These Terms and Conditions of services last material update was made on 30 December 2021.

The Company’s site, the ArtBoz mobile application or other ArtBoz electronic platform (collectively the “Site” or “Platform” or “MarketPlace”) refers individually and collectively to the ArtBoz website, APIs, mobile applications (each, an “App”) and any software services provided by ArtBoz, and all written or electronic materials including software, data, text, audio, video, images, photos, graphics, or other content displayed in the Platform are known as the content of the Platform (“Content”).

Please read these terms and conditions of services (“Terms”) that follow carefully as they form a contract between you and V. PEAK Limited (“ArtBoz”, “we”, “us” or “our”), a private company with its registered office at Room 1808, 18/F, CEO Tower, Wing Hong Street, Cheung Sha Wan, Kowloon. These Terms refer and govern to the individual or entity as “you”, “your” or “user” using any functionality offered or accessing the Content or services provided by ArtBoz (“Services”).

ArtBoz allow you to participate, by creating, displaying, buying and selling Non-fungible tokens (NFT) and is made available to you by us.

1.1 By accepting these Terms electronically (for example, clicking “Sign Up” / “Login” / “I agree”), accessing or using the Site / Platform, registering for an account with us, purchasing or accepting an order or Services that references these Terms, you are accepting and agreeing to these Terms and the policies and guidelines referenced in these Terms. By accepting these Terms, you represent that any and all information you provide us through the Services and the Platform is true and accurate. Any false or fraudulent information and use of the Services is prohibited.

1.2 ArtBoz reserves the right to change or modify these Terms at any time and at our sole discretion. You agree and understand that by accessing or using the Platform or the Site following any change to these Terms, you are regarded as having agreed to the revised Terms, in which case your continued use of any of the Services or failure to cancel your account will indicate your acceptance of the amendment.

1.3 By signing up to ArtBozand opening an account, you represent and warrant that you are (i) at least 18 years old and have the legal capacity to enter into these Terms by and between you and us, (ii) are not located in, under the control of, or a national or resident of any Restricted Locations, which the list of Restricted Locations is in the Site with the following link, (iii) and agree to be legally bound by these Terms in their entirety. We reserve the right to refuse use of the Platform and/or the Service(s) by anyone, without notice, for any reason, at any time. A breach or violation of any of these Terms may result in an immediate termination of the Services at our discretion.

1.4 As with any Asset, the value of Digital Assets, including but not limited to NFT, can go up or down and there can be a substantial risk that you may lose money buying, selling or holding them. You should carefully consider whether buying, selling or holding Digital Assets or NFTs is suitable for you in light of your financial condition.

1.5 By using the Site / the Platform / the MarketPlace or by entering into these Terms, you fully understand and was made aware of the inherent and potential risks associated with any products or services provided by ArtBoz, including, but not limited to the risk of a complete loss of your funds, or delays in payment or the realization of gains, associated with the provision of the Services by ArtBoz.

1.6 ArtBozis not registered with the U.S. Securities and Exchange Commission and does not offer securities services in the United States or to U.S. persons.

1.7 These Terms require the use of arbitration to resolve disputes on an individual basis, rather than jury trials or on resolution by class action, as further described in the section “Arbitration”.

1.8 The sale of stolen Assets, converted Assets, fraudulently obtained Assets, Assets taken without authorization, and other illegally obtained Assets on ArtBoz is prohibited. Listing illegally obtained Assets on ArtBoz, the Platform or the MarketPlace may result in your listings being cancelled, your Assets being hidden, your sales proceed being withhold or your account being suspended.

1.9 In no event will ArtBoz or any person or entity involved in creating, producing or distributing the Platform or the Content, be liable in contract, in tort (including for its own negligence) or under any other cause of action or recourse (including strict liability) for any damages, including without limitation, direct, indirect, incidental, special, punitive, consequential or similar damages (including, without limitation lost profits or revenues, loss of data, loss of use of the Platform or an inability to use the Platform), even if ArtBoz have been informed of the possibility of such damages.

1.10 In no event shall ArtBoz’s total liability to you for any damage (however so arising, whether in contract, tort or other causes of action or recourses) exceed the amount defined in the section Disclaimer and Limitation of Liability, as and to the extent such limit is permitted by Applicable Law.

(a) maintain all equipment necessary for the User’s access to and use of the Platform;

(b) maintain the security of the User’s ArtBoz account credentials and any other of the User’s confidential information relating to the User’s account at the Platform; and

(d) take responsibility for all charges resulting from use of the User’s account at the Site / Platform / MarketPlace.

© provide accurate information of the User for ArtBozon account opening, KYC process and AML check, and to notify and provide up-to-date information to ArtBoz if there are any changes of such information.

2. Definitions

 

2.1 For purposes of these Terms, the following terms shall have the meanings set forth below:

 

2.1.1 “Applicable Law” mean any law, rule, statute, subordinate legislation, regulation, by-law order, ordinance, protocol, code, guideline, treaty, policy, notice, direction or judicial, arbitral, administrative, ministerial or departmental judgment, award, decree, treaty, directive, or other requirement or guideline published or in force at any time which applies to or is otherwise intended to govern or regulate any person (including all parties to these Terms), property, transaction, activity, event or other matter, including any rule, order, judgment, directive or other requirement or guideline issued by any governmental or regulatory authority;

 

2.1.2 “ArtBoz” mean the trade name of V. PEAK Limited;

 

2.1.3 “Asset” means any assets with value, or can be exchanged with something with value, including but not limited to Digital Asset, NFT, Fiat Currency or the Balance on ArtBoz, the Site, the Platform, or the MarketPlace.

 

2.1.4 “Balance” means the value of funds available in your ArtBoz Account to use in accordance with these Terms.

 

2.1.5 “Digital Asset” mean a digital representation of value that (i) can be digitally traded and functions as (a) a medium of exchange; or (b) a unit of account; or © a store of value; (i) can be exchanged back-and-forth for Fiat Currency, but is neither issued nor guaranteed by the government of any jurisdiction, and (iii) fulfils the above functions only by agreement within the community of users of the Digital Assets; and accordingly (iv) is to be distinguished from Fiat Currency.

 

2.1.6 “Exchange(s)” means a place or an electronic platform that facilitate the buy and sell of assets.

 

2.1.7 “Fiat Currency” means a currency which is issued by or on behalf of the government in its country (or countries) of issuance, and which is designated as legal tender in that or those countries through government decree, regulation or law.

 

2.1.8 “Non-fungible token” “NFT” means      a commercial term to describe items like your furniture, a picture image file, a music file or your property. These things are not interchangeable for other items because they have unique properties. NFTs are tokens that we can use to represent ownership of unique items. They let us tokenize things like art, collectibles, even real estate. They can only have one official owner at a time and they’re secured by the blockchain.

 

2.1.9 “Payment Method” means bank transfer and payment instruments including, but not limited to, credit and debit cards.

 

2.1.10 “Sale Item” means any one or more of the following without limitation:

 

i any art (including without limitation, designs, drawings, prints, images in any form or media, including without limitation videos and photographs);

 

ii audio files;

 

iii collectibles;

 

iv memorabilia;

 

v game assets.

 

2.1.11 “Tools” means any one or more of the following without limitation:

 

i Computer programs, software, mobile apps, web site, plugins, applications;

 

ii Any physical / electronic / mechanical devices;

 

iii Any services or tools provided      to User to simplify / to help / to enhance User’s experience.

 

2.1.12 “we / us / our” means V. PEAKLimited;

 

2.1.13″you / your / user” means the individual or entity using any functionality offered or accessing the Content or the Services provided by V. PEAK Limited or ArtBoz

 

3 User Representations and Undertakings

 

Your use of the Services (or any part thereof) is dependent on the fact that you hereby represent and warrant that:

 

3.1 If you connect to, access or use the Services on behalf of an entity or any third party, you represent and warrant that (i) such legal entity is duly organized and validly existing under the Applicable Laws of the jurisdiction of its organization; and (ii) you are duly authorized under any Applicable Law to represent such entity or third party in connection with these Terms and to commit it to be bound by these Terms (in which event, “you”, “user” and “your” will refer to that entity or that third party), and hereby make all representations and warranties herein on both yourself and its behalf;

 

3.2 You may use the Services only if you are at least eighteen (18) years old. We reserve the right to require you at any stage to provide proof of age, and, if applicable, approval of your use of the Services by your legal guardian/representative, so that we can verify that only eligible Users are using the Service. In the event that it comes to our knowledge that a person under the age of eighteen (18) is using the Service, we will prohibit and block such User from accessing the Service;

 

3.3 An account is required for the User to access and use the Platform and/or related Service(s) and Tools, which may be accessed and used only by those authorized individuals who are registered with the Platform (“ArtBoz Account”). To open an account, the User must complete the registration process by providing the Platform with current, complete and accurate information as prompted by the registration form, and permit us to keep a record of such information. By providing such information the User authorizes us to take actions we determine as necessary, including but not limited to making enquiries, whether directly or through third parties, to verify your identity or protect you and/or us against fraud or other financial crime, and to take measures we deem necessary based on the results of those inquiries. Additionally, we may require you to wait some amount of time after completion of a transaction before permitting you to further use      the Services and/or before permitting you to engage in transactions beyond certain thresholds. In completing the registration form, the User represents that they are authorized to create and access an account, either personally or on behalf of the entity indicated in the registration process;

 

3.4 You are fully responsible for all activity that occurs under your ArtBoz Account. We may, in our sole discretion, refuse to open an ArtBoz Account for you, or limit the number of ArtBoz Accounts that you may hold or suspend or terminate any ArtBoz Account or stop supporting specific Digital Assets in your account.

 

3.5 You possess the legal authority to enter into these Terms and to form a binding agreement under any Applicable Law, to use the Services in accordance with these Terms, and to fully perform your obligations hereunder;

 

3.6 The execution of these Terms does not and will not violate any other agreement to which you are bound or any Applicable Law which you are subject to;

 

3.7 You will not infringe or violate any of these Terms;

 

3.8 You possess the knowledge and judgment necessary to decide whether to use the Service or otherwise engage with other Users of the Services;

 

3.9 You will provide ArtBoz and its affiliates with accurate, current, and complete information about yourself and your identity, either personally and / or on behalf of the entity indicated in the registration process, as prompted by the registration process or as ArtBoz may, from time to time request, and keep such information updated. You authorize ArtBoz to make such inquiries that it considers necessary to validate your identity and you agree that ArtBoz may do so using third party service providers.

 

In the event that ArtBoz suspects any information provided by the User as part of the registration and/or payment process is untrue, inaccurate, not current or incomplete, ArtBoz has the right to suspend or terminate the User’s usage of the Service(s). Accounts are non-transferable and cannot be “shared” or used by more than one individual or entity.

 

3.10 You acknowledge that you are solely responsible for complying with Applicable Laws regarding use of the Services, or any other interaction and/or transaction you make through or in connection with the Services, including the determination of whether a transaction made through or following your use of the Service complies with the terms of the jurisdictions and Applicable Laws which you and all other parties of your engagement are subject to;

 

3.11 You will not rely on ArtBoz and fully understand that we do not provide any endorsement, support, representation or guarantee regarding the accuracy, reliability, truthfulness, legality or completeness of any goods, services, information or content that may be available to you in connection with the Exchange, including with respect to any Digital Assets;

 

3.12 You are responsible to provide ArtBoz with an appropriate refund wallet address or refund bank account (if applicable).

 

3.13 You agree to use the Platform and the Content (including the financial data therein), solely for your own benefit, and agrees not to resell, transfer or convey the Service(s) to, or for use by or for the benefit of, any other person or other entity.

 

3.14 You may not use the data provided for any illegal purpose, in breach of applicable data protection laws or in any manner inconsistent with these Terms.

 

3.15 You agree not to use, transfer, distribute, or dispose of any information contained in the Service(s) and/or

 

3.16 in any manner that could compete with the business of ArtBoz.

 

3.17 The User is and will be responsible for maintaining the confidentiality of their password, for all activities conducted on and in connection with the Platform or Service(s) or Tools which make use of that password, and for any usage charges incurred by the use of that password, including any use that the User may subsequently allege was not authorized by the User.

 

3.18 Any actions on the Site, transactions, orders and operations initiated from your ArtBoz Account or using your password (i) will be considered to have been made by you, and (ii) is irrevocable once validated using your password or made through your ArtBoz Account. We may, but are not obligated to, request additional information from you, including authenticating documents, and/or to freeze any pending transactions, if there is a suspicious activity related to your ArtBoz Account. You agree to comply with these security requests or accept termination of your ArtBoz Account.

 

3.19 All transactions shown in your transaction history or other communication including, but not limited to, statements of your Digital Assets held by us sent to your email shall be deemed as authorized and correct, approved, and confirmed by you unless we receive written notice (as defined in section Notice) stating otherwise within three calendar days from the date the written statement was sent you or transaction appeared in your transaction history.

 

3.20 You agree to check your Balance, your transaction history and any notices you receive from us at least once a month to ensure any unauthorized transactions or erroneous transactions are identified and notified to us immediately. To receive such notifications and statements you agree to provide us a functioning email address that you have access to during the process of registration on the Site. If for any reason you are unable to review your transaction history and all notices, or you do not receive our communications, it is your responsibility to notify us immediately via MAIL ID

 

3.21 You will obtain appropriate professional advice (including legal, accounting, commercial and any other advice) to protect your interests before engaging in any matter in which you may benefit from such advice. You acknowledge that there is no professional relationship (including any attorney-client or advisor-advisee relationship) between you and ArtBoz or any other Users, unless you and any such User specifically agree otherwise, and that you may not solely or fundamentally rely on any information, content or any features you find on or through the Services;

 

3.22 You acknowledge that there are risks in using the Services and/or connecting and/or dealing with other Users and/or any exchange(s), through or in connection with Service, and that ArtBoz cannot and does not guarantee any specific outcomes from such use, interactions and/or transactions, and you hereby assume all such risks, liabilities and/or harm of any kind arising in connection with and/or resulting from such use, interactions and/or transactions. Such risks may include, among others, misrepresentation of information about and/or by any exchange(s), goods, services and/or other Users, breach of warranty and/or contract, violation of rights and any consequent claims; and

 

3.23 In addition to other prohibitions as set forth in these Terms, the User is prohibited from using the Service(s) or the Content:

 

i for any unlawful purpose;

 

ii to solicit others to perform or participate in any unlawful acts;

 

iii to violate any international, rules, laws, or local ordinances which apply in part to matters not governed by the Hong Kong law;

 

iv to infringe upon or violate our intellectual property rights or the intellectual property rights of others;

 

v to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;

 

vi to submit false or misleading information;

 

vii to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service(s) or of any related website, other websites, or the Internet;

 

viii to collect or track the personal information of others;

 

ix to spam, phish, pharm, pretext, spider, crawl, or scrape;

 

x for any obscene or immoral purpose; or

 

xi to interfere with or circumvent the security features of the Service(s) or any related website, other websites, or the Internet.

 

4 Use Restrictions and Unacceptable Use

 

4.1 There are certain conducts which are strictly prohibited on and/or with respect to the Service. Please read the following restrictions carefully. Your failure to comply with the provisions hereunder may result (at ArtBoz ’s sole discretion) in the termination of your access to the Services and may also expose you to civil and/or criminal liability.

