Terms and Conditions of Service
Last Revised: April 14, 2021
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
You must provide all equipment and software necessary to connect to the Site and participate in the Auction, including but not limited to, a mobile device that is suitable to connect with and use the Site and services, in cases where the Site offers a mobile component. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing the Site, the services of the Site and/or the Auction. Notwithstanding anything to the contrary in these Terms of Service, the Site and the Auction may include software components provided by BZR,their affiliates or a third party that are subject to separate license terms, in which case those license terms of service and privacy policies will govern such software components and your use of the Site. By participating in the Auction on the Site, you consent to receive electronic communications from BZR (e.g., via email or by posting notices to the Service). These communications may include notices about the Auction and the Site. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. We 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. YOUR CONDUCT You agree that you will not violate any law, contract, intellectual property or other third party right, and that you are solely responsible for your conduct and any consequences thereof, while accessing or using the Site and/or participating in the Auction. You agree that you will abide by the following terms and will not: a. Provide false or misleading information to BZR; b. Use or attempt to use another user’s Account without authorization from such user and BZR; c. Create or list counterfeit items; d. Pose as another person or create a misleading username and/or impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; e. Manipulate the price of the NFT in any way including without limitation, placing misleading bids or offers, preventing bidding, bidding on your own items or using the Site to conceal economic activity; f. Use the Site in any manner that: could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Site, or that could damage, disable, overburden or impair the functioning of the Site in any manner; Develop, utilize, or disseminate any software, or interact with any API in any manner, that could damage, harm, or impair the Site; Reverse engineer any aspect of the Site, or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any Site, area or code of the Site; Attempt to circumvent any content-filtering techniques we employ, or attempt to access any feature or area of the Site that you are not authorized to access; Use any robot, spider, crawler, scraper, script, browser extension, offline reader or other automated means or interface not authorized by us to access the Site, extract data or otherwise interfere with or modify the rendering of Site pages or functionality; g. Email or otherwise upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or (vii) in the sole judgment of BZR, is objectionable or which restricts or inhibits any other person from using or enjoying the Platform, or which may expose BZR or its users to any harm or liability of any type; h. Use the Site for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms of Service; Violate any applicable local, state, national or international law, or any regulations having the force of law, including but not limited to the U.S. Department of Treasury’s Office of Foreign Assets Control (“OFAC”), or which would involve proceeds of any unlawful activity; or use the Site to carry out any illegal and/or criminal activities or enterprises or provide instructional information about, including but not limited to money laundering, terrorist financing, for the purpose of concealing economic activity or deliberately engaging in activities designed to adversely affect the performance of the Site; i. Use data collected from our Site to: contact individuals, companies, or other persons or entities; Use data collected from our Site for any direct marketing activity (including without limitation, email marketing, SMS marketing, telemarketing, and direct marketing); send unsolicited emails or other unsolicited communications; solicit personal information from anyone under the age of eighteen (18); j. Use the Site to carry out any financial activities subject to registration or licensing, including but not limited to creating, listing, or buying securities, commodities, options, real estate, or debt instruments; or Your Responsibilities: You agree that you shall be responsible for the following:
Creators hereby acknowledges, understands, and agrees that selling the NFT on the Site constitutes an express representation, warranty, and covenant that the Creator has not, will not, and will not cause another to sell, tokenize, or create another cryptographic token representing a digital collectible for the same NFT.
The Creator hereby acknowledges, understands, and agrees that launching an NFT on the Site constitutes an express and affirmative grant to BZR, its affiliates and successors a non-exclusive, world-wide, assignable, fully paid up, transferable, sublicensable, perpetual, royalty-free and irrevocable license to make copies of, display, perform, reproduce, upload, modify, store, distribute and otherwise use the NFT on any media whether now known or later discovered for the broad purpose of operating, promoting, sharing, developing, marketing, and advertising the Site, or any other purpose related to BZR and/or the Site, including without limitation, the express right to: (i) display or perform the NFT on the Site, a third party platform, social media posts, blogs, editorials, advertising, market reports, virtual galleries, museums, virtual environments, editorials, or to the public; (ii) create and distribute digital or physical derivative NFT’s based on the NFT; (iii) indexing the NFT in electronic databases, indexes, catalogues; and (iv) hosting, storing, distributing, and reproducing one or more copies of the NFT within a distributed file keeping system, node cluster, or other database (e.g., IPFS) or causing, directing, or soliciting others to do so.
