Terms of Service

<aside> 📅 Last Updated: August 22, 2024

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Please read these Terms of Service (the “Terms”) carefully because they govern your use of the website located at https://www.uncut.network (the “Site”), the platform on which users may mint or purchase nonfungible tokens (NFTs) (the “Uncut Platform”), the smart contract address 0x1dAD52A73DA5984aEA524C32e76d3C28f91e87af (the “Smart Contract”) and decentralized platform accessible via the Site and corresponding mobile application (“App”) offered by Uncut.fm Inc., a Delaware corporation (“Uncut”). To make these Terms easier to read, the Site, our services and App are collectively called the “Services.”

WHEN YOU AGREE TO THESE TERMS, YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND UNCUT THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 19 “DISPUTE RESOLUTION” BELOW FOR DETAILS REGARDING ARBITRATION. HOWEVER, IF YOU ARE A RESIDENT OF A JURISDICTION WHERE APPLICABLE LAW PROHIBITS ARBITRATION OF DISPUTES, THE AGREEMENT TO ARBITRATE IN SECTION 16 WILL NOT APPLY TO YOU BUT THE PROVISIONS OF SECTION 15 (GOVERNING LAW) WILL APPLY INSTEAD.

NFTs PURCHASED ON THE UNCUT PLATFORM ARE NON-RETURNABLE.

Agreement to Terms. By using our Services, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, do not use the Services. Notwithstanding the foregoing, the laws of some jurisdictions may limit or not permit certain provisions of this agreement, such as indemnification, the exclusion of certain warranties or the limitation of liability. In such a case, such provisions will apply only to the maximum extent permitted by the laws of such jurisdictions. Also, you may have additional legal rights in your jurisdiction, and nothing in these terms will prejudice such rights that you may have as a consumer of the Services under such applicable law.
Additional Terms and Policies. Your use of the Services is subject to additional terms and policies as may be posted on the Services from time to time and that will include the following
1. Privacy Policy. Please review our Privacy Policy, which also governs your use of the Services, for information on how we collect, use and share your information.
2. Certain Risks. Please review our Risks Associated with Limited Digital Assets Acquired on the Uncut Platform for information on risks associated with transacting with limited digital assets on the Uncut Platform.
3. Creator Terms and Purchaser Terms. If you are a Creator or a Purchaser (as each is defined below), you will be subject to the Creator Terms (as defined below) or Purchaser Terms, as applicable.
4. Uncut Programs. Your participation in certain Uncut programs (e.g., promotions, contests, etc.) will be subject to additional terms and conditions specific to such programs.
Changes to these Terms or the Services. We may update the Terms from time to time in our sole discretion. If we do, we’ll let you know by posting the updated Terms on the Site, to the App and/or may also send other communications. It’s important that you review the Terms whenever we update them or you use the Services. If you continue to use the Services after we have posted updated Terms it means that you accept and agree to the changes. If you don’t agree to be bound by the changes, you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
Who May Use the Services? The Services are only available to users in certain jurisdictions who can use the Services as permitted under applicable law. The Services are not authorized for use in certain other jurisdictions in which the United States has embargoed goods or has otherwise applied any economic sanctions. Without limitation, you must be at least 18 years of age to use the Services. You may not attempt to access or use the Services if you are not permitted to do so.
1. Account Creation. For certain features of the Services you’ll need an account. To register an account, you must first successfully complete the sign-up process. It’s important that you provide us with accurate, complete and current account information and keep this information up to date. If you don’t, we might have to suspend or terminate your account. To protect your account, keep the account details and password confidential, and notify us right away of any unauthorized use. You’re responsible for all activities that occur under your account. You are only allowed to create one account and you agree you won’t share your account with anyone. You also agree that you will not: (i) create another account if we’ve disabled one you previously established, unless you have our prior written consent; (ii) buy, sell, rent or lease access to your account or username, unless you have our prior written consent; (iii) share your account password with anyone; or (iv) log in or try to log in to access the Service through unauthorized third party applications or clients.
