Terms of Use
Last updated: July 1, 2024
Please read these Terms of Use (the “Terms”) carefully because they govern your use of the website (the Site) located at https://datacurve.io and the content and functionalities accessible via the Site offered by the DataCurve, Inc. (“DataCurve”). Nothing herein gives you any rights to any other trademarks or other intellectual property rights belonging to DataCurve and the associated logos.
This document contains very important information regarding your rights and obligations, as well as conditions, limitations and exclusions that might apply to you. Please read it carefully.
By submitting your information via the Site, you agree to these Terms of Use and any terms and conditions incorporated herein by reference (collectively, these “Terms"). PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE Site. THESE TERMS GOVERN YOUR USE OF THE SITE, UNLESS WE HAVE EXECUTED A SEPARATE WRITTEN AGREEMENT WITH YOU FOR THAT PURPOSE. WE ARE ONLY WILLING TO MAKE THE SITE AVAILABLE TO YOU IF YOU ACCEPT ALL OF THESE TERMS. BY USING THE SITE OR ANY PART OF IT, OR BY SUBMITTING YOUR INFORMATION, CLICKING “SUBMIT DETAILS” OR “CLAIM MY NFT” OR “CLAIM MY REWARD” 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 Site AVAILABLE TO YOU. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE SITE.
DataCurve does not control any blockchain or Protocol on which any NFTs are minted and registered and cannot control activity and data on the Protocol, the validation of transactions on the Protocol, or use of the Protocol. The Protocol used is an open-source protocol that is maintained and processed by validators across the globe. DataCurve supports services that allow interaction with the Protocols such as Ethereum, Polygon, Avalanche, Solana, ImmutableX, Optimism, etc.
Any changes to these Terms will be in effect as of the “Last Updated Date” referred to at the top of this page. You should review these Terms before using the Site or purchasing any product or using any services that are available through this Site. Your continued use of this Site after the “Last Updated Date” will constitute your acceptance of and agreement to such changes.
Among other things, DataCurve provides customers with mechanisms to create collection(s) of digital artworks represented as Non Fungible Tokens (NFTs) on a blockchain network such as Ethereum. The DataCurve Site (Site) at https://datacurve.io and its subdomains are only an interface allowing participants to create and exchange digital collectibles. Users are entirely responsible for the safety and management of their own digital artwork, their own private Ethereum wallets and validating all transactions and contracts generated by this Site. Furthermore, as the DataCurve smart contract runs on an Ethereum, an EVM network, or Solana network there is no ability to undo, reverse, or restore any transactions.
This Site and its connected services are provided “as is” and “as available” without warranty of any kind. By using this Site and its connected services, you are accepting sole responsibility for any and all transactions involving DataCurve digital collectibles.
ANY TRANSFER, PURCHASE OR SALE YOU MAKE, ACCEPT OR FACILITATE OUTSIDE OF THIS SITE (AS DEFINED ABOVE) OF ANY NFT MINTED AS PART OF THIS SITE WILL BE ENTIRELY AT YOUR RISK. WE DO NOT CONTROL OR ENDORSE PURCHASES OR SALES OF NFTS OUTSIDE OF THIS SITE. WE EXPRESSLY 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 THIS SITE.
You may not use this Site if you: (i) do not agree to these Terms; (ii) are not of the age of majority in your jurisdiction of residence; or (iii) are prohibited from accessing or using this Site or any of this Site’s contents, products or services by applicable law.
ACCESSING THE SITE
Like much of web3, your blockchain address functions as your identity on DataCurve. Accordingly, you will need a blockchain address and a third-party wallet to access the Site. In addition, to make it easier for creators and businesses to use the Site, DataCurve exclusively provides them with API keys and authentication codes to access the Site.
We require all users of the Site to be at least 18 years old. If you are at least 13 years old but under 18 years old, you may only use the Site through a parent or guardian’s access credentials and with their approval and oversight. That account holder is responsible for your actions using the Site. It is prohibited to use our Site if you are under 13 years old.
