer into committing crimes and carrying out violent acts. This might be material that instructs, promotes or incites violent acts; (d) Content that promotes terrorism or encourages terrorist acts; (e) Content you don't have copyrights for.
Use or attempt to use another user’s Account without authorization from such user and 1Box;
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 bypass any content-filtering techniques Company employ, or attempt to access any feature or area of the Service that you are not authorized to access;
Use any web crawlers, bots, robot, seep linking, spider, crawler, scraper, script, browser extension, offline reader or other automated devices, programs, scripts, algorithms, any means or interface not authorised by us to access the Service, extract data or otherwise interfere with or modify the rendering of Service pages or functionality;
Use data collected from our Service to contact individuals, companies, or other persons or entities;
Use data collected from our Service for any direct marketing activity (including without limitation, email marketingand direct marketing);
Bypass or ignore instructions that control all automated access to the Service;
Use 1Box service for any illegal or unauthorised purpose, or engage in, encourage or promote any activity that violates these Terms; or
Use the service to carry out any illegal activities, including but not limited to money laundering, terrorist financing or deliberately engaging in activities designed to adversely affect the performance of the company.
5.3 User under 18
1Box provides a platform to create non-fungible tokens and facilitates trade to buyers and sellers. 1Box is a community driven and dedicate to provide an honest, safe and secure environment. Company requires all users to be 18 years old or above. If you are not, you may ask your parents, but only with involvement of the account holder, who is responsible for everything done with that account. If you are a parent or guardian and you are aware that your child has provided us with personal information, please email to: info@1boxnft.com with user’s avatar name and related digital wallet address so that we will be able to do necessary actions.
6. Copyright Policy
Company may, but is not obligated to, monitor the NFTs, NFT Media and Your Content uploaded to the NFT Marketplace for any infringement of a third party’s intellectual property rights. However, Company cannot undertake to review all such content before it is posted on the Service, and cannot ensure prompt removal of objectionable content after it has been posted. Accordingly, Company assumes no liability for any action regarding transmissions, communications, or content provided by any user or third party. If you believe that any text, graphics, photos, audio, videos or other materials or works uploaded, downloaded or appearing on the Services have been copied in a way that constitutes copyright infringement, you may submit a notification to info@1boxnft.com, by providing the following information in writing:
identification of the copyrighted work that is claimed to be infringed;
identification of the allegedly infringing material that is requested to be removed, including a description of where it is located on the NFT Marketplace;
information for our representative to contact you, such as telephone number and/or e-mail address;
a statement that you have a good faith belief that the identified, allegedly infringing use is not authorized by the copyright owners, its agent or the law;
a statement that the information above is accurate, and under penalty of perjury, that you are the copyright owner or the authorized person to act on behalf of the copyright owner; and
the physical or electronic signature of a person if you are authorized to act on behalf of the owner of the copyright or of an exclusive right that is allegedly infringed.
Notices of copyright infringement claims should be sent by e-mail to info@1boxnft.com. It is our policy, in appropriate circumstances and at our discretion, to disable or terminate the accounts of users who repeatedly infringe copyrights or intellectual property rights of others.
Any user of the NFT Marketplace who has uploaded or posted materials identified as infringing as described above may supply a counter-notification. When we receive a counter- notification, we may reinstate the posts or material in question, in our sole discretion. To file a counter-notification with us, you must provide a written communication (by email) that sets forth:
your avatar name, digital wallet address, telephone number, e-mail address and physical or electronic signature;
identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; and
a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
Please note that you will be liable for damages if you materially misrepresent that content or an activity is not infringing the copyrights of others.
7. Verification and Payment
There is electronic wallet, which allow you to purchase, store, and engage in transactions using cryptocurrency. Before putting up your unique digital asset or to purchase a unique digital asset from another user, We will ask you to connect to a digital wallet (e.g. MetaMask). Once you submit an item to sell or purchase a unique digital asset, your order is passed on to the applicable extension, which completes the transaction on your behalf.
All transactions are facilitated and run by third-party electronic wallet extensions like MetaMask as mentioned. By using our services, you agree that you are governed by the terms of service of the applicable extensions. For MetaMask, terms are available at https://metamask.io/terms.html. Please check their individual terms and conditions.