2. Additional Information. Uncut may require you to provide additional information and documents at the request of any competent authority or in case of application of any applicable law or regulation, including laws related to anti-laundering (legalization) of incomes obtained by criminal means, or for counteracting financing of terrorism. Uncut may also require you to provide additional information and documents in cases where it has reasons to believe that: (i) your account is being used for money laundering or for any other illegal or unauthorized activity; (ii) you have concealed or reported false identification information and other details; or (iii) transactions effected via your account were effected in breach of these Terms. In each such case, Uncut, in its sole discretion, may disable (or terminate) your account until such additional information and documents are reviewed by Uncut and are accepted as satisfying the requirements of applicable law. If you do not provide complete and accurate information and documents in response to such a request, Uncut may refuse to provide the Services to you. We reserve the right to report any activity occurring using the Services to relevant tax authorities as required under applicable law. You are solely responsible for maintaining all relevant Tax (as defined below) records and complying with any reporting requirements you may have as related to our Services. You are further solely responsible for independently maintaining the accuracy of any record submitted to any tax authority including any information derived from the Services.
3. Digital Asset Rewards. You may receive NFTs or other digital assets in connection with your use of the Services. In order to receive digital asset rewards, you must first connect a third-party digital asset wallet or sign up for a non-custodial solution provided by Uncut. Such digital assets may be subject to additional terms and conditions, which you will be deemed to accept upon your receipt of such digital assets.
4. Right to Block Access. We reserve the right, at any time, in our sole discretion, to block access to the Services from certain IP addresses and unique device identifiers.
5. Equipment and Software. You must provide all equipment, connectivity, and software necessary to connect to the Service. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing the Service.
About the Services.
1. Parties. Our Services also allow creators (“Creators”) to distrubute, airdrop and sell certain non-fungible tokens (each, an “Creator Token”) to third party entities or persons (“Purchasers”) via the Uncut Platform. Uncut is not a party to any transaction between Creator and any Purchaser. Uncut does not control or vet content provided by Creators, nor does Uncut assume any responsibility for the accuracy or reliability of any information provided by Creators.
2. Our Role. You acknowledge and agree that the Creator Token and any associated utilities shall be programmed to enable you to take certain actions to claim utilities and/or be self-executing via a governing blockchain’s (e.g., Polygon, Ethereum, WAX and Solana) smart contract system and/or non-fungible token standard and Uncut has no control or ability to deliver such utilities to Creators or Purchasers.
3. Our Relationship. UNCUT IS A PLATFORM. WE ARE NOT A BROKER, FINANCIAL INSTITUTION, OR CREDITOR. THE SERVICE IS AN ADMINISTRATIVE PLATFORM ONLY. UNCUT FACILITATES TRANSACTIONS BETWEEN A BUYER AND SELLER BUT IS NOT A PARTY TO ANY AGREEMENT BETWEEN THE BUYER AND SELLER OF NFTS OR BETWEEN ANY USERS.
4. Terms for Creators.
  1. **Uncut Fee. We may require payment of a fee for use of certain features of the Services(“Uncut Fee”). We reserve the right to make any changes in the Uncut Fee at our sole discretion. Any increase in the Uncut Fee will be communicated to you at least 14 days before it comes into effect.
  2. Additional Obligations. By creating an account and minting a Creator Token, you will be subject to additional terms as set forth in the Creator Terms and Conditions and a Memorandum of Understanding between you and Uncut (collectively, the “Creators Terms”).
  3. Terms for Purchasers. Creator Token Fee. Each Creator may require a fee to purchase one of its Creator Tokens (“Creator Token Fee”). As a Purchaser, you are responsible for paying the Creator Token Fee directly to the Creator pursuant to any additional terms provided by such Creator in the Purchase Terms (defined below).
  4. Costs and Taxes. You are solely responsible for all costs incurred by you in using the Services and determining, collecting, reporting and paying all applicable Taxes. As used herein, “Taxes” means the taxes, duties, levies, tariffs, and other governmental charges that you may be required by law to collect and remit to governmental agencies, and other similar municipal, state, federal and national indirect or other withholding and personal or corporate income taxes.
    1. Restrictions on NFTs Transfers. If you elect to sell, purchase, or trade any NFTs, any financial transactions that you engage in will be conducted solely through the blockchain network governing such NFT and you will be required to make or receive payments exclusively through the cryptocurrency wallet you have connected to your account. We will have no insight into or control over these payments or transactions, nor do we have the ability to reverse any transactions. Accordingly, we will have no liability to you or to any third party for any claims or damages that may arise as a result of any transactions that you engage in via the Service.
    2. Fees & ArtX. By minting or buying an NFT on the Uncut Platform, you agree to pay all applicable fees in the form of ArtX and you authorize Uncut to automatically deduct ArtX from your account balance (including any transaction fees, or “Gas Fees”, as applicable) and payment processing fees directly from your payment. Gas fees fund the network of computers that run decentralized blockchain networks, meaning that you will need to pay a Gas Fee for each transaction that occurs via a blockchain network.
5. Disputes Between Creators and Purchasers. Uncut is not a party to any relationship between Creators and Purchasers or in the delivery of Creator Tokens and utilities. In the event that you have a dispute with any Creator or Purchaser, you agree to address such dispute directly with the Creator or Purchaser. If permitted in your jurisdiction, you release Uncut (and Uncut’s officers, directors, agents, investors, subsidiaries, and employees) (collectively “Releasees”) from, and covenant not to sue Releasees for any and all claims, demands, or damages (actual or consequential) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute.
6. Regulatory and Compliance Suspensions or Terminations. We may suspend or terminate your access to the Services at any time in connection with any transaction as required by applicable law, any governmental authority, or if we in our sole and reasonable discretion determine you are violating these Terms or the terms of any third-party service provider. Such suspension or termination shall not be constituted a breach of these Terms by Uncut. In accordance with its anti-money laundering, anti-terrorism, anti-fraud, and other compliance policies and practices, we may impose reasonable limitations and controls on the ability of you or any beneficiary to utilize the Services. Such limitations may include where good cause exists, rejecting transaction requests, freezing funds, or otherwise restricting you from using the Services.
Your Content; NFTs.
1. Posting Content. Our Services may allow you to store or share content such as text (in posts or communications with others), files, documents, graphics, images, music, software, audio and video. Anything (other than Feedback) that you post or otherwise make available through the Services is referred to as “User Content”. Uncut does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to your User Content.
2. Ownership. As a Creator, subject to and the rights of a purchaser of a Creator Token and the grant of rights as described below, you retain your ownership of any User Content you submit, post, or display using the Service. Uncut does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to your User Content.
3. Permissions to Your User Content. By making any User Content available through the Services you hereby grant to Uncut a non-exclusive, transferable, worldwide, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works based upon, distribute, synchronize, publicly display, and publicly perform your User Content in connection with operating and providing the Services.
4. NFT Terms. Any NFT that you purchase is governed entirely by the smart contract and the blockchain network governing such NFT. NFTs may be subject to additional terms directly between Creators and Purchasers, namely: (i) in any associated smart contract or (ii) as purchasers and sellers may agree otherwise (e.g., with respect to terms or benefits associated with a given NFT)((i) and (ii), collectively, “Purchase Terms”). Uncut is not a party to any Purchase Terms, which are solely between the Creator and the Purchaser. The Creator and Purchaser are entirely responsible for communicating, promulgating, agreeing to, and enforcing Purchase Terms.
5. NFT Ownership. When you purchase an NFT through the Service, you own all personal property rights to that NFT (i.e., the right to sell or otherwise dispose of that NFT). Such rights, however, do not include the ownership of the intellectual property rights in the User Content comprising the NFT (“NFT Content”). Unless specified otherwise in Purchase Terms, the Purchaser will have a worldwide, non-exclusive, non-transferable, royalty-free license to use, copy, and display the NFT Content associated with your purchased NFT), solely for the following purposes: (i) for your own personal, non-commercial use; (ii) attempts to sell or otherwise dispose of the NFT consistent with the ownership of it; and (iii) as part of a third party offering compatible with the purchased NFT in the normal course of the permitted end-use of such offering.