 

4.2 You may not, whether by yourself or anyone on your behalf, nor encourage or assist any third party to:

 

i use the Services to use the Services in any manner or for any purpose other than as expressly permitted by these Terms, the Privacy Policy, any ArtBoz user guides and policies available via the Service (“Policies”);

 

ii use the account of another user at any time except by a mechanism provided by ArtBoz and authorized by such user;

 

iii copy, modify, alter, tamper with, repair, create derivative works of, adapt, emulate, translate, reverse engineer, compile, decompile or disassemble any portion of the Services or Content, including any information, material and data available on the Services in any way, or publicly display, perform, or distribute the Content, without ArtBoz ’s prior written consent;

 

iv make any use of the Content on any other website or networked computer environment for any purpose, or replicate or copy the Content without ArtBoz’s prior written consent;

 

v create a browser or border environment around the Services and/or Content, link, including in-line linking, to elements on the Services, such as images, posters and videos, and/or frame or mirror any part of the Services, unless as expressly permitted hereunder;

 

vi create a database by systematically downloading and storing all or any of the Content, or forward any data generated from the Services without the prior written consent of ArtBoz;

 

vii engage in any unlawful or fraudulent activity or perpetrate a hoax or engage in phishing schemes or forgery or other similar falsification or manipulation of data;

 

viii bypass any measures which may be used to prevent or restrict access to the Services and/or certain functionalities therein;

 

ix interfere with or violate any other User’s right to privacy or other rights, or harvest or collect personally identifiable information about visitors or users of the Services without their express and informed consent, use any unauthorized means to gain access to the Services or use the Service or distribute instructions, software or Tools for that purpose, including using any robot, spider, site search or retrieval application, periodic caching of information stored by ArtBoz, or other manual or automatic device or process to retrieve, index, or data-mine;

 

x defame, abuse, harass, stalk, threaten and/or violate in any way the legal rights of others;

 

xi use and/or display the Services (or any part thereof) on and/or with respect to any good or service, which in itself and/or which contains any information or content that may be considered as abusive, harassing, threatening, inciting hatred, encouraging or facilitating anti-social behavior, promoting the tobacco industry or the armaments industry, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable, offensive and/or violating in any way the legal rights of others, and/or where presence of the Content or any reference to ArtBoz and/or the Services might be perceived as damaging to ArtBoz ’s reputation and goodwill or actually bring ArtBoz into disrepute;

 

xii transmit, distribute, display or otherwise make available through or in connection with the Services any content, which may infringe third party rights, including Intellectual Property rights and privacy rights, or which may contain any unlawful content;

 

xiii impersonate any person or entity or provide false information on the Services, whether directly or indirectly;

 

xiv falsely state or otherwise misrepresent your affiliation with any person or entity, or express or imply that ArtBoz or any third party endorses you, your business, or any statement you make, or present false or inaccurate information about and/or through the Services;

 

xv damage, disable, overburden, or impair the Services (or any network connected to the Services);

 

xvi transmit or otherwise make available in connection with the Services, and/or use the Services to distribute and/or otherwise transmit any virus, worm, Trojan Horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component;

 

xvii interfere with or disrupt the operation of the Services, or the servers or networks that host the Services or make the Services available, or disobey any requirements, procedures, policies, or regulations of such servers or networks;

 

xviii sell, license, or exploit for any commercial purposes any use of or access to the Content and/or Services;

 

xix use the Services and/or the Content for non-personal or commercial purposes without ArtBoz’s prior express written authorization;

 

xx advertise or promote a commercial product unless your account is subject to a separate contract governing that relationship and your compensation to ArtBoz. ArtBoz may determine, in its sole discretion, whether and what action to take in response to a claimed violation of these Terms, and any action or inaction in a particular instance will not dictate or limit our response to a future complaint.

 

xxi use the Services for and/or in connection with any form of spam, unsolicited mail, chain letters, pyramid schemes or any other form of duplicative or unsolicited messages, or similar conduct, whether commercial or otherwise;

 

xxii use the Content and/or the Services for any illegal, immoral or unauthorized purpose; or

 

xxiii infringe or violate any of these Terms.

 

5  Privacy Policy / Personal Data Protection

 

5.1 Our policy and practices and the type of personally information (“Personal Data”) collected are described in our Privacy Policy at: https://www.ArtBoz.com/privacyPolicy (“Privacy Policy”).

 

5.2 By connect to, access or using the ArtBoz, the Site, the Platform or the MarketPlace, you confirm that you have read and understood our Privacy Policy and agree on how we collect, use, disclose and share amongst ourselves your Personal Data and disclose such Personal Data to our authorised service providers and relevant third parties. We will only share your Personal Data in order to facilitate and administer your use of ArtBoz and the Service(s) or otherwise if required by law. Such data controller will manage and protect your personal data in accordance with all applicable data protection laws. You also understand and consent to the storage and processing of User Content (as defined in section 10 “User Content” below) and any other personal information in Hong Kong. ArtBoz reserves the right to store and process personal information outside of Hong Kong in accordance with Applicable Laws.

 

5.3 ArtBoz reserve the right at any time to satisfy our internal requirement as to your Personal Data (for example, by requesting relevant original documents) including for the purposes of preventing fraud and/or anti-money laundering and counter-terrorist financing purposes.

 

6 Payment

 

6.1 Sending Fiat Currency Payments and Uploading Funds

 

6.1.1 We will credit any funds received from you to your ArtBoz Account. If you receive funds into your Account, we will send you a notification email and display the payment in your transaction      history, together with the date of receipt (the credit value date) and, where applicable, any exchange rate used. Each transaction is given a unique transaction ID and shown in the transaction history.

 

6.1.2 You must not make an upload through a Payment Method if you are not the named holder of that Payment Method. We take any violation of this requirement very seriously and will treat any attempt to use a Payment Method of which you are not the named holder as a fraudulent act.

 

6.1.3 You should be aware that receipt of funds to your ArtBoz Account does not necessarily mean that these transactions cannot be reversed. We reserve the right to reverse a payment if you or your bank or payment service provider has charged back or otherwise reversed (or is reasonably likely to chargeback or otherwise reverse) an upload or other payment which was used to fund the payment to your ArtBoz Account.

 

6.1.4 You can upload funds by visiting the App and logging into your ArtBoz Account and following the relevant upload instructions. You may be presented with a number of different upload methods, depending on which Payment Methods you have added to your ArtBoz Account and which Payment Methods are available to you.

 

6.1.5 Upload methods are payment services provided by third party financial institutions (for example, the issuer of the payment card you use to upload funds or third party direct banking service providers) and are not part of our service. We do not guarantee the use of any particular upload method made available, and may make changes to or discontinue the acceptance of any particular upload method at any time and without notice. Notwithstanding anything in these Terms, we shall not be responsible for the upload payment until the uploaded funds are received by us.

 

6.1.6 You may be asked to answer security questions or to complete other activities that we or the payment service provider you use to upload funds to your ArtBoz Account may reasonably require to ensure proper authorization of an upload transaction.

 

6.1.7 If you choose to upload funds using a Payment Method that may be subject to a right to claim funds back (a “Chargeback”) such as (but not limited to) credit or debit card or direct debit, you declare that you will not exercise such Chargeback other than for unauthorized use of the Payment Method or for a breach by us of these Terms which would result in you having a right to a refund of the uploaded amount. Otherwise, you may not Chargeback any upload transaction or allow Chargeback of any upload transactions for reasons for which we are not responsible including (but not limited to) insufficient Balance on the Payment Method account.

 

6.1.8 If a Chargeback or reversal of an upload transaction results in a negative Balance you will be required to repay such negative Balance by uploading sufficient funds into your ArtBoz Account. Failure to do so is a breach of these Terms. Repayment of the negative Balance is due immediately without notice. We reserve the right, at any time, to send you reminders or to take other debt collection measures including but not limited to mandating a debt collection agency or solicitors or to pursue the claim in court.

 

6.1.9 Uploaded funds will be credited to your ArtBoz Account after the funds have been received by us. Some upload transactions, such as those by credit or debit card, or direct debit might be credited to your ArtBoz Account immediately, but are subject to reversal if the actual funds do not reach us within a reasonable time, in which case we will deduct such reversed transaction from the Balance. If the Balance is insufficient, we reserve the right to require repayment from you.

 

6.1.10 For the purpose of an upload transaction through a Payment Method we will not be acting as a payment service provider when receiving such funds.

 

6.1.11 Uploads may be subject to upload limits due to security and legal requirements. These limits are set dynamically depending on your client type and the upload method you want to use. You should be aware that depending on your verification status your upload limits may be higher than your withdrawal or transfer limits.

 

6.1.12 When sending a payment, you will be asked to provide us with the requisite details that you will be prompted to give which will include the unique identifier in accordance with which we will execute your payment.

 

6.1.13 To send a payment you are required to authorize the payment with your login details and password. We may also ask you additional security questions relating to you or your ArtBoz Account.

 

6.1.14 A payment will be deemed to have been authorized by you if the relevant instruction has been given:

 

  in accordance with these Terms and any applicable security procedures;

  pursuant to any specific arrangements agreed with you and governed by separate terms and conditions.

6.1.15 Payments may be subject to payment limits due to security and legal requirements. You should ensure that your limits are sufficient to cover the payment you intend to make.

 

We may refuse to carry out a payment instruction if:

 

• The Balance at the time of a payment instruction is insufficient to cover the amount of the payment;
• We believe that you are acting in breach of these Terms;
• We believe that a transaction is potentially suspicious or illegal; or
• We are unable to carry out the transaction due to errors, failures (whether mechanical or otherwise) or refusals caused by merchants, payment processors, card networks or payment schemes who are processing transactions.

6.1.16 If we refuse to carry out a payment instruction, unless informing you would compromise reasonable security measures or be otherwise unlawful, we will inform you at the earliest opportunity and in any event in three Business Days following the day we have received the instruction. We will normally inform you with an error message on the ArtBoz Account. In some instances we may also inform you by phone or email.

 

6.1.17 You can contact us at MAIL ID  to ask for our reasons for refusing to carry out a payment instruction and for an explanation of how you can correct any information we hold that led to our refusal to approve a payment instruction.

 

6.2 Withdrawing Funds

 

6.2.1 You can request a withdrawal of all or part of the Fiat Currency held in your ArtBoz Account at any time. To do this you must complete the registration of your bank account information to ArtBoz, complete the Know Your Client (“KYC”) process, login to your ArtBoz Account and select a withdrawal method and enter the amount to be withdrawn.

 

6.2.2 You must not make a withdrawal to a bank account or other Payment Method if you are not the named holder of that bank account or other Payment Method. We take any violation of this requirement very seriously and will treat any attempt to use a Payment Method of which you are not the named holder as a fraudulent act.

 

6.2.3 Fiat Currency withdrawal methods are payment services provided, at least in part, by third party financial institutions (for example, the bank where you hold a bank account). We do not guarantee the availability of any particular withdrawal method and may make changes to discontinue a particular withdrawal method at any time and without prior notice as long as there is at least one withdrawal method available to you depending on your client type. Where the withdrawal payment is received by you through the involvement of a payment service provider (such as the bank where you hold a bank account), we shall not be responsible for the withdrawal payment once the withdrawn funds are received by your payment service provider.

 

6.2.4 Your ArtBoz Account is subject to withdrawal limits. These limits are adjusted dynamically depending on your client type. These limits will be displayed to you prior to withdrawing funds. Before uploading any funds into your ArtBoz Account, you must ensure that your current withdrawal and spending limits meet your withdrawal and spending requirements.

 

6.2.5 If your withdrawal request exceeds the relevant limit, we may decline your request and instead require you to send us documents verifying your identity and address prior to allowing a withdrawal of funds or to otherwise cooperate with us to verify your identity.

 

6.2.6 Without prejudice to claiming further damages, if we are required to investigate a withdrawal to a Payment Method that is not in your name, we may charge a reasonable administration fee.

 

6.2.7 Since withdrawal of funds (either in Digital Assets or Fiat Currency) requires time to process, the amount of time required for the fund to reach your bank account / financial institution / payment gateway and the transaction charges by these third party can be different significantly. We will not be liable for any charges / fees by any parties, or any loss related to or as the result of any delay of your funds. You must ensure that the payment details you enter when withdrawing funds are correct and complete. We will not be liable for withdrawn funds being sent to the wrong account where this is due to you providing incorrect payment details. When withdrawing to a bank account, you must ensure that the account number, sort code, IBAN and/or BIC/SWIFT are correct. If you have withdrawn funds to the wrong account, you may request that we assist you in reclaiming the funds. However, we may charge you our reasonable costs for doing so. Specifically, we must by law make reasonable efforts to recover the funds involved in the payment transaction and if we are unable to do so, we will, at your written request, provide to you all available relevant information in order for you as payer to claim repayment of the funds.

 

6.2.8 We may charge a fee for withdrawals, as described in the fee schedule      LINK

 

7 Digital Assets Protocols and Network Fees

 

7.1 You acknowledge that using Digital Assets, their networks and protocols, involves serious risks. It is your duty to learn about all the risks involved with Digital Assets, their protocols and networks. There are many, and describing these risks could fill chapters of a book. For example, the value of Digital Assets can change rapidly, increase or decrease unexpectedly, and potentially even fall to zero. For example, a bitcoin transaction may be unconfirmed for a period of time (usually less than one hour, but up to one day or longer) and may be never complete if it remains in a pending state. Further, if you send ERC 20 tokens to an Ethereum Digital Wallet that does not support ERC 20 tokens, your tokens will be lost entirely and will not be recoverable.

 

7.2 Even if ArtBoz alerts you to some of the risks involved with Digital Assets, their protocols and networks, ArtBoz has no responsibility to alert you to all these risks. ArtBoz has no control over, and ArtBoz makes no representations regarding the value of Digital Assets, or the security of their networks or protocols.
7.3 ArtBoz does not own or control the underlying software protocols which govern the operation of Digital Assets. Digital Assets protocols are subject to changes in protocol rules (referred to as “forks”), and such forks may materially affect the value, function, or name of the Digital Assets. You acknowledge and agree that:
(a) ArtBoz is not responsible for operation of the underlying Digital Assets protocols and/or Digital Assets, and that ArtBoz makes no guarantee of their functionality, security, or availability; and
(b) if a fork occurs, ArtBoz may temporarily suspend the Services relating to the Digital Assets affected, and ArtBoz may decide not to support the forked protocol entirely or may not configure its Services to enable you to transfer the affected Digital Assets.
8 AML Policy

 

8.1 We are guided by the Anti-Money Laundering, Counter-Terrorist Financing and Sanctions Rules that requires us to obtain, verify, and record information that identifies each person who opens an account. We will ask each person for his or her name, residential address, date of birth, and other information that will allow us to identify him or her. Details are in our AML Policy (https://www.ArtBoz.com/aml).
8.2 You agree, represent, and warrant that all funds in your account, your source of wealth, or funds deposited or to be deposited by you in the future on ArtBoz, are not the direct or indirect proceeds of any criminal or fraudulent activity.
8.3 In the event that applicable AML and sanctions requirements require us to block funds associated with your ArtBoz Account, we may: (i) freeze the funds in your account (ii) suspend your account; (iii) terminate your account; (iv) return funds to the destination of their origin or to an account specified by authorities; or (v) require you withdraw funds from your account within a certain period of time. We are not responsible for any losses, whether direct or indirect, that you may incur as a result of our complying with Applicable Laws or direction of any regulatory authority or government agency, or any writ of attachment, lien, levy, subpoena, warrant, or other legal order.

 

9 Risk Disclosure

 

9.1 You acknowledge and agree that you shall access ArtBoz and use the Services at your own risk. You acknowledge that by accessing ArtBoz and using the Services you are understand and accept the risks that include, but are not limited to, the following:

 

9.1.1 Digital Assets and NFTs are not legal tender and are not backed by the government. Legislative and regulatory changes or actions may adversely affect the use, transfer, and value of the Digital Assets or the NFTs;

 

9.1.2 The value of Digital Assets or NFTs may be derived from the continued willingness of market participants to exchange Digital Assets or NFTs or Fiat Currency, which may result in the potential for permanent and total loss of value of a particular Digital Assets of NFTs should the market for that Digital Assets or NFTs disappear.

 

9.1.3 The volatility and unpredictability of the price of Digital Assets or NFTs relative to Fiat Currency may result in significant loss over a short period of time. Price and liquidity of blockchain Assets, including the NFTs, are extremely volatile and may be subject to fluctuations. The price and liquidity of Digital Assets has been subject to large fluctuations in the past and may be subject to large fluctuations in the future.

 

9.1.4 Buy / Sell / Hold in Digital Assets or NFTs is susceptible to irrational market forces. Fluctuations in the price of other Digital Assets or NFTs could materially and adversely affect your Digital Assets or NFTs;

 

9.1.5 The nature of Digital Assets or NFTs may lead to an increased risk of financial crime, fraud, counterfeiting or cyber-attack, and may mean that technological difficulties experienced by ArtBoz may prevent the access to or use of your Digital Assets or NFTs.

 

9.1.6 Transactions in Digital Assets or NFTs may be irreversible, and, accordingly, losses due to fraudulent or accidental transactions may not be recoverable. There is limited or, in some cases, no mechanism for the recovery of lost or stolen Digital Assets or NFTs.

 

9.1.7 There are risks of Digital Assets or NFTs with regard to anonymity, accidental transactions, transaction recording, and settlement.

 

9.1.8 There is no assurance that a person who accepts Digital      Assets or NFTs as payment today will continue to do so in the future.

 

9.1.9 Some Digital Assets or NFTs transactions shall be deemed to be made when recorded on a public ledger, which is not necessarily the date or time that you initiated the transaction.

 

9.1.10 ArtBoz is not regulated as a financial institution. You understand and agree that you access and use the ArtBoz at your own risk. Any links to Digital Assets or NFTs related activity outside Hong Kong, which may be unregulated or subject to limited regulation.

 

9.1.11 You should carefully consider whether such use is suitable for you in light of your circumstances and financial resources. You should be aware that you may sustain a total loss of the funds in your ArtBoz Account, and that under certain market conditions, you may find it difficult or impossible to liquidate your holding.

