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Terms & Conditions

This is the privacy notice from WOW. In this document, “we”, “our”, or “us” refers to WOW.

1. Introduction

Welcome to the Elevate Media Ventures Limited Marketplace Platform, owned and operated by Elevate Media Ventures Limited (“Elevate Media Ventures Limited”, “we”, “us” or “our”). These terms and conditions (these “Terms”) set out the terms on which we offer you access to and use of the The Wolf Of Wall Street NFT Marketplace Platform. You hereby confirm that you understand and agree to comply with these Terms, together with any documents that may be expressly referred to and are incorporated by reference herein, including, but not limited to, the NFT Sales Terms and Conditions (the “NFT Sales Terms”) of any individual NFT (if applicable).

These Terms constitute a legal agreement between you and Elevate Media Ventures Limited and govern your access to and use of the The Wolf Of Wall Street NFT Marketplace Platform on which users may post or purchase NFTs (the “The Wolf Of Wall Street NFT Marketplace Platform”). The “Services” includes, without limitation, using the The Wolf Of Wall Street NFT Marketplace Platform to view, explore, and create NFT’s, post or purchase NFTs, and connect directly with others to purchase, sell, or transfer NFT’s on our closed blockchain.  References to “you” or “your” mean you as an individual user of the The Wolf Of Wall Street NFT  Marketplace Platform.

THE The Wolf Of Wall Street NFT Marketplace Platform IS A PLATFORM. WE ARE NOT A BROKER, FINANCIAL INSTITUTION, OR CREDITOR. THE SERVICES ARE AN ADMINISTRATIVE PLATFORM ONLY. THE The Wolf Of Wall Street NFT MARKETPLACE PLATFORM FACILITATES TRANSACTIONS BETWEEN THE BUYER AND SELLER BUT IS NOT A PARTY TO ANY AGREEMENT BETWEEN THE BUYER AND SELLER OF NFTs OR BETWEEN ANY USERS.

Elevate Media Ventures Limited reserves the right to change or modify these Terms at any time and at our sole discretion. Any changes to or modifications of these Terms will be in effect as of the “Last Updated Date” referred to at the top of this page. You should review these Terms before using the The Wolf Of Wall Street NFT Marketplace Platform or any Services available thereunder. 

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 Services and/or through other means of communication. It is important that you review the terms whenever we update them. You agree and understand that by accessing or using the The Wolf Of Wall Street NFT Marketplace Platform after the “Last Updated Date” and following any change to these Terms, you are regarded as having accepted and agreed to the revised Terms. 

By using the The Wolf Of Wall Street NFT Marketplace Platform, you affirm that you are of legal age to enter into these Terms, and you accept and are bound by these Terms. You affirm that if you are using the The Wolf Of Wall Street NFT Marketplace Platform on behalf of an organisation or company, you have the legal authority to bind any such organisation or company to these Terms.

You may not use the The Wolf Of Wall Street NFT Marketplace Platform if you: (i) do not agree to these Terms; (ii) are not of the age of majority in your jurisdiction of residence; or (iii) are prohibited from accessing or using the The Wolf Of Wall Street NFT Marketplace Platform or any of its contents, products or services by applicable law.

Notwithstanding the foregoing, the laws of some jurisdictions may limit or not permit certain provisions of these Terms, 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. 

When you agree to these Terms, you also agree to our Privacy Policy, incorporated herein by reference.

2. Binding Arbitration. 

WHEN YOU AGREE TO THESE TERMS, YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND ELEVATE MEDIA VENTURES LIMITED THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 30 (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 30 WILL NOT APPLY TO YOU BUT THE PROVISIONS OF SECTION 29 (GOVERNING LAW AND JURISDICTION) WILL APPLY INSTEAD.

3. Definitions

In these Terms, the following capitalised terms will have the following meanings: 

“Art” means any creation, artwork, design, and/or drawings (in any form or media, including, but not limited to, video or photographs) that may be associated with an NFT that you Own.

“NFT” means a unique non-fungible token, implemented on the Aventus blockchain using smart contracts and offered for auction, sale, or trade on the The Wolf Of Wall Street NFT Marketplace Platform. 

“Own” means, with respect to an NFT, an NFT that you have purchased or otherwise rightfully acquired from a legitimate source in accordance with the NFT Sales Terms, where proof of such purchase is recorded on the Aventus blockchain network.

“Purchased NFT” means an NFT that you Own.

“Purchaser” means the buyer of an NFT in a transaction conducted on the The Wolf Of Wall Street NFT Marketplace Platform.

“Seller” means the seller of a Purchased NFT in a transaction conducted on the The Wolf Of Wall Street NFT Marketplace Platform.

“Third Party IP” means any third-party intellectual property or intellectual property rights, including, but not limited to, patents, patent applications and disclosures, copyrights, trade secrets, trademarks, know-how or any other intellectual property rights recognised in any country or jurisdiction in the world.

“The Wolf Of Wall Street NFT Marketplace Platform” means this website and its media channels (together with its contents, all sub-websites and all sub-media channels).

4. Important Things to Know About the Services 

To use our Services you must use a third-party Wallet (“Wallet”) which allows you to engage in transactions on blockchains.  NFT’s are non-returnable and non refundable. NFT’s PURCHASED ON THE THE WOLF OF WALL STREET NFT MARKETPLACE PLATFORM ARE NON-RETURNABLE AND NON-REFUNDABLE. Eligibility

Elevate Media Ventures Limited retains the sole and absolute discretion to allow or disallow your access to the The Wolf Of Wall Street NFT Marketplace Platform. 

By agreeing to these Terms, you represent and warrant that: 

  1. You have the full right, power, and authority to agree to these Terms;
  2. You are not subject to any financial sanctions, embargoes or other restrictive measures imposed by the United Nations, the European Union (EU), any EU country, the UK Treasury or the US Office of Foreign Assets Control (OFAC), or any governmental authority in any jurisdiction in which the The Wolf Of Wall Street NFT  Marketplace Platform is available (collectively, “Sanctions”);
  3.  You are not impersonating any other person;
  4. You will not use the The Wolf Of Wall Street NFT Marketplace Platform if any applicable laws in your country of residence prohibit you from doing so in accordance with these Terms;
  5. You have a cryptocurrency Wallet capable of supporting and accepting an NFT; and
  6. You are compliant with all applicable laws, rules and regulations to which you are subject.

5. Our Services 

5.1. Your Wallet. 

By using your Wallet in connection with the Services, you agree that you are using that Wallet under the terms and conditions of the applicable provider of the Wallet. We do not operate or maintain any Wallets, we are not affiliated with any Wallet, and we do not have custody or control over the contents of your Wallet.  We have no ability to retrieve or transfer its contents. We accept no responsibility for, or liability to you, in connection with your use of a Wallet, and we make no representations or warranties regarding how the Services will operate with any specific Wallet. You are solely responsible for keeping your Wallet secure and you should never share your Wallet credentials or seed phrase with anyone. If you discover an issue related to your Wallet, please contact your Wallet provider. You are solely responsible for your Wallet, and we are not liable for any acts or omissions by you in connection with your Wallet or as a result of your Wallet being compromised

5.2. Equipment 

You must provide all equipment, connectivity, and software necessary to connect to the Services. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing the Service

5.3. Interruption to the Services 

Your access and use of the Services 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 Services or other actions that we, in our sole discretion, may elect to take. You acknowledge and agree that your use of the internet and all access to and use of the Services is solely at your own risk.

