METAGALLERY TERMS AND CONDITIONS
Last updated 01/12/2021
Metagallery is licensed to You (End-User) by Minty Networks, LLC (herein “Coincast”), located at 4080 McGinnis Ferry Road, Suite 903, Alpharetta, Georgia 30005, United States (hereinafter: Licensor), for use only under the terms of this License Agreement.
By using the Metagallery platform, You indicate that You agree to be bound by all of the terms and conditions of this License Agreement, and that You accept this License Agreement.
All rights not expressly granted to You are reserved.
1. THE PLATFORM
Metagallery (hereinafter: Platform) is a piece of software created to facilitate the minting, hosting, and trading of NFTs (non-fungible tokens). Metagallery may also, in some ways, derivative or not, indirect or not, and inadvertently or not, facilitate the transfer of Cryptocurrency or blockchain-related assets (Hereinafter, colloquially, “Cryptocurrency”, “Crypto” or “Assets”) from one wallet address to another.
The Platform is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if Your interactions would be subjected to such laws, You may not use this Platform. You may not use the Platform in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
2. SCOPE OF LICENSE
2.1 You are given a non-transferable, non-exclusive, non-sublicensable license to install and use the Licensed Platform on any compatible Products that You (End-User) own or control.
2.2 This license will also govern any updates of the Platform provided by Licensor that replace, repair, and/or supplement the first Platform, unless a separate license is provided for such update in which case the terms of that new license will govern.
2.3 You may not share or make the Platform available to third parties (unless with Coincast's prior written consent), sell, rent, lend, lease or otherwise redistribute the Platform.
2.4 You may not reverse engineer, translate, disassemble, integrate, decompile, integrate, remove, modify, combine, create derivative works or updates of, adapt, or attempt to derive the source code of the Platform, or any part thereof (except with Coincast's prior written consent).
2.5 You may not copy (excluding when expressly authorized by this license and the Usage Rules) or alter the Platform or portions thereof. You may create and store copies only on devices that You own or control for backup keeping under the terms of this license, the App Store Terms of Service, and any other terms and conditions that apply to the device or software used. You may not remove any intellectual property notices. You acknowledge that no unauthorized third parties may gain access to these copies at any time.
2.6 Violations of the obligations mentioned above, as well as the attempt of such infringement, may be subject to prosecution and damages.
2.7 Licensor reserves the right to modify the terms and conditions of licensing. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Services following the posting of any changes to this Agreement constitutes acceptance of those changes.
2.8 Nothing in this license should be interpreted to restrict third-party terms. When using the Platform, You must ensure that You comply with applicable third-party terms and conditions.
3. TECHNICAL REQUIREMENTS
3.1 Licensor attempts to keep the Platform updated so that it complies with modified/new versions of the firmware and new hardware. You are not granted rights to claim such an update.
3.2 You acknowledge that it is Your responsibility to confirm and determine that the app end-user device on which You intend to use the Platform satisfies the technical specifications mentioned above.
3.3 Licensor reserves the right to modify the technical specifications as it sees appropriate at any time.
4. MAINTENANCE AND SUPPORT
4.1 The Licensor is solely responsible for providing any maintenance and support services for this licensed Platform. You can reach the Licensor at firstname.lastname@example.org
5. USE OF DATA
By uploading non-private data, within the Platform, You agree to grant Coincast indefinite and universal rights to use said non-private data in commercial marketing, royalty-free.
In compliance with the U.S. Children’s Online Privacy Protection Act of 1998, Coincast does not knowingly request or solicit personal-identifying information from persons under the age of 13 without parental consent. If Coincast learns that it has collected personal information of this nature without respective parental consent, Coincast will immediately take steps towards removing said information, where possible, until it is fully removed, where possible. (Note: some data on blockchains may be permanent and un-editable by any entity, including Coincast)
Coincast offers W3aaS (Web3 as a Service), providing the service of interacting with web3 systems (e.g. Ethereum Smart Contracts) on a purchaser’s behalf. This service is paid for using third-party payment processors. Timely delivery of W3aaS is not guaranteed, and may take multiple business weeks in some cases. Coincast reserves the right to, at any time, and for any reason, not perform a W3aaS service order, and instead refund the purchaser. In the event of a refund, any third-party payment provider fees that were incurred will be considered a total loss. By using Coincast’s W3aaS services, You agree Coincast is not liable to compensate said lost fees, and shall be held harmless for any losses incurred. When paying for W3aaS, You will be billed for the Network Fees associated with the Web3 action at the time of checkout, due to the volatile nature of Network Fees, delivery of said Web3 action may be delayed or cancelled if network fees rise too high and make inclusion of the transaction on-chain unlikely. In the event that network fees drop at the time of W3aaS broadcasting, You agree to consider the difference as a total loss, and allow Coincast to keep the difference, as a de-facto processing fee. Coincast will not credit network fee differences to purchaser’s but will retain the difference. By using Coincast W3aaS services, You agree to allow Coincast to keep any excess or unused network fees.