 

9.1.12 You agree and understand that you are solely responsible for determining the nature, potential value, suitability, and appropriateness of these risks for yourself. ArtBoz does not give any advice or recommendations regarding the Digital Assets or NFTs.

 

9.1.13 You understand and agree that ArtBoz will not be responsible for any communication failures, disruptions, errors, or distortions you may experience when using the Digital Assets or NFTs or Fiat Currency or the Services or the Platform or the MarketPlace.

 

9.2 Internet transmission risks.

 

You acknowledge that there are risks associated with utilizing an Internet-based system including, but not limited to, the failure of hardware, software, and internet connections. You acknowledge that ArtBoz shall not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when exchanging Digital Assets via the Services, howsoever caused.

 

9.3 Third-Party Websites.

 

ArtBoz may link to other websites operated by or with content provided by third parties, and such other websites may link to our website. You agree and understand that ArtBoz has no control over any such other websites or their content and will have no liability arising out of or related to such websites or their content. The existence of any such links does not constitute an endorsement of such websites, their content, or their operators. ArtBoz is providing these links to you only as a convenience.

 

9.4 Third-Party Service Providers.

 

You agree and understand that we may use third parties to gather, review, and submit or facilitate submitting your data and activity from us to regulatory authorities on our behalf. By using ArtBoz, you agree to grant third-party providers that we may engage, the right, power, and authority to access and submit your data, activity, and personal and financial information to regulatory authorities on our behalf and in accordance with and pursuant to their terms and conditions, Privacy Policy, and/or other Policies.

 

9.5 Third-Party Information Accuracy and Usage.

 

An information provider is any company or person who directly or indirectly provides us with information. Such information could include, but is not limited to, overall market data, quotations from Exchanges, markets, dealers, and/or miners of Digital Assets. The third-party information we may provide through ArtBoz has been obtained from information providers and sources we believe are reliable; however, we cannot guarantee that this information is accurate, complete, timely, or in the correct order. The information belongs to the information providers. You may use this information only for your own benefit. You may not reproduce, sell, distribute, circulate, create derivative works from, store, commercially exploit in any way, or provide it to any other person or entity without our written consent or the consent of the information provider, if required.

 

9.6 More information of Risk can be found in our Risk Disclosure Statement at our website at : ArtBoz.com/legal/risk-disclosure-statement.

 

10 User Content

 

10.1 Your Content

 

You are responsible for the content that you provide or make available via the Services (“User Content”), or that other users provide or make available. ArtBoz will have no liability of any kind as a result of the deletion of, correction of, destruction of, damage to, loss of or failure to store or encrypt any User Content. If your access to the Services is suspended or terminated, you will not have access to the User Content.

 

10.2 Sharing of User Content

 

If you enable the features that allow you to share User Content with others, anyone you’ve shared User Content with (including the general public, in certain circumstances) may have access to your User Content.

 

10.3 License of User Content

 

You hereby grant ArtBoz and its contractors the right to,      use, modify, adapt, reproduce, distribute, transmit, display and disclose User Content as reasonably necessary to provide the Service or as otherwise permitted by these Terms. You represent and warrant that:

 

(a) you have all the rights in the User Content that you provide necessary for you to use the Service and to grant the rights in these Terms; and

 

(b) the storage, use, display, reproduction, distribution, modification, adaptation or transmission of such User Content doesn’t violate any law or these Terms.
10.4 Responsibility

 

You will:

 

© be solely responsible for the nature, quality and accuracy of the User Content;

 

(d) ensure that the User Content (including the storage or transmission thereof) complies with these Terms and any and all Applicable Laws;

 

(e) promptly handle and resolve any notices and claims relating to the User Content, including any notices sent to you by any person claiming that any User Content violates any person’s rights, such as take-down notices pursuant to any Applicable Laws and any other notices; and

 

(f) maintain appropriate security, protection and backup copies of the User Content, which may include, your use of additional encryption technology to protect the User Content from unauthorized access.
10.5 Inappropriate User Content

 

You will not store or transmit inappropriate User Content, including any User Content or items list out in the Prohibited Items under the section Allowed and Prohibited Items Policy below.

 

11 Allowed and Prohibited Items Policy

 

11.1 ArtBoz showcase original design items on the Site, the Platform, the MarketPlace, helping Users to reach our community and market. Users should follow the rules on the Allowed Items and Prohibited Items before User showcase their items.

 

11.2 If you have reason to believe that third-party material hosted or listed on ArtBoz, the Platform or the MarketPlace was illegally obtained, infringes your copyright or trademark rights, please contact us at MAIL ID immediately and file a notice of infringement to ArtBoz immediately:

 

1. PEAK Limited
   Address: Address
   Email: MAIL ID
   Formal infringement claims regarding the Content or the Services must include:

 

(a) A written communication delivered to us designated above;

 

(b) A physical or electronic signature of someone authorized to act on behalf of the copyright owner;

 

© Identification of the copyrighted work(s) allegedly infringed;

 

(d) Identification of material claimed to be infringing, reasonably sufficient to permit us to locate the material;

 

(e) Information reasonably sufficient to permit us to contact the complaining party. This can be an address, phone number, email address, or other suitable method of contact;

 

(f) A statement that the “complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and”

 

(g) A statement that the information in the notice is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the copyright owner.

 

11.3 We reserve the right to hide, to refuse to showcase, to remove content, to suspend service, to withhold from the User any sales proceeds generated by the item violated the Prohibited Item list, or to terminate your ArtBoz Account if we have reason that the User had breach or in violation to any of the rules or these Terms. For example, if we determine from the evidence that the Asset is stolen or was illegally obtained, or in response to formal infringement claims, we may refuse to showcase it, or we may withhold from the User any sales proceeds generated by the item in questions, and we will terminate a user’s access to the Services if the user is determined to be a repeat infringer. We research the final right at our sole discretion to determine what constitute a Prohibited Item.

 

11.4 Allowed Items

 

11.4.1 Original design: a creation that is designed and/or created by a designer. Its design should show originality. The creation should not be listed as a prohibited item in the Allowed & Prohibited Items policy.

 

11.4.2 Authorized representation: a product that is designed by someone else, but the designer or brand owner/company has signed a document stating that you are an authorized seller of that product.

 

11.5 Prohibited Items

 

11.5.1 Creation that do not belong to the categories of “original design,” or “authorized representation” as defined in Allowed Item.

 

11.5.2 Items which you cannot provide documentation stating your selling rights, or products for which you cannot provide proof of ownership or that are stolen.

 

11.5.3 Fakes, copies, or products that infringe copyrights, trademarks, other intellectual property rights, or proprietary rights of third parties.

 

11.5.4 Works that violate intellectual property laws and use images without the consent of the owner, or violates the rights to the publicity or privacy of others;

 

11.5.5 Non-original design Products, that made by following tutorials, online videos, instructions, or books.

 

11.5.6 Items containing unlawful, defamatory, threatening, pornographic, abusive, libelous or otherwise objectionable material of any kind or nature,

 

11.5.7 Any alcohol or tobacco products that do not comply with alcohol and tobacco related regulations.

 

11.5.8 Drugs, narcotics, steroids, other restricted drugs, or drug-taking equipment.

 

11.5.9 Medication and medical equipment not approved by ArtBoz.

 

11.5.10 Live animals, taxidermized animals, or products made using parts of animals under conservation.

 

11.5.11 Political and propaganda items.

 

11.5.12 Items that intended to, or tends to, promote hatred, bigotry, or harm towards others in the basis of race, ethnicity, national, origin, gender, identity, sexual orientation, religious affiliation, age, class, caste, disease, or disability.

 

11.5.13 Government documentation or licenses, identity cards, passports, police equipment or those of other law enforcement organizations, including uniforms or badges.

 

11.5.14 Currencies, shares, evidences of shareholding, bonds, investment interests, real-estate holdings, or other securities.

 

11.5.15 Products that can be interpreted as personal attacks on certain persons or peoples, or that hint at discrimination.

 

11.5.16 Products that are racially, or religiously derogatory, or that promote hatred, violence, or racial and religious intolerances; products that show gender discrimination or discrimination against people with disabilities.

 

11.5.17 Containing or that uses software viruses or other harmful or deleterious computer code, files or programs such as Trojan horses, worms, time bombs, cancelbots, or spyware.

 

11.5.18 Containing any item that harms, threatens, or harasses another person, organization, or ArtBoz.

 

11.5.19 Containing any material that encourages conduct that could constitute a criminal offense, or other products that encourage illegal activities or public disturbances, or are illegal to sell, or are promotional in nature.

 

11.5.20 Products that hint at violence or is violent in nature, or weapons, guns, gun powders, ammunitions, bullets, explosives or products with other harmful substances including but not limited to substance that contain radioactive, flammable, poisonous, erosive, or antidotes to these substances.

 

11.5.21 Other products deemed by ArtBoz as inappropriate or unfit for listing on the Site / Platform / MarketPlace.

 

12 Sale by Auction

 

12.1 You may sell and purchase NFTs through the Auction process. You may only participate in the Auction after your Account in ArtBoz had been approved, and you comply with the Allowed and Prohibited Items Policy.

 

12.2 ArtBoz may pause, cancel, or discontinue your Auction transactions at its sole discretion without liability

 

13 Your Ownership of the NFT

 

13.1 Apart from the Content, all other copyrights, trademarks, product names, and logos on the Site relating to and including the NFTs and User Content, are the property of their respective owners and may not be copied, imitated, or used, in whole or in part, without the permission of the applicable intellectual property right owner.

 

13.2 When you buy an NFT on ArtBoz, the Platform or the MarketPlace, you own the NFT and have the right to sell or give away the NFT. If the NFT is associated with a Sale Item, you will have a worldwide, perpetual, exclusive, transferable, licence to use, copy, and display the Sale Item for your NFT, for so long as you own the NFT, solely for the following purposes:

•  for your own personal, non-commercial use;
•  as part of the ArtBoz that permits the purchase, sale and display of your NFT;
•  as part of a third party website or application that permits the inclusion, involvement, storage, or participation of your NFT.

14 Confidentiality and Intellectual Property

 

14.1 This Service(s), ArtBoz Services, the Site, the Platform, the MarketPlace, ArtBoz’s proprietary software and any and all intellectual property rights pertaining thereto, including, without limitation text, content, graphics, inventions, patents and patent applications, trademarks, trade names, logos, copyrightable materials, images, designs (including the “look and feel” of the Services and any part thereof), specifications, methods, procedures, information, know-how, algorithms, data, technical data, interactive features, source and object code, files, interface, GUI and trade secrets, whether or not registered and/or capable of being registered (collectively, “Intellectual Property”), is/are protected by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights and laws of Hong Kong and other jurisdictions. You may not copy, distribute, display, execute publicly, make available to the public, emulate, reduce to human readable form, decompile, disassemble, adapt, sublicense, make any commercial use, sell, rent, lend, process, compile, reverse engineer, combine with other software, translate, modify or create derivative works of any material that is subject to ArtBoz’s proprietary rights, including ArtBoz ’s Intellectual Property, either by yourself or by anyone on your behalf, in any way or by any means, unless expressly permitted in these Terms. The Service(s) is/are also protected as a collective work or compilation under Hong Kong copyright and other laws and treaties. All individual articles, columns, and other elements making up the Service(s) is/are also copyrighted works. The User agrees to abide by all additional copyright notices or restrictions contained in the financial data provided.

 

14.2 The User acknowledges that the data from ArtBoz, the Services, the Site, the MarketPlace has been developed, compiled, prepared, and revised by ArtBoz and others (including certain other information sources) through the application of scientific methods and standards of judgment developed and applied through the expenditure of substantial time, effort and money and constitutes valuable intellectual property and trade secrets of ArtBoz, as set out in this section.

 

14.3 The User agrees to protect the proprietary rights of ArtBoz during and after the term of these Terms and to comply with all reasonable written requests made by ArtBoz or its suppliers of content, equipment or otherwise to protect their and others’ contractual, statutory and common law rights.

 

14.4 The User agrees to notify ArtBoz in writing promptly upon becoming aware of any unauthorized access or use of data or Intellectual Property (as outlined in paragraphs above) by any party.

 

14.5 The User agrees and understands that ArtBoz maintains and retains records of all information, activities, and communications relating to the User’s ArtBoz Account, and use of ArtBoz according to the laws and regulations.

 

14.6 Limited License: ArtBoz grants the User (individual / corporate) a non-transferable, non-exclusive, limited license to access and make use of the Service(s) for legal purposes and uses and that are otherwise permitted by these Terms, namely to access, use and utilize the information, including the financial information, through the Service(s), solely for the purposes set forth in these Terms. This license does not permit:

 

(a) any resale or commercial use of the Service(s) or the Content of any materials or information concerning the Service(s) (including without limitation any financial information);

 

(b) any collection and use of any listings, descriptions or prices, whether or not related to any such materials or information; any derivative use of the Service(s) or the Content or information except as expressly set forth in these Terms;

 

© any downloading or copying of account information for the benefit of another person or entity; or

 

(d) any use of data mining, robots, or similar data gathering and extraction Tools.

 

Except as expressly approved in writing by ArtBoz’s sole discretion and consistent with these Terms, the User shall not:
(a) sell, resell, sublicense, assign, share or otherwise allow the use of the Service(s), or the Content of materials or information concerning the Service(s), by or for the benefit of any other person, entity or group;

 

(b) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Services, or any part thereof, except (and solely) to the extent permitted by Applicable Law.

 

© download, copy, modify, publish, transmit, create derivative works from or in any way duplicate, replicate, extract or transfer any content or information concerning the Service(s) or made available through the Platform, including without limitation the financial information;

 

(d) use or utilize the Service(s) or materials or information concerning the Service(s) for any purpose whatsoever other than as expressly provided by ArtBoz in connection with the Service(s).

 

(e) assign (or grant a sub-license of) your rights to use the Services, grant an interest in or over your rights to use the Services, or otherwise transfer any part of your rights under these Terms. If ArtBoz provided you access to any of the Services (for example, a mobile app) in return for a fee, this license is conditioned on your payment of the fees due.

 

In connection with these Terms, and the User’s use and utilization of the information, including and without limitation to the financial information derived from the Service, ArtBoz might provide, and the User might receive, certain “Confidential Information” concerning one or more businesses, products, materials and/or services of ArtBoz. The User acknowledges and accepts that the items on the Platform / Site are highly valuable proprietary material, owned by ArtBoz.

 

No title to or ownership of any proprietary rights related to the Services is transferred to you pursuant to these Terms. All rights not explicitly granted to you under these Terms are reserved by ArtBoz.

 

The User agrees to hold at all times (notwithstanding any termination or expiration of these Terms) the items on the Platform / Sitein strict confidence and not disclose to any third party any items on the Platform / Site Items, unless:

 

(a) approved in writing by us, or

 

(b) for the purposes of using the Platform / Site and related services.

 

15 License

 

15.1 Except as outlined in section of “Confidentiality and Intellectual Property”, the User acquires no rights or licenses in or to any data or materials contained on the Platform / Site or available through the related services.

 

15.2 Should the User choose to download Content either from the Site, Platform, MarketPlace or through the use of the related services, the User must do so in accordance with these Terms. ArtBoz only permits such download for personal, noncommercial use only, in accordance with these Terms. For the avoidance of doubt, any such download does not transfer any other rights to the User.

 

16 ArtBoz Trademarks and Feedback

 

16.1 ArtBoz grants you no license or consent to use or display or use in any manner ArtBoz’s trademarks, service marks, logos or slogans. In the event that you provide comments, suggestions and recommendations to us with respect to the Services (including modifications, enhancements, improvements or suggested changes to the Services, or any feature or function of the Services) (collectively, “Feedback”), you hereby grant us and our affiliates a universe-wide, royalty free, irrevocable, perpetual license (with the right to grant and authorize sublicenses) to make, have made, use, import, offer for sale, sell, reproduce, distribute, modify, adapt, prepare derivative works of, display, publicly perform and otherwise exploit such Feedback without restriction, including in connection with the Services and any updates, extensions or successive versions of the Services.

 

17 Amendments to these Terms

 

17.1 ArtBoz may change these Terms from time to time, at its sole discretion and without any notice. The User can review the most current version of these Terms at any time in the Platform / Site. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to the Service(s). It is the User’s responsibility to check the Platform / Site periodically for changes. The User’s continued use of or access to the Platform / Site following the posting of any changes to these Terms constitutes acceptance of those changes. Please note that in the event that these Terms should be amended to comply with any legal requirements, such amendments may take effect immediately and without any prior notice, as may be required by law.

 

18 Contact

 

18.1 If you have any questions (or comments) concerning these Terms or the Service, you are welcome to contact us via email: cs@ArtBoz.com and we will make an effort to reply within a reasonable time-frame.

