Terms & Conditions
Last updated: May 1st 2022
PLEASE READ THESE TERMS CAREFULLY AND MAKE SURE YOU UNDERSTAND THEM. BY ACCESSING OR USING THE SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ANY OF THESE TERMS, PLEASE DO NOT ACCESS OR USE THE SERVICE.
You represent and warrant that you have the legal power and authority to enter into these Terms. If you are using the Service on behalf of a company or other entity, then you represent and warrant that you have the necessary authority to bind that entity to these Terms.
1. Access to the Service
Your access to the Service is provided on an “as is” and “as available” basis. We provide the Service subject to the Terms set forth herein which may be changed from time to time, without notice, at our sole discretion. By continuing to use the Service you agree to be bound by these Terms. If you do not agree to the Terms, please do not access or use the Service.
These Terms, or any part thereof, may be subject to modification, additions or removals at any time. Such modifications, additions or deletions will be effective immediately upon posting. Your continued use of the Service after such posting shall mean your acceptance of such modifications, additions or deletions.
2. License to Use the Service
We grant you a personal, limited, non-exclusive, non-commercial, and non-transferable license to access and use the Service only as expressly permitted in these Terms. You are not allowed to use the Service for any illegal purpose or in any manner inconsistent with these Terms or any applicable laws and regulations. Any violation by you of the license provisions contained herein may give rise to immediate termination of your right to use the Service, as well as potential liability for copyright and other Intellectual Property Rights infringement depending on the circumstances.
You agree that you must not and will not permit any person to: a) resell, assign, transfer, distribute or provide others with access to the Service; b) “frame”, “mirror” or serve any part of the Service on any web server or other computer server over the Internet or any other network; c) copy, alter, modify, create derivative works from, reproduce, resell, transfer to a third party, reverse assemble, reverse engineer, reverse compile or enhance the Service; d) use of any data mining, robots or similar data gathering or extraction methods, or e) alter, remove or tamper with any trademarks, any patent or copyright notices, or any confidentiality notice, or anything else used in relation to the Service.
Any use of the Service other than as specifically authorized herein, without our prior written permission is strictly prohibited and will terminate the license granted herein.
3. Accepted Use Policy
You may only use the Service in accordance with applicable laws and regulations. You acknowledge and agree that you must not attempt to gain unauthorized access to any part of the Service, the server on which the Service or any part of it is stored, or any other server, computer, or database connected to the Service. You may not use a denial-of-service attack (DoS), a distributed denial-of-service attack (DDoS), or any other method to attack us.
Please be aware that you may be committing a criminal offense under applicable laws if you violate these Terms. Any and all breaches will be notified to the appropriate law enforcement agencies, and we will fully comply with them by disclosing your identity, where relevant.
We expressly exclude any and all liability arising out of any actions, including without limiting to those set out above, that we may take in response to breaches of these Terms.
4. Intellectual Property Rights
IP Rights. All content, excluding the User Content, included in the Service (including photos, graphics, animations and all user-facing material, and all underlying material such as code, software and databases) and the copyright and other intellectual property rights in that content belongs to or has been licensed by us, except where specifically labeled otherwise. All content is protected by applicable national and international intellectual property laws and treaties.
You are not allowed to reproduce, copy, sell, distribute, rent, sub-license, store, or in any other manner reuse content of the Service unless there is an express written permission to do so provided to you by us.
You are not allowed to use our trademarks, logos, trade names, service marks, domain names, and other distinctive brand features, regardless of whether they are registered or not.
User Content. Certain areas of the Service allow you to post your data and other content, including images, logos, and graphics (collectively the “User Content”). Except as otherwise provided in these Terms, we claim no ownership or control over any User Content. All User Content, including the copyright and other intellectual property rights in the User Content belongs to or has been licensed to their respective users.
However, by submitting or posting User Content to the Service, you grant us a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content on the Service and on third-party sites.
We will never use such User Content for any commercial purposes other than using them in the provision of the Service. In the event we need to use your User Content for a commercial purpose, then we will contact you directly to obtain permission before we use your User Content for our own commercial purposes.
IP Complaints. Just like how we require others to respect our intellectual property rights, we respect the intellectual property rights of others. If you happen to believe that a content located on the Service violates your copyright, or any other intellectual property right we encourage you to notify us about this. We will, to the best of our ability, respond to all intellectual property infringement notices and take appropriate actions including removing the infringing content.
5. Your Feedback
If you submit any comments, feedback, suggestions, ideas and other submissions to us with respect to your use of or otherwise relating to the Service, whether in writing or orally (collectively, “Feedback”), you agree, in consideration of your access to and use of the Service, that we may use such Feedback (including reproduce, distribute, perform and display), modify such Feedback, and act on such Feedback (by executing on an idea, practicing a process, making, offering and selling a product, or creating further ideas, processes or products from or incorporating your Feedback), in each case without owing any royalty or otherwise accounting to you, and you agree to not assert any right you may have in such Feedback against us or any party we authorize to act on the foregoing rights or any successor-in-interest to us.
You acknowledge and agree that such rights may be exercised or further authorized anywhere in the world and will survive any termination of the Service, or the current Terms between you and us. You represent and warrant that any Feedback is your own creation, that you have all rights to such Feedback, and that the Feedback does not infringe the rights of any party, including without limitation any intellectual property rights or rights or privacy or publicity.