Creators expressly represent and warrant that their NFT listed on the Site contains only original content otherwise authorized for use by the Creator, and does not contain unlicensed or unauthorized copyrighted content, including any imagery, design, audio, video, human likeness, or other unoriginal content not created by the Creator, not authorized for use by the Creator, not in the public domain, or otherwise without a valid claim of fair use, the Creator further represents and warrants that it has permission to incorporate the unoriginal content.
Collectors receive a cryptographic token (that will be transferred to Collector’s digital wallet) representing the Creator’s NFT as a piece of property, but do not own the creative work itself. Collectors may display and share the NFT, but Collectors do not have any legal ownership, right, or title to any copyrights, trademarks, or other intellectual property rights to the NFT, excepting the limited license to the NFT granted by these Terms of Service. Upon collecting a NFT, Collectors receive a limited, worldwide, non-assignable, non-sublicensable, royalty-free license to display the NFT legally owned and properly obtained by the Collector.
The Collector’s limited license to display the NFT, includes, but is not limited to, the right to display the NFT privately or publicly: (i) for the purpose of promoting or sharing the Collector’s purchase, ownership, or interest, (ii) for the purpose of sharing, promoting, discussing, or commenting on the NFT; (iii) on third party marketplaces, exchanges, platforms, or applications in association with an offer to sell, or trade, the NFT; and (iv) within decentralized virtual environments, virtual worlds, virtual galleries, virtual museums, or other navigable and perceivable virtual environments. The Collector may download the full-sized NFT to display or print for personal use only.
Collectors have the right to sell, trade, transfer, or use their NFT, but Collectors may not make “commercial use” of the NFT.
All sales are final. The Collector agrees that it may not, nor permit any third party, to do or attempt to do any of the foregoing without the Creator’s express prior written consent in each case: (i) modify, distort, mutilate, or perform any other modification to the NFT which would be prejudicial to the Creator’s honor or reputation; (ii) use the NFT to advertise, market, or sell any third party product or service; (iii) use the NFT in connection with images, videos, or other forms of media that depict hatred, intolerance, violence, cruelty, or anything else that could reasonably be found to constitute hate speech or otherwise infringe upon the rights of others; (iv) incorporate the NFT in movies, videos, video games, or any other forms of media for a commercial purpose, except to the limited extent that such use is expressly permitted by these Terms of Service or solely for your Collector’s personal, non-commercial use; (v) sell, distribute for commercial gain, or otherwise commercialize merchandise that includes, contains, or consists of the NFT; (vi) attempt to trademark, copyright, or otherwise acquire additional intellectual property rights in or to the NFT; (vii) attempt to mint, tokenize, or create an additional cryptographic token representing the same NFT, whether on or off of the BZR Site; (viii) falsify, misrepresent, or conceal the authorship of the NFT; or (ix) otherwise utilize the NFT for the Collector’s or any third party’s commercial benefit. Collector irrevocably releases, acquits, and forever discharges BZR and its subsidiaries, affiliates, officers, and successors of any liability for direct or indirect copyright or trademark infringement for BZR’s use of a NFT in accordance with these Terms of Service. Further, Collector agrees that Collector must evaluate, and bear all risks associated with, the use of any content and the purchase of any NFT, including any reliance on the accuracy, completeness, or usefulness of such content. BZR Intellectual Property You acknowledge and agree that the content, including without limitation, the text, graphics, photographs, sounds, music, videos, programs, episodes, images, illustrations, designs, audio clips, video clips, metadata, data or compilations, software, source code, interactive features audio and combined audiovisual programs, films and the trademarks, service marks, logos, art, artwork, audiovisual works, contained on the Site (collectively “Site Content”) are owned by or licensed to BZR in perpetuity and are subject to copyright, trademark, and/or patent protection in the United States and foreign countries and other intellectual property rights under United States and foreign laws. No Content from this Site may be copied, reproduced, republished, uploaded, posted, transmitted, distributed or used to create new works from in any way without the express written permission of BZR. No right or license under any copyright, trademark, patent, or other proprietary right or license is granted by this Agreement and this Agreement does not transfer ownership of any rights in and to the Content. Additionally, all other trademarks, registered trademarks, product names and artist’s names or logos mentioned, shown, appearing and displayed 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 applicable trademark holder. Reference to any products, services, processes or other information by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by BZR. Anyone who displays, reproduces, copies, creates derivative works or sells our Content for commercial or non-commercial purposes without permission from BZR violates this Agreement and the copyright laws and is liable for copyright infringement. Any person who uses BZR’s marks for commercial or non-commercial purposes without BZR's permission on goods or for services is liable for trademark infringement. You agree to abide by all copyright notices, information and restrictions contained in any Content. You may choose to submit comments, bug reports, ideas or other feedback about the Site, including without limitation about how to improve the Site and/or the Auction (collectively, “Feedback”). By submitting any Feedback, you agree that we are free to use such Feedback at our discretion and without additional compensation to you, and to disclose such Feedback to third parties (whether on a non-confidential basis, or otherwise). You hereby grant us a perpetual, irrevocable, nonexclusive, worldwide license under all rights necessary for us to incorporate and use your Feedback for any purpose. THIRD PARTY SERVICES AND MATERIAL The Site may contain links to third-party websites (“Third-Party Websites”) and applications (“Third-Party Applications”). When you click on a link to a Third-Party Website or Third-Party Application, we will not warn you that you have left our Site and are subject to the terms and conditions (including privacy policies) of another website or destination. Such Third-Party Websites and Third-Party Applications and are not under the control of BZR. BZR is not responsible for any Third-Party Websites or Third-Party Applications. BZR provides these 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 to Third-Party Websites or Third-Party Applications, or their products or services. You use all links in Third-Party Websites, and Third-Party Applications at your own risk. When you leave our Site, our Terms of Service and policies no longer govern. You should review all applicable agreements and policies, including privacy and data gathering practices, of any Third-Party Websites or Third-Party Applications, and should make whatever investigation you feel necessary or appropriate. BZR will not be liable in any way and under any circumstances for any content or materials of any third parties (including Users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. Without limiting the foregoing, BZR and its designees will have the right to remove any content that violates these Terms of Service or is deemed by BZR, in its sole discretion, to be otherwise objectionable.
RIGHTS GRANTED TO BZR AND THE SITE
By submitting, posting, uploading or displaying NFTs, materials and content on or through the Site or share with other uses or recipients (collectively “User Content”), you hereby grant and will grant BZR and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Site or the promotion, advertising or marketing thereof in any form, manner, method, medium or technology now known or later developed, invented, created or discovered (collectively “Media”) throughout the world in perpetuity. Further, you also give BZR permission to display, publish, exhibit and use your name and biography if BZR so chooses in its sole discretion, next to or in connection with the User Content in any and all Media throughout the world in prepetuity.
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 Content that you submit, post or display on or through the Site. You agree that such User Content will not contain material subject to copyright or other proprietary rights, unless you have necessary permission or are otherwise legally entitled to post the User Content and to grant BZR the license described above. BZR reserves the right to remove User Content without prior notice. BZR will take down works in response to formal infringement claims and will terminate a User's access to the Site if the User is determined to be a repeat infringer.
REPORTING INTELLECUTAL PROPERTY CLAIMS
BZR is committed to protecting individual’s and entity’s intellectual property rights. In the event you feel that you have a claim for a copyright or trademark infringement with respect to the User Content that is contained on the Site, a notification of claimed copyright infringement should be emailed to BZRs Copyright Agent at firstname.lastname@example.org (Subject line: “DMCA Takedown Request”).
BZR will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement.
Please provide us with the following information. Please be advised that to be effective, your notice to us in connection with the alleged copyright or trademark infringement must include ALL of the following:
ARBITRATION; DISPUTE RESOLUTION
Dispute Resolution. Please read the following arbitration agreement in this Section (“Arbitration Agreement”) carefully. It requires you to arbitrate disputes with BZR and limits the manner in which you can seek relief from us.
You and BZR agree that any and all disputes or controversies related in any manner to this Arbitration Agreement, Terms of Service, the Site and/or arising hereunder or any of the terms of the latter and/or any effort by any party to enforce, interpret, construe, rescind, terminate or annul the Terms of Service or any provision thereof (including the determination of the scope or applicability of the Terms of Service to arbitrate; any claims concerning the validity, effect or violation hereof; violation of any Federal, State or local law or any tort, and any other aspect relating to this Agreement) shall be resolved by binding arbitration before a single, neutral arbitrator who shall be a retired judge of a State or Federal court who is selected using the process set forth in JAMS Comprehensive Arbitration Rules & Procedures. All arbitration proceedings shall be conducted under the auspices of JAMS, under its Comprehensive Arbitration Rules & Procedures through its Los Angeles, California office and shall be conducted in the County of Los Angeles. This Arbitration Agreement, Terms of Service and the rights of the BZR and you hereunder shall be governed and construed in accordance with the laws of the State of California exclusive of conflict or choice of law rules. BZR and you agree that the arbitration proceedings, testimony, discovery and documents filed in the course of such proceedings, including the fact that the arbitration is being conducted, will be treated as confidential and will not be disclosed to any third party. However, if an award is not paid within thirty (30) days of issuance, then the prevailing party shall be entitled to seek confirmation of the award in the California Superior Court for the County of Los Angeles in which case the prevailing party may only submit the award to the court. Additionally, either BZR or you may appeal the award of the arbitrator for any reason, and in such event, the appeal shall be to the Los Angeles Superior Court, and the confidentiality terms of this Agreement shall be waived with respect to the filing of any such appeal and to the hearing of any such appeal to the Los Angeles Superior Court. BZR and you shall each bear its own attorney fees in connection with any arbitration hereunder, and BZR and you agree to pay equally for and to fund in advance upon request from the arbitrator the fees that are payable to the arbitrator in connection with the dispute; however, the arbitrator shall have the right to order that the prevailing party be reimbursed by the losing party for any fees that the prevailing party has paid to the arbitrator.
Waiver of Jury Trial. YOU AND BZR HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and BZR are instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement.
Waiver of Class or Other Non-Individualized Relief. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND BZR AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING.
BZR is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at email@example.com If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to BZR should be sent to 3815 Hughes Avenue, Culver City, California 90232 (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If BZR and you do not resolve the claim within ninety (90) calendar days after the Notice is received, you or BZR may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by BZR or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or BZR is entitled. All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties. MISCELLANEOUS PROVISIONS If any provision of these Terms of Service shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions of these Terms of Service. These Terms of Service constitute the entire agreement between BZR and you relating to your use of this Site, the NFTs, the User Content and your participation in the Auction. The failure of BZR to exercise or enforce any right or provision of the Terms of Service shall not operate as a waiver of such right or provision. The section titles in the Terms of Service are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms of Service 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.
If you have any questions about this Agreement, please contact us via email at firstname.lastname@example.org
Last Revised: April 14, 2021
Collection of Personal Information We receive several types information about you from the following sources: A. Information and Content You Give Us. We collect the following personal information that you knowingly disclose to us, including:
Your Rights Under the CCPA The CCPA grants you the following rights:
In order to exercise your rights, you may need to verify your identity by providing additional information before we can process your request. You may exercise these rights on your behalf or you can designate an authorized individual to act on your behalf. If you are requesting that another authorized person act on your behalf, we will need to have written permission from you and may need verification of such authorized individual’s identity. In some instances, we may decline to honor your request where an exception applies, such as where the disclosure of personal information would adversely affect the rights and freedoms of another California resident. To exercise your rights, please contact: email@example.com