 

19 Notices

 

19.1 Except as otherwise specified in these Terms, all notices hereunder shall be in writing and shall be effectively given upon:

 

i personal delivery,

 

ii delivery of certified or registered mail, or by courier service,

 

iii the first business day after sending by email.

 

Notices shall be deemed to have been given, delivered and received upon receipt or attempted delivery (if receipt is refused), as the case may be, and the date of delivery identified by the applicable postal service on any return receipt card or confirmation by courier service, even if such delivery was refused.

 

Notices to you will be addressed using the contact information you provided to us in connection with your account. Notices to us will be address to us at our contact information below. Either party may update their contact information for notice purposes by giving the other party appropriate notice under this Section “Notices”.

 

Our address for notices:
V. PEAK Limited
Address

Email: MAIL ID

 

You are responsible for providing valid email address and mobile number for communication with ArtBoz and keeping your email address and mobile number up to date in your ArtBoz Account profile in order to receive any notices or alerts that we may send you.

 

20 Third Party Services and Non-ArtBoz Applications

 

20.1 Links to other sites and optional Tools

 

The Platform may contain links to other sites / platform and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources.

 

We may provide the User with access to third-party Tools over which we neither monitor nor have any control or input. The User acknowledges and agrees that we provide access to such Tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to the User’s use of optional third-party Tools. Any use by the User of optional Tools offered through the Service(s) is entirely at the User’s own risk and discretion and the User should ensure that they are familiar with and approve of the terms on which Tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the Platform, App or Service(s) (including, the release of new Tools and resources). Such new features and/or services shall also be subject to these Terms.

 

20.2 Non-ArtBoz Applications

 

The Services may contain features designed to interoperate with a third party service, program, website or content that is provided, owned or licensed by you or a third party (“Non-ArtBoz Application”). To use such features, you must procure Non-ArtBoz Applications from the providers of such Non-ArtBoz Applications, and may be required to grant us access to your account on the Non-ArtBoz Applications. If you enable a Non-ArtBoz Application for use with the Services, you grant us permission to allow the provider of that Non-ArtBoz Application to access your information and end user data as required for the interoperation of that Non-ArtBoz Application with the Services. We are not responsible for any disclosure, modification or deletion of Content or User Content or end user data resulting from access by a Non-ArtBoz Application. If the provider of a Non-ArtBoz Application ceases to make the Non-ArtBoz Application available for interoperation with the corresponding Services features on reasonable terms, we may cease providing those Services features without entitling you to any refund, credit, or other compensation.

 

20.3 Third Party Services

 

In connection with your use of the Services, you may be made aware of or offered services, Content, features, products, Non-ArtBoz Applications, linked to through certain third party Exchanges, websites, offers and promotions provided by third parties (individually and collectively, “Third Party Services”). Such Third Party Services are independent from the Services. You hereby acknowledge that ArtBoz has no control over such Third Party Services, and further acknowledge and agree that ArtBoz is not responsible for the availability of Third Party Services, and does not endorse and is not responsible or liable for any goods, services, content, advertisements, products, or any materials available on and/or through such Third Party Services.

 

We may make Third Party Services available to you. However, our inclusion or promotion of Third Party Services does not reflect a sponsorship, endorsement, approval, investigation, verification, certification or monitoring of such Third Party Services by ArtBoz. Your acquisition of Third Party Services, and any exchange of data between you and any non-ArtBoz provider, is solely between you and such provider. ArtBoz does not warrant Third Party Services in any way. Under no circumstances will we have any liability for Third Party Services. Use Third Party Services at your own risk, and under terms and conditions between you and the provider of Third Party Services that are different than the provisions of these Terms.

 

You further acknowledge and agree that ArtBoz shall not be responsible or liable, directly or indirectly, for any damage or loss whatsoever caused, or alleged to be caused, by or in connection with use of or reliance on any goods, services, content, products or other materials available on or through any Third Party Services and/or Exchanges. Most Exchanges and Third Party Services provide legal documents, including these Terms and the Privacy Policy, governing the use of each such Third Party Services and Exchanges, their contents and services. It’s your responsibility to read these legal documents carefully before using any such Third Party Services or Exchanges.

 

21 Passwords and Security

 

21.1 You are responsible for maintaining adequate security and control of any and all log in IDs, passwords, private keys, personal identification numbers (PINs), and any other codes that you use to access the Service. You will be solely responsible for the private keys that we provide to you or that you generate for our Digital Wallets and maintaining secure back-ups. You will prevent unauthorized access to or use of the Services using your account credentials or private keys and notify us promptly of any such unauthorized access or use.

 

21.2 You must keep your account ID, passwords and any other account credentials confidential and not authorize any third party to access or use the Service on your behalf, unless we provide an approved mechanism for such use. You agree to notify us at MAIL ID of any security breach of your account, system or network as soon as possible. You agree to cooperate with us in the investigation of any suspected unauthorized access to or use of the Services using your account credentials or private keys, and any security breach of your account, system, or network, and provide us with the results of any third-party forensic investigation that you undertake. You will be responsible, and ArtBoz will have no liability, for all activity that takes place with your ArtBoz Account accessed using your account credentials, whether or not authorized by you.

 

22 Accessing the Platform and the Site outside Hong Kong

 

22.1 ArtBoz controls and operates the Service(s), the Site, the Platform, the MarketPlace, including the App, from its location in Hong Kong and is subject to the laws of Hong Kong.

 

22.2 ArtBoz does not represent that materials and information concerning the Service(s), the Site, the Platform and/or Tools are appropriate or available for use in countries outside Hong Kong. If a User chooses to access the Service(s) and/or Tools from outside Hong Kong, the User is responsible for compliance with foreign and local laws.

 

23 Accuracy, Completeness and Timeliness of Information

 

23.1 Occasionally there may be information on the Platform / Site or concerning the Service(s) that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, charges, processing times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information concerning the Service(s) or on any related website / platform is inaccurate at any time without prior notice (including after the User has submitted their order). We undertake no obligation to update, amend or clarify information concerning the Service(s) or on any related website / platform, including without limitation, pricing information, except as required by law.

 

23.2 We are not responsible if information made available on the Service(s) is not accurate, complete or current. The material concerning the Service(s) is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material concerning the Service(s) is at the User ’s own risk.

 

23.3 The Service(s) may contain certain historical information. Historical information, necessarily, is not current and is provided for the User’s reference only. We reserve the right to modify the contents of material concerning the Service(s) at any time, but we have no obligation to update any information concerning the Service(s). The User agrees that it is the User’s responsibility to monitor changes to the information concerning the Service(s).

 

24 Disclaimer and Limitation of Liability

 

24.1 You, the User, expressly agree that use of the Platform and ArtBoz’s Services, at the User’s sole risk. In no case shall ArtBoz, its parent companies, subsidiaries, affiliates, directors, officers, employees, agents, representatives, partners, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from the User’s use of any of the Service(s) or any products procured using the Service(s), or for any other claim related in any way to the User’s use of the Service(s) or any such product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service(s) or the Content (or product) posted, transmitted, or otherwise made available via the Service(s), even if advised of their possibility, except to the maximum extend permitted by law.

 

24.2 ArtBoz provides the Services (and any part thereof), including without limitation any content, data and information related thereto “as is”, “with all faults” and “as available”. To the maximum extent permitted by Applicable Law, ArtBoz makes no (and specifically disclaims all) representations or warranties of any kind, whether express, implied, statutory or otherwise, including, without limitation: (a) any warranty that the Services will be uninterrupted, error-free, free of virus, worms or free of other harmful components, that the Content will be secure or not otherwise lost or damaged; (b) any implied warranty of merchantability, satisfactory quality, fitness for a particular purpose, or non-infringement; © any warranty with respect to the quality of products and services provided by third parties and/or exchanges; or (d) any warranty arising out of any course of performance, course of dealing, usage of trade or use of Services. ArtBoz makes no warranty or representation and disclaims all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security, usefulness, effectiveness or reliability of the Services or the Content, data, results, or other information obtained or generated by ArtBoz and/or any user related to your or any user’s use of the Services; (ii) any harm to your computer system or mobile or electronic equipment, loss of data, or other harm that results from your access to or use of the Services or the Content; (iii) the deletion of, or the failure to store or to transmit, any content and other communications maintained by the Services; and (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from ArtBoz, its affiliates, related companies, officers, directors, employees, agents, representatives, partners, or licensors (collectively, “released entities”), or through the Services, will create any warranty or representation.

 

24.3 In no event will the aggregate liability of ArtBoz, its parent companies, subsidiaries, affiliates, directors, officers, employees, agents, representatives, partners, contractors, interns, suppliers, service providers or licensors liability arising from or relating to these Terms or the Services exceed the greater of: (a) USD 50, or (b) the amount paid, if any, by you to ArtBoz for the Services in the twelve (12) months before your claim arose. The foregoing limitation applies under any theory of liability, including, without limitation, contract, tort, warranty, negligence or otherwise. These limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose. No action may be brought by you for any breach of these Terms more than one (1) year after the accrual of such cause of action. You hereby acknowledge and agree that these limitations of liability are agreed allocations of risk constituting in part the consideration for the Services to you, and such limitations will apply notwithstanding the failure of essential purpose of any limited remedy, and even if ArtBoz and/or any ArtBoz affiliates has been advised of the possibility of such liabilities and/or damages.

 

24.4 In addition to the liability cap in Section of Disclaimer and Limitation of Liability above, in no event shall we, our affiliates or service providers, or any of our or their respective officers, directors, agents, employees or representatives, be liable for any of the following types of loss or damage arising under or in connection with these Terms or otherwise:

 

24.4.1 any loss of profits or loss of expected revenue or gains, including any loss of anticipated profits and / or any actual or hypothetical losses, whether direct or indirect, even if we are advised of or knew or should have known of the possibility of the same. This means, by way of example only (and without limiting the scope of the preceding sentence), that if you claim that we failed to process a buy or sell transaction properly, your damages are limited to the amounts defined in section 23.3 of these Terms, and that you may not recover for any “loss” of anticipated profits or for any actual losses made as a result of the failure to buy or sell;

 

24.4.2 any loss of, or damage to, reputation or goodwill; any loss of business or opportunity, customers or contracts; any loss or waste of overheads, management or other staff time; or any other loss of revenue or actual or anticipated savings, whether direct or indirect, even if we are advised of or knew or should have known of the possibility of the same;

 

24.4.3 any loss of use of hardware, software or data and / or any corruption of data; including but not limited to any losses or damages arising out of or relating to any inaccuracy, defect or omission of digital currency price data; any error or delay in the transmission of such data; and / or any interruption in any such data; and

 

24.4.4 any loss or damage whatsoever which does not arise directly as a result of our breach of these Terms (whether or not you are able to prove such loss or damage).

 

24.5 ArtBoz is not responsible for operation of the underlying protocols of Digital Assets or NFTs and ArtBoz makes no guarantee of their functionality, security, or availability; and if a fork occurs, ArtBoz may temporarily suspend the Services relating to the Digital Assets affected, and ArtBoz may decide not to support the forked protocol entirely or may not configure its Services to enable you to transfer the affected Digital Assets.

 

24.6 If this Disclaimer and Limitation of Liability section is deemed to conflict with any other section of these Terms, Disclaimer and Limitation of Liability section supersedes the other section.

 

24.7 ArtBoz may, at its sole discretion and without an obligation to do so, correct, modify, amend, enhance, improve and make any other changes to the Services at any time or to discontinue displaying or providing any content or features without any notice to you.

 

24.8 You agree and acknowledge that the use of the Services, including the transfer of any payment or Digital Assets through the Services and/or your use of the Exchange and/or of any Digital Assets from the Exchange(s), is entirely, or otherwise to the maximum extent permitted by Applicable Law, at your own risk. Further, you agree and acknowledge that ArtBoz, its subsidiaries or affiliates shall not be responsible or liable whatsoever, directly or indirectly, for any charges or fees incurred by the issuing bank nor from the credit or debit card company.

 

You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the Content. Examples offered herein are for educational purposes only. Accordingly, in no event will ArtBoz, its related entities, or its and their respective owners, agents, officers or employees be liable to you or anyone else for any decision made or action taken in reliance on the information contained on the Site / Platform or for any consequential, special or similar damages, even if advised of the possibility of such damages.

 

24.9 Presentations, discussion, illustrations, or suggestions from the Platform or from support staff do not constitute any binding promises or investment advice. Support is only available according to the technological and linguistic variables over which the Platform has no control and for which ArtBoz does not assume any responsibility.

 

24.10 The ArtBoz names and logos and all trademarks, tradenames and other intellectual property related thereto appearing on the Site / Platform are the property of ArtBoz and its related entities and cannot be used without ArtBoz’s express prior written approval.

 

25 Cost of Service(s)

 

25.1 ArtBoz may charge you, the User, fees or commissions for using services via the Platform, as disclosed by ArtBoz from time to time in the fee schedule LINK. It is the responsibility of the User to consult with ArtBoz directly for clarification and understanding of all fees before opening a ArtBoz Account or use the Services.
25.2 You will be notified of any changes through our announcements in the Site / Platform / MarketPlace, email or SMS. Upon receiving such notification, it is your responsibility to review the amended fee schedule. If you continue to use ArtBoz after receiving a notice of changed fee schedule, it means that you accept and agree to the changes. You authorize us to charge or deduct Digital Assets, NFTs or Fiat Currency from your ArtBoz Account for any applicable fees owed in connection with transactions you complete using the Services.
25.3 In the event the amount of the Fee or commissions to be charged at a specified time is smaller than the tick size of the Digital Assets account on the Platform, the corresponding fee amount will not be withheld from your ArtBoz Account.

 

26 Availability, Updates, Changes to the Service and Prices, Downtime and Maintenance

 

26.1 The Service’s availability and functionality depend on various factors, such as communication networks, software, hardware, ArtBoz’s service providers and contractors, and such Third Party Services carrying the Service. ArtBoz does not warrant or guarantee that the Services will operate and/or be available at all times without disruption or interruption, or that it will be immune from unauthorized access error-free.

 

26.2 ArtBoz reserves the right to modify, correct, amend, enhance, improve, make any other changes to, or discontinue, temporarily or permanently, the Service (or any part thereof) without notice, at any time. Prices for the Service(s) are subject to change without notice. In addition, you hereby acknowledge that the Content available through the Service may be changed, extended in terms of content and form or removed at any time without any notice to you. You agree that ArtBoz shall not be liable to you or to any third party for any modification, price change, suspension, error, malfunction or discontinuance of the Service (or any part thereof).

 

26.3ArtBoz may, in its sole discretion, make unscheduled deployments of changes, updates or enhancements to the Service at any time. We may add or remove functionalities or features, and we may discontinue the Service altogether. Depending on your device settings, we may automatically check your version of the App / software, and automatically download to your device new versions of the App/ software, or, you should check for new version of the App / software periodically in your mobile app store or in the Site / Platform.

 

26.4 You agree and understand that part of or all of the Services, the Site, the Platform, the MarketPlace may be periodically unavailable during scheduled maintenance or unscheduled downtime (“Downtime”). You agree and understand that ArtBoz is not liable or responsible to you for any inconvenience or damage to you as a result of Downtime. Following Downtime, when services resume, you understand that market conditions and prices may differ significantly from the market conditions and prices prior to such Downtime.

 

27 Suspension and Termination

 

All provisions of these Terms, which by their nature extend beyond the termination or expiration of these Terms, but not limited to, sections pertaining to:

 

• Disclaimer and Limitation of Liability
• User Representations and Undertakings
• General
• Confidentiality and Intellectual Property
• License
• ArtBoz Trademarks and Feedback
• Suspension and Termination
• Arbitration
• Other Terms

and will continue to be binding and operate after the termination or expiration of these Terms.

 

Termination of these Terms shall not be construed to waive or release any claim that a party was entitled to assert at the time of such termination.

 

These Terms are effective unless and until terminated by either the User or us. The User may terminate these Terms by initiating a withdrawal of all of their funds managed through the Service(s) at any time, and then by de-authorizing the Service(s) within their ArtBoz account once the withdrawal of the User funds is complete.

 

27.1 We reserve the right, to (i) refuse to complete, block or cancel any transaction (even after Assets have been debited from your Balance) you have authorized, (ii) refuse to accept new orders to buy in your account, (iii) freeze or lock the Assets in your account, (iv) suspend, deactivate or cancel your ArtBoz Account, including accounts beneficially owned by you or for which you are a representative with immediate effect, (v) temporarily suspend or terminate your access to the Service(s), and (vi) to immediately investigate your ArtBoz Account if we suspect, at any time in our sole discretion, with or without cause, and with or without notice, without incurring liability of any kind. For example, we may suspend or terminate your access to or use of the Service for:

 

i the actual or suspected violation of these Terms, any Applicable Law;

 

ii the use of the Service(s) in a manner that may cause ArtBoz to have legal liability or disrupt others’ use of the Service(s), (each, a “Violation”);

 

iii scheduled Downtime and recurring Downtime, or unplanned technical problems and outages takes place;

 

iv we are required to do so by a regulatory authority or court order;

 

v the account is, or is related to any account that is, subject to any pending litigation, investigation, or governmental proceeding;

 

vi we believe someone is attempting to gain unauthorized access to the account or we suspect the ArtBoz Services are being used in a fraudulent or unauthorized manner;

 

vii the account has not been accessed in three years or more.

