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Terms of use

Update: January 1, 2023

I. Introduction

Welcome to BiblioZilla! BiblioZilla is a platform that allows authors and publishers of books to host and secure their works through the blockchain protocol and thus link each book to a NFT (Non-Fungible-Token); and ordinary users to read the content of these books subject to holding a copy of the NFT related to the book. These Terms of Use are entered into by and between you and BiblioZilla, LLC (“BiblioZilla”, “Company”, “we” or “us”). The following terms and conditions, as well as any materials they expressly incorporate by reference, govern your access to and use of BiblioZilla, including any content, functionality and services offered on or through https://bibliozilla.com (the “Site”).

II. Accepting these Terms

These Terms of Use set out your rights and responsibilities when using BiblioZilla to host, download and read ebooks, so please read them carefully. BiblioZilla is a platform for hosting and viewing content freely downloaded by users, but is not party to an agreement between the buyer and the seller of NFT referring to a work stored on the Site or between users. By clicking the “I Agree” button, completing the account registration process, or using the Services, you agree to be bound by and comply with these Terms of Use and all terms incorporated herein by reference. By accepting these conditions, you hereby certify that you are at least 18 years old. If you do not agree to these Terms of Use, you must not access or use the Site or the Services.

Please note that this agreement contains an arbitration clause and a className action waiver. By agreeing to these Terms of Use, you agree to resolve all disputes through binding individual arbitration, which means that you waive any right to have the dispute decided by a judge or jury, and you waive any right to participate in any className action, whether className action, className arbitration or representative action.

BiblioZilla reserves the right to modify or modify these Terms of Use at any time and in our sole discretion. You agree and understand that by logging into your account, accessing or using the Site or Services as a result of any changes to these Terms of Use, you agree to the revised Terms of Use and all terms incorporated herein by reference. We encourage you to review the Terms of Use from time to time to ensure that you understand the terms and conditions that apply when you access or use the Site.

III. Definitions

  • “Wallet” means a digital wallet associated with an address on the Blockchain that may contain digital currencies (tokens) or digital objects (NFTs).
  • “NFT Book” means non-fungible tokens suitable for books, a specific interactive digital art based on a book (novel, comic book, manga) whose reproductions are the property of its author, publisher or legitimate owner(s).
  • “Creator” means a User (author or publisher) who makes works of art that are minted in NFT and sold on BiblioZilla. “Creator Content” means the Work that a Creator creates, descriptions of the Creator and the Creator's Work, and any other information published by a Creator that is not Profile Information.
  • "Ebook" means an e-book (epub or graphic novel) that a Creator or Publisher makes available on the BiblioZilla platform for the sole use of the holders of the associated NFT book.
  • “Marketplace Services” means the purchase, sale or display of NFTs.
  • “NFT” means non-fungible tokens.
  • “Publisher” or “Author” means a User who uses the Publisher Services.
  • “Publisher Services” means the Draw Services, as well as the dedicated portal that allows Publishers to access the Draw Services, define the Publisher's Draw Conditions and create a storefront open to the public.
  • “Services” means the Marketplace Services, the Minting Services and the Publisher Services.
  • “User” means any person who uses BiblioZilla for the Services.

IV. Your BiblioZilla Account

You must create an account with BiblioZilla to use the Services. When you create an account, we will ask you for information about yourself. We may ask you, in our sole discretion, to provide additional information and/or documentation. If you do not provide complete and accurate information and/or documents in response to such a request, we may refuse to provide the Services to you.

Your BiblioZilla account is subject to the following conditions:

  • You can only open one account on BiblioZilla per wallet. If we have reason to suspect that you have opened multiple accounts on BiblioZilla, we reserve the right to take any action we deem appropriate, including, but not limited to, closing and/or freezing your accounts.
  • Access: You understand and agree that access to your BiblioZilla account is restricted to you. You agree not to sell, rent, rent or grant access to your BiblioZilla account to any person without our prior written permission. Security: You understand and agree that you are solely responsible for maintaining the security of your account and for controlling any username, password or other code you use to access the Services. Any unauthorized access to your account by third parties could result in the loss or theft of NFTs and/or funds held in your account and all associated accounts, including your linked bank account(s) and credit card(s). You understand and agree that you will not hold us responsible for managing and maintaining the security of your account. You further understand and agree that we are not responsible (and you will not hold us liable) for any unauthorized access or use of your account. You are responsible for tracking your account. If you notice any unauthorized or suspicious activity on your account, please notify us immediately and provide us with all relevant information. Communication: You agree and understand that we will communicate with you electronically. To ensure you receive all of our communications, you agree to keep your email address and phone number up to date and to notify us in the event of any changes. You agree that any notices, agreements, disclosures or other communications delivered to your registered email address will be considered valid. Unclaimed property: If BiblioZilla hosts uncovered works and has no record of your use of the Service for several months, we may be required, upon expiration of the applicable deadlines, to remove the content from our Site. If this happens, we will use reasonable efforts to give you notice.

V. Account Suspension

You agree that BiblioZilla has the right to immediately suspend your account, suspend or cancel your access to the Services, or close your account if we suspect, in our sole discretion, that

  • (1) your account is used for money laundering or any illegal activity;
  • (2) you have concealed or provided false identifying information or other details; (3) you have engaged in fraudulent activity;
  • (4) you have infringed the copyright of a work of art or a book associated with a work of art.
  • (5) you use, employ or operate robots or other forms of automation and/or multiple accounts to engage in any activity on BiblioZilla;
  • (6) you have acted otherwise in violation of these Terms of Use.

IF BiblioZILLA has a REASONABLE BELIEF THAT YOU HAVE ENGAGED in the ABOVE ACTIVITIES (1), (2), (3), (4) or (5), BiblioZilla RESERVES the RIGHT, IN its SOLE DISCRETION, TO CONFISCATE ANY FUNDS and HOSTED WORK, SUCH ACTIVITIES and/OR CONSIDER SUCH TRANSACTIONS WITH OUR SERVICES WILL BE NULL and void.

VI. Communication

You agree that we may send you promotional communications by email, including, but not limited to, newsletters, special offers, surveys, and other news and information we think will be of interest to you.

You agree that we may send you communications by email or text message that pertain to the status of a purchase or sale of a NFT on BiblioZilla, and other communications that pertain to your interaction with the Site, including but not limited to notifications about the status of a NFT you are interested in purchasing.

You may opt out of promotional communications at any time by following the instructions provided therein.

VII. Profile Information

The Site allows Users to create a profile where you can post certain information about yourself, link to other websites, and display NFTs that you own (collectively, “Profile Information”). Any Profile Information you post to the Site will be considered non-confidential and non-proprietary. All Profile Information must comply with these Terms of Use.

Although we are not required to monitor any Profile Information, we may, in our sole discretion, remove Profile Information at any time and for any reason without notice.

BiblioZilla may monitor Profile Information to detect and prevent fraudulent activity or violation of BiblioZilla’s Terms of Use.

VIII. Creator Content

If you are a REGISTERED Creator, the Site allows you to host, download and make available your Work. If you are a Creator, you understand and agree that you are responsible for any Creator Content you submit or contribute, and you, and not BiblioZilla, have full responsibility for such content, including its non-infringement of the rights, legality, reliability, accuracy, and relevance of third parties. All creator content must comply with these Terms of Use. We are not responsible to any third party for the content, accuracy or relevance of any Creator Content posted by you. You understand and acknowledge that any Creator Content that violates any of BiblioZilla's policies may be obscured or removed by BiblioZilla in its sole discretion.

While we are not required to monitor Creator Content, we may, in our sole discretion, remove Creator Content at any time and for any reason without notice. BiblioZilla may monitor creator content to detect and prevent fraudulent activity or violations of BiblioZilla's Terms of Service.

IX. Creator Licenses

If you are a Creator, by providing any Creator Content to BiblioZilla, you grant us and our affiliates and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, retransmit, publish, broadcast, and otherwise disclose to third parties any such material for the purpose of providing you with the Minting Services.

