PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.
These terms and conditions constitute a legally binding agreement (the "Agreement") between you (also referred to herein as "You", "Your" or "User") and Coins Avy ("we" or "us"), governing your access to and use of The Avy project website(s), our APIs, and any other software, tools, features, or functionalities provided on or in connection with our services. "NFT" in these Terms means a non- fungible token or similar digital item implemented on a blockchain, which uses smart contracts to link to or otherwise be associated with certain content or data.
By entering into this Agreement, and /or by you participating in The Avy Academy offering, you expressly acknowledge that you understand this Agreement and accept all its terms. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT PARTICIPATE IN THE OFFERING. NOTICE: Please read these Terms carefully. They cover important information about Services provided to you and any charges, taxes, and fees we bill you. These Terms include information about future changes to these Terms, limitations of liability, a class action waiver, and resolution of disputes by arbitration as well as by court.
"Art" means any art, graphics, images, designs, logos, taglines, and drawing that may be associated with an NFT in which you acquire Licensed Rights. "Equivalent" means the value, in US Dollars, of the market value of the relevant amount, trade dress, colours, trade dress designs, and /or all other intellectual property of Avy. "NFT" means blockchain - tracked, non-fungible token. "Licensed Rights" with respect to an NFT means your rights to a Licensed NFT of which you are the current rightful Licensee and which you acquired from a legitimate source, where proof of such purchase is recorded on the relevant blockchain.
We are constantly trying to improve our Services, so these Terms may need to change along with the Services. We reserve the right to change the Terms at any point in time, but if we do, we will bring it to your attention by placing a notice on the http://www.coinsavy.com website, by sending you an email, and/or by some other means.
If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes
Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.
The Service is an online platform on which an individual can Mint, purchase or offer to purchase, and sell or offer for sale unique non-fungible tokens (“NFTs”) and any non-digital products, services and/or benefits to be furnished by or on behalf of sellers in connection with the sale of such NFTs (“Off-Chain Benefits,” collectively with the NFTs, “Items”), implemented on the one or more blockchain platform networks then-utilized by Origin (the each, a “Blockchain Platform”) using smart contracts. You may only participate in the Minting, purchase, or sale of any Item by registering for an Account.
You also represent and warrant that you will comply with all applicable laws (e.g., local, state, federal and other laws) when using the Service.
“Coins Avy” may require you to provide additional information and documents in certain circumstances, such as at the request of any government authority, as any applicable law or regulation dictates, or to investigate a potential violation of these Terms. In such cases, Avy, in its sole discretion, may disable your Account and block your ability to access the Service until such additional information and documents are processed by Avy. If you do not provide complete and accurate information in response to such a request, Avy may refuse to restore your access to the Service.
Your access and use of the Service may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance, or repair of the Service or other actions that Avy, in its sole discretion, may elect to take.
We require all users to be at least 18 years old. If you are below 18 years but at least 13 years old, then you may only use Avy through a parent or guardian’s Account and with their approval and oversight. That account holder is responsible for your actions using the Account. It is prohibited to use our Service if you are under 13 years old. By creating an Account, you agree to:
The Licensed Rights granted to You hereunder shall automatically terminate and all rights shall return to Avy if you:
Avy retains the absolute right, but has not the obligation, to terminate the Account and remove the User Content of any user of the Service who violates or infringes our rights or those of any third party. Without limiting the foregoing, if you believe that your intellectual property has been used on the Service in a way that constitutes infringement, please provide us with the following information:
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL AVY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM THESE TERMS, THE SERVICE, ANY ITEMS, OR FOR ANY DAMAGES RELATED TO LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE AND EVEN IF ORIGIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SERVICE IS UNDERTAKEN BY YOU AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA RESULTING THEREFROM.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF COINS AVY ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS, YOUR ACCESS TO AND USE OF THE SERVICE, CONTENT (INCLUDING YOUR CONTENT), OR ANY ITEMS PURCHASED OR SOLD THROUGH THE SERVICE EXCEED THE GREATER OF (A) $100 OR (B) THE AMOUNT PAID TO COINS AVY BY YOU FOR THE SERVICE IN THE TRANSACTION OR INCIDENT THAT IS THE SUBJECT OF THE CLAIM.
In case any dispute arises in future then subject to the degree of disputes level, the Avy is free to solve the disputes either by way of arbitration method or by litigation method.
To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Avy and its Entities from and against all actual or alleged third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys’ fees, and expenses) and costs (including, without limitation, court costs, costs of settlement, and costs of or associated with pursuing indemnification and insurance), of every kind and nature whatsoever arising out of or related to these Terms or your use of the Service, whether known or unknown, foreseen, or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to
You agree to promptly notify Avy of any third-party Claims and cooperate with the Coins Avy Entities in defending such Claims. You further agree that the Coins Avy Entities shall have control of the defence or settlement of any third-party Claims. THIS INDEMNITY IS IN ADDITION TO, AND NOT IN LIEU OF, ANY OTHER INDEMNITIES SET FORTH IN A SEPARATE WRITTEN AGREEMENT BETWEEN YOU AND AVY.
If Avy becomes aware of any possible violations by you of these Terms, it reserves the right to investigate such violations. If, because of the investigation, Coins Avy believes that criminal activity may have occurred, Coins Avy reserves the right to refer the matter to, and to cooperate with, all applicable legal authorities. Avy is entitled, except to the extent prohibited by applicable law, to disclose any information or materials on or in the Service, including User Content, in Avy possession in connection with your use of the Service, to
We reserve the right in our sole discretion to modify, suspend, or discontinue the Service, or any features or parts thereof, whether temporarily or permanently, at any time with or without notice to you in our sole discretion. These Terms, and your access to and use of the Service, shall be governed by and construed and enforced in accordance with the laws of Australia, without regard to any conflict of law rules or principles that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court, shall be resolved in the High Courts of Australia. Notwithstanding anything contained in these Terms, we reserve the right, without notice and in our sole discretion, to terminate your right to access or use the Service at any time and for any or no reason, and you acknowledge and agree that we shall have no liability or obligation to you in such event and that you will not be entitled to a refund of any amounts that you have already paid to us, to the fullest extent permitted by applicable law. If any term, clause or provision of these Terms is held invalid or unenforceable, then that term, clause or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause, or provision of these Terms. Your relationship to Avy is that of an independent contractor, and neither party is an agent or partner of the other. These Terms, and any rights and licenses granted hereunder, may not be transferred, or assigned by you without the prior written consent of Avy. Avy failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Except as otherwise provided herein, these Terms are intended solely for the benefit of Avy and you and are not intended to confer third party beneficiary rights upon any other person or entity