6. Account Set-up and Security

6.1. Account Registration

Like much of web3, your blockchain address functions as your identity on the Services. Accordingly, you will need a blockchain address and a Wallet to access the Services. You must also create an account (“Account”) to use the The Wolf Of Wall Street NFT Marketplace Platform. To create an Account, we will require you to provide certain registration information about yourself, and we may, in our sole discretion, The Wolf Of Wall Street NFT require you to provide further information and/or documents at any stage during your use of the The Wolf Of Wall Street NFT Marketplace Platform. By creating an Account, you agree to provide accurate, current and complete registration information about yourself and to maintain and promptly update your account information as necessary. We may, in our sole discretion, refuse, decline, suspend or disable your access to or use of the The Wolf Of Wall Street NFT Marketplace Platform or your Account, and we reserve the right to reclaim usernames without liability to you.

6.2. Account Security

You are responsible for the security of your Account and your electronic Wallet, and you agree to accept responsibility for all activities that occur under your Account. You must not: (i) create another Account if we have disabled one you previously established unless you have our prior written consent; (ii) buy, sell, rent, or lease access to your Account unless you have our prior written consent (iii) share your login information or other security related information with any other person or allow any other person access to your Account; or (iv) login or try to log in to access the Services through unauthorized third party applications or clients. Your Account will be associated with your linked blockchain address and display the NFT’s  associated with your linked blockchain address (and, if applicable, any content associated with such NFT’s). We are not liable for any acts or omissions by you in connection with your Account or as a result of your Account being compromised. If you become aware of any unauthorized use of your password or of your Account, you agree to notify us immediately at [email protected]

6.3. Account Transactions

You can use your Wallet to purchase, store and engage in transactions. Transactions that take place on the The Wolf Of Wall Street NFT  Marketplace Platform are managed and confirmed by the Aventus blockchain network. You understand that your Aventus blockchain network public address will be made publicly visible whenever you engage in a transaction on the The Wolf Of Wall Street NFT Marketplace Platform. 

7. Purchase, Sale and Trade of NFTs

7.1. NFT Transactions.

The The Wolf Of Wall Street NFT Marketplace Platform allows you to sell, purchase, collect and showcase NFTs on the Aventus blockchain network. Such transactions will be governed by, and conducted in accordance with, the individual NFT Sales Terms applicable to each such transaction. Transaction Format. Transactions may occur in one of two formats: (a) a Fixed Price Sale; or (b) an Auction, each as described and defined below:

(a) Fixed Price Sales. You may enter into a fixed price sale transaction whereby the Seller of the NFT shall list such NFT for sale on the The Wolf Of Wall Street NFT Marketplace Platform at a fixed sale price and the Purchaser may enter into a legally binding agreement to purchase such NFT by committing to buy the NFT at the specified sale price, which offer from the Purchaser to buy the NFT is accepted by the Seller (a “Fixed Price Sale”).

(b) Auctions. You may enter into an auction transaction whereby the Seller of the NFT shall list such NFT for sale on the The Wolf Of Wall Street NFT Marketplace Platform via an auction process as described in Section 8.6  (an “Auction” and, together with a Fixed Price Sale, each a “Sale”). 

In connection with a Sale of an NFT, whether by Fixed Price Sale or Auction, the Seller may set (a) the price of the NFT in any amount in United States Dollars (USD), or any other currencies (whether fiat currency or cryptocurrency) as available on the The Wolf Of Wall Street NFT  Marketplace Platform and (b) the number of days for which the Fixed Price Sale offer or the Auction for the NFT will remain open (the “Sales Period”). In the event that there is no successful Purchaser of the NFT within the Sales Period set by the seller, the NFT will remain unsold and the Sale will be closed at 10p.m. UTC (unless otherwise notified on the The Wolf Of Wall Street NFT  Marketplace Platform) on the last day of the Sales Period.

7.2. NFT Sales Terms 

Any NFT that is purchased is governed entirely by the smart contract and the blockchain network governing such NFT. NFTs may be subject to additional terms such as (1) those in any associated smart contract or (2) those the purchasers and sellers may agree (e.g., with respect to terms or benefits associated with a given NFT) (collectively, the “Purchase Terms”). We are not a party to any Purchase Terms, which are solely between the seller and the purchaser. The seller and the purchaser are entirely responsible for communicating, promulgating, agreeing to, and enforcing Purchase Terms. We disclaim all liability arising from disputes over the Purchase Terms.

7.3. Seller Obligations 

If you are a seller of an NFT, you hereby grant us 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 seller, you also grant to any purchaser the rights described in these Terms. 

7.4. Listing

In the event that you list an NFT in a Sale on the The Wolf Of Wall Street NFT Marketplace Platform, you acknowledge and agree that: 

  1. you must only list an NFT that you Own; 
  2. your listing must be accurate, current, complete and include all the relevant information on the relevant NFT;
  3. you will not infringe or otherwise violate the intellectual property and other rights of others;
  4. your listing must not be misleading (including through the omission of any material information with respect to the NFT listed for Sale);
  5. you will not coordinate with other purchasers to engage in any activities that detract from the Services being an open and fair marketplace, such as manipulating pricing; and
  6. you acknowledge and accept that any sale of such NFT will be final and that you will not be able to cancel the same or retain ownership in such NFT following the completion of the Sale transaction with respect to the relevant NFT.

7.5. Auction Terms

Once initiated, an auction occurring on the The Wolf Of Wall Street NFT Marketplace Platform will last for the entirety of the sales period (“Sales Period”), and the Auction cannot be stopped, amended, modified, cancelled or undone upon the commencement of the Sales Period. The Seller also may set a starting price at which bidding shall commence. Provided that such starting price is met by a bidder, the relevant NFT will be sold to the highest successful bidder upon the conclusion of the Sales Period. If no starting price is set by the Seller, then the NFT will be sold to the highest bidder upon the conclusion of the Sales Period no matter what the bid is. Bids placed during an Auction are irrevocable and conditional upon a bidder maintaining a successful Account. 

Auction participants are generally forbidden from engaging in any deceptive conduct that may prevent competitive or fair bidding, artificially inflate or deflate the price of an NFT, simulate demand for an NFT (i.e., “wash trading”), or any other anti competitive bidding conduct, including but not limited to “puffing”, “chill bidding”, “shill bidding”, “sham bidding”, or “sock puppet bidding”. Sellers are expressly forbidden from bidding or purchasing their own NFTs that have been listed in an Auction, especially for the purpose of artificially influencing the price of such NFT. 

You acknowledge and agree to assume the risk of initiating or participating in an Auction and take full responsibility and liability for the outcome of any Auction that you participate in. We shall not be liable to you or any third-party for the outcome of any Auction. 

7.6. Financial Transactions on the The Wolf Of Wall Street NFT Marketplace Platform

Upon the acceptance of a Purchaser’s offer in a Fixed Price Sale or the conclusion of an Auction process, the total sale price for the Purchased NFT (along with all applicable taxes and fees) shall be payable by the relevant Purchaser in the relevant fiat currency or cryptocurrency as set forth by the Seller in the relevant NFT Sales Terms. Any payments or financial transactions that you engage in on the The Wolf Of Wall Street NFT Marketplace Platform:

  • in respect of fiat currency, will be intermediated by our authorised third-party payment services providers in accordance with their applicable terms of use; or
  • in respect of cryptocurrency, will be conducted solely through the Aventus blockchain network.

In either case, we have no control over these payments or transactions, nor do we have the ability to reverse any payments or transactions. We have no liability to you or to any third party for any claims or damages that may arise as a result of any payments or transactions that you engage in via the The Wolf Of Wall Street NFT Marketplace Platform, or any other payment or transactions that you conduct via the Aventus blockchain network. 

7.7. Transaction Fees

Every transaction on the The Wolf Of Wall Street NFT Marketplace Platform requires the payment of a transaction fee (each, a “Transaction Fee”). Except as otherwise expressly stated in these Terms and/or the NFT Sales Terms, you will be solely responsible to pay any Transaction Fee for any transaction entered into via the The Wolf Of Wall Street NFT Marketplace Platform.

8. Disputes Between Sellers and Purchasers and Release

8.1. Disputes.

We are not a party to any relationship between sellers and purchasers or in the delivery of NFT’s. In the event that you have a dispute with any seller or purchaser, you agree to address such dispute directly with the seller or purchaser. 

8.2. RELEASE.

If permitted in your jurisdiction, you release us (and our officers, directors, agents, investors, subsidiaries, employees, and successors) (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. YOU RELEASE RELEASEES FROM CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. IN ENTERING INTO THIS RELEASE, YOU EXPRESSLY WAIVE ANY PROTECTIONS (WHETHER STATUTORY OR OTHERWISE) THAT WOULD OTHERWISE LIMIT THE COVERAGE OF THIS RELEASE TO INCLUDE THOSE CLAIMS WHICH YOU MAY KNOW OR SUSPECT TO EXIST IN YOUR FAVOR AT THE TIME OF AGREEING TO THIS RELEASE.

9. Changes to the The Wolf Of Wall Street NFT Marketplace Platform 

We may, in our absolute and sole discretion, change, update, amend, remove, or discontinue any feature or functionality of the The Wolf Of Wall Street NFT Marketplace Platform, the Services rendered thereunder and the Content with respect thereto at any time without prior notice to you. By continuing to access or use the The Wolf Of Wall Street NFT Marketplace Platform following any such changes to the The Wolf Of Wall Street NFT Marketplace Platform, the Services or the Content taking effect, you will be deemed to have accepted and agreed to such updated The Wolf Of Wall Street NFT Marketplace Platform, Services and Content.

10. Your Use of the The Wolf Of Wall Street NFT Marketplace Platform and Conduct

10.1. Your Conduct

YOU AGREE THAT YOU ARE RESPONSIBLE FOR YOUR OWN CONDUCT WHILE ACCESSING OR USING THE The Wolf Of Wall Street NFT Marketplace Platform OR YOUR ACCOUNT, AND FOR ANY CONSEQUENCES THEREOF. YOU AGREE TO USE THE The Wolf Of Wall Street NFT Marketplace Platform OR YOUR ACCOUNT AT YOUR OWN RISK AND ONLY FOR PURPOSES THAT ARE LEGAL PROPER AND IN ACCORDANCE WITH THESE TERMS AND ANY APPLICABLE LAWS OR REGULATIONS. 

10.2. Terms of Use; Prohibited Activities

  1. use the The Wolf Of Wall Street NFT  Marketplace Platform or your Account to perform any unlawful activities that violate such applicable laws or regulations (including but not limited to money laundering, terrorism financing and/or fraudulent activities) or otherwise engage in any immoral activities;
  2. use the The Wolf Of Wall Street NFT  Marketplace Platform or your Account if you are not 18 years old (or the minimum age required in your jurisdiction of residence to use the The Wolf Of Wall Street NFT  Marketplace Platform), or are temporarily or indefinitely suspended from using the The Wolf Of Wall Street NFT  Marketplace Platform, or are a person with whom transactions are prohibited under economic or trade sanctions or embargoes;
  3. use the The Wolf Of Wall Street NFT  Marketplace Platform or your Account for any commercial use (for example, any business (whether paid or unpaid), advertising, or marketing purposes);
  4. use the The Wolf Of Wall Street NFT  Marketplace Platform or your Account to engage in any activity which operates to defraud Elevate Media Ventures Limited or to provide any false, inaccurate, or misleading information;
  5. use the The Wolf Of Wall Street NFT  Marketplace Platform or your Account without fully complying with all of our requests for additional information or documentation from you, which additional information or documentation shall be complete, truthful, accurate and reliable;
  6. use the The Wolf Of Wall Street NFT  Marketplace Platform or your Account to conduct electronic spamming or otherwise distribute any unsolicited or unauthorised advertising, promotional or marketing material, junk or chain messages;
  7. use the The Wolf Of Wall Street NFT  Marketplace Platform or your Account to upload content on the The Wolf Of Wall Street NFT  Marketplace Platform that contains or is infected with viruses, malicious codes, Trojan horses, is immoral or illegal or contains any other harmful or deleterious programmes or items of a destructive or deceptive nature;
  8. transfer your Account and the related login credentials to any other party without our prior written consent;
  9. modify or adapt, in whole or any part of, the The Wolf Of Wall Street NFT  Marketplace Platform into any other programme or application;
  10. disassemble, decompile, reverse-engineer or otherwise attempt to derive the source code, object code, underlying concepts, ideas and algorithms of the The Wolf Of Wall Street NFT  Marketplace Platform or any components thereof;
  11. use any robot, spider, crawler, scraper, script, deep link or other similar automated data gathering or extraction tool, program, algorithm or methodology to access, copy, modify or monitor the The Wolf Of Wall Street NFT  Marketplace Platform;
  12. use the The Wolf Of Wall Street NFT  Marketplace Platform or your Account in any manner that would cause you to infringe any content, copyright, trademark, patent, publicity, moral right, database or other intellectual property rights (collectively, the “Intellectual Property Rights”) that belong to or are licensed to us, our affiliates, or any third-party, and you undertake not to take or attempt to take any action, or claim ownership of any property, that infringes or would infringe upon our intellectual property interests;
  13. use the The Wolf Of Wall Street NFT  Marketplace Platform or your Account in a way that could damage, disable, impair or compromise the The Wolf Of Wall Street NFT  Marketplace Platform or interfere with other users or affect the reputation of Elevate Media Ventures Limited;
  14. take any action that imposes an unreasonable or disproportionately large burden or load on the Elevate Media Ventures Limited infrastructure (including, but without limitation to, our servers, networks, data centres and related or like equipment), nor will you detrimentally interfere with, intercept or expropriate any system, data or information belonging to other users of the The Wolf Of Wall Street NFT  Marketplace Platform;
  15. engage in any other activities deemed inappropriate by us or which are in contravention of these Terms, nor will you do anything on the The Wolf Of Wall Street NFT  Marketplace Platform that may be deemed objectionable to, or could harm the reputation or Intellectual Property Rights of, us or our licensors; 
  16. provide false, inaccurate, incomplete or misleading information to us or any of our affiliates or third-party services providers;
  17. create Accounts by automated means or under false or fraudulent pretences;
  18. impersonate another person (via the use of an email address or otherwise)
  19. use, employ, operate or create a computer program to simulate the human behaviour of a user (“Bots”), and or use, employ or operate such Bots or other similar forms of automation to engage in any activity or transaction on the The Wolf Of Wall Street NFT  Marketplace Platform;
  20. acquire NFTs through inappropriate or illegal means (including, but not limited to, through the use of a stolen credit card, or a payment mechanism that you do not have the right to use, or purchasing a NFT and then attempting to charge the cost back to your payment method while still maintaining ownership or control of the NFT or selling, swapping or giving away the NFT to someone else;
  21. purchase, sell or facilitate the purchase and sale of any user’s account(s) to other users or third parties for cash or cryptocurrency consideration outside of the The Wolf Of Wall Street NFT  Marketplace Platform;
  22. acquire NFTs through inappropriate or illegal means;
  23. breach our privacy or confidentiality or the privacy or confidentiality of any user of the The Wolf Of Wall Street NFT  Marketplace Platform;
  24. create nor register a security interest or encumbrance in or over any NFT;
  25. use the The Wolf Of Wall Street NFT  Marketplace Platform or your Account to engage in any lottery, bidding fee auctions, contests, sweepstakes, or other games of chance; 
  26. collect or store any personally identifiable information through the Services from other users of the Services without their express permission; and 
  27. assist another person, entity, contractual arrangement, algorithm or device to do anything prohibited in this section 11.2  above (each, a “Prohibited Activity” and collectively, the “Prohibited Activities”).