When you make purchases through the NFT Marketplace, including, without limitation, any purchase for NFTs, you must provide and maintain valid payment information in connection with your user Account with us. You represent and warrant that you are authorised to use the payment method you use through the NFT Marketplace to make any purchase. You authorize us to charge your payment method for the total amount of your purchase price. Your order may be suspended or cancelled for any reason, including if the payment method cannot be verified, is invalid or is otherwise not acceptable.
We have no liability to you or to any third party for any claims or damages that may arise as a result of any payments or transactions that you engage in through the NFT Marketplace, or any other payment or transactions that you conduct through the NFT Marketplace. We do not provide refunds for any purchases that you might make on or through the NFT Marketplace – whether for NFTs or anything else.
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 associated with your use of the NFT Marketplace or NFTs, except for income taxes levied on us as a result of such purchases of NFTs.
8. Termination of Agreement
8.1. Suspension of user Accounts
You agree that 1Box shall have the right to immediately suspend your user Account (and any accounts beneficially owned by related entities or affiliates) and suspend your access to 1Box for any reason including if 1Box suspects any such accounts to be in violation of these Terms, our Privacy Policy, or any applicable laws and regulations. You agree that 1Box shall not be liable to you for any permanent or temporary modification of your user Account, or suspension or termination of your access to all or any portion of 1Box Services. 1Box shall reserve the right to keep and use the transaction data or other information related to such user Accounts. The above account controls may also be applied in the following cases:
The user Account is subject to a governmental proceeding, criminal investigation or other pending litigation;
We detect unusual activities in the user Account;
We detect unauthorised access to the user Account;
We are required to do so by a court order or command by a regulatory/government authority;
We may require you to provide additional information and documents at the request of any competent authority or in case of application of any applicable law or regulation, including laws related to anti-laundering (legalisation) of incomes obtained by criminal means, or for counteracting financing of terrorism;
We may 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; or
Transactions affected through your Account were affected in breach of these Terms.
8.2. Cancellation of user Accounts
In case of any of the following events, 1Box shall have the right to directly terminate these Terms by cancelling your user Account, and shall enjoy the right but not the obligation to permanently freeze (cancel) the authorisations of your user Account on 1Box and withdraw the corresponding user Account thereof:
after 1Box terminates services to you;
you allegedly register or register in any other person’s name as a 1Box User again, directly or indirectly;
the information that you have provided is untruthful, inaccurate, outdated or incomplete;
when these Terms are amended, you state your unwillingness to accept the amended Terms by applying for cancellation of your user Account or by other means;
you request that 1Box Services be terminated; and
any other circumstances where 1Box deems it should terminate 1Box Services.
Should your user Account be terminated, the account and transactional information that meet data retention standards will be securely stored for 7 years. In addition, if a transaction is unfinished during the account termination process, such as during auction, 1Box shall have the right to notify your counterparty of the situation at that time and not to proceed such transaction. You acknowledge that a user-initiated account exit (right to erasure under General Data Protection Regulation or other equivalent regulations) will also be subjected to the termination protocol stated above. If 1Box is informed that any Digital Assets held in your user account or 3rd party digital wallet are stolen or otherwise are not lawfully possessed by you, 1Box may, but has no obligation to, place an administrative suspension on your user Account. If 1Box does lay down an administrative suspension on your user Account, 1Box may continue such hold until such time as the dispute has been resolved and evidence of the resolution acceptable to 1Box has been provided to 1Box in a form acceptable to 1Box. 1Box will not involve itself in any such dispute or the resolution of the dispute. You agree that 1Box will have no liability or responsibility for any such hold, or for your inability to finish Digital Assets execute trades during the period of any such hold.
8.3. Remaining Digital Assets after user Account Termination Due to Fraud, Violation of Law or Violation of These Terms
1Box maintains full custody of the user data/information which may be turned over to governmental authorities in the event of user Accounts’ suspension/closure arising from fraud investigations, investigations of violation of law or violation of these Terms.
8.4. Remaining Digital Assets after user Account Termination
Except as set forth in 8.3., once a user Account is closed/withdrawn, users will have 7 business days to retrieve all personal information from the account.