ACQUIRING YOUR NFTs
Acquiring NFTs: The Site allows you to mint, acquire or collect NFTs. Each NFT is minted and registered on a blockchain network such as Ethereum, Polygon, Avalanche, Solana, Immutable, Optimism, etc. You can acquire the NFTs on the Site by opting in to share your ETH wallet address with us or by using application programming interfaces (APIs) from third parties that, for example, generate ETH wallets for storing and accessing NFTs. Wallets are not operated by, maintained by, or affiliated with DataCurve. You are solely responsible for maintaining the security of your wallet. We make no representations or warranties regarding how our Site or services will operate with your or any specific wallet. You may also acquire NFTs via a third party that uses our Site and/or services to create and transfer NFTs. We reserve the right to modify the types and numbers of NFTs available at our sole discretion. NFTs created for a particular event may have the same underlying image asset which may or may not be a unique representation. In general, NFTs created and distributed to an audience at a specific event may not have any monetary value and may simply represent your participation at that event. Unless otherwise specified for a collection of NFTs, we strongly discourage the trading, selling, or transfer of such NFTs as they would not be meaningful to any other individual or entity.
Characteristics of NFTs. NFTs typically comprise a unique photograph, video, 3D art or any other digital file format and a set of attributes that are associated with the asset. NFTs minted for events have no inherent or intrinsic value. The value to the owner of the NFT may be subjective as it reflects participation at the event. We make no claims about the identity, functionality or authenticity of users or NFTs available on the Site or through our services.
Blockchain Network: Any NFT related transactions that you engage in via the Site will be conducted solely via a blockchain network chosen by the event organizer. We have no control over these transactions, nor do we have the ability to reverse any transactions or payments if any payments were incurred. 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 via the Site, or any other primary or secondary payments or transactions that you conduct via the blockchain Network.
Gas Fees: Every transaction on a blockchain network requires the payment of a transaction fee (each, a “Gas Fee”). The Gas Fees fund the network of computers that run the decentralized Flow Network. This means that you will need to pay a Gas Fee for each transaction that you instigate. For transactions instigated by third parties on your behalf, you may or may not need to pay Gas Fee. DataCurve will not be responsible for any Gas Fees or transaction charges incurred by you. Except as otherwise expressly set forth in these Terms, you will be solely responsible to pay any Gas Fee for any transaction that you instigate via any other third party Sites, NFT exchanges or marketplaces.
Purchasing NFTs. You may be able to initiate a purchase, acquisition or transaction using NFTs via the SIte or using an order form or service order process that identifies pricing or references additional fees that may apply to the purchase or acquisition of NFTs (“Service Form”) on a payment gateway linked to our services. To set up your account or process a Service Form, you must provide us certain information we will request, which includes completing our Know Your Customer account verification form and may include you providing additional information required to comply with anti-money laundering regulations. As part of our diligence, we may engage in any investigation of your information, finances, activities, and operations that we reasonably deem necessary to confirm your eligibility for transactional services, and you agree to provide us with any information required to complete such investigation. You authorize us to share any information we collect or receive from or about you with the card associations, processor/acquiring banks or legal or regulatory payment authorities. We will also conduct, and you authorize us to conduct, a customary commercial background check for these purposes and to assess the risk of our doing business with you. You agree to provide us with written notice not more than five (5) days after you receive a subpoena, civil investigative demand, or similar request for information from a federal, state, or local government, agency, or entity relating to your products and services sold through the use of our Site or APIs.
Payment and Fees. If you are a business or enterprise using a payment gateway or payment API provided or otherwise supported by us, you accept and agree to the Gateway Service Order Terms and Conditions and you further agree to pay all applicable fees and reimbursable expenses for such solutions or services.
OWNERSHIP, LICENSE, AND OWNERSHIP RESTRICTIONS
YOUR OWNERSHIP OF NFTs WILL ONLY BE RECOGNIZED BY US IF YOU HAVE RIGHTFULLY ACQUIRED SUCH NFTs FROM THIS SITE OR VIA OUR THIRD PARTY PARTNERS
Definitions:
“Art” means any art, design, and drawings (in any form or media, including, without limitation, video or photographs) that may be associated with the NFT that you Own.
“Own” means, with respect to the NFT, the NFT that you have rightfully acquired from this Site where proof of such acquisition is recorded on a blockchain network. Ownership of NFT. Because each NFT is recorded on a blockchain Network, when you acquire it in accordance with these Terms , you own the underlying NFT completely. Ownership of the NFT is mediated entirely by the blockchain network. Once created and distributed to your wallet, we do not have the ability to seize, freeze, or otherwise modify the ownership of any NFT.