 

You acknowledge that our decision to take certain actions, including limiting access to, suspending, or closing your ArtBoz Account, may be based on confidential criteria that are essential for the purposes of our risk management and security protocols. You agree that we are under no obligation to disclose the details of its risk management and security procedures to you.

 

User will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny the User access to the Service(s) (or any part thereof). You are responsible for any fees, costs, expenses, charges, or obligations associated with the closing of your ArtBoz Account. If the costs of closing of your ArtBoz Account exceed the value in your account, you agree to reimburse us.

 

You agree that if we determine, in our sole discretion, that you have committed a Violation, we have the right to debit from your ArtBoz Account any damages suffered by us as a result of the Violation.

 

You agree to be obligated to respond to any requests in writing that you receive from us in relation to investigating your account or transactions or any other information request initiated pursuant to these Terms within the time frame defined in the request.

 

If we refused to complete your transaction or suspended your ArtBoz Account, we will lift the suspension or complete the transaction as soon as reasonably possible once the reasons for refusal or suspension cease to exist. However, we are not obligated to allow you to reinstate a transaction at the same price or on the same terms as the suspended, reversed or cancelled transaction.

 

If we suspend or close your ArtBoz Account or terminate your use of ArtBoz Services for any reason, we reserve the right to require you to re-complete account verification before permitting you to transfer or withdraw your Assets.

 

27.2 Additionally, ArtBoz may at any time, at its sole discretion, cease the operation of the Service or any part thereof, temporarily or permanently, without giving any prior notice. You agree and acknowledge that ArtBoz does not assume any responsibility nor liability with respect to, or in connection with the termination of the Service and/or loss of any data. If your account is terminated, we will return your Digital Assets/Fiat Currency to the address/bank account provided by you upon receiving written notice from us, unless we are instructed by the authorities not to release your funds, less the value of any withdrawal fees, fee discounts, rebates, and/or damages that we are entitled to pursuant to these Terms.

 

27.3 Unclaimed Assets

 

If we hold your Digital Assets, NFTs or Fiat Currency, and your ArtBoz Account remains closed or dormant for several years, and we are unable to contact you, Applicable Law may require us to report the Digital Assets as unclaimed property to the authorities. We will use reasonable efforts to contact you by giving you a written notice, but if we will receive no response from you, we may be required to deliver any such Digital Assets, NFTs or Fiat Currency to the authorities. We reserve the right to deduct administrative charges from such unclaimed funds, as permitted by Applicable Laws.

 

28 Taxes.

 

28.1 ArtBoz does not provide tax advice. The User agrees that they will determine any tax implications associated with use of, and any transactions made using the Service(s). Our fees do not include any taxes, levies, duties or similar governmental assessments of any nature, including, for example, value-added, sales, use or withholding taxes, assessable by any jurisdiction whatsoever (collectively, “Taxes”).

 

28.2 You agree that you are solely responsible for determining what, if any, Taxes apply to your Digital Assets or NFTs transactions on the Site, the Platform or the MarketPlace. Neither ArtBoz nor any other ArtBoz Party is responsible for determining the Taxes that may apply to your Digital Assets or NFT transactions. You are responsible for paying all Taxes associated with your purchases hereunder. The User is solely responsible for all tax consequences. The User should consult an accountant, lawyer or tax authorities in their jurisdiction to determine any tax consequences. The Indemnifications referenced above extend to all such tax consequences.

 

28.3 If we have the legal obligation to pay or collect Taxes for which you are responsible, we will invoice you and you will pay that amount unless you provide us with a valid tax exemption certificate authorized by the appropriate taxing authority. For clarity, we are solely responsible for Taxes assessable against us based on our income, property and employees (“ArtBoz Taxes”). If Applicable Law requires you to withhold ArtBoz Taxes from your payment(s) to ArtBoz, you will provide reasonable assistance to ArtBoz in connection with such ArtBoz Taxes by:

 

(a) promptly providing ArtBoz with valid tax receipts and other required documentation evidencing your payment of such ArtBoz Taxes; and

 

(b) assisting ArtBoz in filing applications to reduce such ArtBoz Taxes.

 

29 Indemnification

 

29.1 You agree to indemnify and hold ArtBoz and its parent, subsidiaries, affiliates, officers, agents, directors, partners, contractors, licensors, service providers, subcontractors, suppliers, interns and employees harmless from any claim, action, investigation or demand, damages, obligations, losses, liabilities, costs, debts, fines, late fees, cancellation fees and expenses (including attorney’s fees) arising out of or relating to:

 

(a) User Content;

 

(b) Use of the Service by you or under your account; or

 

© your      violation of these Terms, any law or of any third party rights. ArtBoz will use commercially reasonable efforts to notify you of any such claim, action, investigation or demand that is subject to your indemnification obligation.

 

(d) any damage of any sort, whether direct, indirect, special or consequential, you may cause to any third party which relates to your use of the Service, including without limitation any damage related to Digital Assets purchased and/or sold by you from or to an Exchange and in connection with the Service;

 

(e) any charge-back or cancellation of any monetary deposit, Digital Assets transfer or payment made by you through the Service.

 

30 Choice of Law and Alternate Forum

 

30.1 These Terms, and the rights and remedies provided hereunder, and any and all claims, disputes and controversies arising hereunder or related hereto and/or to the Service(s), their interpretation, or the breach, termination or validity thereof, the relationships which result from these Terms, or any related transaction shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with laws of Hong Kong, each without regard to conflict of laws principles.

 

30.2 The Terms and any separate agreements whereby we provide the User Service(s) shall be governed by and construed in accordance with the laws of Hong Kong.

 

31 Arbitration

 

31.1 You and ArtBoz agree that any dispute, claim or controversy, whether contractual or non-contractual, arising out of or in connection with these Terms or any of the Services (including the existence, breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of these Terms to arbitrate) shall be determined and finally resolved solely and exclusively by binding arbitration administered by The Hong Kong International Arbitration Centre (“HKIAC”) instead of in courts of general jurisdiction. The language to be used in the arbitral proceedings will be English. The arbitration hearings will take place in Hong Kong. The seat of the arbitration will be HKIAC. The law governing the arbitration proceedings shall be the law of the seat. You agree that you and ArtBoz are each waiving the right to a trial by jury and to participate in a class action. This arbitration provision shall survive any termination of other terms.

 

31.2 You expressly agree that any dispute about the scope of these Terms to arbitrate and/or the arbitrability of any particular dispute shall be resolved in arbitration in accordance with this section. In the event that you threaten to litigate a dispute in court, we may institute arbitration to enjoin you from filing a complaint or petition in court. You expressly agree that an arbitrator may issue all appropriate declaratory and injunctive relief necessary to ensure the arbitration of disputes.

 

31.3 The arbitrator shall not have the power to award damages that are limited or waived by these Terms (such as punitive damages, treble damages, or any other damages which are not compensatory), to the extent such limitation or waiver is permitted under Applicable Law, and the parties waive any right to recover any such damages. Further, the arbitrator shall have no power to issue any award that is contrary to or inconsistent with any applicable statute, case law or constitutional law, to modify, change or excuse performance of any material term of these Terms, or to award equitable relief. The arbitration proceedings and decision of the arbitrator shall be kept confidential (and may not be disclosed) by the parties or the arbitrator, except to the extent necessary to compel any award made by the arbitrator. You agree that the arbitrator shall have the authority to order any remedies, legal or equitable, which a party could obtain from a court of competent jurisdiction based on the claims asserted, and nothing more.

 

31.4 You and ArtBoz agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. Further, unless both you and ArtBoz agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding.

 

31.5 You agree that any such arbitration shall be conducted in accordance with the HKIAC in force on the date on which the Request for Arbitration is filed with the Registrar of the HKIAC, with the following exceptions to such Rules if in conflict:

 

• Any arbitration must be commenced within one year after the claim or cause of action arises;
• The arbitration shall be conducted by one neutral arbitrator;
• You agree that service of a demand for arbitration via a written notice constitutes sufficient written notice of the Request for Arbitration;
• Arbitration may proceed in the absence of any party if that party has been given a written notice of the arbitration, as specified in these Terms and/or the Rules; and
• Each side agrees to bear its own attorney’s fees, costs, and expenses.
• You agree to abide by all decisions and awards rendered in such proceedings and you agree that such decisions and awards rendered by the arbitrator shall be final and conclusive.

31.6 To the extent you seek emergency interim relief concurrent with or following the filing of a Request for Arbitration but prior to the constitution of the Tribunal by filing an application for emergency interim relief with the Registrar of the HKIAC in connection with any controversy, claim, or dispute arising out of or relating to these Terms or the breach thereof, you agree that it shall be governed by the section “Emergency Arbitirators” of the Rules. You agree and understand that these Terms restricts you from seeking emergency relief from any court, including without limitation temporary restraining orders and/or preliminary injunctions, and you agree that, to the extent you breach these Terms by seeking such relief from a court, you shall be responsible for paying ArtBoz’s attorneys’ fees in opposing such relief, and the arbitrator shall render an award of such attorneys’ fees at the earliest possible time after such fees are incurred.

 

31.7 You agree that you or we may, without inconsistency with this arbitration provision, apply to any court for an order enforcing the arbitral award. You irrevocably and unconditionally agree to waive any objection that you may now or hereafter have to the laying of venue of any action or proceeding relating to enforcement of the arbitral award in the courts located in Hong Kong.

 

31.8 If for any reason this arbitration clause becomes not applicable or for any other reason litigation proceeds in court then you agree that you and we: submit to the exclusive jurisdiction and venue of the courts located in Hong Kong and you agree not to institute any such action or proceeding in any other court in any other jurisdiction.

 

31.9 You agree to arbitrate solely on an individual basis, and agree and understand that these Terms does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. The arbitral tribunal may not consolidate more than one customer’s claims and may not otherwise preside over any form of a representative or class proceeding. In the event the prohibition on class arbitration is deemed invalid or unenforceable, then you agree and understand that the remaining portions of these arbitration provisions in these Terms will remain in full force and effect.

 

31.10 You agree that this section of these Terms has been included to rapidly and inexpensively resolve any disputes with respect to the matters described herein, and that this section shall be grounds for dismissal of any court action commenced by you with respect to a dispute arising out of such matters.

 

31.11 Savings Clause.

 

If any provision of these Terms is found by a court of competent jurisdiction or arbitrator to be invalid or unenforceable, the parties agree that the court or arbitrator should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. If the court or arbitrator cannot do so, then the parties agree that the court or arbitrator should strike the invalid or unenforceable provisions, and that the remaining provisions be given their full force and effect.

 

32 Interpretation

 

32.1 The terms ‘include’ and ‘including’ will be deemed to be immediately followed by the phrase “without limitation”. These Terms do not confer any rights or benefits to any third party beneficiaries. The headings appearing at the beginning of sections have been inserted for identification and reference purposes only and must not be used to construe or interpret these Terms. The word “will” expresses an obligation equivalent to “shall”. These Terms will not be construed in favor of or against any party by reason of the extent to which any party participated in the preparation of these Terms. We each agree to contract in the English language. Notwithstanding any other provision of these Terms, any translation of these Terms is provided for your convenience. The meanings of terms, conditions, and representations herein are subject to their definitions and interpretations in the English language. No failure or delay by either party in exercising any right under these Terms will constitute a waiver of that right.

 

33 Complaints handling

 

33.1 V. PEAK Limited contact point and the Client complaints handling and disputes policy can be found in our website at: LINK

 

33.2 When receiving a Complaint from you we reserve the right to obtain information about the Complaint sufficient to ensure the Complaint can be properly handled and to have a reasonable time to resolve or to investigate the complaint.

 

When you send your Complaint, please provide as much detail as possible about the cause of your complaint. It’s important that you also indicate how would you like us to resolve the issue to your satisfaction and your rationale for this outcome.

 

When investigating your Complaint, we will consider the subject matter of your Complaint, the evidence you have provided and the evidence on our records. In some circumstances we may contact you for further clarification to your submission and will do our best to respond within a timely period.

 

33.3 You acknowledge and agree to complete the Complaint resolution process before contacting any regulatory bodies, or filing for arbitration.

 

34 Other Terms

 

34.1 The User agrees that he, she or it is responsible for obtaining and maintaining all computer hardware, software, communications equipment, and access lines necessary to access the Service(s) and/or Tools. The User shall bear all costs and expenses associated with such equipment and resources as well as their rights and obligations under these Terms and the Service(s). ArtBoz is not responsible for any interruption or failure attributable to such computer hardware, software, communications equipment, access lines, or any third party hosting sites or platform that ArtBoz uses.

 

34.2 In the event of any conflict or inconsistency between ArtBoz’s User Agreement and these Terms concerning the Service(s), these Terms govern and take precedence.

 

34.3 These Terms do not, and shall not be construed to create any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between ArtBoz and you.

 

34.4 If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.

 

34.5 No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default.

 

34.6 Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.

 

34.7 These Terms constitute the entire terms and conditions between you and ArtBoz relating to the subject matter herein and supersede any and all prior or contemporaneous agreements, understandings, promises, conditions, negotiations, covenants or representations, whether written or oral, between ArtBoz and you, including, without limitation, those made by or between any of our respective representatives, with respect to the Service. You agree that you will make no claim at any time or place that these Terms have been orally altered or modified or otherwise changed by oral communication of any kind or character. You further agree that you are not relying upon any promise, inducement, representation, statement, disclosure or duty of disclosure of ArtBoz in entering into these Terms.

 

34.8 Entire Agreement

 

These Terms, including the Privacy Policy and other terms, Policies and guidelines incorporated by reference, constitute the entire agreement between you and ArtBoz and govern your use of the Service, superseding any prior agreements between you and ArtBoz with respect to the Service.

 

34.9 No third-party beneficiaries; Assignment.

 

ArtBoz and you are not legal partners or agents of each other. This contract is solely for your and our benefit. It is not for the benefit of any other person, except for permitted successors.

 

ArtBoz may assign its rights and obligations hereunder and/or transfer ownership rights and title in the Service(s) to a third party without your consent or prior notice to you. Your rights and obligations under these Terms are not assignable. Any attempted or actual assignment thereof without ArtBoz’s prior explicit and written consent will be null and void. In the event that we are acquired by or merged with a third-party entity, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from you as part of such merger, acquisition, sale, or other change of control.

 

34.10 Legal Costs

 

You agree to indemnify us for actual, reasonable legal costs and expenses directly related to your account or any related account that are a result of any regulatory inquiry, legal action, litigation, dispute, or investigation whether such situations occur or are anticipated, that arise or relate to you or your use of ArtBoz. As a result, we will be entitled to charge your ArtBoz Account for such costs without notice, including legal and enforcement related costs that we incur. Any withholding will last for a period of time that is reasonably necessary to resolve any regulatory or legal issue at hand, and we may place any amounts garnered from you in a separate account, and will pay you the remaining Balance after any noted issue has been resolved. Furthermore, you agree that where such anticipated or actual actions relate to a specific Asset in your account, that Asset may not be transferred out of said account until the matter is resolved. We will provide copies of all invoices on request.

 

34.11 Force Majeure

 

You agree and understand that in no event shall we are liable for delays, failure in performance or interruption of service which result directly or indirectly from any cause or condition beyond our reasonable control, including, but not limited to, any delay or failure due to any act of God, act of civil or military authorities, act of terrorists, civil disturbance, war, strike or other labor dispute, fire, interruption in telecommunications or internet services or network provider services, failure of equipment and/or software, other catastrophe or any other occurrence which is beyond our reasonable control and shall not affect the validity and enforceability of any remaining provisions.

 

Hello, and welcome to ArtBoz® (“ArtBoz” “we,” “us,” “our”), owned and operated by V . PEAK. ArtBoz provides a technology platform through which digital assets in the form of Non-Fungible Tokens (each and “NFT”) and any associated physical items (“Physical Items”) can be offered, exchanged, sold and purchased (the “Platform”).

An “Asset” as defined in these Terms is an Ethereum-based token complying with the “non-fungible” ERC-1155 standard, or other similar Multi-Token Standard, intended to be an NFT identified by a unique ID, thus allowing the representation of ownership over digital assets.