As a Creator, you hereby grant BiblioZilla the right to use your name and image for marketing or promotional purposes. You further agree that we may use or modify images from your Creator Content for marketing or promotional purposes. You also agree that we can use your biography and other public information about you to promote your Creator Content.

X. Creator Representations & Warranties

If you are a Creator, you represent and warrant that:

  • (1) you own or have the rights to all of the Creator Content that you post to BiblioZilla;
  • (2) your Creator Content does not violate these Terms of Use;
  • (3) you have acquired and will retain any third-party rights, licenses, authorizations, consents, permissions and approvals relating to your Creator Content and required for BiblioZilla to exercise the license granted to it in these Terms of Use;
  • (4) your Creator Content does not incorporate any artwork that is stolen or reproduced and is not designed such that it will create confusion due to its similarity with existing projects;
  • (5) your Creator Content is free of any hate or harmful speech, as determined by BiblioZilla in its sole discretion; and
  • (6) you will comply with all applicable laws, regulations and industry standards when posting your Creator Content.

XI. Ownership

Unless otherwise indicated in writing by us, the Site, all content, and all other materials contained therein, including, without limitation, the BiblioZilla logo, and all designs, text, graphics, pictures, information, data, software, sound files, other files, and the selection and arrangement thereof (collectively, “BiblioZilla Content”) are the proprietary property of BiblioZilla or our affiliates, licensors, or users, as applicable. The BiblioZilla logo and any BiblioZilla product or service names, logos, or slogans that may appear on the Site or elsewhere are trademarks of BiblioZilla or our affiliates, and may not be copied, imitated or used, in whole or in part, without our prior written permission.

You may not use any BiblioZilla Content to link to the Site without our express written permission. You may not use framing techniques to enclose any BiblioZilla Content without our express written consent. In addition, the look and feel of the Site and Content, including without limitation, all page headers, custom graphics, button icons, and scripts constitute the service mark, trademark, or trade dress of BiblioZilla and may not be copied, imitated, or used, in whole or in part, without our prior written permission.

Notwithstanding anything to the contrary herein, you understand and agree that you shall have no ownership or other property interest in your account, and you further agree that all rights in and to your account are and shall forever be owned by and inure to the benefit of BiblioZilla.

XII. Terms of Sale

By subscribing to a premium offer on BiblioZilla, you understand that you are subscribing to a binding monthly subscription offer whose limits and quotas of use are described on our page: www.bibliozilla.com/pricing. Your order is accepted and confirmed once the purchase is complete, and BiblioZilla displays the confirmation page (“Confirmation Page”). YOU HEREBY EXPRESSLY AGREE THAT THE PROVISION OF A DTV BEGINS IMMEDIATELY AFTER THE CONFIRMATION PAGE IS DISPLAYED.

No refunds or returns are allowed during the current month's subscription period. You can terminate the subscription at any time via the customer dashboard of our partner Stripe accessible from your BiblioZilla account (option table). BiblioZilla reserves the right to develop its offers and rates in the future.

Creators or publishers may choose to provide certain rights to owners of their NFTs, which may include, but are not limited to, physical articles, special access, or other proprietary content (collectively, “Additional Articles”). Any additional items will be provided to you directly by the Creator or Publisher; BiblioZilla has no involvement in such transactions and is not a party to such transactions. Notwithstanding the foregoing, BiblioZilla may authorize the Creator or Publisher to post a description of the Additional Materials on the Site. If you own an NFT that entitles you to Additional Items, you hereby consent to BiblioZilla sharing your contact information with the Creator or Publisher to facilitate delivery of your Additional Items. Unless otherwise stated, secondary market transactions are only for NFTs and do not grant the buyer the right to additional items.

If you have any questions or concerns about Premium Creator subscriptions, please contact us at:

XIII. Intellectual Property

Apart from the BiblioZilla Content, all other trademarks, product names and logos on the Site 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 trademark. Without limiting the foregoing, if you believe that third party material hosted by BiblioZilla infringes your copyright or trademark rights, please file a notice of infringement by contacting BiblioZilla's copyright agent at contact-report@bibliozilla.com.