9. Assumption of Risks
Any purchase or sale you make, accept or facilitate outside of the NFT Marketplace of an NFT will be entirely at your risk. You acknowledge that you have obtained sufficient information to make an informed decision to purchase an NFT, including carefully reviewing the code of the smart contract and the NFT and fully understand and accept the functions of the same. We do not control or endorse purchases or sales of NFTs outside of the NFT Marketplace. We expressly deny and disclaim any liability to you and deny any obligation to indemnify you or hold you harmless for any losses you may incur by transacting, or facilitating transactions, in NFTs outside of the NFT Marketplace.
Certain parts of the NFT Marketplace may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”). By using the NFT Marketplace, you acknowledge and agree that Company is not responsible for examining or evaluating the content, accuracy, completeness, availability, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third-Party Materials. We do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any third-party services, Third Party Materials, or for any other materials, products, or services of third parties.
10. Resolving Disputes: Forum, Arbitration, Class Action Waiver
Please read this section carefully, as it involves a waiver of certain rights to bring legal proceedings, including as a class action.
10.1. Notice of Claim and Dispute Resolution Period.
Please contact 1Box first! 1Box wants to address your concerns without resorting to formal legal proceedings, if possible. If you have a dispute with 1Box, then you should contact 1Box at info@1boxnft.com. 1Box will attempt to resolve your dispute internally as soon as possible. The parties agree to negotiate in good faith to resolve the dispute (which discussions shall remain confidential and be subject to applicable rules protecting settlement discussions from use as evidence in any legal proceeding).
In the event the dispute cannot be resolved satisfactorily, and you wish to assert a legal claim against 1Box, then you agree to set forth the basis of such claim in writing in a “Notice of Claim,” as a form of prior notice to 1Box. The Notice of Claim must (1) describe the nature and basis of the claim or dispute, (2) set forth the specific relief sought, (3) provide the original email, and (4) include your user account’s digital wallet address or email. The Notice of Claim should be submitted to an email address. After you have provided the Notice of Claim to 1Box, the dispute referenced in the Notice of Claim may be submitted by either 1Box or you to arbitration in accordance with paragraph 8.2. of this Section. For the avoidance of doubt, the submission of a dispute to 1Box for resolution internally and the delivery of a Notice of Claim to 1Box are prerequisites to commencement of an arbitration proceeding (or any other legal proceeding). During the arbitration, the amount of any settlement offer made by you or 1Box shall not be disclosed to the arbitrator.
10.2. Agreement to Arbitrate
You and 1Box Operators agree that, subject to section 10, any dispute, claim, or controversy between you and 1Box (and/or 1Box Operators) arising in connection with or relating in any way to these Terms or to your relationship with 1Box (and/or 1Box Operators) as a user of 1Box Services (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of these Terms) will be determined by mandatory final and binding individual (not class) arbitration, except as set forth below under Exceptions to Agreement to Arbitrate. You and 1Box Operators further agree that the arbitrator shall have the exclusive power to rule on his or her own jurisdiction, including without limitation any objections with respect to the existence, scope or validity of the Agreement to Arbitrate, or to the arbitrability of any claim or counterclaim. Arbitration is more informal than a lawsuit in court. There is no judge or jury in arbitration, and court review of an arbitration award is limited. There may be more limited discovery than in court. The arbitrator must follow this agreement and can award the same damages and relief as a court (including, if applicable, attorney fees), except that the arbitrator may not award declaratory or injunctive relief in favour of anyone but the parties to the arbitration. The arbitration provisions set forth in this Section will survive termination of these Terms.
10.2.1. Arbitration Rules.
The arbitration shall be subject to the HKIAC Administered Arbitration Rules (HKIAC. Rules) in force when the Notice of Arbitration is submitted, as modified by this Section. The arbitration will be administered by the Hong Kong International Arbitration Centre (HKIAC). Unless the parties agree otherwise, there shall be only one arbitrator appointed in accordance with the HKIAC Rules. Any arbitration will be conducted in the English language. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. Judgment on any arbitral award may be given in any court having jurisdiction over the party (or over the assets of the party) against whom such an award is rendered.
Time for filing:
Any arbitration against 1box operators must be commenced by filing a request for arbitration within one (1) year, after the date the party asserting the claim first knows or reasonably should know of the act, omission or default giving rise to the claim; and there shall be no right to any remedy for any claim not asserted within that time period. This one-year limitation period is inclusive of the internal dispute resolution procedure set forth in section 8. There shall be no right to any remedy for any claim not asserted within that time period. If applicable law prohibits a one-year limitation period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law.
10.2.2. Process:
Notice: The party who intends to seek arbitration after the expiration of the Dispute Resolution Period set forth in 10.1., must submit a request to the HKIAC in accordance with the HKIAC Rules. If we request arbitration against you, we will give you notice at the email address or mailing address you have provided. You agree that any notice sent to this email or mailing address shall be deemed effective for all purposes, including without limitation to determinations of adequacy of service. It is your obligation to ensure that the email address and/or mailing address on file with 1Box is up-to-date and accurate.
Seat of Arbitration: The seat of the arbitration shall be Hong Kong.
Place of Hearing: The location of any in-person arbitration hearing shall be Hong Kong, unless otherwise agreed to by the parties.
10.3. Governing Law
These Terms (including this arbitration agreement) shall be governed by, and construed in accordance with, the laws of Hong Kong.
10.3.1. Confidentiality.
The parties agree that the arbitration shall be kept confidential. The existence of the arbitration, any non-public information provided in the arbitration, and any submissions, orders or awards made in the arbitration (together, the “Confidential Information”) shall not be disclosed to any non-party except the tribunal, the HKIAC, the parties, their counsel, experts, witnesses, accountants and auditors, insurers and reinsurers, and any other person necessary to the conduct of the arbitration. Notwithstanding the foregoing, a party may disclose Confidential Information to the extent that disclosure may be required to fulfil a legal duty, protect or pursue a legal right, or enforce or challenge an award in bona fide legal proceedings. This confidentiality provision shall survive termination of these Terms and of any arbitration brought pursuant to these Terms.
10.4. Compliance with Local Laws
It is users’ responsibility to abide by local laws in relation to the legal usage of 1Box Services in their local jurisdiction as well as other laws and regulations applicable to Users. Users must also factor, to the extent of their local laws all aspects of taxation, the withholding, collection, reporting and remittance to their appropriate tax authorities. All users of 1box services acknowledge and declare that their funds come from legitimate sources and do not originate from illegal activities; users agree that 1Box will require them to provide or otherwise collect the necessary information and materials as per relevant laws or government orders to verify the legality of the sources and use of their funds. 1Box maintains a stance of cooperation with law enforcement authorities globally and will not hesitate to seize, freeze and terminate Users’ accounts which are flagged out or investigated by legal mandate.
10.5. Class Action Waiver
You and 1Box agree that any claims relating to these Terms or to your relationship with 1Box as a user of 1Box Services (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of these Terms) shall be brought against the other party in an arbitration on an individual basis only and not as a plaintiff or class member in a purported class or representative action. You and 1Box further agree to waive any right for such claims to be brought, heard, or arbitrated as a class, collective, representative, or private attorney general action, to the extent permissible by applicable law. Combining or consolidating individual arbitrations into a single arbitration is not permitted without the consent of all parties, including 1Box.
10.6. Modifications
1Box reserves the right to update, modify, revise, suspend or make any future changes to this Section regarding the parties’ Agreement to Arbitrate, subject to applicable law. You hereby consent and agree that it is your responsibility to ensure that your understanding of this Section is up to date. Subject to the applicable law, your continued use of your 1Box account shall be deemed to be your acceptance of any modifications to Section 10 regarding the parties’ Agreement to Arbitrate. You agree that if you object to the modifications to Section 10, 1Box may block access to your account pending closure of your account. In such circumstances, the Terms of Use prior to modification shall remain in full force and effect pending closure of your account.
10.7. Severability
If any portion of these Terms are adjudged to be invalid or unenforceable for any reason or to any extent, the remainder of these Terms will remain valid and enforceable and the invalid or unenforceable portion will be given effect to the greatest extent permitted by law, pending closure of your account.