The Platform, including all associated features and functionalities, websites, progressive web applications, mobile applications, and user interfaces, and all content and software associated with the Platform, and as well as other products and services that may be developed by ArtBoz from time to time and all uses thereof (collectively, the “Services”) are governed by these Terms of Use (the “Terms”).

PLEASE READ THESE TERMS CAREFULLY BEFORE YOU ACCESS OR START TO USE ANY OF THE SERVICES. BY ACCESSING OR USING ANY OF THE SERVICES, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE TO THESE TERMS AND OUR PRIVACY POLICY, FOUND AT PRIVACY POLICY LINK INCORPORATED HEREIN BY REFERENCE. THESE TERMS, TOGETHER WITH OUR PRIVACY POLICY, FORM A LEGAL AGREEMENT BETWEEN YOU AND ARTBOZ RELATING TO YOUR USE OF THE SERVICES.

YOUR USE OF THE PLATFORM REQUIRES THAT YOU ACCEPT THESE TERMS, WHICH INCLUDE PROVISIONS, AMONG OTHERS, REGARDING SELLING AND BUYING ITEMS, SELLER’S REPRESENTATIONS AND WARRANTIES RESPECTING ITEMS, BUYER’S OBLIGATIONS, LIMITATIONS OF LIABILITY, DISPUTE RESOLUTION AND JURISDICTION FOR ANY CLAIMS, AND FUTURE CHANGES TO THESE TERMS,. YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS, ACCEPT THESE TERMS, AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO THESE TERMS, YOU CANNOT USE THE PLATFORM OR OUR SERVICES.

In order to use the Services, you must be 18 years of age or older and have the power to enter into a binding contract with us through these Terms and not be barred from doing so under any applicable laws. By accessing or using the Platform and Services, you represent and warrant that you meet all of the foregoing eligibility requirements.

Changes to the Terms

Occasionally we may make changes to these Terms and the below additional Auction Terms in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Services thereafter. However, when we make material changes to these Terms or the additional Auction Terms we’ll provide you with notice as appropriate under the circumstances, e.g., by displaying a notice within the Service or by sending you an email if you already have an account with us.

Your continued use of the Services following the posting of revised Terms or Auction Terms means that you accept and agree to the changes. You are expected to check this page every time you use the Services so you are aware of any changes, as they are binding on you. You will also be required to accept the current Terms existing at the time you engage in any transaction using the Services.

Using & Enjoying ArtBoz

The Services offered by ArtBozinclude:

• Access and use of the Services;
• Minting NFTs (Assets);
• or
• Buying, selling, transferring, offering for sale, or receiving Assets;

Accessing and Using the ArtBozServices

To access and use the Services you will be asked to register and create a ArtBozuser account (“Account”). During your sign-up process you will be required to accept these Terms ,which you will be required to review and accept before creating your Account. You may include in your Account setup, without limitation, your legal name, email address, billing address, username, password, telephone and mobile numbers, your picture, and your optional Facebook and Google login credentials. Pieces of information, which shall be indicated as mandatory fields in the Account registration process, are required in order for us to provide you with the Services. It is a condition of your use of the Services that all the information you provide is correct, current, and complete. If any of your Account information changes, you must promptly update your Account profile. You are solely responsible for the accuracy of all your Account information. ARTBOZ HAS NO RESPONSIBILITY AND SHALL HAVE NO LIABILITY FOR ANY ACCOUNT INFORMATION THAT IS NOT ACCURATE AND TRUTHFUL.

Your user name, password, or any other information or protocols used by us as part of our security procedures, must be treated by you as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your Account is personal to you and agree not to provide any other person with access to the Services or portions of the Services using your user name, password, or other Account security information. You agree that in order to enhance your Account’s security, electronic authentication (by multi-factor authentication) linked to your mobile phone through a third-party authenticator shall be utilized in order for you to access your Account. You agree to notify us immediately of any unauthorized access to or use of your Account or any other breach of security you become aware of.

YOU ARE SOLELY RESPONSIBLE FOR ALL MATTERS RELATING TO YOUR ACCOUNT AND PAYING FOR PURCHASES OF ASSETS, INCLUDING WITHOUT LIMITATION YOUR BLOCKCHAIN ACCOUNTS OR LINKED ADDRESSES, BANK ACCOUNT(S), AND CREDIT CARD(S), AND FOR ENSURING THAT ALL USES BY YOU THEREOF COMPLY FULLY WITH THESE TERMS AND ANY APPLICABLE LAWS AND REGULATIONS.

We have the right to disable your account and any associated user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any reason, including if, in our opinion, you have violated any provision of these Terms. We reserve the right at all times to disclose any information as we deem necessary to satisfy any applicable law, regulation, legal process or governmental request, as further set forth in our Privacy Policy, or to edit, refuse to post or to remove any information or materials, in whole or in part, in our sole discretion.

We reserve the right to cease providing or amend the Services or any part thereof, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services is unavailable at any time or for any period. From time to time, we may restrict access to or usage of some parts of the Services, or the entire Services, to users, including registered users.

We may from time to time remove certain Assets from the Platform, or restrict the creation of Assets in our sole and absolute discretion, including in connection with any belief by us that such Asset violates these Terms or applicable law. We do not commit and shall not be liable for any failure to support, display, or offer, or continue to support, display or offer, any Asset through our Platform and Services.

Assets and Related Disclaimers

Each Asset may contain certain properties, including the name and description of the Asset, an identifying image associated with the Asset, and potentially other metadata associated with the Asset (collectively, the “Asset ID”). Each Asset may also include certain terms pertaining to its price when so traded, bought, sold, transferred, offered or received (the “Asset Price”), its license governing the Asset’s use, terms and conditions (the “Asset License”) and content visible only upon the occurrence of the Asset’s purchase and/or transfer (the “Asset Content”). The Asset ID, Asset Price and Asset Content are referred to collectively as the “Asset Characteristics”.

ArtBoz provides no guarantee or assurance of the uniqueness, originality, accuracy, genuineness or quality of any Asset, Asset Characteristic, or Physical Item. In the absence of an express legal agreement between the creator of an Asset and purchasers of the Asset, there cannot be any guarantee or assurance that the purchase or possession of an Asset confers any license to or ownership of the Asset ID or other intellectual property associated with the Asset or any other right or entitlement, notwithstanding that you may rightfully own or possess the Asset.

ALL BUYERS BEAR FULL RESPONSIBILITY FOR VERIFYING THE IDENTITY, LEGITIMACY, AND AUTHENTICITY OF ASSETS PURCHASED THROUGH OUR SERVICES AND WE MAKE NO CLAIMS ABOUT THE IDENTITY, LEGITIMACY, OR AUTHENTICITY OF ASSETS MADE AVAILABLE THROUGH OUR SERVICES.

FOR THE AVOIDANCE OF DOUBT, ARTBOZ DOES NOT SELL, AND BUYERS DO NOT ACQUIRE, ANY OWNERSHIP RIGHTS TO, OR ANY COPYRIGHTS IN, THE ASSETS OR PHYSICAL ITEMS UNLESS EXPRESSLY CONVEYED BY A SELLER WHO OWNS SUCH COPYRIGHTS. ARTBOZ IS ONLY FACILITATING THE SALE OF OWNERSHIP RIGHTS TO THE ASSETS AND ANY PHYSICAL ITEMS.

Assets – Creation

You may post, upload, and/or contribute (“Post”) digital assets to the Service for the creation, buying, selling and transferring of Assets that are supported by us. You may choose to provide certain descriptors, properties, metadata and other information, terms and conditions constituting the Asset Characteristics.

We shall have the right, but not the obligation, to monitor the content of your Posts and Assets, to determine compliance with these Terms and any operating rules established by us, and to satisfy any law, regulation or authorized government request. Without limiting the foregoing, we shall have the right to remove any material that we, in our sole discretion, find to be in violation of these Terms.

Assets – Price and License

As a Seller, you may determine the Asset Price and Asset License when posting Assets to the Service. The Asset Price may be fixed at (i) a specific amount; (ii) no amount at all; or (iii) not for sale. The Asset License describes the amount of times the Asset can be purchased and/or transferred, ranging from an unlimited amount of times to a single transfer or use. The license given by the creator of an Asset to the buyers shall not provide the buyer with the right to alter or use the Asset for any other purpose (e.g., receive a physical copy, use for website content, design purposes, etc.). Buyers may also download the original Asset file and locked content files (if provided by Seller).

Physical Items

You may offer Physical Items for sale on the Platform and through our Services, provided such Physical Items are directly associated with an Asset being offered for sale simultaneously as a package. For example, you may have an Asset created consisting of a unique NFT that is associated with a digital file relating to a physical item such as an original underlying work of art, a physical photographic print, or other original collectable item.

Sellers are solely responsible for arranging for shipping to a successful Buyer and paying all associated shipping costs. Sellers should factor into their pricing of Assets all estimated shipping costs. Sellers may limit Buyers to specific geographic areas by including any such limitation in the Asset Description. Sellers must ship Physical Items to Buyers within thirty (30) days from the time Sellers receive from ArtBoz confirmation of a sale and the Buyer’s shipping address. Sellers are encouraged to ship as soon as possible after receiving the foregoing confirmations. Buyers of Physical Items must provide ArtBoz with valid shipping addresses and contact information.

A Physical Item may not be offered for sale through the Platform unless (i) an associated Asset is simultaneously offered for sale along with such Physical Item, and (ii) at least one clear and accurate image of the Physical Item is posted in the Asset Details relating to the Asset being sold. Sellers may also list in the Asset Details a description of the Physical Item and its overall condition. Certain digital file upload size limits may apply.

Any posted photos, videos and illustrations of Physical Items are for identification purposes only and cannot be used as precise indications of size or convey full information as to the condition of a Physical Item. Where colors are displayed for Physical Items, the colors you see will, however, depend on the resolution of your monitor or of your mobile device, and the quality of the media and video technology of your own devices. We cannot guarantee that the colors displayed on your monitors or mobile devices will reflect accurately the colors of the Physical Items depicted.

IF YOU ARE THE SELLER OF A PHYSICAL ITEM, YOU EXPRESSLY WARRANT AND REPRESENT TO BOTH ARTBOZ AND BUYERS THAT (A) THE PHYSICAL ITEM IS ORIGINAL; (B) THE DESCRIBED IDENTIFICATION AND CONDITION OF THE PHYSICAL ITEM IS CORRECT IN ALL RESPECTS; (C) YOU OWN GOOD AND MARKETABLE TITLE TO THE PHYSICAL ITEM, FREE AND CLEAR OF ANY LIENS, ENCUMBRANCES, AND THIRD PARTY CLAIMS; AND (D) THE PHYSICAL ITEM DOES NOT VIOLATE OR INFRINGE THE INTELLECTUAL PROPERTY OR OWNERSHIP RIGHTS OF ANY PERSON OR ENTITY.

ARTBOZ EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR PHYSICAL ITEMS, INCLUDING WITHOUT LIMITATION THEIR PROVENANCE, CONDITION, AUTHENTICITY, TITLE AND OWNERSHIP.

Acceptable & Prohibited Uses of The Services

The Services are reserved only for lawful purposes. You represent and warrant that you have the full right and authority to use the Services and to be bound by these Terms. You agree that you will fully comply with these Terms and all applicable domestic and international laws, regulations, statutes and ordinances that govern your use of such Services. You also agree to comply with all applicable laws and regulations affecting the transmission of content and/or the privacy of persons.

All users of our Services must comply with our Community Standards, which are incorporated into these Terms.

You undertake that you shall not defraud, or attempt to defraud, us or other users, and that you shall not act in bad faith in your use of the Services. If we determine that you do act in bad faith and/or in violation of these Terms or applicable laws and regulations, or if we determine that your actions fall outside of reasonable community standards, we may, at our sole discretion, terminate your Account and prohibit you from using the Services. You agree that your use of the Services shall be lawful and that you will comply with the usage rules in this Section. In furtherance of the foregoing, and as an example and without limitation, you agree that you shall not:

• Create an Account with or access the Services if you are barred from receiving the Services under the provisions of these Terms or any applicable law;
• Promote, host, upload, post, transmit or display or otherwise disseminate any obscene or pornographic material, hate speech, highly inflammatory subject matter (as determined by us), defamatory, libelous, gambling related, discriminatory, deceptive, abusive or otherwise offensive content;
• Use or apply in connection with the Services any spyware, adware, malware, or other malicious programs or code;
• Engage in any illegal activities, or offer for sale or promote any illegal Asset or Physical Item;
• Violate any applicable laws or regulations, or encourage or promote any illegal activity including, but not limited to, invasion of privacy, identity theft, hacking, or cracking;
• Post, offer for sale or promote any Asset, Physical Item or other materials or content that infringe any copyrights, trademarks, publicity rights, privacy rights, patents, trade secrets or other intellectual property rights, or otherwise act in any manner that infringes any rights of any party, or assist or encourage others to infringe or violate any of the foregoing rights;
• Engage in activities that violate the Privacy Policy;
• Violate any applicable laws or regulations;
• Libel, ridicule, defame, mock, stalk, intimidate, threaten, harass, or abuse anyone, hatefully, racially, ethnically, sexually, or in any other manner;
• Copy, rent, lease, sell, transfer, assign, sublicense, disassemble, reverse engineer or decompile, modify or alter any part of the Services or attempt to do any of the foregoing;
• Upload or transmit (or attempt to upload or transmit) files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or data, malware, or any other software or programs that may damage the operation of the Services or the computers or devices of other users of the Services;
• Advertise, solicit or transmit any commercial advertisements, including chain letters, junk email or repetitive messages (spim or spam) to anyone.
• Create false personas, multiple identities, multiple Accounts, set up an Account on behalf of someone other than yourself, use bots or other automated software programs to defraud or which otherwise violate these Terms and/or the terms of Use of any third-party applications or social networks through which the Services are accessed;
• Attempt to obtain passwords or other private information from other members including personally identifiable information (whether in text, image or video form), identification documents, or financial information;
• Encourage any third party to: (1) directly or indirectly generate usage, queries, impressions, or clicks through any automated, deceptive, fraudulent or other invalid means; (2) edit or modify any tag, or remove, obscure or minimize any tag in any way; or (3) engage in any action or practice that reflects poorly on ArtBoz or otherwise disparages or devalues our reputation or goodwill;
• Engage in or knowingly facilitate any “front-running,” “wash trading,” “pump and dump trading,” “ramping,” “cornering” or fraudulent, deceptive or manipulative trading activities;
• Engage in any fraudulent activity, including without limitation with respect to payments or payment methods;

Fees, Commissions, Taxes and Charges

When creating, buying, selling or transferring Assets, in addition to the purchase price of the Asset with or without a related Physical Asset (the “Purchase Price”), you may be subject to certain fees, commissions, royalties, taxes, and other charges (collectively, “Fees”) determined by us or required to be collected by us or our payment processor under applicable law, determined by the Asset creator (seller), or set by the Ethereum cryptocurrency market. Such Fees include the Asset Price as determined by the Asset creator or current owner; service fees payable to ArtBoz(composed of storage fee, transfer fees, encryption fee, our commission, etc.); and any then applicable “gas” fees (fees reflecting the computational effort of your transaction) and other related expenses. Upon creation of an Asset or upon purchasing an Asset, an estimated Fee shall be provided to the user which may be adjusted due, in part, to the timeframes in which the Asset was created and the volatility of the Ethereum cryptocurrency market. Fees established by ArtBoz, including without limitation for use of the Services, may be adjusted by us from time to time in our sole discretion. Commissions are set in the sole discretion of the Asset creator.

Unlike many competitors our users don’t require a block-chain wallet and can create, sell and purchase assets using their credit cards or other similar means of payment. Unlike many competitors, our users are not required to own a block-chain wallet and can create, sell and purchase assets using their credit cards.

All purchases of Assets are subject to the approval of the order, successful blockchain validation, and validation of the means of payment by the credit card company or secure payment processor used by ArtBoz.

We will use the payment details provided by you solely for the purposes for which they are supplied. ArtBoz does not receive or process any credit card data. Please see our Privacy Policy for further information about our data security and retention policies, and the measures we take to protect your confidential and private data.

ALL TRANSACTIONS ARE FINAL. ALL FEES RELATING TO ASSETS, CREATION OF ASSETS, PHYSICAL ITEMS AND USE OF THE SERVICES ARE NON-REFUNDABLE EXCEPT AT OUR SOLE DISCRETION ON A CASE BY CASE BASIS (FOR FEES WITHIN OUR CONTROL) OR AT THE DISCRETION OF ANY APPLICABLE THIRD PARTIES THAT PROVIDE PAYMENT PROCESSING OR OTHER SERVICES IN ACCORDANCE WITH THEIR OWN POLICIES.