Interacting with Web3 systems is inherently risky, and can lead to failed transactions or financial losses. Coincast will merely broadcast the data You tell Coincast to broadcast. Some transactions may “fail on chain”, where the desired action may not be performed on chain at all, while the fees are still totally lost to Network Fees and Coincast W3aaS Fees. Some transactions may also result in financial loss. You agree to hold Coincast harmless for any losses incurred from the broadcasting of transactions and/or from failed transactions. You agree to not redact payment from Coincast, regardless of how the on-chain operation performs, so long as Coincast did indeed broadcast said transaction and it was later included in the respective blockchain.
Any transactions You broadcast through W3aaS are Your own transactions and You are fully responsible for the integrity and validity of their data as well as the outcomes resulting from their broadcasting. You are responsible for ensuring the proper amount of Network Fee was used for Your transaction. Coincast is merely a middleman facilitator broadcasting on Your behalf. You agree to fully indemnify, hold harmless and defend Coincast and its directors, officers, employees, agents, stockholders and Affiliates from and against all claims, demands, actions, suits, damages, liabilities, losses, settlements, judgments, costs and expenses (including but not limited to
reasonable attorney’s fees and costs), whether or not involving a third-party claim, which arise out of or relate to the transactions which Coincast broadcasts on Your behalf.
8. FEES, VALUES, AND TAXES
8.1 Fees. The Platform has fees built in to every transaction and the blockchain on which it operates, Ethereum, also has fees built in to every transaction. It is important you understand these fees.
When minting an NFT on the Platform there is a one time “Minting Fee”, price may vary. Any time an NFT is bought/sold, 3% of the proceeds goes to Metagallery as a Processing Fee and a variable amount of the proceeds go to the creator of the NFT as an Original Minters Fee. Naturally, if you are selling an NFT for a price, the amount you receive in the event of a sale will be reduced due to these fees.
Whenever a transaction or event occurs on the Platform, it processes through the Etheruem Blockchain, which has its own Network Fees. Transactions and Events may sometimes fail due to various circumstances. When a failure happens, the network fees associated with the transaction or event are often still spent and lost.
All blockchain transaction and event prices in The Platform are handled in the native Ethereum currency, and, while exchange rates to fiat currencies may exist and be displayed, these blockchain transactions and events will always be carried out in the native Ethereum cryptocurrency. Any fiat exchange rates are meant to be used as a guide at the time of a value being entered, and should not expect to be maintained by the time a blockchain transaction or event occurs.
You are fully responsible for understanding the value of transactions you are making or listings you are making, along with any fees that may be associated and deducted, and any losses that may be incurred in the event of a transaction failure. Transactions are not guaranteed to succeed, perform blockchain transactions at your own risk. You agree to fully indemnify, hold harmless and defend Coincast and its directors, officers, employees, agents, stockholders and Affiliates from and against all claims, demands, actions, suits, damages, liabilities, losses, settlements, judgments, costs and expenses (including but not limited to
reasonable attorney’s fees and costs), whether or not involving a third-party claim, which arise out of or relate to the transactions and actions you take on the Platform. You agree to fully indemnify, hold harmless and defend Coincast and its directors, officers, employees, agents, stockholders and Affiliates from and against all claims, demands, actions, suits, damages, liabilities, losses, settlements, judgments, costs and expenses (including but not limited to
reasonable attorney’s fees and costs), whether or not involving a third-party claim, which arise out of a transaction failure on the Etheruem Blockchain.
8.2 Taxes. You are solely responsible, as required by applicable law, for identifying, filing, and paying all taxes and/or other government fees or subsequent charges that are imposed on you, by relevant governments, for events taken by you on the Platform.
9.1 Licensor takes no accountability or responsibility for any damages caused due to a breach of duties according to Section 2 of this Agreement. To avoid data loss, You are required to make use of backup functions of the Platform to the extent allowed by applicable third-party terms and conditions of use. You are aware that in case of alterations or manipulations of the Platform, You will not have access to licensed Platform.
9.2 Access to your blockchain wallets, and their assets, are tied strictly to your private keys, which Coincast does not have access to. You are fully responsible for backing up your private keys in a secure manner and agree to hold Coincast harmless for any losses associated with the loss of your wallets’ private keys.