In this case, please provide BiblioZilla's copyright agent 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 copyrighted work you claim to have been infringed; (3) a description of the location on the site of the material you claim to be infringing; (4) your address, phone number, and email address; (5) a written statement from you that you believe in good faith that the disputed use is not authorized by the copyright owner, its agent, or the law; and (6) a statement from 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 behalf of the copyright owner.

It is BiblioZilla's policy to suspend or terminate the account of repeat offenders. BiblioZilla's response may depend on relevant aggravating or mitigating circumstances, but in general, we will terminate an account if it is the subject of three valid infringement notices.

XIV. Your Use of BiblioZilla

We hereby grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Site and Services. Our grant of such license is subject to the following conditions:

  • Unlawful Activity: you agree not to engage, or assist, in any activity that violates any law, statute, ordinance, regulation, or sanctions program or that involves proceeds of any unlawful activity.
  • Abusive Activity: you agree not to engage in any activity that poses a threat to BiblioZilla, for example by distributing a virus or other harmful code, or through unauthorized access to the Site or other users’ accounts.
  • Inappropriate Behavior: you agree not to interfere with other users’ access to or use of the Services.
  • Communication: you agree not to communicate with other users for purposes of:
  • (1) sending unsolicited advertising or promotions, requests for donations, or spam;
  • (2) engaging in hate speech or harassing or abusing other users;
  • (3) interfering with transactions of other users. You agree not to use data collected from the Site to contact individuals, companies, or other persons or entities outside the Site for any purpose, including but not limited to marketing activity.
  • Fraud: you agree not to engage in any activity which operates to defraud BiblioZilla, others users, or any other person; or to provide any false, inaccurate, or misleading information to BiblioZilla.
  • Gambling: you agree not to utilize the Services to engage in any lottery, bidding fee auctions, contests, sweepstakes, or other games of chance.
  • Taxes: Neither BiblioZilla nor any other BiblioZilla Party is responsible for determining the withholding, sales, use, value added, transfer or other taxes, together with any interest and penalties imposed with respect thereto (“Taxes”), that apply to your NFT transactions. You agree that you are solely responsible for determining what, if any, Taxes apply to your NFT transactions and to withhold, collect, report and remit the correct amounts of Taxes to the appropriate taxing authorities. Unless otherwise indicated on an applicable invoice, any amounts due in respect of a NFT transaction are exclusive of sale, use, value added or similar Taxes (“Sales Taxes”) which shall be your responsibility. Any payments with respect to your NFT transactions shall be made without deduction or withholding for any Taxes, except as required by applicable law. If any applicable law requires the deduction or withholding of any Tax (a “Withholding Tax”) from any such payment then the sum payable by you shall be increased as necessary so that after such deduction or withholding has been made the amount received is equal to the sum that would have been received had no such deduction or withholding been made. Upon our request, you agree to promptly provide a properly executed Internal Revenue Service Form W-9 or applicable Internal Revenue Service W-8 and any other tax form that is reasonably required by us so to comply with our tax reporting obligations.
  • Intellectual Property Infringement: you agree not to
  • (1) engage in transactions involving items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the law;
  • (2) use BiblioZilla Content (as defined in Section 10 above) without express written consent from BiblioZilla; or
  • (3) engage in any action that implies an untrue endorsement or affiliation with BiblioZilla.
  • Hyperlinks: you are hereby granted a limited, non-exclusive, non-transferable, revocable license to create a text hyperlink to the Site for noncommercial purposes, provided that such link does not portray BiblioZilla, our affiliates, or the Services in a false, misleading, derogatory, or otherwise defamatory manner, and provided further that the linking site does not contain any adult or illegal materials, or other materials that is offensive, harassing, or otherwise objectionable.
  • Additional Prohibitions: you agree not to
  • (1) distribute, publish, broadcast, reproduce, copy, retransmit, or publicly display any Creator Content or Publisher Content;
  • (2) modify or create derivative works from the Site, Creator Content or Publisher Content, or any portion thereof;
  • (3) use any data mining, robots, or similar data gathering or extraction methods on the Site, Creator Content or Publisher Content;
  • (4) download any portion of the Site other than for purposes of page caching, except as expressly permitted by us.