6. Links to Third-Party Sites
The Service may contain links to third party websites and services (collectively the “Third-Party Sites”). These Third-Party Sites are not controlled or owned by us. You hereby acknowledge and agree that NFTSHIELDPRO shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, information and privacy practices of any such third-party websites. We strongly encourage you to read the privacy policies of any website or service you visit.
No Warranty. You acknowledge and unequivocally agree that access to and use of the Service is at your sole risk. The use of Service is provided on an “as is” and “as available” basis without making warranties of any kind, either express or implied, including warranties of merchantability or fitness for a particular purpose. Without limiting the foregoing, neither NFTSHIELDPRO nor its affiliates or subsidiaries, or any of their shareholders, directors, employees, service providers, agents, attorneys, third-party content providers, distributors, licensees or licensors, nor anyone who has been involved in the creation, production, or delivery of the Service (collectively, “NFTSHIELDPRO Parties”) warrant that the Service, including the information made available through the Service, will be uninterrupted, uncorrupted, complete, accurate, reliable, timely, or error-free. Further NFTSHIELDPRO Parties disclaim that any defects will be corrected, or that the pages or the server that makes the Service available are free from viruses, worms or other harmful or disruptive code, mechanism and program.
No Financial Advice. All information displayed on the Service is provided for informational purposes only and is not intended to provide and shall not constitute professional advice of any nature, including investment advice, financial advice, trading, legal, tax or other advice. Nothing contained on the Service constitutes a solicitation, recommendation, endorsement, or offer by Nftshieldpro or any third party service provider to buy or sell any NFTs or other financial or similar products in this or in any other jurisdiction in which such solicitation or offer would be unlawful under the securities laws of such jurisdiction.
NFTSHIELDPRO and its third-party providers are not responsible for any errors, incompleteness, inaccuracies, delays or actions taken depending on the information contained therein. Before making any decisions based on any information or other content on the Service, you alone are responsible for evaluating the merits and risks associated with utilizing such information. In exchange for using the Service, you agree not to hold Nftshieldpro, its affiliates or any third party service provider liable for any possible claim for damages arising from any decision you make based on information or other content made available to you through the Service.
Reliance on Third-Party Information. When you visit official websites or official social media pages of projects, you will receive an alert either stating that the project is verified or that we do not know of such a project. It should not, in any way, be understood that the project is fraudulent or illegal. It should rather be understood that we have no data about the project in question. We avoid making a judgment on any project as to whether it is illegal or fraudulent.
Since we rely on third-party information for the data we collect about projects, or our partners submit to us we may sometimes commit errors, despite the fact that we employ any and all measures within our capabilities to prevent such errors. If you believe that we have made a mistake you can contact us to help us correct our mistake. Information we collect from third-parties may not always be accurate, up-to-date and complete. That is why you shall acknowledge and agree that your reliance on the information we provide to you is always at your own risk and that you are the sole decision-maker.
Right to Reject. You can submit a new project to us using the tools available on the Service. When you submit a new project, the decision to accept the project is not guaranteed. We, at our sole discretion, ultimately decide whether to accept the project. Our decision to reject your submission shall not give rise to any claim of yours against us, whether financial or moral.
8. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE OR ANY OF OUR OFFICERS, DIRECTORS, REPRESENTATIVES, AGENTS, EMPLOYEES, CONSULTANTS, LAWYERS, AND OTHER PERSONNEL AUTHORIZED TO ACT ON OUR BEHALF BE LIABLE TO YOU UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL OR EQUITABLE THEORY, FOR: (A) ANY LOST REVENUE, DATA LOSS, LOSS OF ANTICIPATED PROFITS, OR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER RESULTING FROM: (I) YOUR USE OF, OR CONDUCT IN CONNECTION WITH, THE SERVICE; (II) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; OR (III) ANY BUGS, VIRUSES, TROJAN HORSES, OR ANY OTHER HARMFUL AND DISRUPTIVE CODE THAT ARE FOUND IN THE SERVICE OR THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, REGARDLESS OF THE SOURCE OF ORIGINATION, OR (B) ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF THE GREATER OF EUR 100.00.
THESE LIMITATIONS APPLY REGARDLESS OF LEGAL THEORY, WHETHER BASED ON TORT, STRICT LIABILITY, BREACH OF CONTRACT, BREACH OF WARRANTY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to indemnify and hold NFTSHIELDPRO and its officers, employees, and agents harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (i) your use of the Service, (ii) your violation of these Terms, or (iii) your violation of applicable laws or regulations.
We retain the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
10. Governing Law and Jurisdiction
These Terms, their subject matter and their formation are governed by the laws of Israel and appropriate courts in Israel will have exclusive jurisdiction over any claim arising from, or related to, these Terms or the Service.
Sponsors. In order to ensure sustainable maintenance and support of our project we may use sponsors and advertisements on the Service. By using the Service you acknowledge and agree that NFTSHIELDPRO shall not be responsible for the products/services advertised on the Service and that it is your sole responsibility to ensure the quality of the product/service you choose to purchase.
Severability. In the event any provision of these Terms becomes invalid or unenforceable for any reason, including being rendered invalid by a court decision, the remaining parts of the Terms will remain valid and enforceable.
Termination Rights. We reserve the right, without notice and in our sole discretion, to terminate the Service, in whole or in part, and/or your license to use the Service, and to block or prevent your future access to, and use of, the Service, at our sole discretion.
13. Contact Us
You may want to contact us for questions, complaints, requests you might have. You can use the following contact details to reach us: