Last Updated: September 27, 2021
Please read the Legal Disclaimer. The Modelnft licenses or Services are not legal advice. We are not a substitute for a lawyer or law firm.
(a) You must be at least 13 years of age to use our Services. If you are at least 13 years old but under 18 years of age (or the age of legal majority where you live), you may only use our Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian of a user under the age of 18 (or the age of legal majority), you agree to these Terms and to be fully responsible for the acts or omissions of such user.
(b) If you are using our Services on behalf of another person or entity, you represent that you are authorized to accept these Terms on that person or entity’s behalf and that the person or entity agrees to be responsible to us if you or the other person or entity violates these Terms. In these cases, the term “you” will refer collectively to you and that other person or entity.
3. YOUR AGREEMENT TO THE TERMS
BY CLICKING “I ACCEPT” OR OTHERWISE ACCESSING OR USING ANY OF THE SERVICES (INCLUDING THE LICENSES), YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THE TERMS. By clicking “I ACCEPT” or otherwise accessing or using any Services you also represent that you have legal authority to accept the Terms on behalf of yourself and any party you represent in connection with your use of any Services. If you do not agree to the Terms, you are not authorized to use any Services. If you are an individual who is entering into these Terms on behalf of an entity, you represent and warrant that you have the power to bind that entity, and you hereby agree on that entity’s behalf to be bound by these Terms, with the terms “you,” and “your” applying to you, that entity, and other users accessing the services on behalf of that entity.
4. CHANGES TO THE TERMS
We may change, remove, or add to the Terms from time to time and we reserve the right to do so in our sole discretion. Please review the date at the top of the Terms. If we make a change to these Terms, we will post a notice on the website and we may provide an email to all users that have registered for an account. Any revisions or new Terms shall take effect immediately, except that material changes will take effect thirty (30) days after the change is made and identified as material. Your continued use of any Services after revised or new Terms are effective, indicates that you have read, understood, and agreed to those Terms.
5. CONTENT AVAILABLE TO YOU (Including the Licenses)
We do not control, endorse or take responsibility for any User Content or Third-Party Content that is linked to our Services or made available under one of our Licenses. Your use of our Services (including Licenses) is at your sole risk. Under no circumstance are we liable in any way for Content, including, but not limited to any infringing Content, errors or omissions in Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted, linked from, or otherwise accessible through or made available via the Services. We do not take any ownership of any content associated with the use of our Services.
6. CONTENT SUPPLIED BY YOU THROUGH THE SERVICES
You represent, warrant and agree that no Content posted or otherwise made available by you on or through any of the Services (“Your Content”), violates or infringes upon the rights of any copyright, trademark, publicity, privacy, any third party, or other personal or proprietary rights, breaches, or conflicts with any obligation, such as a confidentiality obligation, or contains libelous, defamatory, or otherwise unlawful material.
7. PROHIBITED CONDUCT
You agree not to engage in any of the following activities:
- Copyright Infringement
- Using the Services for any illegal purposes or in violation of any laws (including local, state, national or international laws).
- You may not use the Services to solicit, advertise, spam, promote junk mail, pyramid schemes, or any form of unwelcome solicitation
- You may not use the Services to promote Content that is hateful, illegal, discriminatory, offensive, false, or incites an illegal act.
8. DISCLAIMER OF WARRANTIES
YOUR USE OF OUR SERVICES IS AT YOUR SOLE RISK. WE OFFER THE SERVICES ON AN AS-IS BASIS AND MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE SERVICES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THE SERVICES WILL BE FREE OF DISRUPTION OR ERROR FREE. WE DO NOT MAKE ANY REPRESENTATION REGARDING ANY CONTENT ASSOCIATED WITH THE SERVICES OR LICENSES.
9. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, LOST PROFITS, PAIN AND SUFFERING, EMOTIONAL DISTRESS, COST OF SUBSTITUTE GOODS OR SERVICES, OR SIMILAR DAMAGES SUFFERED OR INCURRED BY YOU OR ANY THIRD PARTY THAT ARISE IN CONNECTION WITH THE SERVICES (OR THE TERMINATION THEREOF FOR ANY REASON), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE ARE NOT RESPONSIBLE OR LIABLE WHATSOEVER IN ANY MANNER FOR ANY CONTENT POSTED ON OR AVAILABLE THROUGH THE SERVICES (INCLUDING CLAIMS OF INFRINGEMENT RELATING TO THAT CONTENT), FOR YOUR USE OF THE SERVICES, OR FOR THE CONDUCT OF THIRD PARTIES ON OR THROUGH THE SERVICES.
Certain jurisdictions do not permit the exclusion of certain warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. IN THESE JURISDICTIONS, THE FOREGOING EXCLUSIONS AND LIMITATIONS WILL BE ENFORCED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless Bitform, our subsidiaries and affiliates, and each of our respective officers, directors, agents, partners and employees (individually and collectively, the “Bitform Parties”) from and against any loss, liability, claim, demand, damages, expenses or costs (“Claims”) arising out of or related to (a) your access to or use of our Services; (b) your User Content or Feedback; (c) your violation of these Terms; (d) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); or (e) your conduct in connection with our Services.
To the fullest extent permitted by applicable law, you release Bitform Parties from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties.
ModelNFT, modelnft.org and Bitform Ventures LLC’s name, logos, icons and other trademarks belonging to Bitform. Our Licenses are offered free of charge and on an “as is” basis and may be modified as needed. We suggest consulting a lawyer to make license modifications that fit your need and suitability for your NFT project.
We reserve the right to terminate the use of our Services for any violation of these Terms. Furthermore, we may modify, suspend, or terminate the operation of, or access to, all or any portion of the Services at any time for any reason.
If you wish to terminate this agreement, you may immediately stop accessing or using the Services at any time.
14. MISCELLANEOUS TERMS
Choice of law: The Terms are governed by and construed by the laws of the State of Florida in the United States, not including its choice of law rules.
Dispute resolution: The parties agree that any disputes between Bitform and you concerning these Terms, and/or any of the Services may only be brought in a federal or state court of competent jurisdiction sitting in the Middle District of Florida, and you hereby consent to the personal jurisdiction and venue of such court.
No Waiver: Either party’s failure to insist on or enforce strict performance of any of the Terms will not be construed as a waiver of any provision or right.
Severability: If any part of the Terms is held to be invalid or unenforceable by any law or regulation or final determination of a competent court or tribunal, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions.
No agency relationship: The parties agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms or from your use of any of the Services.
Integration: These Master Terms and any applicable Additional Terms constitute the entire agreement between you and Bitform relating to this subject matter and supersede any and all prior communications and/or agreements between you and Bitform relating to access and use of the Services.