Guardian Blockchain Labs Pte. Ltd. is a Limited Liability Compan registered in Singapore and the United States of America. The Platform allows and facilitates acquiring of “Digital Collectible(s) or Collectible(s)” (Defined Below) through “Purchase” (Defined Below) or “Auction” (Defined Below).
GuardianLink operates web applications, web services and platforms, and may add mobile applications in the future. GuardianLink reserves the right to change the Terms at any point in time, and the Terms will be updated on the website URL. The user who agrees to the present Terms also agrees to all the subsequent changes in our Terms.
You may contact [email protected] for addressing any issues or questions.
GuardianLink is a platform that is intended to function as a launchpad and a marketplace for NFTs. GuardianLink is nothing more than what it expressly and explicitly claims itself to be. GuardianLink is not a broker or a financial institution or an exchange or a creditor or a custodian or a traditional auction platform. GuardianLink functions as a facilitator and it does not hold responsibility for any remote resemblances of any other entity.
THESE TERMS AND CONDITIONS DO NOT APPLY TO CREATORS, WHO ARE GOVERNED BY A DIFFERENT SET OF TERMS AND CONDITIONS.
These terms and conditions (“Terms”) of use govern the usage of the JUMP TRADE LLC (Referred to as “Us” or “We” or “Our” or the “Platform”) Platform by users (Referred to as "User" or "Users" or “You” or “Your”) who engage in trading of non-fungible tokens representing digital artwork, audio, images, games, and any other content and type of content that might be added to the Platform in the future (Collectively or in-part referred to as “Service” or “Services”).
Digital Collectibles and/or Collectibles: A “Digital Collectible(s)” Or “Collectible(s)” presently is a non-fungible token implemented on the Polygon blockchain Platform using smart contracts (Referred to as “Smart Contracts” or “Byte Codes”)
If you use the platform on behalf of a company or any other organization (“entity”), you, by agreeing to these terms, confirm that you are fully authorized to bind such an entity to the warranties and obligations made under this agreement. You also represent and warrant that you have the right, the authority, and the capacity to enter into a disagreement on behalf of that entity.
Any user who uses GuardianLink Platform to trade, purchase, and access information on digital Collectibles/non-fungible tokens/consume website content including but not limited to gaming, texts, audio, visual content, videos, and any other form of content is bound to agree to these Terms. Any user who does not agree to these Terms shall not access or use the Platform.
Using the Platform (including applying for or opening a GuardianLink account) does not automatically mean that You will be entitled to enjoy full use of the Platform’s functionality (including bidding for NFTs at auction or purchasing NFTs) and/or that we will enter into any form of commercial or other arrangement with You, other than this Agreement.
All the terms mentioned in this Agreement are intended to continue and shall survive termination, including Agreement relating to exclusions and limitations of liability, intellectual property restrictions and ongoing use of Your data.
We partner with third-party service providers for our activities such as payment processing, handling of custody, completion of KYC (Know Your Customer) formalities, and other services from time to time.
Completion of KYC/AML formalities is mandatory to access the funds you have received from selling your NFT.
The KYC/AML formalities will be handled by a third-party provider and it is governed by a different set of terms and conditions provided by the third-party provider. GuardianLink does not in any way hold responsibilities for any issues that might arise from your KYC/AML process.
We may tie-up with different payment service providers for handling your payments. By using the payment services, you agree to the terms and conditions and the entire payment process will be covered by their terms of service. GuardianLink, while providing all assistance within its scope with regards to payments, does not hold responsibility for any issues/disputes that might arise because of payment processing.
We reserve the right to engage with any third-party service provider without prior notification, and agreeing to these terms implies that you agree to all our third-party engagements for carrying out the activities intended by the platform in the present and in the future.
Every third-party service provider might have their own set of terms and conditions that you should agree to. Any dispute arising between you and the third-party service provider should be settled between the two parties involved. The platform is, in no way, responsible for the settlement of the dispute.
The Platform provided by GuardianLink is intended to be used by users who are at least 18 years of age or of minimum legal age in your jurisdiction (whichever is later) and only the users who meet this criteria should enter into a contractual agreement with GuardianLink.
By accessing the Platform, you agree that you are not in any way legally forbidden from accessing or using any features of the Platform. You also confirm that you will not use the Platform for any illegal and unlawful activities including but not limited to acts of terror, acts that might be detrimental to the security and legal interests of any individual or country/administrative body.
By accessing the Platform, you agree that you have not been placed on any of the following lists: European External Action Service Consolidated Financial Sanctions List; EU Terrorist List; FATF Non-Cooperative Countries and Territories; Federal Bureau of Investigation Most Wanted Terrorists & Seeking Information; Bank of England Sanctions List; HM Treasury Sanctions List; Politically Exposed People List; World Bank Ineligible Firms; Department of Foreign Affairs and Trade Consolidated List.
By accessing the Platform, you agree that it is your responsibility to ensure that your equipment meets the technical requirements you need to access the Platform in its optimal experience. We are not responsible for any harm or loss caused by inadequacy of or lapses in your equipment standards and functionality.
By accessing the Platform, you agree that we receive the right to restrict your access in the interest of your and the Platform’s security. You are responsible for treating your security-related access-information such as usernames, passwords, and any other identifier with utmost care and confidentiality. Any activity that happens under your login ID is your responsibility, and you are expected to immediately report any unauthorized access to our support services.
By accessing the Platform, you agree that all the information furnished by you is accurate, and you are solely responsible for addressing issues that might arise due to inaccurate information. You may choose to customize your username, and we reserve the right to change your username if it includes profanity or hate-language content or sensitive information/issues.
By accessing the Platform, you agree that we reserve the right to disable your account and/or access to your account if at any point in time, you’re found to be in violation of the Terms. We do not hold any responsibility for the actions outside or within our Platform that resulted in your account being disabled.
To transact with the platform, you must, after creating your account, credit your account with tokens that may be used to buy Digital Collectibles on the platform. You will be transferring your funds either from Crypto or Fiat sources to the custodial wallet of our platform powered by a third party provider.
Our custodial wallet only supports ERC-20 (Ethereum and Polygon), BEP-20 (Binance Smart Chain) deposits. Transferring any unsupported token from/to any unsupported network will result in an irreversible and non-refundable loss of deposit.
Please deposit only USDT (Tether), compliant with the above protocols on this address. Any other coin being transferred will result in an irreversible and non-refundable loss of the coins.
The minimum deposit amount is 100 USDT. Any deposit below 100 USDT will not be supported and cannot be recovered/refunded.
The address only supports USDT (ERC-20/BEP-20). OMNI wallets are not supported.
You can also make use of the third-party payment service providers that our platform has partnered with to fund your wallet.
It is your duty to ensure that the transfers to the platform wallets are made in USDT, using tokens that comply with ERC-20 or BEP-20 or other similar protocols/standards. You also understand that any transfer using tokens that do not comply with these standards will result in an irreversible loss of funds and the platform will not refund these tokens/funds lost due to the negligence of the user.
The items offered on the platform either for direct sale or for auction are unique cryptographic tokens also known as non-fungible tokens. These non-fungible tokens are minted using smart contracts and they are tracked and stored on the Polygon Blockchain.
The platform is responsible only for the smart contract that constitutes the non-fungible tokens launched on GuardianLink. The initial owner of the token will be the artist/creator/brand/celebrity/game developer that the platform partners with.
Any transaction intended for the purpose of transferring, offering, bidding, listing, selling, or purchasing of these non-fungible tokens will be initiated through one or more smart contracts, and some of the elements of every transaction might be outside the Polygon ecosystem. By consenting to this agreement, you also accept to the transfer of the Digital Collectibles, the fees, the commissions, and the royalties, and that many processes including but not limited to the ones mentioned above will be automated through smart contracts.
You can purchase your Digital Collectible on the platform using either the third-party payment service provider or UPI or direct crypto payments (refer to the ‘The Custodial GuardianLink Wallet’ section). You may be, subject to the options provided by the third-party payment processor, able to fund your wallet through credit cards, debit cards, and other methods. It is to be noted that the payment restrictions and limits might also be the result of your agreement with the third-party payment service provider or the financial institution that provides the payment instrument you utilize to fund your wallet.
You are responsible for handling and paying all the taxes involved in the transaction. You are also responsible for the payment of any taxes that might become payable in the future as a result of your ownership or transfer or purchase or sale.
Any activity on the blockchain including but not limited to transactions may require payments of small fees called ‘gas’ fee.
The platform holds the right to absorb the gas fees on your behalf or pass it on to you. If the platform does not bear any gas fees, it is strictly on a non-precedential basis. You also acknowledge that the platform may add or deduct gas fees in the future.
The value of the gas fee fluctuates rapidly and is often unpredictable. It is outside the control of the platform. By consenting to this agreement, you acknowledge that no contract or agreement or offer or bid or sale or any other form of transaction be invalidated, revocable, retractable, or otherwise unenforceable on the platform on the basis that the gas fee was unknown or too high or unacceptable in any other way to you.
All the gas fees are nonrefundable and they will not be refunded under any circumstance whatsoever.
It is the responsibility of the user to ensure that the payment instrument stays active during withdrawal. GuardianLink will not be held responsible for any funds that might have lapsed/gotten lost because of faulty/inaccurate/invalid payment instrument information provided by the user that nullifies/tampers with the processing of the wallet money withdrawal.
By using the platform, you agree that the applicable artist fee/royalty and the processing/service/platform fee will be automatically debited/deducted from the final price of the NFT/final credit amount for selling the NFT (whichever is applicable). The process is automated and on-chain, and every transaction will have the applicable fees deducted in relevant instances.
The platform holds the right to modify the artist fee/royalty and the processing/service/platform fee without any prior notice. You are expected to check the latest version of the terms and conditions to ensure that you are updated. The applicable fees might be charged as an absolute amount or as a percentage of the transaction amount which the platform will determine on a case-by-case basis.
All the payments made to the platform for the purpose of transaction are non-refundable. You can read the details of it under the Refund Policy section below
Under no circumstances shall any form of refund be entertained, especially for completed transactions. The platform does not hold any responsibility for wrongly conducted transactions, transactions carried out with wrong addresses, transactions carried out as a result of any malicious link/website/app/media/claim in any form impersonating the platform, and transactions attempted without complying with the set standards.
The funds added to the wallet will not be eligible for withdrawal until a period of seven days post completion of drop.
Under no circumstances shall a fulfilled transaction for the purchase of a Digital Collectible be reversed or refunded.
In the event of the user losing an auction, the bid amount will be returned to the Wallet. The seven day interval still applies for the withdrawal.
You will not be eligible to withdraw your Wallet balance if you have placed a bid and if the auction is still active.
The platform reserves the right to modify the rules of refunds and it will be updated in the terms and conditions.
You are encouraged to check the Terms page for the latest version of the rules and policies.
The Digital Collectibles are available either for direct purchase or under a pre-booking system or under an auction system or under a limit order system. The purchase of the Digital Collectible at an advertised list price will reduce your spending balance permanently by a commensurate number of tokens.
The platform follows the classic English auction method. The auction is bound by a certain stretch of time. The platform will list the Digital Collectible and will decide on the minimum bid value.
The user with the highest bid at the time of the auction ending is considered the winner of the auction and they, upon conditions required being met, will be eligible to own the Digital Collectible.
If a bid is placed within the last 10 minutes of the auction, the auction time will be extended by 10 minutes from the time of the bid, so last minute bids can be accommodated.
The bidding amount will be unavailable for spending including for other bids and for direct purchases.
Non-Fungible tokens can be sold either through direct selling or by opening a bidding process on the marketplace. Whether or not the non-fungible token will be sold through bidding depends on the nature of the token and the discretion of the seller.
Unlike the classic auction, the bidding on the marketplace is not time-bound. The seller reserves the right to close the auction at any point in time they deem suitable. The seller understands that only a certain type of nonfungible tokens are eligible to be put for bidding.
In the event of the seller not acknowledging a bid placed on the non-fungible token, the locked amount for the bidder will automatically be released and the bid placed will be considered lapsed. The platform does not hold responsibility for any changes in the bidding patterns or price after a bit has lapsed.
The seller has the power and responsibility to determine the sale price and the minimum bid price of the NFT that is put on sale on the GuardianLink platform. The seller will also hold responsibility in determining for how many days the bidding window will be open.
GuardianLink does not, in any way, hold responsibility for the pricing set by the seller as it is in their own accord. GuardianLink also does not hold any responsibility for any NFT going unsold for any reason whatsoever including but not limited to the price is it by the seller.
While the initial cost of the NFT at the time of drop was determined by GuardianLink, any price increase/decrease whatsoever is outside the scope/control of GuardianLink. GuardianLink shall not be, in any way, held responsible for any price changes/fluctuations on the NFT.
Until the NFT is completely sold by the seller, the seller in possession of the NFT is governed by the terms and conditions that outline/direct its usage.
When a seller lists an NFT for direct sale/bidding, it is the responsibility of the seller to ensure that the listing is accurate and complete. The seller should also ensure that the listing is not deceptive or misleading. The sale listing should include all pieces of relevant information on the NFT.
The seller understands that they do not own the intellectual property rights or the underlying content of the NFT except for what has been explicitly mentioned in the limited license granted to the seller.
The seller should acknowledge the bid within seven days of the bid being placed by a prospective bidder. Any bid that is not acknowledged by the seller within the seven-day window will be considered lapsed. The bid amount will no longer be valid and the platform does not hold responsibility for any drop in the price of the NFT because of the induction of the seller.
Any changes in prices that might occur because of the action of the seller including but not limited to the removal of an NFT from the sale will not be the responsibility of the platform. The seller holds complete responsibility for the listing, the pricing, and all the consequences of their actions that, in any way, alter the selling prospects/price of the NFT.
The seller shall refrain from activities like using artificial/fake accounts to increase the price of their listing through fake bids. The seller shall not list their NFT for any type of selling whatsoever on any other third-party platform except GuardianLink. Any such activity will be considered a violation of terms and shall not hold GuardianLink for any consequences whatsoever.
It is the responsibility of the buyer to ensure the accuracy of information/authenticity of the NFT is in line with their expectations. The platform does not hold responsibility for any disputes that might arise out of the negligence/lack of diligence from the buyer.
The buyer understands that the NFTs purchased on GuardianLink is not available for sale anywhere else except the GuardianLink marketplace. Any such instances of the buyer buying an NFT from any unauthorized third-party will refrain GuardianLink from its responsibilities as a platform as outlined in the terms and conditions.
The buyer may use certain tools provided by the platform to determine the rarity of the NFT they intend to purchase. It is to be noted that the rarity tool is just an instrument for assisting users and it does not in any way determine the price of the NFT directly. Buyers are expected to exercise due diligence in using the tool and in understanding its limitations/scope.
The website shall not constitute or be construed as financial or investment advice or as an investment recommendation. The algorithmic ranking does not imply anything on commercial lines whatsoever.
Every NFT collection has its own ranking method and mechanism. The tool should be used exclusively for determining the rarity ranking within the collection and not outside the collection. Any losses/damages resulting from such comparison and any action taken consequently will not be the responsibility of the tool or the platform.
The buyer holds complete responsibility for the bid they have placed and they are liable to pay the bid unless a higher bid has been placed or the seller has removed the NFT from the listing. Any violation of this rule will result in consequences that will completely be the buyer/bidder’s responsibility.
The buyer shall not engage in any unlawful and unfair practices including but not limited to placing a bid without serious intent to buy or sell bidding (bidding activities intended with the sole purpose of increasing the price or desirability or in any way altering the sale ability of an NFT through unfair means.
The buyer shall not use any means to engage in anti-competitive bidding activities including but not limited to using bots or artificial/fake accounts to bid on any listing including their own.
The buyer, upon purchasing an NFT or placing a bid for an NFT, holds complete responsibility for the outcome of the bidding, which will result in funds being deducted from their GuardianLink wallet.
As a buyer, you are governed by the terms and conditions that direct/control the usage of the NFT as soon as you come in possession of the NFT upon the completion of the sale/closure of bidding.
We hold no responsibility for the Collectibles traded on our Platform. We do not investigate and cannot guarantee or warrant the originality, the authenticity, the uniqueness, and the value of the Collectible. While we try our best to ensure that the information provided on our Platform is accurate, we hold no responsibility for changes that may occur from time to time.
Collectibles are subjective in their value. The user understands that the value of Collectibles is extremely volatile and maybe subject to fluctuations, emotions, and market movements. These Collectibles are not a legal tender and are not backed by any government. Legislative and regulatory changes may adversely affect the value, the use, and the transferability of these Collectibles.
Our Collectibles could be subject to the risk of counterfeiting or fraud or cyber attacks or some other technical challenge that might prevent your access to the Collectibles.
You agree that you are solely responsible for determining the potential value, suitability, nature, and appropriateness of risks by yourself when it comes to purchase of/bidding on Collectibles. You also understand that we will not be responsible for any disruptions or errors or distortions or failure of communication you may experience in using our services. We do not, in any way, take responsibility for your buying/bidding decisions.
The user who directly purchases or wins the auction becomes the owner of the Digital Collectible. As the owner of the Digital Collectible, the user has the eligibility and right to sell their Digital Collectible only on the proprietary marketplace that will soon be launched parallel to the platform.
The marketplace will have its own set of terms and conditions that the users (both buyers and sellers) will have to separately and explicitly agree to in addition to the terms and conditions that govern the platform.
All the risk and responsibility of the Digital Collectible, once transferred to you, will fall on you. The exact time at which the risk of the Digital Collectible is transferred may be determined at the discretion of the platform.
The platform does not hold any responsibility for any uses you make of the Digital Collectible or any future transactions you make of/with the Digital Collectible.
The disclaimers and limitations of liability made by the platform under this agreement shall not be terminated or relinquished but shall survive in the event of any subsequent sale or transfer or disposition or burning or any other form of relinquishment of the Digital Collectible by you. It is your responsibility to provide notice to any subsequent possessor or owner of the digital collectible and all the disclaimers attached.
GuardianLink (or, as applicable and as determined by GuardianLink, GuardianLink’s licensors) own all legal right, title and interest in and to all elements of the Platform including text, images, graphics, design, systems, methods, information, computer code, software, services, ‘look and feel’, organization, compilations, code, data, photographs, articles, images, illustrations, audio, audiovisual, video, and all other elements of the Platform (collectively and severally “GuardianLink Materials”.
All trademarks, service marks, and trade names contained in the GuardianLink Materials are proprietary to GuardianLink or its licensors. All rights in the product names, brand names, trade names, logos, service marks, trade dress, slogans, product packaging, and designs whether or not appearing with a trademark symbol and whether or not registered, belong exclusively to GuardianLink or their respective owners (including GuardianLink brand partners), and are protected from use, misuse, reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws.
You agree and undertake at all times to abide by all copyright notices, trademark rules, information, and restrictions contained in any GuardianLink Materials featured on or accessed through the Platform.
Use, copy reproduce, modify translate, store, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any GuardianLink Materials or other proprietary rights not owned by You, (i) without GuardianLink’s express prior written consent and that of any applicable respective rights owners, and/or (ii) in any way that violates any third party rights;
Modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly permitted by this Agreement), create derivative Works based on, distribute, perform, display, or in any way exploit, any of the GuardianLink Materials, software, materials, or Platform in whole or in part; or Use modified versions of any software underlying our Platform, including without limitation, for the purpose of obtaining unauthorized access to our Platforms or applications.
GuardianLink reserves all rights in and to the GuardianLink Materials not expressly granted to You in this Agreement.
As the owner of the Digital Collectible, you may not copy or modify or edit or reverse engineer the Collectible in part or in full including but not limited to the imagery, the design, the colors, the look and feel, the format, the features, or attributes.
As the owner of the Digital Collectible, you will not use the Collectible in any derogatory fashion and for any purpose remotely related to and legally classifiable to be about hatred, violence, racism, slavery, intolerance, cruely (to humans and other living beings), and harassment.
As the owner of the Digital Collectible, you will not use the Collectible for sales purposes (unless explicitly deemed as authorized usage by law), gambling, in pornographic context, spamming purposes, or any way that intends infringement of others’ rights and is deemed unlawful. This includes but is not limited to manners that could be considered defamatory, threatening, abusive, obscene, vulgar, offensive, and indecent. You also understand that you will bear all the legal consequences of such actions.
As the owner of the Digital Collectible, you may not remove or obscure any signature of the creator/brand that attributes the creation. You may not take any steps that might mislead others or cause discrepancies in identifying the brand/celebrity/creator behind the Collectible.
As the owner of the Digital Collectible, you may not use the Collectible for any commercial purpose including but not limited to promotion of businesses, products, or services, advertising, creation of commercial products like merchandise, or refer to or otherwise liking themselves to the Collectible or any of its attributes.
Any financial benefit that you derive from the Collectibles including but not limited to its value in secondary market places is purely incidental. We do not guarantee that the price/value of the Collectible will move in a certain direction. The user understands that the value of the Collectible is subjective and is vulnerable to emotions, volatility, market fluctuations, and regulations/legal frameworks.
for the purpose of sharing, promoting, discussing, or commenting on the NFT and the Collector’s purchase or ownership of the NFT including social media platforms, blogs, digital galleries, or other digital media;
on third party marketplaces deemed acceptable by the Platform, exchanges, platforms, or applications in association with an offer to sell, or trade, the NFT to which the Work is affixes; and within decentralized virtual environments, virtual worlds, virtual galleries, virtual museums, or other navigable and perceivable virtual environments, including simultaneous display of multiple copies of the Works within one or more virtual environments.
You hereby irrevocably release, acquit, and forever discharge GuardianLink and its subsidiaries, affiliates, officers, and successors of any liability for direct or indirect copyright or trademark infringement in respect of GuardianLink’s use of a Works in accordance with this Agreement, including without limitation, GuardianLink’s solicitation, encouragement, or request for You or third parties to host the Works for the purpose of operating a distributed database and/or promoting the Platform.
You agree to indemnify and hold GuardianLink, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand (including, without limitation, from all damages, liabilities, settlements, costs and attorneys’ fees) made by any third party due to or arising out of Your access to the Platform, use of the Platform, the violation of this Agreement by You, or the infringement by You, or any third party using Your account, of any intellectual property or other right of any person.
GuardianLink respects the intellectual property rights of others. It is our policy to use reasonable efforts to investigate notices of alleged infringement and will take appropriate action under the Digital Millennium Copyright Act (“DMCA”) and this Agreement, including removing or disabling access to GuardianLink Materials claimed to be infringing and/or terminating accounts and access to the Platform.
If You are a copyright owner or an agent thereof and believe that any GuardianLink Materials on the Platform infringe upon Your copyrights, You may submit a notification pursuant to DMCA by providing us with the information in writing in accordance with 17 U.S.C. § 512.
You must submit Your DMCA Take-Down Notices and Counter Notifications to us by email to [email protected], with the subject: GuardianLink DMCA Take Down Notification.
Official DMCA Notices must provide all the information described above in order to be effective. If Your DMCA Notice is ineffective, we may ignore it and have no obligation to remove the allegedly infringing material.
By using this Platform and its services, you acknowledge and understand that thepublic address of your wallet will be made publicly visible whenever you engage in any transaction on the Platform. We reserve the right to change the Blockchain that we use to power our Platform, and all the references provided in these terms still hold good and true in the event of changes in the Blockchain and/or in the decentralized protocol that we will use.
Blockchain is a nascent technology and there are possibilities of technological difficulties. In the event of such difficulties being experienced, the Platform may not function at its intended capacity and it might affect the access to your Collectibles.
Blockchain technology is subject to multiple legal uncertainties, and there are possibilities of the Platform, the Collectibles, and your funds being adversely impacted in case of any regulatory and legal inquiries, investigations, claims, fines, judgments, suits, and actions. This could hamper or impede your ability to continue the use of our Platform, the associated assets, and every other manifestation of this technology. By agreeing to these terms, you accept that you understand these uncertainties and risks.
Transactions involving the purchase of Collectibles may not be reversible except for the instances described in our refund policy. Any losses that occur due to fraudulent or accidental transactions will not be recoverable and we will not be liable or responsible for these losses. The user takes full responsibility for these transactions and the accuracy of information.
The Blockchain that powers our Platform might be subject to sudden changes in operating rules. Forking the Blockchain might result in multiple versions, and subsequently, in more than one version of your Collectible. This might affect the value and the function of the initial Collectible. Under such a situation, we might temporarily suspend our services while we determine which network to support. The decision will be at our sole and absolute discretion. We also reserve the right to stop supporting/abandoning the initial or the copy of the Collectible. We, at our sole discretion, might obtain and retain the unsupported Collectible.
If any of the terms or its application to any circumstance shall, to any extent, be declared illegal, void, invalid or unenforceable by any competent body, the legality, validity and enforceability of the remainder of the terms and the application of that term to other circumstances shall not be affected thereby, and each term of this Agreement shall be valid and enforceable to the fullest extent permitted by the Applicable Law. If any clause of those Terms is asserted invalid, unlawful or unenforceable via way of means of any in a position court, tribunal, arbitral bench, or any any competent body then such phrases will be deemed automatically adjusted by the Company to comply to the necessities for validity at such time and, as so adjusted, will be deemed a provision of those Terms as though at the beginning included and shall carry the same commercial effect/interest as the term it replaces/adjusts. If the availability invalidated is of the sort of nature that it can not be so adjusted, the availability will be deemed deleted from the Terms as even though the availability had by no means been included.
While we strive our best, we cannot guarantee continuous, uninterrupted, and error-free availability/operability of our Platform. There may be times when certain features or content or parts of our Platform or the entire Platform itself might become unavailable either on a scheduled or unscheduled basis. It is subject to modification, suspension, and withdrawal at our sole discretion and without any notice. We are not liable to you or any third-party for any of the above acts mentioned. We are also not responsible for any losses you may suffer and any drop in the value of the Collectibles you own or any Collectible which was/is on our Platform.
We may change the format and content of the Platform from time to time. You agree that your use of the Platform is on an "as is" and "as available" basis and at your sole risk. Whilst we try to make sure that all information contained on the Platform is correct, it is not intended to amount to authority or advice on which reliance should be placed. You should check with us or the relevant information source before acting on any such information. We make or give no representation or warranty as to the accuracy, completeness, currency, correctness, reliability, integrity, quality, availability, fitness for purpose or originality of any content of the Platform and, to the fullest extent permitted by law, all implied warranties, conditions or other implied terms of any kind are hereby excluded and we accept no liability for any loss or damage of any kind incurred as a result of you or anyone else using the Platform or relying on any of its content.
We cannot and do not guarantee that any content of the Platform will be free from viruses and/or other code that may have contaminating or destructive elements. It is your responsibility to implement appropriate IT security safeguards (including anti-virus and other security checks) to satisfy your particular requirements as to the safety and reliability of the content.
In no event shall we be liable to you for any losses, whether indirect or consequential, or for any loss of profit, revenue, contracts, data, goodwill, or other similar losses, and any liability we do have for losses you suffer is strictly limited to losses that were reasonably foreseeable.
We are not liable for any user error, incorrect data, or loss of NFTs, or other information. Collectibles are intangible assets represented by the corresponding NFT on the Ethereum network. We are not responsible for this network, for recording, or verifying ownership or value of any Collectible.
Our role is limited to providing a Platform to allow users to offer for sale, and to buy Collectibles directly. With the exception of the initial sale of each Collectible, we are not a party to any secondary sale or purchase. We do not take payment on behalf of other parties and we are not a payment service provider.
We do our best to make sure all Collectibles are original works and do not infringe any third-party rights. There can be no guarantee or assurance of the uniqueness, originality or quality of any Collectible. You have no recourse or rights against us in relation to the existence of similar or identical works, or in relation to the infringement of any third-party rights.
Each User shall defend, indemnify, compensate, reimburse and preserve innocence of GuardianLink Company (and every one of its officers, directors, members, employees, sellers and affiliates) from any claim, demand, action, damage, loss, value or expense, such as with out quandary affordable attorneys’ fees, arising out of or pertaining to (a) User’s use of, or behavior in connection with, the Offerings; (b) User’s violation of those Terms or some other relevant coverage or agreement of GuardianLink Company; or (c) users violation of any rights in regards to other third persons.
any errors, mistakes, omissions, or inaccuracies relating to GuardianLink Materials, or any loss or damage of any kind incurred in connection with use of or exposure to any GuardianLink Materials posted, emailed, accessed, transmitted, or otherwise made available via the Platform;
loss or damaged caused by another user’s violation of this Agreement, including any unauthorized access to or use of our servers and/or other Platform features;
any restitution or compensation for loss of profits, revenues, and/or data;
any types indirect, special, incidental, consequential, punitive or exemplary damages arising out of or related to participation in or the outcome of Platform uses, NFT ownership, interactions, and/or transaction, whether or not GuardianLink has been advised or knew of the possibility of such damages; and the acts or omissions of any third parties, nor for any damage that You may suffer as a result of Your transactions or any other interaction with any third parties, including third-party providers that provide Wallet services and/or that store the NFT.
By accessing the Platform, you agree that it is your responsibility to ensure that your equipment meets the technical requirements you need to access the Platform in its optimal experience. We are not responsible for any harm or loss caused by inadequacy of or lapses in your equipment standards and functionality.
If any provision of this Agreement is found to be unlawful or unenforceable, then that provision will be deemed severable from this Agreement and will not affect the enforceability of any other provisions.
These Terms shall be governed by and construed and interpreted in accordance with the laws of the United States of America, as to all matters, including matters of validity, construction, effect, enforceability, performance and remedies. Although the Offerings may be available in other jurisdictions, each User hereby acknowledges and agrees that such availability shall not be deemed to give rise to general or specific jurisdiction over GuardianLink Company in any forum outside the Singapore.
If a User has a potential legal dispute, claim or cause of action against GuardianLink Company, the User shall first (prior to initiating any proceedings) contact GuardianLink Company by sending an email to [email protected] describing the nature of the potential dispute, claim or cause of action and providing all relevant documentation and evidence thereof. Users shall use their respective reasonable endeavor to settle any dispute, difference claim, question or controversy arising out of, in connection with, or in relation to these terms (“Dispute”) amicably through negotiations in good faith.
All disputes arising out of or in connection with the present terms or in reference to or at once or not directly regarding those Terms or any of the topics or transactions pondered with the aid of using those Terms (for the avoidance of doubt, along with any declare searching for to invalidate, or alleging that, any or all a part of those Terms is unenforceable, void or voidable) (such claims, disputes and controversies, collectively, “Disputes”) and not resolved after 60 days of negotiations since the rise of such dispute, will be eventually settled with the aid of using binding arbitration. The arbitrator shall have distinctive authority to clear up all Disputes, and the arbitral award will be very last and binding upon the parties. The Arbitration shall take place in English. The seat of Arbitration shall be Singapore. The venue of the arbitral proceedings can be online or determined as per convenience of the parties. All Users hereby agree that any arbitration or claim shall be undertaken in their individual capacity and not as a joint class action.
GuardianLink Company or any User may also provoke an arbitration intending through turning in written notice to the other, whereupon the parties shall fairly cooperate to pick out an arbitrator and submit the Dispute to such arbitrator. In the event the parties are not able to agree on the choice of an arbitrator within 15 days from the submitting of a call for arbitration, the Singapore Arbitration Association (the “SAA”) shall appoint the arbitrator. The arbitrator’s award will be written and reasoned, and binding on the parties in any and all jurisdictions.
The parties agree that the arbitral process shall be conducted in confidentiality and disclosure of any information about the arbitrator proceedings or information learned during the proceedings could be detrimental to the business of the other party. The receiving party shall be liable to further damages if there is any breach of such Confidentiality and unauthorized disclosure of confidential information.
Guardian Blockchain Labs Pte. Ltd. Singapore [email protected]