Participating in WBL auctions on the Liveminting website is subject to the Liveminting NFT Auction Terms at https://web.wolframnftauctions.com/nft-auction-terms.
You are hereby granted a limited, nonexclusive, nontransferable, nonsublicensable and personal license to access and use the Platform and Content, provided, however, that such license is subject to these TOU and does not include any right to: (a) sell, resell or use commercially the Platform or Content; (b) distribute, publicly perform or publicly display any Content; (c) modify or otherwise make any derivative uses of the Platform or Content, or any portion thereof; (d) use any data mining, robots or similar data gathering or extraction methods; (e) download (other than page caching) any portion of the Platform or Content, except as expressly permitted by us; and (f) use the Platform or Content other than for their intended Third Party Platforms. Third-party websites and applications are not under the control of WBL. WBL may provide access to various third-party websites and third-party applications only as a convenience and does not review, approve, monitor, endorse, warrant or make any representations with respect them. When you leave our Platform, you should review all applicable agreements and policies, including privacy and data gathering practices, of any third-party websites or third-party applications before proceeding with any transaction with any third party.
You are solely responsible for your use of the Platform and for any User Information you provide, including compliance with applicable laws, rules and regulations. We take no responsibility for the User Information posted or listed via the Platform.
You retain your rights to any User Information you submit, post or display using the Platform.
By submitting, posting or displaying User Information on or through the Platforms, you grant us a worldwide, non-exclusive, sublicensable, royalty-free license to use, copy, modify and display any text, content, files, communications, comments, feedback, suggestions, ideas, concepts, questions, data or other content that you submit or post on or through the Platforms or through tools or applications we provide for posting or sharing such content (collectively "User Information") for our lawful business purposes, including to provide, promote and improve the Platforms.
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 Information that you submit, post or display on or through the Platform. You agree that such User Information 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 WBL the license described above.
WBL reserves the right to remove content without prior notice. WBL will take down works in response to formal infringement claims and will terminate a user's access to the Platform if the user is determined to be a repeat infringer. If you believe that your content has been copied in a way that constitutes copyright infringement, please report this by contacting our designated copyright agent at:
Wolfram Research, Inc.
Attn: Legal Department
100 Trade Center Drive
To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless WBL, Wolfram Research, Inc., Wolfram Blockchain Labs and all Platform providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively, the "WBL Parties"), from and against all actual or alleged third-party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys' fees and expenses) and costs (including, without limitation, court costs, costs of settlement and costs of 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 Platform; (b) any feedback you provide; (c) your violation of these TOU; and (d) your violation of the rights of a third party. You agree to promptly notify WBL of any third-party Claims and cooperate with the WBL Parties in defending such Claims. You further agree that the WBL Parties shall have control of the defense or settlement of any third party Claims. THIS INDEMNITY IS IN ADDITION TO, AND NOT IN LIEU OF, ANY OTHER INDEMNITIES SET FORTH IN A WRITTEN AGREEMENT BETWEEN YOU AND WBL.
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY WBL, THE PLATFORM AND CONTENT CONTAINED HEREIN ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. WBL MAKES NO WARRANTY THAT THE PLATFORM: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, COMPLETE, LEGAL OR SAFE. WBL DISCLAIMS ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE PLATFORM, CONTENT CONTAINED THEREIN. WBL DOES NOT REPRESENT OR WARRANT THAT CONTENT ON THE PLATFORM 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 PLATFORM. WHILE WBL ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE PLATFORM AND CONTENT SAFE, WBL CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE PLATFORM OR CONTENT 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.
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 LOSSES, DAMAGES OR CLAIMS ARISING FROM: (A) USER ERROR SUCH AS FORGOTTEN PASSWORDS, INCORRECTLY CONSTRUCTED TRANSACTIONS OR MISTYPED ADDRESSES; (B) SERVER FAILURE OR DATA LOSS; (C) CORRUPTED WALLET FILES; (D) UNAUTHORIZED ACCESS TO APPLICATIONS; (E) ANY UNAUTHORIZED THIRD-PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION THE USE OF VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK AGAINST THE PLATFORM OR CRYPTO ASSETS.
You accept and acknowledge:
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WBL 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 TOU, THE PLATFORM, 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 OR LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE AND EVEN IF WBL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE PLATFORMS, PRODUCTS OR THIRD-PARTY SITES AND PRODUCTS ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE, OR LOSS OF DATA RESULTING THEREFROM. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF WBL ARISING OUT OF OR IN ANY WAY RELATED TO THESE TOU, THE ACCESS TO AND USE OF THE PLATFORM, CONTENT OR ANY PRODUCTS OR PLATFORMS PURCHASED ON THE PLATFORM EXCEED THE GREATER OF (A) $100 OR (B) THE AMOUNT RECEIVED BY WBL FROM THE SALE OF CRYPTO ASSETS THAT ARE THE SUBJECT OF THE CLAIM. THE FOREGOING LIMITATIONS OF LIABILITY SHALL NOT APPLY TO LIABILITY OF WBL FOR (A) DEATH OR PERSONAL INJURY CAUSED BY A MEMBER OF WBL'S NEGLIGENCE OR FOR (B) ANY INJURY CAUSED BY A MEMBER OF WBL'S FRAUD OR FRAUDULENT MISREPRESENTATION. 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.
We reserve the right in our sole discretion to modify, suspend or discontinue, temporarily or permanently, the Platforms (or any features or parts thereof) or suspend or discontinue the Platform at any time and without liability therefore.
These TOU and your access to and use of the Platform and Content shall be governed by and construed and enforced in accordance with the laws of the State of Illinois. Any dispute between the parties shall be resolved in the state or federal courts of Champaign County in the State of Illinois.
Notwithstanding anything contained in these TOU, we reserve the right, without notice and in our sole discretion, to terminate your right to access or use the Platform at any time and for any or no reason, and you acknowledge and agree that we shall have no liability or obligation to you in such event and that you will not be entitled to a refund of any amounts that you have already paid to us, to the fullest extent permitted by applicable law.
If any term, clause or provision of these TOU is held invalid or unenforceable, then that term, clause or provision will be severable from these TOU and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these TOU.
These TOU constitute the entire agreement between you and WBL relating to your access to and use of the Platforms and Content, and your participation in the Auction. These TOU, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of WBL prior, concurrent or subsequent circumstance, and WBL's failure to assert any right or provision under these TOU shall not constitute a waiver of such right or provision. Except as otherwise provided herein, these TOU are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity.