DigiassetX Inc Terms of Service

Please read these Terms of Service ("Agreement" ) carefully. This Agreement is between you (the "User" and collectively with others using the Site— "Users" ) and DigiassetX Inc (the " DigiassetX**"DigiassetX.com" "Exchange" "Auction" "Asset creator" "Platform" "service provider" "NFT creator" **"Company" or "we," "our" or "us" ). This Agreement governs your access to and use of DigiassetX.com website and all of its services and subdomians ("Site") including without limitation the creation, purchase, sale, exchange, or mediation of certain digital assets; our online and/or mobile services, and software provided on or in connection with those services (collectively, the "Service"). Using the Site or Service, you acknowledge that you have read, understood, and agree to be legally bound by this Agreement.


  • Description of Services
    • DigiassetX.com is an online platform that allows the creation of assets, NFT (non fungible tokens), sale and purchase of crypto assets ( "Crypto Assets" ) via Auctions (" Auction" ) and Exchange by users of the "platform". "Crypto Assets" refers to two things. A) unique non-fungible tokens implemented on any blockchain, including the digibyte platform (the "[Crypto Currency Platform]") using smart contracts and B) Digital assets such as Bitcoin, Ethereum, Litecoin, DigiByte etc.. We may offer other services in the future that require us to add their additional terms specific to those services. Those additional terms and conditions will become part of your agreement with us if you use those services.

  • Users
    • Users of the Site ( "Users" ) will be able to search, browse, and click on links to Crypto Assets displayed on the Site ( "Browsing Services" ). Users may connect their Crypto Currency wallet or enter the crypto currency wallet ("Wallet") and make a bid, purchase and exchange if desired. A User is not required to connect a Crypto Currency wallet in order to access the Browsing Services. Users must be at least eighteen years old to access the Site and use the Services.

  • User Content
    • " User Content" means any and all information and content that is provided by the person using the Site. You are solely responsible for your User Content. You assume all risks associated with the use of your User Content, including any reliance on its accuracy, completeness, or usefulness by others or any disclosure of your User Content that personally identifies you or any third party. You hereby represent and warrant that your User Content does not violate (i) any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another's privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; (iii) that is harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party, including governments in any jurisdiction. You may not represent or imply to others that your User Content is in any way provided, sponsored, or endorsed by "DigiassetX".
    • In addition, to the terms above you agree not to: (i) upload, transmit, or distribute to or through the Site any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send through the Site unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) use the Site to harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Site, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Site (or to other computer systems or networks connected to or used together with the Site), whether through password mining or any other means; (vi) harass or interfere with any other user's use and enjoyment of the Site; or (vi) use software or automated agents or scripts to produce multiple accounts on the Site, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Site (provided, however, that we may conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials, subject to the parameters set forth in the [Name of File] file.
    • Since you are solely responsible for your User Content, you may expose yourself to liability if any of your User Content violates the terms under this Agreement. DigiassetX Inc is not obligated to backup any User Content, and your User Content may be deleted at any time without prior notice. You are solely responsible for creating and maintaining your own backup copies of your User Content if you desire.

  • Third-Party Extensions
    • Before putting up any digital assets for Auction, sale, exchange or putting in an offer to purchase any digital assets from other users, the user shall be required to download a supported electronic wallet extension to connect and unlock the user's digital Wallet with that extension. Once an order to sell or purchase a unique digital asset is made, the order is passed on to the applicable extension, which completes the transaction on behalf of the user. Since our Service is facilitated by third-party extensions, you agree to be governed by the terms of service and privacy policy for the applicable extensions. Some third party systems that may be needed include Digi-ID wallet, core wallets and IPFS desktop.

  • Ethreum, DigiByte and Other cryptocurrency Wallets
    • When you connect your [CryptoCurrency] wallet, you represent and warrant that you are the exclusive owner and controller of the Wallet. You are responsible for maintaining the confidentiality of any financial information related to your Wallet.

  • Account Registration
    • If you wish to participate in Auction sales, sale or exchange for Crypto Assets, you will need to register for an account on the Service ( "Account" ). You are required to provide accurate, current, and complete Account information about yourself, promptly update from time to time as necessary your Account information and maintain the security of your Digi-ID wallet and accept all risks of unauthorized access to your Account. Some DigiassetX services will allow for subdomains to be created by users. DigiassetX, in its sole discretion, may delete your Account if we deem that your account or content is inappropriate.

      • DigiassetX shall reserve the right to delete your Account if you engage in any of the following;

      (a) create another account if we've disabled one you had unless you have our written permission first;

      (b) buy, sell, rent, or lease access to your Account or username unless you have our written permission first;

      (c) share your Account private key/Digi-ID wallet with anyone;

      (d) log in or try to log in to access the Service through unauthorized third-party applications or clients.

      A User may sign out of the Site by clicking logout.

      A User shall have the option to disable their Account from DigiassetX by requesting from site administration, however records, information and user history will bekept for a period of 7(seven) years.

  • Privacy & Policy
    • Please refer to our Privacy Policy for information about how we collect, use, and share personal information about you.

  • Law Enforcement Agencies
    • DigiassetX Inc, 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.

  • Access to the Site
    • License. Subject to these Terms, DigiassetX grants you a non-transferable, non-exclusive, revocable, limited license to use and access the Site for your own personal and noncommercial use.

  • Ownership
    • Excluding any User Content that you may provide (defined above), you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Site and its content, are owned by DigiassetX, Neither these Terms (nor your access to the Site) transfers to you or any third party any rights, title, or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in these Terms. DigiassetX reserves all rights not granted in these Terms. There are no implied licenses granted under these Terms. You acknowledge the intellectual property of the Crypto Asset and Crypto asset belongs to the user who is selling the Crypto Asset.