10.3. Legal Compliance

You are responsible for complying with all trade regulations and both foreign and domestic laws as it relates to your access to, and use of, the The Wolf Of Wall Street NFT  Marketplace Platform. You will not use the The Wolf Of Wall Street NFT  Marketplace Platform or your Account if (a) you are located in a country that is subject to Sanctions or that has been designated by any of the Sanctions authorities as a “terrorist supporting” country or (b) you have been listed on any Sanctions authority’s list of prohibited or restricted parties.

10.4. Stolen Content 

The sale of stolen NFT’s and NFT assets taken without authorization or otherwise illegally obtained on the Services is prohibited. If you have reason to believe that an NFT Asset was illegally obtained, please contact us immediately. Listing illegally obtained NFT assets may result in your listings being cancelled, your assets being hidden, or your Account being suspended.

10.5. No Obligation to Monitor 

We are not obligated to monitor access to or use of the Services or to review or edit any content posted by users (“User Content”) or NFT’s posted on the The Wolf Of Wall Street NFT  Marketplace Platform  (“NFT Content”) ( NFT Content together with User Content, the “Content”) or NFT;s. 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 or NFT assets 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.

10.6. Effect of Your Breach

If you engage in any of the Prohibited Activities or otherwise breach these Terms, we may, at our sole and absolute discretion, without notice or liability to you, and without limited any of our other rights or remedies at law or in equity, immediately suspend or terminate your user Account and/or delete your NFTs’ images and descriptions from the The Wolf Of Wall Street NFT  Marketplace Platform. If we delete your NFTs’ images and descriptions from the The Wolf Of Wall Street NFT  Marketplace Platform, such deletion will not affect your ownership rights in any NFTs that you already Own, but you will not receive a refund of any amounts you paid for such NFTs. 

NOTWITHSTANDING THE FOREGOING, HOWEVER, IF WE REASONABLY BELIEVE THAT YOU ARE ENGAGED IN ANY OF THE PROHIBITED ACTIVITIES SET FORTH IN THESE TERMS, IN ADDITION TO OUR RIGHT TO IMMEDIATELY SUSPEND OR TERMINATE YOUR USER ACCOUNT AND/OR DELETE YOUR NFTs IMAGES AND DESCRIPTIONS FROM THE The Wolf Of Wall Street NFT  Marketplace Platform, WE ALSO RESERVE THE RIGHT, AT OUR SOLE AND ABSOLUTE DISCRETION AND WITHOUT NOTICE OR LIABILITY TO YOU, TO TAKE ANY OR ALL OF THE FOLLOWING ACTIONS: (A) TO DEEM ANY TRANSACTION THAT TOOK PLACE VIA OR AS THE RESULT OF SUCH ACTIVITIES TO BE VOID AB INITIO; AND/OR (B) TO IMMEDIATELY CONFISCATE ANY NFTs THAT WERE PURCHASED OR ACQUIRED AS THE RESULT OF SUCH ACTIVITIES WITHOUT ANY LIABILITY TO YOU TO REIMBURSE OR REFUND YOU FOR SUCH CONFISCATED NFTs. 

11. Our Intellectual Property Rights 

Unless otherwise indicated by us, the site, all content (except to the extent that such content is user content), and all other materials contained therein, including, without limitation, the Elevate Media Ventures Limited The Wolf Of Wall Street NFT logo and all designs, text graphics, pictures, information, data, software, and files relating to the The Wolf Of Wall Street NFT  Marketplace Platform Content  (the “Elevate Media Ventures Limited Content”) are the proprietary property of Elevate Media Ventures Limited  or our affiliates, licensors, or users, as applicable. The Elevate Media Ventures Limited Content, including any product or service names, logos, or slogans relating thereto that may appear other than on the The Wolf Of Wall Street NFT  Marketplace Platform, is the proprietary property Elevate Media Ventures Limited and may not be copied, imitated or used, in whole or in part, without our prior written permission.

You agree that all right, title and interest (including all copyright, trademark, service marks, and other Intellectual Property Rights of any kind, whether registered or unregistered) in the Content, the The Wolf Of Wall Street NFT  Marketplace Platform and the Services rendered thereunder (whether present or future) belong to us, our affiliates or our licensors, as applicable.

You acknowledge and agree that we (or, as applicable, our licensors) own all legal right, title and interest in and to all other elements of the The Wolf Of Wall Street NFT  Marketplace Platform and all Intellectual Property Rights therein. You acknowledge that the The Wolf Of Wall Street NFT  Marketplace Platform and the Elevate Media Ventures Limited Content (collectively, the “Platform Materials”) are protected by copyright, trade dress, patent and trademark laws, international conventions, other relevant intellectual property and proprietary rights and applicable laws. All copyrights, trademarks, product names, and logos on the The Wolf Of Wall Street NFT  Marketplace Platform relating to and including the NFTs and Content, 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 owner of the applicable Intellectual Property right. 

Unless otherwise stated, you may not use any Content without our express written permission.

We reserve the right to suspend or terminate any Account that has actually or allegedly infringed upon any person’s Intellectual Property Rights.

12. Ownership

YOUR OWNERSHIP OF NFTs WILL ONLY BE RECOGNIZED BY US IF YOU HAVE PURCHASED OR OTHERWISE RIGHTFULLY ACQUIRED SUCH NFTs ON THE The Wolf Of Wall Street NFT  MARKETPLACE PLATFORM IN ACCORDANCE WITH THE NFT SALES TERMS.

12.1. Ownership of NFTs

Ownership of the NFT is mediated entirely by the Aventus blockchain network. When you purchase an NFT on the The Wolf Of Wall Street NFT  Marketplace Platform, you own the Purchased NFT, and you have the right to transfer, sell or give away your Purchased NFT. Upon such purchase, you will have a worldwide, perpetual, exclusive and transferable, license to use, copy, and display the Purchased NFT for so long as you own the NFT, solely for the following purposes: (a) for your own personal, non-commercial use; (b) as part of the The Wolf Of Wall Street NFT  Marketplace Platform that permits the purchase, sale and display of your NFT; (c) as part of a third-party website or application that permits the inclusion, involvement, storage, or participation of your NFT.

In owning an NFT, you understand that no intellectual property rights in the Artwork on the NFT are passed on to you from the Artist (including the ability to produce the Artwork commercially or create merchandise). Furthermore, by downloading the NFT content via The Wolf Of Wall Street NFT  Marketplace Platform, this does not give you any intellectual property rights in that Artwork. If you buy an NFT on the The Wolf Of Wall Street NFT  Marketplace Platform, (i) you do not acquire any intellectual property rights in the content, but instead you receive ownership (or title) of the NFT. You have the right to display the NFT and resell it; and, (ii) the original artist of the Artwork does not give up any copyright in the Artwork, meaning that you cannot prevent the original artist from using the Content for further commercial work; and

The transfer, sale, or give away of your purchased NFTs, may be performed by you only by using the The Wolf Of Wall Street NFT  Marketplace Platform.

12.2. No User License or Ownership of the Platform Materials

Except as expressly set forth herein, your use of the The Wolf Of Wall Street NFT  Marketplace Platform does not grant you ownership of or any other rights with respect to, any content, code, data, or other Platform Materials that you may access on or through the The Wolf Of Wall Street NFT  Marketplace Platform. We reserve all rights in and to the Platform Materials that are not expressly granted to you in these Terms.

12.3. Further User Ownership Acknowledgements

For the avoidance of doubt, you acknowledge and agree: (a) that your purchase of a NFT does not give you any rights or licenses in or to the Platform Materials (including, but not limited to, our copyright in and to the associated Art other than those expressly contained in these Terms; (b) that you do not have the right, except as otherwise set forth in these Terms, to reproduce, distribute or otherwise commercialise any elements of the Platform Materials (including, but not limited to, any Art) without our prior written consent in each case, which consent we may withhold in our sole and absolute discretion; and (c) that you will not apply for, register, or otherwise use or attempt to use any of our trademarks or service marks, or any confusingly similar marks, anywhere in the world without our prior written consent in each case, which consent we may withhold at our sole and absolute discretion. 

12.4. User License to Art

Subject to your continued compliance with these Terms, we grant you a worldwide, non-exclusive, non-transferable, royalty-free license to use, copy, and display the Art for your Purchased NFT, solely for the following purposes: (a) for your own personal, non-commercial use; (b) as part of a marketplace that permits the purchase and sale of your Purchased NFTs, provided that the marketplace cryptographically verifies each NFT owner’s rights to display the Art for their Purchased NFT to ensure that only the actual owner can display the Art; or (c) as part of a third-party website or application that permits the inclusion, involvement, or participation of your Purchased NFT, provided that the website/application cryptographically verifies each NFT owner’s rights to display the Art for their Purchased NFT to ensure that only the actual owner can display the Art, and provided further that the Art is no longer visible once the owner of the Purchased NFT leaves the website/application. 

12.5. Restrictions on Ownership

You agree that you may not, nor permit any third party to do or attempt to do any of the foregoing without our (or, as applicable, our licensors’) prior written consent in each case: (a) modify the Art for your Purchased NFT in any way, including, but not limited to, the shapes, designs, drawings, attributes, or colour schemes; (b) use the Art for your Purchased NFT to advertise, market, or sell any third-party product or service; (c) use the Art for your Purchased NFT in connection with images, videos, or other forms of media that depict hatred, intolerance, violence, cruelty, or anything else that could reasonably be found to constitute hate speech or otherwise infringe upon the rights of others; (d) use the Art for your Purchased NFT in movies, videos, or any other forms of media, except to the limited extent that such use is expressly permitted in these Terms or solely for your own personal, non-commercial use; (e) sell, distribute for commercial gain (including, but not limited to, giving away in the hopes of eventual commercial gain), or otherwise commercialise merchandise that includes, contains, or consists of the Art for your Purchased NFT; (f) attempt to trademark, copyright, or otherwise acquire additional Intellectual Property Rights in or to the Art for your Purchased NFT; or (g) otherwise utilise the Art for your Purchased NFT for your or any third party’s commercial benefit.

12.6. Third Party IP

NFTs purchased on the The Wolf Of Wall Street NFT  Marketplace Platform is a representation of the original work, and you therefore do not own the original work. If the Art associated with your Purchased NFT contains Third Party IP, you understand and agree as follows: (a) that you will not have the right to use such Third Party IP in any way except as incorporated in the Art, and subject to the license and restrictions contained herein; (b) that, depending on the nature of the license granted from the owner of the Third Party IP, we may need to (and we reserve every right to) pass through additional restrictions on your ability to use the Art; and (c) to the extent that we inform you of such additional restrictions in writing, you will be responsible for complying with all such restrictions from the date that you receive the notice, and that failure to do so will be deemed a breach of the license contained in this Section.

12.7. Other Terms of the License

The license granted in Section 13.4 above applies only to the extent that you continue to Own the applicable Purchased NFT. If at any time you sell, swap, donate, give away, transfer, or otherwise dispose of your Purchased NFT for any reason, the license granted in Section 13.4 will immediately expire with respect to that NFT without the requirement of notice, and you will have no further rights in or to the Art for that NFT. The restrictions in this Section 13 will survive the expiration or termination of these Terms.

13. Data Protection / Privacy

Our Privacy Policy describes the ways in which we collect, use, store, disclose and share your personal data and is hereby incorporated by reference into these Terms. By using the The Wolf Of Wall Street NFT  Marketplace Platform, you confirm that you have read and understood our Privacy Policy and you understand and agree to how we collect, use, store, disclose and share amongst ourselves your personal data and disclose such personal data to our authorised service providers and relevant third parties. We will only share your personal data in order to facilitate and administer your use of the The Wolf Of Wall Street NFT  Marketplace Platform or otherwise if required by law. We will manage and protect your personal data in accordance with all applicable data protection laws. For full and comprehensive information about when and why we collect your personal data, how we use it, the conditions under which we may disclose it and how we keep it secure, please refer to our Privacy Policy, which is accessible here.

We reserve the right at any time to satisfy our internal requirement as to your personal data (for example, by requesting relevant original documents) including for the purposes of preventing fraud and/or for anti-money laundering and counter-terrorist financing purposes.

Yu reserve the right to access, rectify, or request for erasure of your personal data (as the case may be). You may contact [email protected]

14. Limitation of Services / Termination / Account Closure 

14.1. You Terminate

You may terminate these Terms at any time by cancelling your Account and discontinuing your access to and us of the The Wolf Of Wall Street NFT  Marketplace Platform. If you cancel your Account, or otherwise terminate these Terms, you will not receive any refunds for any purchases that you might make on or through the The Wolf Of Wall Street NFT  Marketplace Platform (whether for NFTs or anything else). 

14.2. We Terminate

We reserve the right to, and you agree that we may, without notice and in our sole discretion, terminate these Terms and suspend and/or terminate your Account(s), disable your ability to use the Services in conjunction with buying/selling/ transferring NFTs available on the Aventus Blockchain,  and disable your access to, or use of, the The Wolf Of Wall Street NFT  Marketplace Platform, at any time and for any reason but in particular, if we suspect in our sole discretion that (i) your Account is being used for illegal activity; (ii) you have provided false or misleading information; (iii) you have engaged in fraudulent activity; (iv) you have engaged in activity in violation of these Terms; (v) you are in violation with any of our compliances policies and practices surrounding, anti-money laundering, anti- terrorism, and anti-fraud; and/or (vi) you have breached these Terms. You agree that any suspension or termination of your access to the The Wolf Of Wall Street NFT  Marketplace Platform may be without prior notice and that we will not be liable to you or to any third party for any such suspension or termination.  We cannot destroy or impound your assets or smart contracts, but we reserve the right to destroy inappropriate metadata stored on our servers. 

14.3. Other Remedies Available

If we terminate these Terms or suspend or terminate your Account and your access to, or use of, the The Wolf Of Wall Street NFT  Marketplace Platform due to your breach of these Terms or any suspected fraudulent, abusive, or illegal activity (including, but not limited to, if you engage in any Prohibited Activity), then termination of these Terms and suspension and/or termination of your Account will be in addition to any other remedies we may have at law or in equity. 

14.4. Referral to Governmental Authorities

We have the right, without provision of prior notice, to take appropriate legal action, including, but not limited to, referral to law enforcement or regulatory authorities, or notifying the harmed party of any illegal or unauthorised use of the The Wolf Of Wall Street NFT  Marketplace Platform. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of any user of the The Wolf Of Wall Street NFT  Marketplace Platform. 

14.5. Effect of Termination

Upon any termination or expiration of these Terms, whether by you or us, you may no longer have access to information that you have posted on the The Wolf Of Wall Street NFT  Marketplace Platform or that is related to your Account, and you acknowledge and agree that we will have no obligation to maintain any such information in our databases or to forward any such information to you or to any third party. Sections 4.2, 4.3, 9, 12, 13, 14, 15.3, 15.4, 15.5, 15.6, 17, and 19 through 30 will survive termination or expiration of these Terms for any reason. 

14.6. Waiver

YOU AGREE TO WAIVE AND HOLD US AND OUR PARENT, SUBSIDIARIES, AFFILIATES AND OUR AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS AND SUCCESSORS HARMLESS FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY US OR THE FOREGOING PARTIES RELATING TO ANY INVESTIGATION UNDERTAKEN BY EITHER US OR SUCH PARTIES OR BY LAW ENFORCEMENT AUTHORITIES.

15. 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.

16. Risks

16.1. Value and Volatility

You understand and agree that your access to, and use of, the The Wolf Of Wall Street NFT  Marketplace Platform is subject to certain risks including without limitation: 

  • The price and liquidity of collectible blockchain assets, including the NFTs, are extremely volatile and subjective and may be subject to fluctuations;
  • Collectible blockchain assets, including the NFTs, have no inherent or intrinsic value;
  • Fluctuations in the price of other digital assets could materially and adversely affect the value of your NFTs, which may also be subject to significant price volatility.;
  •  NFTs are not legal tender and are not backed by any government;
  • Transactions involving NFTs may be irreversible, and losses due to fraudulent or accidental transactions may not be recoverable, including accidental transactions whereby you provide wrong Wallet addresses;
  • The value of collectibles, including the NFTs, is inherently subjective, and factors occurring outside the The Wolf Of Wall Street NFT  Marketplace Platform ecosystem may materially impact the value and desirability of any particular NFT;
  • The value of NFTs may be derived from the continued willingness of market participants to exchange fiat currency or digital assets for NFTs, and therefore the value of NFTs is subject to the potential for permanent or total loss of value should the market for NFTs disappear; and
  • NFTs are subject to the risk of fraud, counterfeiting, cyberattacks and other technological difficulties which may prevent access to or use of your NFTs.

16.2. Cryptocurrency Risks

There are risks associated with using a cryptocurrency, 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 unauthorised access to information stored with your electronic Wallet. You acknowledge and accept that we will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the The Wolf Of Wall Street NFT  Marketplace Platform, the NFTs or the Aventus blockchain network, howsoever caused. 

16.3. Regulatory Uncertainty

The regulatory regime governing blockchain technologies, cryptocurrencies and tokens is uncertain, and new regulations or policies may materially adversely affect the development of the The Wolf Of Wall Street NFT  Marketplace Platform, and by extension, the use, transfer, value and potential utility of your NFTs. 

16.4. Payment Services Provider Risks

The The Wolf Of Wall Street NFT  Marketplace Platform and the Services offered thereunder will rely on third-party platforms such as [PayPal] and [checkout.com] to perform the transactions for the purchase and sale of NFTs. If (a) we cease to continue any relationship with such platform providers; (b) the terms and conditions or pricing of such platform providers change; (c) we violate or cannot comply with the terms and conditions of such platforms; or (d) any of such platforms loses market share or falls out of favour or is unavailable for a prolonged period of time, access to and use of the The Wolf Of Wall Street NFT  Marketplace Platform may suffer. 

16.5. Your Own Risk

You understand and agree that you are solely responsible for determining the nature, potential value, suitability and appropriateness of these risks for yourself. Elevate Media Ventures Limited does not give any advice or recommendations regarding the NFTs. You understand and agree that you access and use the The Wolf Of Wall Street NFT  Marketplace Platform at your own risk. You understand and agree that Elevate Media Ventures Limited will not be responsible for any communication failures, disruptions, errors, or distortions you may experience when using the NFTs or the The Wolf Of Wall Street NFT  Marketplace Platform.

17. Taxes and Fees

17.1. Taxes

You agree that you are solely responsible for (i) determining what, if any, taxes apply to your NFT transactions on the The Wolf Of Wall Street NFT  Marketplace Platform and (ii) paying any and all sales, use, value-added and other taxes, duties, and assessments (except taxes on our net income) now or hereafter claimed or imposed by any governmental authority (collectively, “Taxes”) associated with your use of, and transactions conducted on, the The Wolf Of Wall Street NFT  Marketplace Platform.. Neither Elevate Media Ventures Limited nor its affiliates or employees are responsible for determining the taxes that may apply to your NFT transactions. Except for income taxes levied on us, you: (a) will pay or reimburse us for all national, federal, state, local or other taxes and assessments of any jurisdiction, including value added taxes and taxes as required by international tax treaties, customs or other import or export taxes, and amounts levied in lieu thereof based on charges set, services performed or payments made hereunder, as are now or hereafter may be imposed under the authority of any national, state, local or any other taxing jurisdiction; and (b) will not be entitled to deduct the amount of any such Taxes from payments (including servicing fees) made to us pursuant to these Terms and the NFT Sales Terms.

17.2. Fees

By buying and selling NFTs on the The Wolf Of Wall Street NFT  Marketplace Platform, you agree to pay all applicable fees, including transaction fees and payment processing fees, as stipulated on the checkout screen at the time of your purchase. You authorise us to automatically deduct any such fees directly from payments to you and/or add fees to your payments where applicable.

17.3. NFT Sales Terms Information

For further information regarding the payment of taxes and fees, please see the relevant NFT Sales Terms. 

18. Disclaimers

EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN WRITING BY ELEVATE MEDIA VENTURES LIMITED, YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR ACCESS TO AND USE OF THE The Wolf Of Wall Street NFT  MARKETPLACE PLATFORM IS AT YOUR SOLE RISK AND THAT THE The Wolf Of Wall Street NFT  MARKETPLACE PLATFORM AND THE NFTs LISTED ON THE The Wolf Of Wall Street NFT  MARKETPLACE PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. 

YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET, AND YOU AGREE THAT WE HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY BREACH OF SECURITY UNLESS IT IS DUE TO OUR GROSS NEGLIGENCE.

ELEVATE MEDIA VENTURES LIMITED WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS OF ANY KIND THAT YOU INCUR AS A RESULT OF YOUR USE OF THE The Wolf Of Wall Street NFT  Marketplace Platform, THE AVENTUS BLOCKCHAIN NETWORK, OR YOUR ELECTRONIC WALLET, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (I) USER ERROR, SUCH AS FORGOTTEN PASSWORDS OR INCORRECTLY CONSTRUED SMART CONTRACTS OR OTHER TRANSACTIONS; (II) SERVER FAILURE OR DATA LOSS; (III) CORRUPTED WALLET FILES; OR (IV) UNAUTHORIZED ACCESS OR ACTIVITIES BY THIRD PARTIES, INCLUDING, BUT NOT LIMITED TO, THE USE OF VIRUSES, PHISHING, BRUTE-FORCING OR OTHER MEANS OF ATTACK AGAINST THE The Wolf Of Wall Street NFT  MARKETPLACE PLATFORM, THE AVENTUS BLOCKCHAIN NETWORK, OR ANY ELECTRONIC WALLET. ELEVATE MEDIA VENTURES LIMITED WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS OF ANY KIND FROM ANY ACTION THAT RESULTS FROM YOU PROVIDING AN INCORRECT WALLET ADDRESS. 

TO THE FULLEST EXTENT PROVIDED BY LAW, ELEVATE MEDIA VENTURES LIMITED HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, CORRECTNESS, ACCURACY, RELIABILITY AND NON-INFRINGEMENT AS TO THE The Wolf Of Wall Street NFT  MARKETPLACE PLATFORM. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE, OUR PARENT, SUBSIDIARIES, AFFILIATES, AND LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (I) YOUR ACCESS TO OR USE OF THE The Wolf Of Wall Street NFT  MARKETPLACE PLATFORM WILL MEET YOUR REQUIREMENTS; (II) YOUR ACCESS TO OR USE OF THE The Wolf Of Wall Street NFT  Marketplace Platform WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE FROM ERROR; (III) USAGE DATA PROVIDED THROUGH THE The Wolf Of Wall Street NFT  MARKETPLACE PLATFORM WILL BE ACCURATE; (IV) THE The Wolf Of Wall Street NFT  MARKETPLACE PLATFORM OR ANY CONTENT, SERVICES, OR FEATURES MADE AVAILABLE ON OR THROUGH THE The Wolf Of Wall Street NFT  MARKETPLACE PLATFORM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (V) THAT ANY DATA THAT YOU DISCLOSE WHEN YOU USE THE APP WILL BE SECURE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

NFTs ARE INTANGIBLE DIGITAL ASSETS THAT EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED IN THE AVENTUS BLOCKCHAIN NETWORK. ALL SMART CONTRACTS, INCLUDING ANY TRANSFER OF TITLE THAT MIGHT OCCUR IN ANY UNIQUE NFT, ARE CONDUCTED AND OCCUR ON THE DECENTRALISED LEDGER WITHIN THE AVENTUS BLOCKCHAIN NETWORK. WE HAVE NO CONTROL OVER AND MAKE NO GUARANTEES OR PROMISES WITH RESPECT TO SMART CONTRACTS.

WE ARE NOT RESPONSIBLE FOR LOSSES DUE TO BLOCKCHAINS OR ANY OTHER FEATURES OF THE AVENTUS BLOCKCHAIN NETWORK, OR ANY ELECTRONIC WALLET, INCLUDING BUT NOT LIMITED TO LATE REPORTING BY DEVELOPERS OR REPRESENTATIVES (OR NO REPORTING AT ALL) OF ANY ISSUES WITH THE BLOCKCHAIN SUPPORTING THE AVENTUS BLOCKCHAIN NETWORK, INCLUDING FORKS, TECHNICAL NODE ISSUES, OR ANY OTHER ISSUES RESULTING IN FUND LOSSES.

YOU BEAR FULL RESPONSIBILITY FOR VERIFYING THE IDENTITY, LEGITIMACY, AND AUTHENTICITY OF ASSETS YOU PURCHASE ON THE SERVICES. NOTWITHSTANDING INDICATORS AND MESSAGES THAT SUGGEST VERIFICATION, WE MAKE NO CLAIMS ABOUT THE IDENTITY, LEGITIMACY, OR AUTHENTICITY OF ASSETS ON THE SERVICES.

We are not responsible for sustained casualties due to vulnerability or any kind of failure or abnormal behavior of software (e.g., Wallet, smart contract), blockchains or any other features of the NFTs. We are not responsible for casualties due to a late report by developers or representatives (or no report at all) of any issues with the blockchain supporting any NFTs, including forks, technical node issues or any other issues having fund losses as a result.

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.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN CONTRACTS WITH CONSUMERS, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

19. Limitation of Liability

YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL ELEVATE MEDIA VENTURES LIMITED, OUR PARENT, SUBSIDIARIES, AFFILIATES AND LICENSORS 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, PRODUCTS OR THIRD PARTY SITES AND PRODUCTS, OR FOR ANY DAMAGES RELATED TO LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OR LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE OR OUR SERVICE PROVIDERS HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

YOU AGREE THAT OUR TOTAL, AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS, THE NFT Sales Terms, OR YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) ANY PORTION OF THE The Wolf Of Wall Street NFT  MARKETPLACE PLATFORM, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, IS LIMITED TO NO MORE THAN USD $1,000.

YOU ACKNOWLEDGE AND AGREE THAT WE HAVE MADE THE The Wolf Of Wall Street NFT  MARKETPLACE PLATFORM AVAILABLE TO YOU AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE REPRESENTATIONS AND WARRANTIES, DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN, WHICH REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN US AND YOU AND FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN US AND YOU. WE WOULD NOT BE ABLE TO PROVIDE THE The Wolf Of Wall Street NFT  MARKETPLACE PLATFORM TO YOU WITHOUT THESE LIMITATIONS.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. Some jurisdictions also limit disclaimers or limitations of liability for personal injury from consumer products, so this limitation may not apply to personal injury claims

20. Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless Elevate Media Ventures Limited and our past, present and future parent, subsidiaries and affiliates, and our and their respective employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively the “Elevate Media Ventures Limited Affiliates”), from and against all actual or alleged claims, damages (actual and consequential), awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys’ fees, court costs, costs of settlement and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, 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 (a) your use or misuse of the The Wolf Of Wall Street NFT  Marketplace Platform, (b) your breach of these Terms, and (c) your breach or violation of the rights of a Third Party, including another user or third-party service provider. You agree to promptly notify Elevate Media Ventures Limited of any such Claims and cooperate with Elevate Media Ventures Limited in defending such Claims.

21. Copyright Policy

21.1. Notice of Infringement under Digital Millennium Copyright Act (“DMCA”). 

We respect copyright law and expects our users to do the same. It is our policy to terminate in appropriate circumstances Account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. It is not our intent to infringe on anyone’s intellectual property rights, and we will respond to allegations of copyright infringement in accordance with the DMCA.  If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with a written notice (“DMCA Notice”) with the following information:

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  2. A description of the copyright work that you claim has been infringed;
  3. A description of where the infringing material is located on the Services;
  4. Your address, telephone number, and email address;
  5. A statement by you that you have a good faith belief that the alleged infringing use is not authorized by the copyright owner, its agent, or the law; and
  6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

21.2. Contact Information

You can reach us directly by emailing us at [EMAIL] with the subject “Copyright Infringement.” We may request additional information before removing any allegedly infringing material

21.3. Notice to You

We may notify you if we receive a DMCA Notice about Content that you submit. If you receive a notification that you are allegedly infringing on another’s copyright, you may file a counter-notice. We will review all DMCA Notices and counter-notices in an objective manner. If we determine that the DMCA Notice is valid, we may remove the infringing content. If we determine your counter-notice to be valid, we will remove the complaint and take no further action regarding your account. 

21.4. No Misrepresentation 

We may notify you if we receive a DMCA Notice about Content that you submit. If you receive a notification that you are allegedly infringing on another’s copyright, you may file a counter-notice. We will review all DMCA Notices and counter-notices in an objective manner. If we determine that the DMCA Notice is valid, we may remove the infringing content. If we determine your counter-notice to be valid, we will remove the complaint and take no further action regarding your account.

22. Amendment and Variation

These Terms may from time to time be updated or amended, and we reserve the right to update, amend or otherwise modify these Terms at any time and at our sole and absolute discretion. We will post any such updates on the The Wolf Of Wall Street NFT  Marketplace Platform website. Such updated Terms as posted will take effect immediately unless otherwise indicated, and any changes to or modifications of these Terms will be in effect as of the “Last Updated Date” referred to [at the top of this page]. You should regularly check the The Wolf Of Wall Street NFT  Marketplace Platform to inform yourself of any such changes. In addition, we may at any time change, add or remove any feature or functionality of the The Wolf Of Wall Street NFT  Marketplace Platform without prior notice. By continuing to access or use the The Wolf Of Wall Street NFT  Marketplace Platform after the “Last Updated Date” and following any such changes to these Terms or the The Wolf Of Wall Street NFT  Marketplace Platform taking effect, you are indicating your acceptance of the updated or amended Terms as well as your acceptance of the updated The Wolf Of Wall Street NFT  Marketplace Platform. If you do not wish to be bound by any changes or amendments to these Terms, then you should stop using the The Wolf Of Wall Street NFT  Marketplace Platform immediately.

23. Severability

With the exception of any of the provisions in Section 30.6 of these Terms (“Class Action Waiver”), if any provision of these Terms shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, the invalidity or unenforceability of such provision shall not affect the other provisions of these Terms, and all provisions not affected by such invalidity or unenforceability shall remain in full force and effect. Such provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any applicable laws.

24. Entire Agreement / Translation 

These Terms constitute the entire agreement between the parties regarding its subject matter and supersedes and invalidates all other prior representations, arrangements, understandings, and agreements relating to the same subject matter, (whether oral or in writing, express or implied). Each party acknowledges that in agreeing to these Terms it does not rely on any statement, representation, warranty, or understanding other than those expressly set out in these Terms.

These Terms are concluded in the English language and all communications, including any notices or information being transmitted, shall be in English. In the event that these Terms or any part thereof is translated (for any proceedings, for your convenience or otherwise) into any other language, the English language text of these Terms shall prevail.

25. Notices and Communications

By using the The Wolf Of Wall Street NFT  Marketplace Platform, you agree that we may provide you with notices (including, but not limited to, those regarding changes to these Terms) or other communications, including marketing, relating to your use of the The Wolf Of Wall Street NFT  Marketplace Platform electronically via email (in each case to the address that you provide), postings on the The Wolf Of Wall Street NFT  Marketplace Platform, SMS message, or telephone call (in each case to the phone number that you provide). By providing us with your email address, you consent to our use of such email address to send you any notices, and it is your responsibility to keep you email address current. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted. You will always be given the option to unsubscribe from receiving any marketing material from us.

Notices to us should be sent electronically to [email protected].

26. No Waivers

Our failure or delay to exercise or enforce any right or provision of these Terms will not constitute or be deemed a waiver of future exercise or enforcement of such right or provision. The waiver of any right or provision of these Terms will be effective only if in writing and signed for and on behalf of us by a duly authorised representative.

27. Third Party Rights

These Terms do not, and are not intended to, confer any rights or remedies upon any person or entity other than you.

28. Governing Law and Jurisdiction 

These Terms are governed by and shall be construed in accordance with the laws of England & Wales without regard to any choice or conflict of laws rules. Any dispute, controversy or claim, whether contractual or non-contractual, arising out of or in connection with these Terms, or the breach, termination or invalidity thereof, or any other issue which shall arise in virtue of these Terms, shall be referred to and finally settled by arbitration in the courts of England & Wales. The arbitration proceedings shall be conducted in the English language.

29. Dispute Resolution 

29.1. Mandatory Arbitration of Disputes.

We each agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and we agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Terms, and that you and we are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms.

29.2. Exceptions

 As limited exceptions to 30.1 above: (i) we both may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights.

29.3. Conducting Arbitration and Arbitration Rules. 

The arbitration will be conducted by JAMS under its JAMS Comprehensive Arbitration Rules and Procedures (the “JAMS Rules”) then in effect, except as modified by these Terms. The JAMS Rules are available at https://www.jamsadr.com/. A party who wishes to start arbitration must submit a written Demand for Arbitration to JAMS and give notice to the other party as specified in the JAMS Rules. JAMS provides a form Demand for Arbitration at https://www.jamsadr.com/. Any arbitration hearings will take place in the county (or parish) where you live, unless we both agree to a different location, but will be conducted remotely to the extent permitted by the JAMS Rules. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.

29.4. Arbitration Costs. 

Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules, and we won’t seek to recover the administration and arbitrator fees we are responsible for paying, unless the arbitrator finds your Dispute frivolous. If we prevail in arbitration we’ll pay all of our attorneys’ fees and costs and won’t seek to recover them from you. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.

29.5. Injunctive and Declaratory Relief. 

Except as provided in Section 30.1 above, the arbitrator shall determine all issues of liability on the merits of any claim asserted by either party and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. To the extent that you or we prevail on a claim and seek public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual claims in arbitration.

29.6. Class Action Waiver. 

YOU AND ELEVATE VENTURES MEDIA LIMITED AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ Dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void.