9.3 Access to Your NFTs is strictly tied to the Coincast wallet provided upon signing up for use of the Platform’s services. In the event that You change Your Coincast wallet, You will lose access to Your NFTs. If You change Your Coincast wallet, You agree to hold Coincast harmless for any losses.
9.4 NFTs are volatile in terms of rapid price changes, both in the positive and negative directions. Metagallery is not a platform for investing. Should a delay occur in the minting of or transferring ownership of Your NFT, You agree to hold Coincast harmless for any losses.
9.5 Withdrawing Assets from Metagallery requires access to Your Coincast Account. Misplacing or forgetting Your Coincast PIN could cause You to lose access to Your Coincast Account forever. By using Metagallery, You agree to hold Coincast harmless for any loss of Assets if You forget or misplace Your PIN.
9.6 Coincast uses third party exchange rate APIs. Any exchange rates displayed within the Platform are merely reflective of a third party’s API and should not be taken to be the true exchange-rate value of any assets. You agree to hold Coincast harmless for any losses that incur from the result of performing actions based on said (potentially erroneous) exchange rates.
9.7 Blockchains have fees associated with their use, sometimes the intended action may not be performed or may fail but the associated fees will still be charged in-part or in-full. You agree to hold Coincast harmless for any losses incurred from blockchain fees, regardless of if the intended action was performed on-chain or not.
9.8 Coincast allows users to interact with Blockchains, Smart Contracts, decentralized platforms, and third party platforms. These interactions are inherently risky and can lead to financial loss through bugs, failures, glitches, or even expected behavior. You agree to assume this risk yourself and hold Coincast harmless for any losses incurred.
9.9 Metagallery reserves the right to stop hosting the metadata of any NFTs, for any reason, at any time. This may include NFTs You’ve minted or own, which may impact their value and re-sell-ability. You agree to hold Coincast harmless for any losses incurred in the event of the un-hosting or censoring of NFT metadata. Please refer to our Content Policy for additional details.
10.1 Licensor warrants that the Platform is free of spyware, trojan horses, viruses, or any other malware at the time of Your download. Licensor warrants that the Platform works as described in the user documentation.
10.2 No warranty is provided for the Platform that is not executable on the device, that has been unauthorizedly modified, handled inappropriately or culpably, combined or installed with inappropriate hardware or software, used with inappropriate accessories, regardless if by Yourself or by third parties, or if there are any other reasons outside of Coincast's sphere of influence that affect the executability of the Platform.
10.3 You are required to inspect the Platform immediately after installing it and notify Coincast about issues discovered without delay by e-mailing . The defect report will be taken into consideration and further investigated if it has been mailed within a period of ninety (90) days after discovery.
10.4 If we confirm that the Platform is defective, Coincast reserves a choice to remedy the situation either by means of solving the defect or substitute delivery.
10.5 In the event of any failure of the Platform to conform to any applicable warranty, You may notify the App-Store-Operator, and Your Platform purchase price will be refunded to You. To the maximum extent permitted by applicable law, the App-Store-Operator will have no other warranty obligation whatsoever with respect to the Platform, and any other losses, claims, damages, liabilities, expenses and costs attributable to any negligence to adhere to any warranty.
10.6 If the user is an entrepreneur, any claim based on faults expires after a statutory period of limitation amounting to twelve (12) months after the Platform was made available to the user. The statutory periods of limitation given by law apply for users who are consumers.
11. LEGAL COMPLIANCE
You represent and warrant that You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and that You are not listed on any U.S. Government list of prohibited or restricted parties.
12. CONTACT INFORMATION
For general inquiries, complaints, questions or claims concerning the licensed Platform, please contact:
Minty Networks, LLC
4080 McGinnis Ferry Road, Suite 903
Alpharetta, Georgia 30005
The license is valid until terminated by Coincast or by You. Your rights under this license will terminate automatically and without notice from Coincast if You fail to adhere to any term(s) of this license. Upon License termination, You shall stop all use of the Platform, and destroy all copies, full or partial, of the Platform.
14. APPLICABLE LAW
This license agreement is governed by the laws of the State of Georgia excluding its conflicts of law rules.
15.1 If any of the terms of this agreement should be or become invalid, the validity of the remaining provisions shall not be affected. Invalid terms will be replaced by valid ones formulated in a way that will achieve the primary purpose.
15.2 Collateral agreements, changes and amendments are only valid if laid down in writing. The preceding clause can only be waived in writing.