UPON A PURCHASE TAKING PLACE OF AN ASSET WITH A PHYSICAL ITEM, ARTBOZ WILL PROVIDE THE SELLER WITH THE SUCCESSFUL BUYER’S NAME AND BILLING MAILING ADDRESS, AND YOU AS A BUYER EXPRESSLY CONSENT TO SUCH DISCLOSURE.

Resale Royalties

In addition to the Purchase Price and Fees, an Asset may be subject to resale royalties on any subsequent resales of the Asset based on the terms of the underlying “smart contract.” A “smart contract” is the applicable blockchain-based contract governing the programming and terms of the NFT Asset (“Smart Contract”). On any subsequent resale of the Asset, the successful bidder and buyer of the Asset may be obligated on Seller’s behalf to collect and remit to Seller resale royalties as applicable equal to a percentage of the sale price of the Asset. Such percentage shall be identified in the Smart Contract and on the Asset lot’s page on the Platform. Other resale royalties and transaction duties imposed by law may also apply in relation to such resales.

Smart Contracts

ArtBozwill provide to prospective buyers of an Asset a link to the applicable blockchain-based Smart Contract governing the programming and terms of the Asset. You acknowledge and agree that you are solely responsible for reviewing and inspecting the Smart Contract prior to purchase of any Asset and that, by purchasing or bidding on the Asset, you agree to the terms and conditions set forth in the Smart Contract. You further acknowledge and agree that ArtBoz’s staff are neither information technology nor data experts and that, by bidding on the Asset, you accept the risk that NFTs and Smart Contracts generally are subject to inherent technological risks, which may affect their performance now or in the future, as further set forth below.

ArtBoz makes no representations or warranties in relation to the condition, performance, security, quality, representations and warranties, or terms of an Asset or any Smart Contract.

ArtBozshall not be involved in or responsible in any way for the operation and execution of any Smart Contract or the transactions or arrangements regarding any subsequent transfer of ownership of Assets.

Delivery to Buyer, Buyer’s Consent to Disclosure

ArtBozwill not transfer an Asset or associated Physical Asset to you as the Buyer until we have received complete payment of the Purchase Price and any Fees in cleared funds, you have paid all outstanding Fees due to ArtBoz, and you have satisfied such other terms as we in our sole discretion shall require, including completing any anti-money laundering or anti-terrorism financing checks.

To transfer title to you of the Asset, we or the seller will transfer the Asset to the ArtBozaccount that you have specified, after you have met the payment and other conditions in these Terms. You agree that we may require you to follow a security protocol to ensure that the Asset is safely received by you.. A Buyer may thereafter transfer a purchased Asset out of their ArtBozaccount to Buyer’s digital wallet using ArtBoz’s export process.

You understand and agree that failure to comply with the conditions in this Section 10 may result in a failure to access the Asset.

You understand and acknowledge as a Buyer that not all digital wallets support storage of, or are compatible with an NFT, and that in order to export a purchased Asset, you must hold title to a digital wallet that supports storage of, or is compatible with, the subject Asset Description, and you must provide ArtBoz with the correct digital wallet information for us to export the Asset to you.

Recording the transfer of the Asset on the blockchain will evidence the execution of the Smart Contract between the Seller and the Buyer, and such operation and execution of the Smart Contract (including transfer of the Asset to the Buyer) shall constitute a settlement for the Asset, such that all risk will transfer to you as Buyer immediately upon ArtBoz’s transfer of title of the Asset to you in accordance with these provisions.

If you export an Asset out of your ArtBoz account, you are solely responsible for secure storage of the Asset in the wallet or other storage mechanism that you use to receive and hold the Asset; you acknowledge and agree that you are solely responsible for any risk associated with the Asset such as, but not limited to, risk of loss or damage, transferring, creating, providing proper maintenance including, without limitation, holding, hosting, securing, storing, or using NFTs or a digital wallet, and ArtBoz will not be responsible for any such risks or losses.

BUYERS OF PHYSICAL ITEMS CONSENT TO ARTBOZ PROVIDING THEIR NAMES AND SHIPPING ADDRESSES TO THE SELLERS OF SUCH PHYSICAL ITEMS. THIS INFORMATION MAY BE USED BY SELLERS IN THE EVENT A BUYER FAILS OR REFUSES TO CONCLUDE OR PAY FOR A PURCHASE OR SUCCESSFUL AUCTION BID.

Additional terms governing auction sales of Assets and Physical Items are set forth below.

User License

Subject to your acceptance of and compliance with these Terms, we grant you a personal, non-exclusive, non-transferable, non-sub-licensable, revocable, limited scope license to use the Services. Use of the Services shall be solely for your own, private purposes and for no other purpose whatsoever. You may not make use of the Services as an agent for any other person or as a service bureau, or otherwise benefit from managing or uploading any content on behalf of any other users. You hereby acknowledge that your license to use the Services is limited by these Terms and that if you violate these Terms, your license to use the Services shall immediately terminate, you shall immediately refrain from using the Services, and your access to the Services will be terminated by us. If the Services or any part thereof is determined to be illegal under the laws of the country in which you are situated, you shall not be granted any license to use the Services, and must refrain from using the Services.

User Content

You agree that any content or materials published or uploaded by you through the Services including without limitation any Asset, Physical Item, digital images or content, data, text, graphics, photographs, videos, voice and/or sounds and/or background recordings of sounds or any other content, and their selection and arrangement (the “User Content”), is done so through the use of technology and tools provided by us. You agree that you are publishing such User Content willingly and you represent that you own legal title to such User Content or have received the necessary authorizations or licenses from third parties (and to the extent required, you shall provide us with model release for our review and approval), that you have all rights to publish and transact said content and that publishing of the User Content by you complies with all applicable laws.

We do not claim ownership of any User Content. However, by sending, posting and/or creating User Content and/or using the Services you automatically grant us a non-exclusive, royalty-free, perpetual license of all worldwide rights to use, edit, modify, include, incorporate, adapt, record and reproduce, publish and make commercial use of such User Content, including, without limitation, all trademarks associated therewith, in any manner whatsoever, in or out of context, in all languages, in all media now known or hereafter created for the purposes set forth in the Services and these Terms, including for the avoidance of doubt commercial, non-commercial and/or promotional use by us associating such User Content with your user information, user name and/or profile picture. We may retain any raw material that you submit or make available through third parties, and make internal or external use of such material. You may request that we delete and make no further use of such material by contacting us at: MAIL ID

WE DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES REGARDING THE ACCURACY, QUALITY, OR INTEGRITY OF ANY USER CONTENT POSTED VIA THE SERVICES. BY USING THE SERVICES, YOU ACKNOWLEDGE AND ACCEPT THAT YOU MAY BE EXPOSED TO MATERIALS YOU FIND OFFENSIVE OR OBJECTIONABLE. YOU AGREE THAT WE WILL NOT UNDER ANY CIRCUMSTANCES BE RESPONSIBLE OR LIABLE FOR ANY USER CONTENT, INCLUDING, BUT NOT LIMITED TO, ERRORS IN ANY USER CONTENT, R ANY LOSS OR DAMAGE INCURRED BY YOUR USE OF THE USER CONTENT, OR FOR ANY FAILURE OR DELAY IN REMOVING USER CONTENT.

We reserve the right in our sole discretion (but shall at no time be obligated) to remove, block, edit, move, disable or permanently delete User Content from the Services with or without notice for any reason whatsoever. This includes without limitation our right to blur any User Content that we deem to be pornographic or which depicts violence, harm to others, or harm to self. You hereby agree that, to the maximum extent permitted by applicable law, we shall at no time be responsible or held liable for the removal, blurring, modification or blocking of any User Content or other material that violates our Community Standards and shall at no time be obligated to effect such removal, blurring, modification or blocking unless required by applicable law.

If you believe that your intellectual property rights have been infringed by any User Content or other materials posted on the Platform or offered through the Services, please notify us promptly at MAIL ID. For submitting claims based on copyright infringement, please follow the instructions in Section 13 on DMCA notifications. For us to respond to trademark infringement and other non-copyright claims, you must provide the following information:

• a physical or electronic signature of the non-copyright intellectual property owner or of a person authorized to act on behalf of the owner;
• a clear identification of the intellectual property that is claimed to be infringed, including any trademark registration number;
• identification of the online material that is claimed to be infringing, including, if possible, a URL representing a link to the material on the Platform;
• information sufficient to permit us to contact the complainant, such as an email address, postal address, and/or telephone number;
• a statement that the complainant has a good-faith belief that the relevant material is being used in a way that is not authorized by the intellectual property right owner, its or their agent, or otherwise under the law; and
• a statement, made under penalty of perjury, that the above information is accurate, and the complainant is the owner of the subject intellectual property right or is authorized to act on behalf of such owner.

DMCA Notices for Claims of Copyright Infringement:

1. Takedown requests

We shall respond expeditiously to notices of alleged copyright infringement received by us under the United States Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. § 512, to remove, or disable access to, material that is claimed to be infringing or to be the subject of infringing activity. If you believe that your copyright rights have been infringed, please notify us immediately through our designated DMCA agent listed below and registered with the U.S. Copyright Office. For us to respond, the DMCA notice must provide the following information: (i) a physical or electronic signature of the copyright owner or of a person authorized to act on behalf of the copyright owner; (ii) a clear identification of the copyrighted work that is claimed to be infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (iii) identification of the online material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, including, if possible, a URL representing a link to the material on our website; (iv) information sufficient to permit us to contact the complainant, such as email address, physical address, and/or telephone number; (v) a statement that the complainant has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement, made under penalty of perjury, that the above information is accurate, and the complainant is the copyright owner or is authorized to act on behalf of the copyright owner or the owner of an exclusive right that is allegedly infringed.

1. Submission of Takedown requests

You may submit takedown requests using the following contact information: Copyright Agent V . PEAK, ADDRESS Email: MAIL ID

1. DMCA Counter-Notices

ArtBoz takes reasonable steps promptly to notify any subscriber that ArtBoz has removed or disabled access to material posted by the subscriber in accordance with the DMCA. If you believe that your material has been removed by mistake or misidentification, you may provide us with a written counter-notification through the above DMCA contact, containing the following information: (i) your name, address, telephone number, and (if available) email address; (ii) identification of the material that has been removed or to which access has been disabled, and the location (URL) at which the material appeared in the Offerings before it was removed or access to it was disabled; (iii) the following statement made under penalty of perjury: “I have a good-faith belief that the material was removed or disabled due to a mistake or misidentification of the material to be removed or disabled”; (iv) a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, any jurisdiction in which the service provider (ArtBoz) may be found, and that you will accept service of process from the person (or their agent) who filed the original DMCA notice; and (v) your electronic or physical signature. Upon receipt of a valid counter-notification, we will promptly forward it to the party who submitted the original DMCA notification and advise that original party that we will replace the removed material or cease disabling access to it in 10 business days. The original party (or their representative) will then have ten (10) business days to notify us that a legal action has been filed seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on our system or network. If we do not receive any such response notification within 10 business days, we shall replace the removed material and/or cease disabling access to it not less than 10, nor more than 14, business days following receipt of the counter-notice.

1. Repeat Infringers

We reserve the right to terminate the accounts or block usage of any person or entity who is a repeat infringer or who is repeatedly charged with infringement

Additionally, to the extent required by law or under these Terms, we may permanently delete from ArtBozand the blockchain certain Assets, the creation of, or use of which, violate any applicable laws or otherwise violate these Terms.

Intellectual Property Ownership

ArtBozand/or its affiliates retain all ownership and intellectual property rights in the Services, inclusive of all underlying computer code and algorithms, APIs, and all materials and content posted on the Platform apart from User Content (including, but not limited to, applications, software, designs, graphics, texts, information, pictures, video, sound, music, and other files, and their selection and arrangement) (collectively, “Service Materials”). The Service Materials are protected by applicable copyright, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights. You shall not, nor shall you cause any other party to modify, decompile, disassemble, reverse engineer, copy, transfer, create derivative works from, rent, sub-license, distribute, reproduce, frame, republish, scrape, download, display, transmit, post, lease or sell in any form or by any means, in whole or in part, use for any purpose other than for using the Services pursuant to these Terms, or otherwise exploit any of the Service Materials without our explicit, prior written consent. The foregoing shall not apply to your own User Content that you post through the Services in accordance with these Terms. All other uses of copyrighted or trademark material, including any derivative uses, require explicit, prior written consent from us which we may refuse for any or no reason. Any reproduction or redistribution of Service Materials not in accordance with these Terms is explicitly prohibited and may result in the termination of your Account as well as any applicable civil and criminal penalties. Without limiting the generality of the forgoing, the use of automated systems or software to extract data from the Platform or our Services for commercial purposes (scrapping), is strictly prohibited.

We and/or our licensors and affiliates own all right, title, and interest, including copyrights and other intellectual property rights, in and to all the Service Materials. You hereby acknowledge that you do not acquire any ownership or intellectual property rights by using the Services or by accessing any of the Service Materials, or rights to any derivative works thereof.

ARTBOZ® is a registered trademark and service mark owned by V . PEAK. All uses of the ARTBOZ mark inure to our exclusive benefit.

You are not required to provide us with any feedback or suggestions regarding the Services or any Service Materials. However, should you provide us with comments or suggestions for the modification, correction, improvement or enhancement of the Services and/or any Service Materials, then, subject to the terms and conditions of these Terms, you hereby grant us a non-exclusive, irrevocable, worldwide, royalty-free license, including the right to sublicense, to use and disclose such comments and suggestions in any manner we choose and to display, perform, copy, have copied, make, have made, use, sell, offer to sell, and otherwise dispose of our and our sublicense products and content embodying such comments or suggestions in any manner and via any media we choose, but without reference to the source of such comments or suggestions.

Your Representations and Warranties

Without derogating from anything in these Terms, you hereby represent and warrant to us that the following statements and information are accurate and complete at all applicable times. In the event such statement or information becomes untrue or inaccurate as to you, you shall immediately cease accessing and using the Services, and we shall have the right to immediate terminate your account with us and access to the Services.

(A) Legal Competence

You warrant and represent that you are at least 18 years of age, of sound mind, and legally competent under your applicable national and local laws to use the Services and accept these Terms as a legally binding agreement.

(B) International Sanctions and Prohibited Transactions, Buyers and Sellers

You warrant and represent that you are not, and are not acting on behalf of any other person who is, identified on any list of prohibited parties under any law or by any nation or government, state or other political subdivision thereof, any entity exercising legislative, judicial or administrative functions of or pertaining to government, such as the lists maintained by the United Nations Security Council, the U.S. government (including the U.S. Treasury Department’s Specially Designated Nationals list and Foreign Sanctions Evaders list), the European Union (EU) or its member states, and the government of your home country. You are not, and not acting on behalf of any other person who is, located, ordinarily resident, organized, established, or domiciled in any country or jurisdiction against which the U.S. currently maintains economic sanctions or an arms embargo. All payments you make for Purchase Prices and Fees, and any other funds or cryptocurrency you use in connection with the Services or to acquire Assets, are not derived from, and do not otherwise represent the proceeds of, any activities done in violation or contravention of any laws or regulations.

(C) Ownership and Intellectual Property

You warrant and represent that the offering for sale, sale, display and marketing of Assets and Physical Items using the Services will not violate or infringe the intellectual property rights (including copyrights, trademarks, trade dress, design rights, moral rights, utility and design patents, rights of publicity or trade secrets), privacy rights, or ownership rights of any person or entity.

(D) Knowledge and Non-Reliance

You warrant and represent that you are knowledgeable, experienced and sophisticated in using and evaluating block-chain and related technologies and assets, including Ethereum, NFTs, Assets and Smart Contracts. You have conducted your own thorough independent investigation and analysis of the Platform, Services and the other matters contemplated by these Terms, and have not relied upon any information, statement, omission, representation or warranty, express or implied, written or oral, made by or on behalf of us in connection therewith, except as expressly set forth by us in these Terms.

No Ownership or Interest

You understand and agree that your purchase, sale, holding, receipt and/or use of Assets does not:

• represent or constitute a loan or a contribution of capital to, or other investment in ArtBozor any business or venture;
• provide you with any ownership interest, equity, security, or right to or interest in the assets, rights, properties, revenues or profits of, or voting rights whatsoever in ArtBozor any other business or venture; and
• create, imply or entitle you to the benefits of any fiduciary or other agency relationship between ArtBozor any of its directors, officers, employees, agents or affiliates, on the one hand, and you, on the other hand. You are not entering into these Terms or buying, selling, holding, receiving or using Assets for the purpose of making an investment with respect to ArtBoz or its securities, but solely wish to use the Services for its intended purposes. We will not accept or take custody over any of your Assets, cryptocurrencies or other assets, and we have no responsibility or control over the foregoing.

Account Termination

Without limiting any other provisions of these Terms, we may refuse access to the Services, or any part thereof, or may terminate your Account without notice or subject to providing a notice as may be required by law, for any reason, including, but not limited to, a suspected violation of these Terms, illegal or improper use of your Account, or illegal or improper use of the Services, User Content, products, or our intellectual property, as determined by us at our sole discretion. As a result of the Account termination, you may lose User Content available through the Services without any responsibility or liability on behalf of ArtBoz for any damage or loss that may result from the foregoing. If you have more than one Account, we may terminate all your Accounts.

You acknowledge that, subject to any specific notice requirements under applicable law, we are not required to provide you notice before suspending or terminating your Account unless expressly stated herein. In the event that we terminate your Account, you may not participate nor make use of the Services again without our express consent, if any. ArtBoz reserves the right to refuse to keep or create Accounts and provide access to the Services for any individual. If you believe that any action has been taken against your Account in error, please contact us at: support@ArtBoz.com.

You may request us to suspend or terminate your Account, at any time, by notifying us at:support@ArtBoz.com. Suspension at your request will be immediate upon us receiving your notice and confirming it is from you for security purposes, and shall last for a period of up to 14 days, which we may extend in our sole discretion; and termination at your request will take effect as soon as reasonably possible after we receive your request for termination, subject to confirmation that such notice is from you for security purposes.

Disclaimer of Warranties; Limitations of Liability

WARRANTY DISCLAIMERS

YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. ALL SERVICES ARE OFFERED AND USED AS-IS. TO THE FULLEST EXTENT PERMITTED BY LAW, ARTBOZ, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND PLATFORM AND YOUR USE THEREOF, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, USEFULNESS, AUTHORITY, ACCURACY, COMPLETENESS, AND TIMELINESS. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT POSTED ON THE PLATFORM OR USED WITH THE SERVICES, INCLUDING WITHOUT LIMITATION, THE ASSETS, ASSET CHARACTERISTICS, USER CONTENT AND PHYSICAL ITEMS. ALL ASSETS AND PHYSICAL ITEMS ARE DISPLAYED, OFFERED, PROVIDED AND SOLD ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICES ARE AT YOUR OWN RISK.

WE DO NOT GUARANTEE THAT: (A) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) THE SERVICES WILL BE FREE OF VIRUSES OR OTHER HARMFUL MATERIALS; OR (D) THE RESULTS OF USING THE SERVICES WILL MEET YOUR EXPECTATIONS. THE FUNCTIONALITY OF THE SERVICES MAY ALSO BE AFFECTED BY YOUR OWN INTERNET CONNECTIONS AND SPEED, WIFI AND ETHERNET CONNECTIONS, AND THE TYPE OF COMPUTING DEVICE AND HARDWARE THAT YOU USE, FOR WHICH YOU ARE SOLELY RESPONSIBLE.

NO CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS, WE SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY , WHETHER IN CONTRACT, TORT (INCLUDING PURSUANT TO ANY CAUSE OF ACTION ALLEGING NEGLIGENCE), WARRANTY OR OTHERWISE, FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOST DATA, LOST PROFITS OR SAVINGS, AND LOSS OF BUSINESS OR OTHER ECONOMIC LOSS) ARISING OUT OF, CONCERNING OR RELATED TO THESE TERMS OR THE SERVICES, WHETHER OR NOT WE HAVE BEEN ADVISED OR KNEW OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE NATURE OF THE CAUSE OF ACTION OR THEORY ASSERTED. ACCESS TO, AND USE OF, THE SERVICES ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEMS OR MOBILE DEVICES OR LOSS OF ANY DATA OR OTHER CONTENT RESULTING THEREFROM.

LIMITATION OF LIABILITY

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL ARTBOZ’S MAXIMUM AGGREGATE LIABILITY ARISING OUT OF, CONCERNING, OR IN ANY WAY RELATED TO THESE TERMS, YOUR USE OF THE SERVICES AND PLATFORM, USER CONTENT, ASSETS, OR PHYSICAL ASSETS, EXCEED THE GREATER OF (A) $100 OR (B) THE SERVICE FEES ACTUALLY RECEIVED BY ARTBOZ FROM YOU. THE FOREGOING LIMITATIONS MAY NOT APPLY IN CERTAIN U.S. STATES TO CLAIMS OF GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.

NO RESPONSIBILITY FOR ASSETS OR PHYSICAL ITEMS

We have no responsibility for the Assets created, traded or sold using the Services. We also have no responsibility for Physical Items traded or sold using the Services. We do not investigate and cannot guarantee or warrant the authenticity, originality, uniqueness, marketability, legality or value of any Asset created, traded or sold using the Services or for the authenticity, provenance and condition of any Physical Items.

NO PROFESSIONAL ADVICE OR LIABILITY

All information provided by or on behalf of us is for informational purposes only and should not be construed as professional, accounting, legal or investment advice. You should not take or refrain from taking any action in reliance on any information contained in these Terms, on the Platform or as part of the Services, or provided by or on behalf of us. Before you make any financial, legal, purchase, investment, or other decisions involving the Services and/or Assets/Physical Items, you should seek independent professional advice from persons licensed and qualified in the area for which such advice would be appropriate.

THIRD-PARTY OFFERINGS AND CONTENT

We do not endorse or assume any responsibility for any activities of, or resources, products, services, content or promotions owned, controlled, operated or sponsored by third parties. If you access any such resources, products, services or content, or participate in any such promotions, you do so solely at your own risk. You hereby expressly waive and release us from all liability arising from your use of any such resources, products, services or content, or your participation in any such promotions or communications. We shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such resources, products, services, content or promotions from third parties.

LEGAL LIMITATIONS ON DISCLAIMERS

Some jurisdictions do not allow for the exclusion of certain warranties or the limitation or exclusion of certain liabilities and damages. Accordingly, some of the disclaimers and limitations set forth in these Terms may not apply in full to you. The disclaimers and limitations of liability provided in these Terms shall apply to the fullest extent permitted by applicable law.

Indemnification

You shall defend, indemnify, compensate, reimburse and hold harmless ArtBoz(and each of its officers, directors, members, employees, agents and affiliates) from any third party claim, demand, action, damage, loss, cost or expense, including without limitation reasonable attorneys’ fees and experts’ fees, and further including ArtBoz’s costs and legal fees incurred in enforcing these indemnification provisions, arising out of, concerning, or relating to (a) your use of, or your conduct in connection with, the Services and Platform; (b) the breach of any of your representations, warranties or covenants set forth in these Terms; (c) your violation of any other provision of these Terms or any applicable policies of or other contracts of ArtBoz; (d) any third party claim that an Asset, Physical Item or other User Content infringes or violates such third party’s intellectual property rights, rights of publicity, personal privacy rights, or ownership rights; (e) your violation of any other rights of any other person or entity; and (f) your violation of any laws and regulations.

Certain Uses and Risks of Blockchain Technology

The use of block-chain technology may utilize experimental cryptographic technologies and other technologies, including NFTS, cryptocurrencies, stablecoins, Smart Contracts, consensus algorithms, voting systems and distributed, decentralized or peer-to-peer networks or systems in your use of the Services. You acknowledge and agree that such technologies are novel, experimental, and speculative, and that there is significant uncertainty regarding the operation, effects and risks thereof and the application of existing laws thereto.

YOU ARE SOLELY RESPONSIBLE FOR THE SAFEKEEPING OF THE PRIVATE KEY ASSOCIATED WITH THE BLOCKCHAIN ADDRESS USED TO PARTICIPATE IN THE SERVICES. WE WILL NOT BE ABLE TO RESTORE OR ISSUE ANY REFUND IN RESPECT OF ANY ASSETS DUE TO LOST PRIVATE KEYS. IF YOU ARE NOT ABLE TO EXPLOIT, RECEIVE, TRANSFER OR USE AN ASSET DUE TO LOSS OR THEFT OF THE CORRESPONDING PRIVATE KEY OR OTHERWISE, YOU WILL BE UNABLE TO EXERCISE THE RIGHTS ASSOCIATED WITH SUCH ASSET. FURTHER, YOU MAY BE EXPOSED TO A RISK OF TOTAL LOSS AND FORFEITURE OF ALL ASSETS IN THE EVENT, INTER ALIA, THAT THE SERVICES OR SMART CONTRACTS ARE ADVERSELY AFFECTED BY MALFUNCTIONS, BUGS, DEFECTS, MALFUNCTIONS, HACKING, THEFT, ATTACKS, NEGLIGENT CODING OR DESIGN CHOICES, OR CHANGES TO THE PROTOCOL RULES OF ETHEREUM. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY OF THE FOREGOING MATTERS, EXCEPT AS OTHERWISE EXPRESSLY PROVIDED BY THESE TERMS OR REQUIRED BY APPLICABLE LAW.

ARTBOZ HAS NO CONTROL OVER, AND ACCEPTS NO RESPONSIBILITY FOR, THE TRANSACTIONS RECORDED OR DISPLAYED IN THE BLOCKCHAIN IN RELATION TO AN ASSET.ARTBOZ DOES NOT UNDERTAKE ANY DETAILED TECHNICAL ANALYSIS OF INFORMATION RELATING TO AN ASSET AND THE BLOCKCHAIN ON WHICH IT RESIDES AND DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF SUCH TECHNICAL INFORMATION.

Volatility of Asset Prices

The fiat-denominated prices and value in public markets of assets such as Ethereum and NFTs have been historically subject to dramatic fluctuations and are highly volatile. As relatively new products and technologies, block-chain-based assets are not widely accepted as a means of payment for goods and services. A significant portion of demand for these assets is generated by speculators and investors seeking to profit from the short- or long-term holding of block-chain assets. The market value of any ETH, NFT or Asset may decline below the price for which you acquired such asset using our Services or on any other platform. You acknowledge and agree that the costs and speeds of transacting with cryptographic and blockchain-based systems such as Ethereum are variable and may increase or decrease dramatically at any time, resulting in prolonged inability to access or use any ETH, NFTs, or Assets or other digital assets associated with the Services.

Regulatory Uncertainty

Block-chain technologies and digital assets are subject to many legal and regulatory uncertainties, and the Services and Assets could be adversely impacted by one or more regulatory or legal inquiries, actions, suits, investigations, claims, fines or judgments, which could impede or limit your ability to continue the use and enjoyment of such assets and technologies.

Cryptography Risks

Cryptography is a progressing field. Advances in code cracking or technical advances such as the development of quantum computers may present risks to Ethereum, the Services, NFTs, and Assets, including the theft, loss or inaccessibility thereof.

All Sales Final/No Refunds

No refunds of any Purchase Prices or Fees, or returns, are permitted on any purchase, transaction, sale or Asset upload.

General

Governing Law; Exclusive Jurisdiction

These Terms shall be governed, enforced and interpreted by and under the laws of the State of New York without regard to principles of conflict of laws and regardless of your location Any and all claims and disputes of any kind that arise between you and ArtBozor under or concerning these Terms or the Services shall be adjudicated solely and exclusively by a state or U.S. federal court, having appropriate subject matter jurisdiction, located in the state and county of New York , and you expressly consent to the exclusive personal jurisdiction of such courts in connection with all such claims and disputes, and waive all defenses concerning lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in such courts.

Severability, Waiver

Unless as otherwise stated in these Terms, should any provision of these Terms be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of these Terms, and the application of that provision shall be enforced to the extent permitted by law. Any failure by us or any third party beneficiary to enforce these Terms or any provision thereof shall not waive our or the applicable third party beneficiary’s right to do so.

Taxes

We are not responsible for determining withholding, sales, use, value added, transfer or other taxes, together with any interest and penalties imposed with respect thereto (“Taxes”), that apply to your use of the Services and purchases and sales occurring on the Platform, including without limitation the selling or buying of Assets, NFTs or Physical Items. You agree that you are solely responsible for determining what, if any, Taxes apply to your use of the Services and to withhold, collect, report and remit the correct amounts of Taxes to the appropriate taxing authorities. Unless otherwise indicated on an applicable invoice, any amounts due in respect of an Asset transaction are exclusive of sale, use, value added or similar Taxes, which shall be your responsibility.

Privacy

You acknowledge and agree to the collection, use, processing and disclosure of your personal information in accordance with ArtBoz’s Privacy Policy, which is incorporated into these Terms by reference. Your agreement to these Terms also constitutes your agreement to our Privacy Policy.

No Third Party Beneficiaries

These Terms do not create any obligations on the part of ArtBoz to any third parties other than sellers and buyers who are registered with ArtBozas authorized users of the Services. There are no third-party beneficiaries of these Terms.

ADDITIONAL TERMS OF USE FOR AUCTIONS ON THE ARTBOZ PLATFORM

Introduction

These terms of auction ( “Auction Terms”) supplement the foregoing general Terms and provide additional terms and conditions for transactions offered through the Services concerning the auction of Assets and any associated Physical Items on the Platform (each, an “Auction”) to be conducted by ArtBoz. By participating in an Auction, you are deemed to have accepted and agreed to these Auction Terms in addition to ArtBoz’s general Terms above All terms and conditions set forth in our general Terms also apply to Auctions and Auction Terms unless otherwise provided in these Auction Terms.

Listing an Asset for Auction

You may list your Asset and any associated Physical Item for Auction. When you as a seller are listing the Asset/Physical Item for an Auction, you may list your Asset/Physical Item either to an immediate Auction, which will start immediately after listing the Asset/Physical Item for an Auction, or a timed Auction, in which case you shall be required to determine the starting date of the Auction.

If the Asset/Physical Item is already listed for sale on the Platform and you would like to put it up for Auction, you will need to list the Asset/Physical Item as “not for sale” until the Auction begins.

When listing your Asset/Physical Item, you may determine the Auction’s starting price, its reserve price, start date and end date (the time frame between the start date and the end date of the Auction shall be referred to herein as the “Auction Period”).

You, as the seller, shall pay any Fees that may arise in connection with the Auction, including any applicable gas fees or other Fees described in our general Terms.

Entering into an Auction

You may enter into an Auction where any seller has listed an Asset/Physical Item for sale on the Platform via an Auction process. Any owner of a ArtBoz user account may submit an offer and participate in the Auction, by using his or her own credit card. A winning bid is a binding contract that you cannot revoke, and you are legally obligated to pay the offer amount if you win the Auction together with any Fees. When you bid on an Asset/Physical Item in an Auction, you are committing to buy it if you win the Auction. If you win the Auction, your credit card on file will automatically be charged for the winning Auction price together with all applicable Fees (collectively, the “Auction Price”). In the event you win the Auction but provide incorrect or false credit card information and fail to pay the Auction Price, you may be subject to claims by the seller of the Asset/Physical Item, and additional penalties, including, without limitation, being permanently banned from the Platform.

All bids are final and you cannot cancel your bid once it is placed.

In order to bid on an Asset you must, prior to bidding, have a valid and active ArtBoza ccount..

It is the bidder’s sole responsibility to conduct pre-bidding diligence into the Asset/Physical Item being offered for Auction and bidder assumes all risk of loss or damage to the Asset/Physical Item upon transfer of the same to bidder (pursuant to the terms set forth herein) including, without limitation, responsibility to provide appropriate maintenance (including, without limitation, hosting and security relating to any Asset exported from a ArtBoz account).

Auction timers are not exact and only represent an approximation of the start or end times remaining for a particular Auction. Auction participants should get their bids in as early as possible to ensure that they are processed before the close of the Auction.

If you have an existing account with ArtBoz, you will be asked to confirm your account details when you register to bid on an Asset/Physical Item and may be asked to provide updated identification, and credit and payment information, based on the bidding requirements.

Winning Bidders and Payment of Auction Price

At the end of the Auction Period, the bidder who submitted the highest offer (the “Winner”) is announced automatically. The Winner shall have 72 hours from receiving notice of the successful bid (the “Payment Timeframe”) to complete the purchase and pay the Auction Price. If the Winner does not pay the Auction Price within the Payment Timeframe, the Asset/Physical Item remains owned by the Seller and shall not be transferred to the Winner.

Additional Auction Terms and Risk Assumption

Auction participants are forbidden from engaging in any deceptive conduct that may prevent competitive or fair bidding, artificially inflate or deflate the price of an Asset/Physical Item, simulate demand for an Asset/Physical Item (i.e., “wash trading”), or any other anticompetitive bidding conduct, including but not limited to “puffing”, “chill bidding”, “shill bidding”, “sham bidding”, or “sock puppet bidding”.

You acknowledge and agree to assume the risk of listing your Asset/Physical Item to an Auction or participating in an Auction as a buyer or seller, and take full responsibility and liability for the outcome of any Auction in which you participate. ArtBoz shall not be liable to you or any third-party for the outcome of any Auction.