Assumption of Risk


You hereby agree, acknowledge, and accept that;

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.

(a) You are solely responsible for determining what, if any, taxes apply to your Crypto Assets transactions. Neither is the DigiassetX nor any other DigiassetX Party is responsible for determining the taxes that apply to Crypto Assets transactions.

(b) Our Service does not store, send, or receive Crypto Assets. This is because Crypto Assets exist only by virtue of the ownership record maintained on its supporting blockchain. Any transfer of Crypto Assets occurs within the supporting blockchain and not on this Service.

(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 the DigiassetX, it's owners and employees, will 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 Auction and/or Service and the utility of Crypto Assets.

(f) The Service will rely on third-party platforms to perform the transactions for the Auction of Crypto Assets. If we are unable to maintain a good relationship with such platform providers; if the terms and conditions or pricing of such platform providers change; if we violate or cannot comply with the terms and conditions of such platforms; or if any of such platforms lose market share or falls out of favor or is unavailable for a prolonged period of time, access to and use of the Service will suffer.

(g) 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. DigiassetX 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 DigiassetX. Under no circumstances shall the inability to view your assets on DigiassetX serve as grounds for a claim against the DigiassetX.

Arbitration

All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) between the DigiassetX and any User or Registered User that cannot be resolved informally, shall be resolved by binding arbitration on an individual basis under the terms of the Arbitration Agreement. Unless otherwise agreed to, all arbitration proceedings shall be held in English, in the Province of Manitoba, Canada. Arbitration will be in person and not via teleconferencing, internet conferencing or any form of remote conferencing, irrespective of any travel restrictions, pandemic restrictions or any other restrictions. The Arbitration Agreement applies to you and the DigiassetX Inc, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.

User Information and Copyright

You are solely responsible for your use of the Services and 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 Services. By submitting, posting, or displaying User Information on or through the Services, 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 Services 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 Services.

Notice

Any notice required or permitted to be given hereunder shall be in writing and sent through electronic mail, to

Legal @ digiassetx.com

Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless the DigiassetX Inc and our respective past, present, and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns 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), every kind and nature whatsoever.



Disclaimer

THE SITE IS PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS, AND THE DigiassetX (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, AND FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SITE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE. YOU ACKNOWLEDGE THAT YOU ARE NOT RELYING ON THE DigiassetX IN MAKING A PURCHASE, BID, OR SALE. THE DigiassetX DOES NOT ENDORSE ANY OTHER THIRD-PARTY AND SHALL NOT BE RESPONSIBLE IN ANY WAY FOR ANY TRANSACTIONS YOU ENTER INTO WITH OTHER USERS. YOU AGREE THAT THE DigiassetX Inc, IT'S OWNERS AND EMPLOYEES WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGES OF ANY SORT INCURRED AS THE RESULT OF ANY INTERACTIONS BETWEEN YOU AND OTHER ARTISTS OR COLLECTORS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.



Limitation of Liability

DigiassetX is merely a platform that facilitates transactions between the Buyer and seller in the Auction, the trade, the exchange, the swap. We are not a broker, financial institution, or creditor and neither a third party to any agreement between the Buyer and the seller of Crypto Assets or between any Users. You bear full responsibility for verifying the identity, legitimacy, and authenticity of assets you purchase on the Site, and the DigiassetX makes no claims about the identity, legitimacy, or authenticity of any assets on the Site.

To the maximum extent permitted by law, in no event shall the DigiassetX and it's owners and employees, past present or future, be liable to you or any third party for any lost profits, lost data, or any indirect, consequential, exemplary, incidental, special, or punitive damages arising from or relating to these terms or your use of, inability to use, the Site, even if the DigiassetX has been advised of the possibility of such damages. Access to, and use of, the Site is at your own discretion and risk, and you shall be solely responsible for any damage to your device or computer system or loss of data resulting therefrom.

In no event shall the DigiassetX Inc be responsible for any loss or damage as a result of your failure to keep your Wallet secure and backed up. DigiassetX Inc shall not be liable for any loss or damage arising from your failure to maintain the confidentiality of your financial information, which includes your private keys.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF _ONE HUNDRED_US DOLLARS (U.S. $100_). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Modifications

We reserve the right in our sole discretion to modify, suspend or discontinue, temporarily or permanently, the Services (or any features or parts thereof) or suspend or discontinue the Auction at any time and without liability, therefore. If we make changes to these Terms, we will provide notice of such changes, such as by sending an e-mail notification, providing notice through the Service, or updating the "Last Updated" date at the beginning of these Terms. By continuing to access or use the Service, you confirm your acceptance of the revised Terms. If you do not agree to the revised Terms, you may not access or use the Service.

Entire Agreement

These Terms constitute the entire agreement between you and us regarding the use of the Site. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms shall still be valid and enforceable.

Termination

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. 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.

Miscellaneous

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of the DigiassetX In prior, concurrent or subsequent circumstance, and DigiassetX Inc's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Except as otherwise provided herein, these Terms 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.

Governing Law and Venue

These Terms, your access to and use of the Service and Content, and your participation in the Auction, exchange, trade, asset creation shall be governed by and construed and enforced in accordance with the laws of the province of Manitoba, Canada and any applicable federal laws.

BY CLICKING ON THE "I ACCEPT" BUTTON, COMPLETING THE ACCOUNT REGISTRATION PROCESS, USING OUR SERVICES AND/OR PURCHASING CRYPTO ASSETS, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL OF THE TERMS INCORPORATED HEREIN BY REFERENCE. If you do not agree to these Terms, you may not access or use the Service or purchase the Crypto Assets.