6. Creator Obligations. If you are a Creator, you hereby grant Uncut the right to use your name and image for marketing or promotional purposes, including but not limited to publicity about your NFT. If you are a Creator, you also grant to any purchaser the rights described in Section 6(e) above. As a Creator, you understand and agree that: (i) you are responsible for the accuracy and content of your NFTs; (ii) any NFT that violates any of Uncut’s policies or applicable law may be obfuscated or deleted by Uncut, in its sole discretion; (iii) you will not infringe or otherwise violate the intellectual property and other rights of others; and (iv) you will not coordinate with other Creator to engage in any activities that detract from the Service being an open and fair marketplace, such as manipulating pricing.
7. Authority. You represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein for any User Content that you submit, post or display on or through the Service, including but not limited to NFT Content. You agree that such User Content will not contain material subject to copyright or other proprietary rights, unless you have necessary permission or are otherwise legally entitled to post the material and to grant Uncut the license described above.
8. Your Responsibility for User Content. You are solely responsible for all your User Content. You represent and warrant that you have (and will have) all rights that are necessary to grant us the license rights in your User Content under these Terms. You represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by Uncut on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
9. Removal of User Content. You should know that in certain instances, some of your User Content (such as posts or comments you make) may not be completely removed and copies of your User Content may continue to exist on the Service. To the maximum extent permitted by law, we are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any User Content.
10. Uncut’s Intellectual Property. We may make available through the Services content that is subject to intellectual property rights. We retain all rights to that content.
11. Feedback. We appreciate feedback, comments, ideas, proposals and suggestions for improvements to the Services (“Feedback”). If you choose to submit Feedback, you agree that we are free to use it (and permit others to use it) without any restriction or compensation to you.
Rights and Terms for Apps.
1. App License. If you comply with these Terms, Uncut grants to you a limited non-exclusive, non-transferable license, with no right to sublicense, to download and install the App on your personal computers, mobile handsets, tablets, wearable devices, and/or other devices and to run the App solely for using the Services to post or fulfill Purchases as set forth herein. Except as expressly permitted in these Terms, you may not: (i) copy, modify or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the App (unless applicable law permits, despite this limitation); or (iv) make the functionality of the App available to multiple users through any means.
General Prohibitions. You agree not to do any of the following:
1. Post, upload, publish, submit or transmit any User Content that: (i)infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii)is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v)promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;
2. Use, display, mirror or frame the Services or any individual element within the Services, Uncut’s name, any Uncut trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Uncut’s express written consent;
3. Attempt to access or search the Services or download content from the Services using any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Uncut or other generally available third-party web browsers;
4. Use the Services, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
5. Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;
6. Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
7. ****Impersonate or misrepresent your affiliation with any person or entity;
8. Violate any applicable law or regulation; or
9. Encourage or enable any other individual to do any of the foregoing.
General Enforcement Rights.
1. Unlawful Content. Assets, listings, smart contracts, collections, and content (including User Content) that Uncut deems inappropriate, disruptive, or illegal are prohibited on Uncut. Uncut reserves the rights to determine the appropriateness of any content and listings on its site and remove any such content or listings at any time. If you create or offer an asset, listing, smart contract, collection, or User Content in violation of these policies, we will take corrective actions, as appropriate, including but not limited to removing the asset, listing, smart contract, collection, or User Content, deleting your Uncut Account, and permanently withholding any applicable referral payments or developer revenue sharing fees that you may be eligible for. Uncut cannot destroy or impound your assets or smart contracts, but we reserve the right to destroy inappropriate metadata stored on our servers.
2. Illegal Content. Assets, listings, smart contracts, collections, and User Content that include metadata, or which have a primary or substantial purpose in a game or application, that violates international or United States intellectual property laws, promotes suicide or self-harm, incites hate or violence against others, degrades or doxes another individual, depicts minors in sexually suggestive situations, or is otherwise illegal in the United States are prohibited on Uncut and will be removed.
3. Content Used for Unlawful Purposes. Assets, listings, smart contracts, collections, and User Content created or used primarily or substantially for the purpose of raising funds for known terrorist organizations listed on https://www.state.gov/foreign-terrorist-organizations/ are prohibited on Uncut and will be removed.