If you are unsure whether a contemplated use would violate these Terms of Use, please contact us at the address listed below under Contact Information.

XV. Accidental Transfers

You understand and agree that in the event that you deposit digital assets or NFTs into an incorrect address, we may not have the ability, and are under no obligation or duty, to return such digital assets or NFTs to you. This section applies regardless of whether we control the destination address.

Please note: exceptions to this section may be considered and made on a case-by-case basis and in our sole discretion.

XVI. Privacy

You acknowledge and agree to the collection, use, and disclosure of your personal information in accordance with BiblioZilla’s Privacy Policy, which is incorporated into this User Agreement by reference.

XVII. Modifications

You agree and understand that we may modify part or all of BiblioZilla or the Services without notice.

XVIII. Risks

Please note the following risks in accessing or using BiblioZilla:

  • The price and liquidity of blockchain assets, including NFTs, are extremely volatile and may be subject to large fluctuations;
  • Fluctuations in the price of other digital assets could materially and adversely affect NFTs, which may also be subject to significant price volatility;
  • Legislative and regulatory changes or actions at the state, federal, or international level may adversely affect the use, transfer, exchange, and value of NFTs;
  • NFTs are not legal tender and are not backed by the government;
  • Transactions in NFTs may be irreversible, and, accordingly, losses due to fraudulent or accidental transactions may not be recoverable;
  • Some transactions in NFTs shall be deemed to be made when recorded on a public ledger, which is not necessarily the date or time that you initiated the transaction;
  • The value of NFTs may be derived from the continued willingness of market participants to exchange fiat currency or digital assets for NFTs, which may result in the potential for permanent and total loss of value of a particular NFT should the market for that NFT disappear;
  • The nature of NFTs may lead to an increased risk of fraud or cyber attack, and may mean that technological difficulties experienced by BiblioZilla may prevent the access to or use of your Digital Assets; Changes to Third Party Sites (discussed in Section 18 below) may create a risk that your access to and use of the Site will suffer.

You agree and understand that you are solely responsible for determining the nature, potential value, suitability, and appropriateness of these risks for yourself, and that BiblioZilla does not give advice or recommendations regarding NFTs, including the suitability and appropriateness of, and investment strategies for, NFTs. You agree and understand that you access and use BiblioZilla at your own risk; however, this brief statement does not disclose all of the risks associated with NFTs and other digital assets. You agree and understand that BiblioZilla will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using NFTs, however caused.

XIX. Third Parties

BiblioZilla may rely on third party platforms including, but not limited to, MetaMask to verify NFT ownership on the blockchain. Our Site may contain links to third party websites or applications (collectively, “Third Party Sites”). BiblioZilla does not own or control third party sites. You understand and agree that your use of any Third Party Site is subject to any terms of use and/or privacy policy provided by such Third Party Site. BiblioZilla is not a party to such an agreement. You should review the terms of use and/or privacy policy provided by this third party site and conduct any investigation you deem necessary or appropriate before proceeding with any transaction with a third party.

BiblioZilla provides these third party sites solely as a convenience and does not review, endorse, monitor, endorse, warrant or make any representations with respect to the third party sites, or their products or services. You use all links from third party sites at your own risk. When you leave our Site, our Agreement and policies no longer govern. We may, but are not obligated to, notify you that you are leaving our Site.

Certain transactions on our site may be facilitated and executed by Metamask. These transactions are governed by Metamask's Terms of Use and Privacy Policy.

XX. External Projects

Except for those NFTs sold by the BiblioZilla editions, BiblioZilla allows for the display, purchase, and sale of NFTs that were listed directly by a Publisher (“Publisher Projects”) or that were not initially sold through BiblioZilla (“External Projects”). BiblioZilla has the right, in its sole discretion, to determine the criteria that Publisher Projects and External Projects must meet before being allowed onto the BiblioZilla Platform and to remove any Publisher Projects or External Projects that do not comply with these Terms of Use or other requirements of BiblioZilla.

  • Creators of External Projects. If you are a Creator of an External Project, you will be entitled to the same share of sales of your NFTs on BiblioZilla as you would be on the platform that you initially released the NFTs on; provided, however, that: (i) you and your NFT Creations from External Projects comply with these Terms of Use; and (ii) you provide BiblioZilla with all information that it requests from you. By selling your NFT Creations from an External Project on BiblioZilla, you represent and warrant that you have all necessary licenses and permits to the artwork contained in your NFTs. As a Creator of an External Project, you grant BiblioZilla all licenses granted by Creators under these Terms of Use. Your proceeds will be delivered into your BiblioZilla account.
  • Owners of NFTs from External Projects. If you acquired a NFT from an External Project outside BiblioZilla, by transferring such NFT to your BiblioZilla account, you represent and warrant that you have all right and title to such NFT and that you have the right to display and/or sell such NFT on BiblioZilla.
  • Buyers of Publisher Projects and External Projects. You understand and agree that your purchase of a NFT from a Publisher Project or an External Project is made from the seller of such NFT and not BiblioZilla. BiblioZilla makes no representations or warranties with respect to NFTs from Publisher Projects or External Projects and all such purchases are made on an “as is” basis.

XXI. External Listings

BiblioZilla may display NFTs, including prices, made available by or obtained from platforms other than BiblioZilla (“External Listings”). These External Listings will be identified as such. While BiblioZilla endeavors to publish and maintain accurate pricing information for External Listings, it is not possible for BiblioZilla to guarantee the prices displayed for External Listing, which can be changed at any time. By purchasing an External Listing, you acknowledge and agree that BiblioZilla is in no way responsible for the accuracy, timeliness, or completeness of such External Listings.

If you choose to purchase a NFT from an External Listing, BiblioZilla will act as a facilitator in the acquisition of such NFT and transfer it to you. BiblioZilla will cease acting as facilitator as soon as such NFT is transferred to you.

To facilitate the acquisition of your External Listing, BiblioZilla will charge your method of payment, in addition to the price of the External Listing, any applicable charges for taxes and fees (an amount that will be disclosed to you before you elect to proceed). This charge includes an amount we pay on your behalf to recover the amount we pay to the External Listing platform in connection with your acquisition.

If BiblioZilla is unable to acquire a NFT from an External Listing for any reason whatsoever, BiblioZilla will cancel the transaction and your funds will be returned to you. IN NO EVENT WILL BIBLIOZILLA BE LIABLE FOR THE FAILURE TO ACQUIRE A NFT FROM AN EXTERNAL LISTING.

XXII. Disclaimers

YOUR ACCESS TO AND USE OF THE SERVICE IS AT YOUR OWN RISK. YOU UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND OPENSEA EXPRESSLY DISCLAIMS WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. BIBLIOZILLA (AND ITS SUPPLIERS) MAKE NO WARRANTY THAT THE SITE WILL

  • (1) MEET YOUR REQUIREMENTS;
  • (2) BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS;
  • (3) BE ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE.

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 SITE. BIBLIOZILLA DOES NOT REPRESENT OR WARRANT THAT CONTENT ON THE SITE IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE.

WHILE BIBLIOZILLA ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE SITE AND CONTENT SAFE, BIBLIOZILLA CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITE, CONTENT, ANY NFTs LISTED ON OUR SITE OR OUR 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 USE OF NFTs INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM:

  • (1) USER ERROR SUCH AS FORGOTTEN PASSWORDS, INCORRECTLY CONSTRUCTED TRANSACTIONS, OR MISTYPED ADDRESSES;
  • (2) SERVER FAILURE OR DATA LOSS;
  • (3) CORRUPTED WALLET FILES;
  • (4) UNAUTHORIZED ACCESS TO APPLICATIONS;
  • (5) ANY UNAUTHORIZED THIRD PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION THE USE OF VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK AGAINST THE SITE OR NFTs.

NFTs ARE INTANGIBLE DIGITAL ASSETS. THEY EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED IN THE ETHEREUM NETWORK. ANY TRANSFER OF TITLE THAT MIGHT OCCUR IN ANY UNIQUE DIGITAL ASSET OCCURS ON THE DECENTRALIZED LEDGER WITHIN THE ETHEREUM PLATFORM. WE DO NOT GUARANTEE THAT BIBLIOZILLA OR ANY BIBLIOZILLA PARTY CAN EFFECT THE TRANSFER OF TITLE OR RIGHT IN ANY NFTs.

