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Terms & Conditions
Please read these Terms & Conditions (this “Agreement”) carefully. Your use or access of the Site or the Smart Contracts (as defined below) constitutes your consent to this Agreement.
The Website is owned and operated by Embrace Blockchain, LLC (“we”, “us”, the “Company”).
The Website is offered subject to your acceptance without modification of all the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on the Website (taken together, the “Agreement”).
Foster Marketplace is a platform. Foster Marketplace is not a broker, financial institution, or creditor. The Services offered on the platform are of administrative nature only.
The Website is provided by the Company as a service to the Foster Marketplace user community (the “Community”). You agree that the Company shall have no liability to you or any third party for any losses or damages caused by your use of the Website not being available, in whole or in part, at any time or for any period.
If you do not agree to any of the terms and conditions, you may not use or access the Website and must exit the Website immediately. If you do not agree to all the terms and conditions of this Agreement, then you may not access the Website, use any Services, or buy crypto assets. The Website is available only to individuals who are at least 18 years old.
We may collect certain information about your equipment, browsing actions, and patterns from you when you access the Website using a variety of technologies, including:
Activity Information. Details of your visits to our website, including the types of content you view or engage with; the features you use; the actions you take; the time, frequency, and duration of your activities; and other information about your use of and actions on the Website.
This information may be used for maintaining or improving the quality of the Website, as well as providing overall general statistics related to the use of the Website. The technologies we use for this automatic data collection may include:
We will not sell, trade, or otherwise release any information we gather without advance notice to the users. This does not include release of information to our website hosting partners and other parties who assist us in operating our website or serving the Community, provided these parties agree to keep this information confidential. We may also release information as needed to comply with any court order, law, or legal process, including to respond to any government or regulatory request or if we believe disclosure will help us protect the rights, property, or safety of the Company, our users, partners, agents, and others. This includes exchanging information with other companies and organizations for fraud protection, and spam and malware prevention.
In order to list and purchase crypto assets, you need to register for an account on the Service (“Account”). By creating an Account, you agree to:
(a) provide accurate, current and complete Account information about yourself;
(b) maintain and promptly update from time to time, as necessary, your Account information;
(c) maintain the security of your password and accept all risks of unauthorized access to your Account and the information you provide to us; and
(d) immediately notify us if you discover or otherwise suspect any security breaches related to the Service, or your Account.
Foster Marketplace will block multiple accounts of the same user.
Also, you agree that you will not:
(a) create another account if Foster Marketplace disabled one you had, unless you have Foster Marketplace’s written permission first;
(b) buy, sell, rent or lease access to your Account or username, unless you have Foster Marketplace’s written permission first;
(c) share your Account password with anyone; or
(d) log in or try to login to access the Service through unauthorized third-party applications or clients.
Foster Marketplace may require you to provide additional information and documents at the request of any competent authority or in case of application of any applicable law or regulation, including laws related to anti-laundering (legalization) of incomes obtained by criminal means, or for counteracting financing of terrorism. Foster Marketplace may also require you to provide additional information and documents in cases where it has reasons to believe that:
(a) your Account is being used for money laundering or for any other illegal activity;
(b) you have concealed or reported false identification information and other details; or
(c) transactions made via your Account were made in breach of these Terms.
In such cases, Foster Marketplace, in its sole discretion, may pause or cancel your purchase transactions until such additional information and documents are reviewed by Foster Marketplace and accepted as satisfying the requirements of applicable law. If you do not provide complete and accurate information and documents in response to such a request, Foster Marketplace may refuse to provide the Service.
By registering an Account on Foster Marketplace, you give us permission to use your name and picture for marketing and promotional purposes. Users registered as creators also understand and agree that Foster Marketplace may display, reproduce, and distribute their works represented in digital assets minted, listed and tradable on Foster Marketplace, for the purpose of operating, promoting, sharing, developing, marketing, and advertising the Website, or any other purpose related to Foster Marketplace.
Within the limits of applicable law, Foster Marketplace reserves the right to change these Terms from time to time at its sole discretion and without notice to you. The latest version of these Terms will be posted on the Website and should be reviewed prior to accessing or using the Website. All changes will be effective immediately when posted on the Website and will apply to your use of, and access to, the Website from that point onward.
Your continued use of or access to the Website following any changes to this Agreement shall constitute your acknowledgment of such changes and agreement to be bound by the terms and conditions of such changes. You should check this page frequently so that you are aware of any changes.