11. Liabilities
11.1. Disclaimer of warranties
To the maximum extent permitted under applicable law, 1Box Services, 1Box materials and any product, service or other item provided by or on behalf of 1Box are offered on an “as is” and “as available” basis, and 1Box expressly disclaims, and you waive, any and all other warranties of any kind, whether express or implied, including, without limitation, warranties of merchantability, fitness for a particular purpose, title or non-infringement or warranties arising from course of performance or usage in trade. Without limiting the foregoing, 1Box does not represent or warrant that the site, 1Box Services or 1Box materials are accurate, complete, reliable, current, error-free or free of viruses or other harmful components. 1Box does not guarantee that any order will be executed, accepted or recorded. Except for the express statements, agreements and rules set forth in these Terms, you hereby acknowledge and agree that you have not relied upon any other statement or agreement, whether written or oral, with respect to your use and access of 1Box Services. Without limiting the foregoing, you hereby understand and agree that 1Box will not be liable for any losses or damages arising out of or relating to: (a) any inaccuracy, defect or omission of digital assets price data; (b) any error or delay in the transmission of such data; (c) interruption in any such data; (d) regular or unscheduled maintenance carried out by 1Box and service interruption and change resulting from such maintenance; (e) any damages incurred by other users’ actions, omissions or violation of these Terms; (f) any damage caused by illegal actions of other third parties or actions without authorised by 1Box; and (g) other exemptions mentioned in disclaimers issued by 1Box.
The disclaimer of implied warranties contained herein may not apply if and to the extent it is prohibited by applicable law of the jurisdiction in which you reside.
11.2. Disclaimer of damages and limitation of liability
To the maximum extent permitted by applicable law, in no event will 1Box, its affiliates and their respective shareholders, members, directors, officers, employees, attorneys, agents, representatives, suppliers or contractors be liable for any incidental, indirect, special, punitive, consequential or similar damages or liabilities whatsoever (including, without limitation, damages for loss of data, information, revenue, profits or other businesses or financial benefits) arising out of 1Box Services, any performance or non-performance of 1Box Services, or any other product, service or other item provided by or on behalf of 1Box and its affiliates, whether under contract, statute, strict liability or other theory even if 1Box has been advised of the possibility of such damages except to the extent of a final judicial determination that such damages were a result of 1Box’s gross negligence, fraud, wilful misconduct or intentional violation of law. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation may not apply to you.
Notwithstanding the foregoing, in no event will the liability of 1Box, its affiliates and their respective shareholders, members, directors, officers, employees, attorneys, agents, representatives, suppliers or contractors arising out of services offered by or on behalf of 1Box and its affiliates, any performance or non-performance of 1Box Services, or any other product, service or other item, whether under contract, statute, strict liability or other theory, exceed the amount of the fees paid by you to 1Box under these Terms in the twelve-month period immediately preceding the event giving rise to the claim for liability.
11.3. Indemnification
You agree to indemnify and hold harmless 1Box Operators, their affiliates, contractors, licensors, and their respective directors, officers, employees and agents from and against any claims, actions, proceedings, investigations, demands, suits, costs, expenses and damages (including attorneys’ fees, fines or penalties imposed by any regulatory authority) arising out of or related to (a) your use of, or conduct in connection with, 1Box Services; (b) your breach or our enforcement of these Terms; or (c) your violation of any applicable law, regulation, or rights of any third party during your use of 1Box Services. If you are obligated to indemnify 1Box Operators, their affiliates, contractors, licensors, and their respective directors, officers, employees or agents pursuant to these Terms, 1Box will have the right, in its sole discretion, to control any action or proceeding and to determine whether 1Box wishes to settle, and if so, on what terms.
12. Notices
Please be aware that all official announcements, news, promotions, competitions and airdrops will be listed on Notices. Users undertake to refer to these materials regularly and promptly. 1Box will not be held liable or responsible in any manner of compensation should users incur personal losses arising from ignorance or negligence of the notices.
13. Miscellaneous
13.1. Independent Parties
1Box is an independent contractor but not an agent of you in the performance of these Terms. These Terms shall not be interpreted as facts or evidence of an association, joint venture, partnership, or franchise between the parties.
13.2. Entire Agreement
These Terms constitute the entire agreement between the parties regarding use of 1Box Services and will supersede all prior written or oral agreements between the parties. No usage of trade or other regular practice or method of dealing between the parties will be used to modify, interpret, supplement, or alter the terms herein.