4. Stolen Content. The sale of stolen assets, assets taken without authorization, and otherwise illegally obtained assets on Uncut is prohibited. If you have reason to believe that an asset listed on Uncut was illegally obtained, please contact us immediately. Listing illegally obtained assets may result in your listings being cancelled, your assets being hidden, or your Account being suspended.
5. Reporting Content. If you become aware of the creation, listing, or buying of assets in violation of any of the terms specified in this Section, please contact us at [email protected] to report it. User Content creators bear special responsibility for informing Uncut of the existence of their collections, contracts, and assets that violate these terms.
6. No Obligation. Uncut is not obligated to monitor access to or use of the Services or to review or edit any content. However, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any content, including User Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider it objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
Copyright Policy. Uncut respects copyright law and expects its users to do the same. It is Uncut’s policy to terminate in appropriate circumstances account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
Uncut Intellectual Property. Unless otherwise indicated in writing by us, the Service and all content and other materials contained therein, including, without limitation, the Uncut logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, “Uncut Content”) are the proprietary property of Uncut or our affiliates, licensors or users, as applicable. You may not use any Uncut Content to link to the Service without our express written permission. You may not use framing techniques to enclose any Uncut Content without our express written consent.
1. Uncut and its licensors exclusively own all right, title and interest in and to the Service, including all associated intellectual property rights therein. You acknowledge that the Service is protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Service.
2. References to any other products, services, processes or other information by name, trademark, manufacturer, supplier or otherwise on the Service does not constitute or imply endorsement, sponsorship or recommendation by Uncut.
Links to Third Party Websites or Resources. The Services may allow you to access third-party websites or other resources. We provide access only as a convenience and are not responsible for the content, products or services on or available from those resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party resources.
Termination. We may suspend or terminate your access to and use of the Services, including suspending access to or terminating your account, at our sole discretion, at any time and without notice to you. You may cancel your account at any time by sending us an email at [email protected]. Upon any termination, discontinuation or cancellation of the Services or your account, the following Sections will survive: 5(d) (only for payments due and owing to Uncut prior to the termination), 5(f), 6(b), 6(h), 6(j), 8, 9, 11,12, 13, 16, 17, 18, 19,20, 19, 20, and 21.
Disclaimers.
1. EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY UNCUT, THE SERVICE, Uncut CONTENT CONTAINED THEREIN, AND ANY NFTS OR OTHER CRYPTOCURRENCY ASSETS LISTED THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. Uncut (AND ITS SUPPLIERS) MAKE NO WARRANTY THAT THE SERVICE: (I) WILL MEET YOUR REQUIREMENTS; (II) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (III) WILL BE ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE. UNCUT DISCLAIMS ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AS TO THE SERVICE, Uncut CONTENT CONTAINED THEREIN AND ANY NFTS OR OTHER CRYPTOCURRENCY ASSETS LISTED THEREIN.
2. UNCUT DOES NOT REPRESENT OR WARRANT THAT Uncut CONTENT ON THE SERVICE IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. WE 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 UNCUT ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE SERVICE AND Uncut CONTENT SAFE, Uncut CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICE, UNCUT CONTENT, ANY NFTS OR OTHER CRYPTOCURRENCY ASSETS LISTED THEREIN, OR OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE CANNOT GUARANTEE THE SECURITY OF ANY DATA THAT YOU DISCLOSE ONLINE. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND WILL NOT HOLD US RESPONSIBLE FOR ANY BREACH OF SECURITY UNLESS IT IS DUE TO OUR GROSS NEGLIGENCE.
3. WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS AND TAKE NO RESPONSIBILITY FOR, AND WILL NOT BE LIABLE TO YOU FOR, ANY USE OF NFTS, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (I) USER ERROR SUCH AS FORGOTTEN PASSWORDS, INCORRECTLY CONSTRUCTED TRANSACTIONS, OR MISTYPED ADDRESSES; (II) SERVER FAILURE OR DATA LOSS; (III) CORRUPTED CRYPTOCURRENCY WALLET FILES; (IV) UNAUTHORIZED ACCESS TO APPLICATIONS; OR (V) ANY UNAUTHORIZED THIRD PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION THE USE OF VIRUSES, PHISHING, BRUTE FORCING OR OTHER MEANS OF ATTACK AGAINST THE SERVICE OR CRYPTO ASSETS.
4. NFTS ARE INTANGIBLE DIGITAL ASSETS. THEY EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED IN THE APPLICABLE BLOCKCHAIN NETWORK. ANY TRANSFER OF TITLE THAT MIGHT OCCUR IN ANY UNIQUE DIGITAL ASSET OCCURS ON THE DECENTRALIZED LEDGER WITHIN SUCH BLOCKCHAIN NETWORK. WE DO NOT GUARANTEE THAT Uncut OR ANY Uncut PARTY CAN EFFECT THE TRANSFER OF TITLE OR RIGHT IN ANY NFTS.
5. YOU BEAR FULL RESPONSIBILITY FOR VERIFYING THE IDENTITY, LEGITIMACY, AND AUTHENTICITY OF ASSETS YOU PURCHASE ON UNCUT. NOTWITHSTANDING INDICATORS AND MESSAGES THAT SUGGEST VERIFICATION, Uncut MAKES NO CLAIMS ABOUT THE IDENTITY, LEGITIMACY, OR AUTHENTICITY OF ASSETS ON THE UNCUT PLATFORM.
6. Uncut is not responsible for sustained casualties due to vulnerability or any kind of failure, abnormal behavior of software (e.g., wallet, smart contract), blockchains or any other features of the NFTs. Uncut is not responsible for casualties due to late report by developers or representatives (or no report at all) of any issues with the blockchain supporting NFTs, including forks, technical node issues or any other issues having fund losses as a result.
7. Nothing in these Terms shall exclude or limit liability of either party for fraud, violation of laws, or any other activity that cannot be limited or excluded by legitimate means.
8. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN CONTRACTS WITH CONSUMERS, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Assumption of Risk. You accept and acknowledge:
1. The prices and liquidity of cryptocurrency assets (including Creator Tokens and any NFTs) are extremely volatile. Fluctuations in the price of other digital assets could materially and adversely affect Creator Tokens and the NFTs made available through the Service, which may also be subject to significant price volatility. We cannot guarantee that any purchasers of Creator Tokens and/or NFTs will not lose money.
2. You are solely responsible for determining what, if any, taxes apply to your transactions through the Service. Neither Uncut nor any other Uncut Party is responsible for determining the taxes that apply to such transactions.
3. Our Service does not store, send, or receive cryptocurrency assets. This is because cryptocurrency assets exist only by virtue of the ownership record maintained on its supporting blockchain. Any transfer of cryptocurrency assets occurs within the supporting blockchain and not on the Service. Transactions in NFTs may be irreversible, and, accordingly, losses due to fraudulent or accidental transactions may not be recoverable. Some transactions in NFTs 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.
4. There are risks associated with using an Internet based currency, including but not limited to, the risk of hardware, software and Internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to information stored within your wallet. You accept and acknowledge that Uncut will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the Service for transactions, however caused.
5. 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 or value of a certain NFT.
6. The regulatory regime governing blockchain technologies, cryptocurrencies, and tokens is uncertain, and new regulations or policies may materially adversely affect the development of the Service and the utility of Creator Tokens and NFTs.
7. The Service may rely on third-party platforms to perform transactions with respect to any cryptocurrency assets. If we are unable to maintain a good relationship with such platform providers; if the terms and conditions or pricing of such platform providers change; if we violate or cannot comply with the terms and conditions of such platforms; or if any of such platforms loses market share or falls out of favor or is unavailable for a prolonged period of time, access to and use of the Service will suffer.
8. There are risks associated with purchasing user generated content, including but not limited to, the risk of purchasing counterfeit assets, mislabeled assets, assets that are vulnerable to metadata decay, assets on smart contracts with bugs, and assets that may become untransferable. Uncut reserves the right to hide collections, contracts, and assets affected by any of these issues or by other issues. Assets you purchase may become inaccessible on Uncut. Under no circumstances shall the inability to view your assets on Uncut serve as grounds for a claim against Uncut.