By creating an Account, you consent to receive electronic communications from Foster Marketplace (e.g., via email or by posting notices to the Service).
These communications may include notices about your Account (e.g., password changes and other transactional information) and are part of your relationship with Foster Marketplace.
You agree that any notices, agreements, disclosures or other communications that Foster Marketplace sends to you electronically shall satisfy any legal communication requirements, including, but not limited to, that such communications be in writing.
Foster Marketplace may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein.
You acknowledge that the ownership of digital assets (NFTs) made available or purchased on the Website may give you the right to view, store, exchange, sell and display the NFT publicly but does not allow or imply commercial use or ownership of intellectual property on the brand, design, music, video, art or other media displayed in your digital asset NFTs, unless specifically stated otherwise.
Except as expressly provided to the contrary in writing by Foster Marketplace, the Service and content contained therein, and crypto assets listed therein are provided on an “as is” and “as available” basis without warranties or conditions of any kind, either express or implied.
Foster Marketplace makes no warranty that the Service:
(a) will meet your requirements;
(b) will be available on an uninterrupted and timely basis.
Foster Marketplace disclaims all other warranties or conditions, express or implied, including, without limitation, implied warranties or conditions of merchantability, fitness for particular purpose, title and non-infringement to the Service, as well to the content published therein.
While Foster Marketplace attempts to make your access to and use of the service and content safe, you accept the inherent security risks of providing information and dealing online over the internet and will not hold Foster Marketplace responsible for any breach of security unless it is due to our gross negligence.
Foster Marketplace shall not be responsible or liable to you for any loss and take no responsibility for, and shall not be liable to you for any use of crypto assets, including but not limited to 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, brute forcing, or other means of attack against the service or crypto assets.
Crypto assets are intangible digital assets. They exist only by virtue of the ownership record maintained in a blockchain. Any transfer of title that might occur in any unique digital asset occurs on the decentralized ledger within the blockchain. Foster Marketplace does not guarantee that Foster Marketplace can affect the transfer of title or right in any crypto assets.
However, Foster Marketplace requests its users who register as creators to warrant that the crypto assets they mint as NFTs and list through Foster Marketplace are their own individual creations, which have not previously been published and/or exploited in any manner, in order for them to comply with these Terms, under liability to Foster Marketplace and other users.
Foster Marketplace is not responsible for sustained casualties due to vulnerability or any kind of failure, abnormal behavior of software (e.g., wallet, smart contract), blockchains or any other features of crypto assets. Foster Marketplace is not responsible for casualties due to late report by developers or representatives (or no report at all) of any issues with the blockchain supporting crypto assets 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, death or bodily injury caused by negligence, 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.
You accept and acknowledge:
(a) The prices of blockchain assets are extremely volatile. Fluctuations in the price of other digital assets could materially and adversely affect the crypto assets, which may also be subject to significant price volatility. We cannot guarantee that any purchasers of crypto assets will not lose money.
(b) You are solely responsible for determining what, if any, taxes apply to your crypto assets transactions. Foster Marketplace is not responsible for determining the taxes that apply to crypto assets transactions.
(c) There are risks associated with using an Internet based currency, including but not limited to, the risk of hardware, software and Internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to information stored within your wallet. You accept and acknowledge that Foster Marketplace shall not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the crypto assets, however caused.
(d) A lack of use or public interest in the creation and development of distributed ecosystems could negatively impact the development of those ecosystems and related applications, and could therefore also negatively impact the potential utility or value of crypto assets.
(e) The regulatory regime governing blockchain technologies, cryptocurrencies, and tokens is uncertain, and new regulations or policies may materially adversely affect the development of the Service and the utility of crypto assets.
(f) There are risks associated with purchasing user generated content, including but not limited to, the risk of purchasing counterfeit assets, mislabeled assets, assets that are vulnerable to metadata decay, assets on smart contracts with bugs, and assets that may become untransferable. Foster Marketplace reserves the right to hide collections, contracts, and assets affected by any of these issues or by other issues. Assets you purchase may become inaccessible on Foster Marketplace. Under no circumstances shall the inability to view your assets on Foster Marketplace serve as grounds for a claim against Foster Marketplace.
To the fullest extent permitted by law, in no event shall Foster Marketplace be liable to you or any third party for any lost profit or any indirect, consequential, exemplary, incidental, special or punitive damages arising from these terms, the Service, or for any damages related to loss of revenue, loss of profit, 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.