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

Nothing in this Agreement 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.

TO THE FULLEST EXTENT PROVIDED BY LAW, BIBLIOZILLA 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 AND NON-INFRINGEMENT AS TO THE SITE AND CONTENT CONTAINED THEREIN.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

XXIII. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL BIBLIOZILLA BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM THIS AGREEMENT, THE SITE, 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 BIBLIOZILLA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITES, 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 BIBLIOZILLA ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT, THE ACCESS TO AND USE OF THE SITE, CONTENT, NTFs, OR ANY PRODUCTS OR SERVICES PURCHASED ON THE SITE EXCEED THE GREATER OF (A) $100 OR(B) THE AMOUNT YOU HAVE PAID TO BIBLIOZILLA FOR THE SERVICES IN THE LAST SIX MONTHS OUT OF WHICH LIABILITY AROSE. THE FOREGOING LIMITATIONS OF LIABILITY SHALL NOT APPLY TO LIABILITY OF BIBLIOZILLA FOR (A) DEATH OR PERSONAL INJURY CAUSED BY A MEMBER OF PUBLIRARE’S NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY A MEMBER OF PUBLIRARE’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.

XXIV. Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless BiblioZilla, 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 (individually and collectively, the “BiblioZilla 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) any intellectual property disputes relating to your Profile Information, Creator Content (if you are a Creator), or your Publisher Content (if you are a Publisher);
  • (b) your use or misuse of the Services, the Site, or NFTs,
  • (c) any Feedback you provide,
  • (d) your violation of these Terms of Use,
  • (e) your violation of the rights of a third party, including another user or MetaMask, and
  • (f) your failure to pay any Withholding Taxes or Sales Taxes in connection with your NFT transactions or to provide us with a properly executed tax form described in Section 13. You agree to promptly notify BiblioZilla of any third party Claims and cooperate with the BiblioZilla Parties in defending such Claims. You further agree that the BiblioZilla Parties shall have the right to control the defense or settlement of any third party Claims as they relate to BiblioZilla, if it so chooses. THIS INDEMNITY IS IN ADDITION TO, AND NOT IN LIEU OF, ANY OTHER INDEMNITIES SET FORTH IN A WRITTEN AGREEMENT BETWEEN YOU AND BIBLIOZILLA.

XXV. Termination

We reserve the right, without notice and in our sole discretion, to terminate your license to access or use BiblioZilla, the Services, or the Site, at any time and for any reason. You understand and agree that we shall have no liability or obligation to you in such an event.

XXVI. Severability

If any term, clause, or provision of these Terms of Use is held invalid or unenforceable, then that term, clause, or provision shall be severable from these Terms of Use and will not affect the validity or enforceability of any remaining part of that term, cause, or provision, or any other terms, clause, or provision of these Terms of Use.

XXVII. Entire Agreement

These Terms of Use comprise the entire agreement between you and BiblioZilla relating to your access to and use of BiblioZilla, the Services, and the Site, and supersede any and all prior discussions agreements, and understandings of any kind (including without limitation prior versions of these Terms of Use). Except as otherwise provided herein, these Terms of Use 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.

XXVIII. Survival

You agree and understand that all provisions of these Terms of Use shall survive the termination or expiration of these Terms of Use.

XXX. Miscellaneous

These Terms constitute the entire agreement between you and BiblioZilla relating to your access to and use of the Service. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of BiblioZilla, and BiblioZilla’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for reference only and shall not be read to have any legal effect.

The Service is operated by us in the European Union. Those who choose to access the Service from locations outside the European Union do so at their own initiative and are responsible for compliance with applicable local laws. You and BiblioZilla agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply to the interpretation or construction of these Terms.

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.

XXIX. Contact Information

If you have any questions, would like to provide feedback, or would like more information about BiblioZilla, please feel free to email us at contact-support@bibliozilla.com



END OF AGREEMENT