User License to Art. Notwithstanding anything in these Terms, we do not have the ability to grant any licenses to any pieces of art underlying the NFTs. Unless otherwise stated, t he IP rights lie with the respective creators themselves. The Site may permit the inclusion, involvement, or participation of your NFT, by cryptographically verifying the NFT on the blockchain network.
Restrictions on Ownership. For all NFTs created by DataCurve, you agree that you may not, nor permit any third party to do or attempt to do any of the foregoing without our (or, as applicable, our partners, customers, or licensors’) express prior written consent in each case: (a) modify the Art for your NFT in any way, including, without limitation, the shapes, designs, drawings, attributes, or color schemes; (b) use the Art for your NFT to advertise, market, or sell any third party product or service; (c) use the Art for your NFT 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; (d) use the Art for your NFT 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; (e) 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 Art for your NFT; (f) attempt to trademark, copyright, or otherwise acquire additional intellectual property rights in or to the Art for your NFT; or (g) otherwise utilize the Art for your NFT for your or any third party’s commercial benefit.
We Own the Site. You acknowledge and agree that DataCurve (or, as applicable, our partners, customers, or licensors) own all legal right, title and interest in and to all other elements of the Site, and all intellectual property rights therein (including, without limitation, all Art, designs, systems, methods, information, computer code, software, services, “look and feel”, organization, compilation of the content, code, data, and all other elements of the Site (collectively, the “Site Materials”)). You acknowledge that the Site Materials are protected by copyright, trade dress, patent, and trademark laws, international conventions, other relevant intellectual property and proprietary rights, and applicable laws. All Site Materials are the copyrighted property of us or our licensors, and all trademarks, service marks, and trade names associated with the Site or otherwise contained in the Site Materials are proprietary to us or our licensors.
No User License or Ownership of Site Materials. Except as expressly set forth herein, your use of the Site does not grant you ownership of or any other rights with respect to any content, code, data, or other Site Materials that you may access on or through the Site. We reserve all rights in and to the Site Materials that are not expressly granted to you in these Terms.
Further User Ownership Acknowledgements. For the sake of clarity, you understand and agree: (a) that your production or acquisition of the NFT, does not give you any rights or licenses in or to the Site Materials (including, without limitation, our copyright in and to the associated Art) other than those expressly contained in these Terms; (b) that you do not have the right, except as otherwise set forth in these Terms, to reproduce, distribute, or otherwise commercialize any elements of the Site Materials (including, without limitation, any Art) without our prior written consent in each case, which consent we may withhold in our sole and absolute discretion; and (c) that you will not apply for, register, or otherwise use or attempt to use any of our trademarks or service marks, or any confusingly similar marks, anywhere in the world without our prior written consent in each case, which consent we may withhold at our sole and absolute discretion.
Use of Blockchain. The Site does not store, send, or receive NFTs. This is because NFTs exist only by virtue of the ownership record maintained on the Site’s supporting set of blockchain networks. Any transfer of NFTs occurs within the supporting blockchain networks, and not on the Site. Furthermore, the Site does not have any access to any private keys associated with your wallet addresses.
DATACURVE IS NOT RESPONSIBLE OR LIABLE FOR ANY SUSTAINED LOSSES OR INJURY DUE TO VULNERABILITY OR ANY KIND OF FAILURE, ABNORMAL BEHAVIOR OF SOFTWARE (E.G., WALLET, SMART CONTRACT), BLOCKCHAINS OR ANY OTHER FEATURES OF THE NFTS. THE NFT BREWERY IS NOT RESPONSIBLE FOR LOSSES OR INJURY DUE TO LATE REPORTS BY DEVELOPERS, REPRESENTATIVES, OR THIRD PARTY SERVICES (OR NO REPORT AT ALL) OF ANY ISSUES WITH THE BLOCKCHAIN SUPPORTING THE NFTS, INCLUDING FORKS, TECHNICAL NODE ISSUES OR ANY OTHER ISSUES HAVING LOSSES OR INJURY AS A RESULT.
WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS AND TAKE NO RESPONSIBILITY FOR, AND WILL NOT BE LIABLE TO YOU FOR, ANY USE OF NFTS, CONTENT, AND/OR CONTENT LINKED TO OR ASSOCIATED WITH NFTS, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES, OR CLAIMS ARISING FROM: (A) USER ERROR, INCORRECTLY CONSTRUCTED TRANSACTIONS, OR MISTYPED ADDRESSES; (B) SERVER FAILURE OR DATA LOSS; (C) UNAUTHORIZED ACCESS OR USE; (D) ANY UNAUTHORIZED THIRD-PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION THE USE OF VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK AGAINST THE SITE OR THIRD PARTY SERVICES OR NFTS.
ASSUMPTION OF RISK
You accept and acknowledge:
● The value of an NFTs is subjective. Prices of NFTs can be volatile. Fluctuations in the price of the underlying cryptocurrency can also materially and adversely affect NFT prices. You acknowledge that you fully understand this subjectivity and volatility and that you may lose money.
● A lack of use or public interest in the creation and development of distributed ecosystems could negatively impact the development of those ecosystems and related applications, and could therefore also negatively impact the potential utility of NFTs.
● The regulatory regime governing blockchain technologies, non-fungible tokens, cryptocurrency, and other crypto-based items is uncertain, and new regulations or policies may materially adversely affect the development of the Site and the utility of NFTs.
● You are solely responsible for determining what, if any, taxes apply to your transactions and to withhold, collect, report, and remit the correct amounts of taxes to the appropriate tax authorities. DataCurve is not responsible for determining, withholding, collecting, reporting, or remitting the taxes that apply to your NFTs.
● There are risks associated with purchasing items associated with content created by third parties through peer-to-peer transactions, including but not limited to, the risk of purchasing counterfeit items, mislabeled items, items that are vulnerable to metadata decay, items on smart contracts with bugs, and items that may become untransferable. You represent and warrant that you have done sufficient research before making any decisions to sell, obtain, transfer, or otherwise interact with any NFTs or accounts/collections.
● There are risks associated with using Internet and blockchain based products, including, but not limited to, the risk associated with hardware, software, and Internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to your third-party wallet or Account. You accept and acknowledge that DataCurve will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the Service or any Blockchain network, however caused.
● The Site relies on third-party platforms and/or vendors. If we are unable to maintain a good relationship with such platform providers and/or vendors; if the terms and conditions or pricing of such platform providers and/or vendors change; if we violate or cannot comply with the terms and conditions of such platforms and/or vendors; or if any of such platforms and/or vendors loses market share or falls out of favor or is unavailable for a prolonged period of time, access to and use of the Site will suffer.
● DataCurve reserves the right to hide collections, contracts, and items affected by any of these issues or by other issues. Items you purchase may become inaccessible on the Site. Under no circumstances shall the inability to view items on DataCurve or its subdomains or an inability to use the Site in conjunction with the purchase, sale, or transfer of items available on any blockchains serve as grounds for a claim against DataCurve.
● If you have a dispute with one or more users, YOU RELEASE US FROM CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. IN ENTERING INTO THIS RELEASE YOU EXPRESSLY WAIVE ANY PROTECTIONS (WHETHER STATUTORY OR OTHERWISE) THAT WOULD OTHERWISE LIMIT THE COVERAGE OF THIS RELEASE TO INCLUDE THOSE CLAIMS WHICH YOU MAY KNOW OR SUSPECT TO EXIST IN YOUR FAVOR AT THE TIME OF AGREEING TO THIS RELEASE.
INDEMNIFICATION
You agree to hold harmless and indemnify DataCurve, our parent, 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 Site; or (iii) your violation of applicable laws, rules or regulations in connection with your access to or use of the Site. You agree that we will have control of the defense or settlement of any such claims.
MODIFICATIONS TO THE SITE
We reserve the right in our sole discretion to modify, suspend, or discontinue, temporarily or permanently, the Site (or any features or parts thereof) at any time and without liability as a result.
EXTERNAL SITES
The Site may include hyperlinks to other websites or resources (collectively, the “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 or through 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.
Privacy Policy
Please refer to our Privacy Policy for information about how we collect, use, and share personal data about you. By submitting personal data through our Site, you agree to the terms of our Privacy Policy and you expressly consent to the collection, use, and disclosure of your personal data in accordance with the Privacy Policy.
Miscellaneous
These Terms constitute the entire agreement between you and DataCurve relating to your access to and use of the Site. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of DataCurve, and DataCurve’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for reference only and shall not be read to have any legal effect.
The Site is operated by us in the United States. Those who choose to access the Site from locations outside the United States do so at their own initiative and are responsible for compliance with applicable local laws. You and DataCurve agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply to the interpretation or construction of these Terms.
Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity.