Terms of Service

These Terms govern the access to and utilization of the MyArtVortex website(s), our APIs, mobile applications ("App"), and any live support, software, tools, features, or functionalities provided in connection with our services. This includes the ability to view, explore, display, and create NFTs, as well as the option to use our tools to directly interact with others for the purpose of minting, purchasing, selling, or transferring NFTs on public blockchains. The term "NFT" in these Terms refers to a non-fungible token or a similar digital item implemented on a blockchain, such as the Ethereum blockchain, that utilizes smart contracts to establish a connection with specific content or data.

PLEASE CAREFULLY READ THESE TERMS OF SERVICE AS THEY CONTAIN IMPORTANT INFORMATION AND AFFECT YOUR LEGAL RIGHTS. AS OUTLINED IN SECTION 16 BELOW, THEY INCLUDE A MANDATORY ARBITRATION AGREEMENT AND A CLASS ACTION WAIVER THAT REQUIRES ALL DISPUTES BETWEEN US TO BE RESOLVED THROUGH INDIVIDUAL ARBITRATION RATHER THAN IN COURT BY A JUDGE OR JURY. BY CLICKING TO ACCEPT, SIGN, AND/OR USE OUR SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL TERMS REFERENCED HEREIN. YOU MAY NOT ACCESS OR USE THE SERVICE IF YOU DO NOT AGREE TO THESE TERMS.

MyArtVortex is not a wallet service provider, exchange, broker, dealer, financial institution, payments processor, money services company, or creditor. MyArtVortex is a peer-to-peer web3 service that allows users to discover and communicate with one another as well as NFTs available on public blockchains. We have no custody or control over the NFTs or blockchains with which you are dealing, and we do not execute or carry out NFT purchases, exchanges, or sales. You must need a third-party wallet that permits you to conduct blockchain transactions in order to use our Service.

MyArtVortex maintains the right, at our sole discretion, to update or modify these Terms at any time. If we make major changes to these Terms, we will make reasonable attempts to notify you, such as by posting a notice on the Service or amending the "Last Updated" date at the top of these Terms. By continuing to access or use the Service, you affirm your acceptance of the new Terms and all terms included therein by reference, which will become effective on the date these Terms are modified. It is your sole obligation to examine the Terms on a regular basis to see if any changes have occurred and to ensure that you understand the terms and conditions that apply when you access or use the Site.

Accessing the Service
On MyArtVortex, your blockchain address serves as your identity, as it does in much of web3. As a result, in order to use the Service, you will require a blockchain address and a third-party wallet. Your account on the Service ("Account") will be linked to your blockchain adopendress; however, if you wish to personalize your MyArtVortex persona, you can add extra information to your Account, such as a profile photo. MyArtVortex takes no responsibility or liability for your use of a wallet and makes no guarantees or assurances about how the Service will work with any specific wallet. You are completely responsible for maintaining the security of your wallet, and you should never reveal your wallet credentials or seed phrase with anybody. You agree to immediately notify us if you discover or otherwise suspect any security issues related to the Service or your Account (you can contact us support@myartvortex.com

Ownership
All other third-party trademarks, registered trademarks, and product names mentioned on the Service or contained in the content linked to or associated with any NFTs displayed on the Service 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 rights holder. Reference to any products, services, processes or other information by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by MyArtVortex.

License to Access and Use Our Service and Content
You are hereby granted a limited, nonexclusive, nontransferable, nonsublicensable, and personal license to access and use the Service provided, however, that such license is subject to your compliance with these Terms. If any software, content, or other materials owned by, controlled by, or licensed to us are distributed or made available to you as part of your use of the Service, we hereby grant you a non-commercial, personal, non-assignable, non-sublicensable, non-transferrable, and non-exclusive right and license to access and display such software, content, and materials provided to you as part of the Service (and right to download a single copy of the App onto your applicable equipment or device), in each case for the sole purpose of enabling you to use the Service as permitted by these Terms, provided that your license in any content linked to or associated with any NFTs is solely as set forth by the applicable seller or creator of such NFT.

Third-Party Content, Agreements, and Services
As a peer-to-peer web3 service, MyArtVortex helps you explore NFTs created by third parties and interact with different blockchains. MyArtVortex does not make any representations or warranties about this third-party content visible through our Service, including any content associated with NFTs displayed on the Service, and you bear responsibility for verifying the legitimacy, authenticity, and legality of NFTs that you purchase from third-party sellers. We also cannot guarantee that any NFTs visible on MyArtVortex will always remain visible and/or available to be bought, sold, or transferred. Users are solely responsible for any content related to their NFTs.
These Terms solely govern the use of our Service. NFTs are available on public blockchains, are purchased, sold, or transferred between a buyer, seller and/or creator directly, and may be purchased, sold, or transferred by buyers, sellers, and/or creators without the use of our Service and therefore without agreeing to our Terms. Additionally, to the extent applicable, they are solely responsible for any mint count and minting mechanics for NFTs they sell. For its Service, MyArtVortex may receive certain fees. MyArtVortex does not set, collect, or determine other applicable costs, fees, and expenses associated with buying and selling an NFT, including but not limited to any creator earnings, gas, or transaction fees.

User Conduct
You agree that you will not violate any law, contract, intellectual property or other third-party right, and that you are solely responsible for your conduct and content, in connection with using the Service. You also agree that you will not:

• • Use or attempt to use another user’s Account without authorization from such user
• • Pose as another person or entity, or use a wallet to engage in a transaction on MyArtVortex that is owned or controlled, in whole or in part, by any other person;
• • Access the Service from a different blockchain address if we’ve blocked any of your other blockchain addresses from accessing the Service, unless you have our written permission first;
• • Distribute spam, including through sending unwanted NFTs to other users;
• • Use the Service – including through disseminating any software or interacting with any API – that could damage, disable, overburden, or impair the functioning of the Service in any manner;
• • Bypass or ignore instructions that control access to the Service, including attempting to circumvent any rate limiting systems, directing traffic through multiple IP addresses, or otherwise obfuscating the source of traffic you send to MyArtVortex;
• • Use our Service, including our APIs, in any way that conflicts with our developer policies;
• • Use our Service for commercial purposes inconsistent with these Terms or any other instructions;
• • Use any data mining, robot, spider, crawler, scraper, script, browser extension, offline reader, or other automated means or interface not authorized by us to access the Service, extract data, or otherwise interfere with or modify the rendering of Service pages or functionality;
• • Use the Service or data collected from our Service for any advertising or direct marketing activity (including without limitation, email marketing, SMS marketing, and telemarketing);
• • Use the Service to create, sell, or buy NFTs or other items that give owners rights to participate in an ICO or any securities offering, or that are redeemable for securities, commodities, or other financial instruments;
• • Create, display, purchase, or sell illegal content, such as content that may involve child sexual exploitation;
• • Create or display NFTs or other items that promote suicide or self-harm, incite hate or violence against others, or dox another individual;
• • Use the Service for any illegal or unauthorized purpose, including creating or displaying illegal content, such as content that may involve child sexual exploitation, or encouraging or promoting any activity that violates the Terms of Service;
• • Use the Service with the proceeds of unlawful activity or with a wallet used to engage in unlawful activity;
• • Use the Service in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Service.

Disclaimers
YOUR ACCESS TO AND USE OF THE SERVICE IS AT YOUR OWN RISK. YOU UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND MyArtVortex EXPRESSLY DISCLAIMS WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. MyArtVortex (AND ITS SUPPLIERS) MAKE NO WARRANTY OR REPRESENTATION AND DISCLAIM ALL RESPONSIBILITY FOR WHETHER THE SERVICE: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE. MyArtVortex DISCLAIMS ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. MyArtVortex WILL NOT BE LIABLE FOR ANY LOSS OF ANY KIND FROM ANY ACTION TAKEN OR TAKEN IN RELIANCE ON MATERIAL OR INFORMATION, CONTAINED ON THE SERVICE. WHILE MyArtVortex ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE SERVICE SAFE,MyArtVortex CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICE, CONTENT, CONTENT LINKED TO OR ASSOCIATED WITH ANY NFTS, OR ANY NFTS YOU INTERACT WITH USING OUR SERVICE OR OUR SERVICE PROVIDERS’ SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE CANNOT GUARANTEE THE SECURITY OF ANY DATA THAT YOU DISCLOSE ONLINE. NO ADVICE OR INFORMATION, WHETHER ORAL OR OBTAINED FROM THE MyArtVortex PARTIES OR THROUGH THE SERVICE, WILL CREATE ANY WARRANTY OR REPRESENTATION NOT EXPRESSLY MADE HEREIN. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND WILL NOT HOLD MyArtVortex RESPONSIBLE FOR ANY BREACH OF SECURITY. WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS AND TAKE NO RESPONSIBILITY FOR, AND WILL NOT BE LIABLE TO YOU FOR, ANY USE OF OR LOSS OF USE OF NFTS, CONTENT, AND/OR CONTENT LINKED TO OR ASSOCIATED WITH NFTS, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES, OR CLAIMS ARISING FROM: (A) USER ERROR, INCORRECTLY CONSTRUCTED TRANSACTIONS, OR MISTYPED ADDRESSES; (B) SERVER FAILURE OR DATA LOSS; (C) UNAUTHORIZED ACCESS OR USE; (D) ANY UNAUTHORIZED THIRD-PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION THE USE OF VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK AGAINST THE SERVICE OR NFTS.

Assumption of Risk
You accept and acknowledge:

• • The value of an NFT is subjective. Prices of NFTs are subject to volatility and fluctuations in the price of cryptocurrency can also materially and adversely affect NFT prices. You acknowledge that you fully understand this subjectivity and volatility and that you may lose money.
• • You understand that you are responsible for any fees related to use of the Service, including for actions you take on the blockchain, regardless of whether a successful transaction occurs, and that such fees are final and irreversible.
• • A lack of use or public interest in the creation and development of distributed ecosystems could negatively impact the development of those ecosystems and related applications, and could therefore also negatively impact the potential utility of NFTs.
• • The regulatory regime governing blockchain technologies, non-fungible tokens, cryptocurrency, and other crypto-based items is uncertain, and new regulations or policies may materially adversely affect the development of the Service and the utility of NFTs.
• • There are risks associated with purchasing items associated with content created by third parties through peer-to-peer transactions, including but not limited to, the risk of purchasing counterfeit items, mislabeled items, items that are vulnerable to metadata decay, items on smart contracts with bugs, and items that may become untransferable. You represent and warrant that you have done sufficient research before making any decisions to sell, obtain, transfer, or otherwise interact with any NFTs or accounts/collections.
• • We do not have ownership or control of the smart contracts deployed by third parties, and are not responsible and make no guarantees regarding their operation and functionality.
• • We do not control the public blockchains that you are interacting with and we do not control certain smart contracts and protocols that may be integral to your ability to complete transactions on these public blockchains.

Privacy Policy
Please refer to our Privacy Policy here for information about how we collect, use, and share your information. By submitting Your Information through our Service, you agree to the terms of our Privacy Policy and you expressly consent to the collection, use, and disclosure of Your Information in accordance with the Privacy Policy.