13.3. Interpretation and Revision
1Box reserves the right to alter, revise, modify, and/or change these Terms at any time. All changes will take effect immediately upon being published on 1Box websites. It is your responsibility to regularly check relevant pages on our websites to confirm the latest version of these Terms. If you do not agree to any such modifications, your only remedy is to terminate your usage of 1Box Services and cancel your account. You agree that, unless otherwise expressly provided in these Terms, 1Box will not be responsible for any modification or termination of 1Box Services by you or any third party, or suspension or termination of your access to 1Box Services.
13.4. Force Majeure
1Box will not be liable for any delay or failure to perform as required by these Terms because of any cause or condition beyond 1Box’s reasonable control.
13.5. Severability
If any portion of these Terms is held invalid or unenforceable, such invalidity or enforceability will not affect the other provisions of these Terms, which will remain in full force and effect, and the invalid or unenforceable portion will be given effect to the greatest extent possible.
13.6. Assignment
You may not assign or transfer any right to use 1Box Services or any of your rights or obligations under these Terms without prior written consent from 1Box, including any right or obligation related to the enforcement of laws or the change of control. 1Box may assign or transfer any or all of its rights or obligations under these Terms, in whole or in part, without notice or obtaining your consent or approval.
13.7. Waiver
The failure of one party to require performance of any provision will not affect that party’s right to require performance at any time thereafter. At the same time, the waiver of one party to seek recovery for the other party’s violation of these Terms or any provision of applicable terms shall not constitute a waiver by that party of any subsequent breach or violation by the other party or of the provision itself.
13.8. Third-Party Website Disclaimer
Any links to third-party websites (“Third-Party Websites”) and applications (“Third-Party Applications”) from 1Box Services does not imply endorsement by 1Box of any product, service, information or disclaimer presented therein, nor does 1Box guarantee the accuracy of the information contained on them. When you click on a link to a Third-Party Website or Third-Party Application, we will not warn you that you have left our Service and are subject to the Terms and conditions (including privacy policies) of another website or destination.
1Box provides these Third-Party Websites 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 Websites or Third-Party Applications, or their products or services. When you leave our Service, our Terms and policies no longer govern. If you suffer loss from using such third-party product and service, 1Box will not be liable for such loss. In addition, since 1Box has no control over the terms of use or privacy policies of third-party websites, you should read and understand those policies carefully. If you choose to use third-party services (like MetaMask), you agree to their Terms of Service. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
13.9. Matters Related to Apple Inc.
If you use any device manufactured by Apple Inc. to participate in any commercial activities or reward programs through 1Box Services, such activities and programs are provided by 1Box and are not associated with Apple Inc. in any manner.
13.10. No Financial Advice
1Box is not your broker, intermediary, agent, or advisor and has no fiduciary relationship or obligation to you in connection with any trades or other decisions or activities effected by you using 1Box Services. No communication or information provided to you by 1Box is intended as, or shall be considered or construed as, investment advice, financial advice, trading advice, or any other sort of advice. Unless otherwise specified in these Terms, all trades are executed automatically, based on the parameters of your order instructions and in accordance with posted trade execution procedures, and you are solely responsible for determining whether any investment, investment strategy or related transaction is appropriate for you according to your personal investment objectives, financial circumstances and risk tolerance, and you shall be solely responsible for any loss or liability therefrom. You should consult legal or tax professionals regarding your specific situation. 1Box does not recommend that any Digital Asset should be bought, earned, sold, or held by you. Before making the decision to buy, sell or hold any Digital Asset, you should conduct your own due diligence and consult your financial advisors prior to making any investment decision. 1Box will not be held responsible for the decisions you make to buy, sell, or hold Digital Asset based on the information provided by 1Box.
13.11. Contact
General questions or comments about the NFT Marketplace or these Terms should be sent by contacting the customer support team at info@1boxnft.com.
13.12. Your Rights as a data subject (GDPR)
You have certain rights under applicable legislation, and in particular under Regulation EU 2016/679 (General Data Protection Regulation or ‘GDPR’). You can find out more about the GDPR and your rights by accessing the European Commission’s website: https://ec.europa.eu/info/law/law-topic/data-protection_en.
If there is any inconsistency or conflict between the English and Chinese version, the English version shall prevail.
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