The access to and use of the Services are at your own discretion and risk, and you shall 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 Foster Marketplace arising out of or in any way related to these terms, the access to and use of the service, content, crypto assets, or any products or services purchased on the service exceed the greater of:
(a) the amount received by Foster Marketplace from the sale of crypto assets that are the subject of the claim, and
(b) the operational costs from the sale of crypto assets that are the subject of the claim.
The foregoing limitations of liability shall not apply to liability of Foster Marketplace for:
(a) death or personal injury caused by a member of Foster Marketplace’s negligence; or for
(b) any injury caused by a member of Foster Marketplace’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.
Notwithstanding anything contained in these Terms, we reserve the right, without notice and in our sole discretion, to terminate your right to access or use the Service at any time and for any or no reason, and you acknowledge and agree that we shall have no liability or obligation to you in such event and that you will not be entitled to a refund of any amounts that you have already paid to us, to the fullest extent permitted by applicable law.
If any term, clause or provision of these Terms is held invalid or unenforceable, then that term, clause or provision shall be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these Terms.
This Agreement shall be governed in all respects by the substantive laws of the state of Arizona. Any controversy, claim, or dispute arising out of or relating to the Agreement shall be subject in accordance with the laws of the state of Arizona.
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
This Website includes content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
You may use the Website for lawful purposes only and in accordance with these Terms. You agree not to use the Website in any way that could damage the site, the Community, or the Company.
You may not engage in any of the following prohibited activities in connection with using the Website:
(a) No Violation of Laws or Obligations. Violate any applicable laws or regulations (including intellectual property laws and right of privacy or publicity laws) or any contractual obligations.
(b) No Unsolicited Communications. Send any unsolicited or unauthorized advertising, promotional materials, spam, junk mail, chain letters, or any other form of unsolicited communications, whether commercial or otherwise.
(c) No Harming of Minors. Exploit or harm minors in any way, including exposing inappropriate content or obtaining personally identifiable information.
(d) No Interference with Others’ Enjoyment. Harass or interfere with anyone’s use or enjoyment of the Website or expose the Company or other users to liability or other harm.
(e) No Interference or Disabling of the Website. Use any device, software, or routine that interferes with the proper working of the Website, or take any action that may interfere with, disrupt, disable, impair, or create an undue burden on the infrastructure of the Website, including servers or networks connected to the Website.
(f) No Viruses, Worms, or Other Damaging Software. Upload, transmit, or distribute to or through the Website any viruses, Trojan horses, worms, logic bombs, or other materials intended to damage or alter the property of others, including attacking the Website via a denial-of-service or distributed denial-of-service attack.
(g) No Unauthorized Access or Violation of Security. Violate the security of the Website through (i) any attempt to gain unauthorized access to the Website or to other systems or networks connected to the Website, (ii) the breach or circumvention of encryption or other security codes or tools, or (iii) data mining or interference to any server, computer, database, host, user, or network connected to the Website.
(h) No Collecting User Data. Collect, harvest, or assemble any data or information regarding any other user without their consent. This includes, without limitation, their emails, usernames, or passwords.
The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
Unless otherwise marked: (a) all material, data, and information on the Website, such as data files, text, music, audio files or other sounds, photographs, videos, or other images, but excluding any software or computer code (collectively, the “Non- Code Content”) is licensed under the Creative Commons Attribution 4.0 International License < https://creativecommons.org/licenses/by/4.0/>; and (b) all software or computer code (collectively, the “Code Content”) is licensed under the Apache (or similar) license.
The information presented on or through the Website is made available for general information purposes only. The Company does not warrant the accuracy, completeness, suitability or quality of any such information. Any reliance on such information is strictly at your own risk. The Company disclaims all liability and responsibility arising from any reliance placed on such information by you or any other user to the Website, or by anyone who may be informed of any of its contents.
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We do not guarantee that our site or any content on it, will always be available or be uninterrupted. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire website, to users.
If the Website contains links to other sites and resources provided by third parties (collectively, “Third-Party Links”), these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. We reserve the right to withdraw linking permission without notice.
If you decide to access any Third-Party Link, you do so entirely at your own risk and subject to the terms and conditions of use for such Third-Party Link. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with any Third-Party Link.
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.
You agree to indemnify and hold the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Website, including, but not limited to, any use of the Website's content, services, and products other than as expressly authorized in these Terms or your use of any information obtained from the Website.