Terms of Service

Last Updated:

March 1st, 2023

Scope

These Terms of Service (hereinafter Terms) establish an agreement between any visitor, user or entity (hereinafter You, Your, User) and NiFTyLIFE, LLC, (hereinafter We, Us, Our). These Terms govern your use of the website located at URL https://chainflex.io (hereinafter Website) in addition to all software and services associated therewith (hereinafter Services, Platform).
Using the Services or the Website in any way establishes that You have fully read, understand, and agree to the Terms. The Services are provided to You and operate through front-end and back-end software, including databases and smart contracts, some of which We own and some which is owned by third parties.
The Services cannot operate independently; therefore, You understand and accept all risks associated with the Services under any circumstance, including when the operation of the Services is impacted by software controlled by Us or by a third party. The Services may cease to operate at any time and this is out of Our control.
Subject to the Terms, You may use the Services to interact with Fungible and Non-Fungible Tokens (hereinafter Tokens) held by accounts controlled by You or other Users. Your accounts are maintained by digital ledgers enabled through blockchain technology that is not owned or controlled by Us.
Therefore, You agree that Our Services are limited to providing an interface allowing Users to interact exclusively with each other or the Tokens they own as they appear on digital ledgers. Such interaction may involve querying, viewing, trading, buying, selling, or performing any other transaction made possible by blockchain technology. At no time are We or do We become a party to any transaction You perform using the Services.
The Services herein provided are strictly for entertainment and informational purposes only. When you complete a transaction through Our Services any price or value gained or paid by You is the result of an independent decision made by You and agreed upon by a third party, if any, and without interference or influence by Us.
Therefore, You agree that We provide decentralized Services for Your entertainment and information and in no way do we act as a trader, contractor, broker, seller, financial institution or credit provider.
We reserve the right to add or remove Services support for any blockchain technology, token creator, artist, game, or any Tokens as they relate to a blockchain technology, cryptocurrency, or otherwise. Our decision to support or not support any technology or Tokens in this paragraph, in these Terms, or in the Services, is not intended to and should not be interpreted as implying value of any kind.

User Acknowledgements

All transactions on the Platform are conducted in Tokens represented on digital ledgers that are owned or operated by third parties. We are neither part of nor directly affiliated with any such third party organization. Therefore, We cannot guarantee the availability of any such blockchain technology, including any technical software elements nor its proper functioning with regard to individual transactions. This specifically includes situations where a third party receives unauthorized access to any transactions, assets, accounts, or files (hereinafter “Hacking”).
In addition, all transactions resulting in primary and secondary market sales, listings, offers, bids or acceptances on the Platform are based on smart contracts and blockchain technology, including non-fungible tokens, cryptocurrencies, consensus algorithms, and decentralized or peer-to-peer networks and systems that lack a 100% technical perfection guarantee by design. Users therefore acknowledge and agree that such technologies can contain inherent technology and speculation risks. By using Our Platform You agree that you understand and accept those risks.
The User understands that We do not own nor control any other third party website, product, or service that Our Services might access, visit, or use outside of the Website. You agree that We are not liable for the acts or omissions of any third party, nor are We liable for any damage that You may suffer because of your transactions or any other interaction with any such third parties or Our Services.
On Our Website Users can make transactions to buy, sell, harvest, or otherwise obtain Tokens on a supported blockchain. Such transactions are legally binding and cannot be reversed. You must ensure the details and accuracy of every transaction before you authorize it and understand the risks inherent with blockchain transactions, such as unauthorized access of accounts controlled by You, website spoofing, and link phishing, among others.
In the event You do not understand and accept these Terms or any of the risks associated with using this Website, You agree that Your license to use Our Services is thereby revoked and forfeited. Upon such revocation You are to cease using Our Platform.

User Accounts

You may not use the Website or the Services if you are under eighteen years of age.
To access the Services and authorize transactions You need a user account on the blockchain of your choice connected to an electronic wallet. The User can choose between several electronic wallets to create, use, and manage an account on the blockchain and authorize transactions using the different cryptocurrencies and Tokens.
Users are solely responsible for the security of their account and their own wallets. In case of any breach of security, loss, theft or unauthorized use of Your account or access to the Website, please notify us immediately at [email protected].

Pricing and Fees

Users acknowledge the risk that the value of an item purchased on the Website or in course of any transaction may be influenced by factors outside of Our control.
We do not guarantee the accuracy or adequacy of price data or the price paid for any item sold or offered for sale through our Services. Fluctuations in the price of digital assets could materially and adversely affect the item, which may also be subject to significant price volatility. In addition, third party software that our Services interact with could report out-of-date price or Token data at any time and this is beyond our control.
Fees are collected on most blockchain transactions. Fees can be 1%-2% of the total sale price that is transferred by the smart contract without the involvement of the seller or buyer at any point during the transaction. Additional fees may include royalties paid to the creator of the item, gas fees, or subscription fees for Our Services. By using Our Services, the User hereby acknowledges, consents to, and accepts all automated fees, commissions, and royalties for the sale of Tokens and to subscription fees as discussed below.

Subscription Fees

Some of Our Services may require a subscription fee to be paid or maintained by the User. You agree not to use or attempt to use Our subscription based services without understanding and paying for them according to Our pricing tiers.
In the event Our Services require a subscription fee, You agree and understand that smart contracts will enforce Your account status. This may require an additional empty transaction to be authorized by You which allows us to monitor and provide You access to fee based Services.
When accessing a fee based service You acknowledge that transactions may fail if your account subscription is not current; however, at times fee based transactions may not fail and Your account may be permitted to use fee based Services without having to pay the fee. Under such circumstances You agree that no right has been gained by You to use the Services and that such unpaid use of paid services may cease at anytime pursuant to Our sole discretion.

User Obligations and Liabilities

The User agrees to access the Website and use Our Services only for purposes that qualify as legal, non-misleading and in accordance with these Terms and any applicable laws or regulations.
You may NOT send, upload, transmit, post, distribute, disseminate, or otherwise make available through Our Website any unlawful, defamatory, harassing, abusive, fraudulent, obscene, or otherwise objectionable content or content containing any objectionable material that could potentially violate any criminal laws or other applicable laws as well as content that infringes the intellectual proprietary or legal rights of any third party.
You may NOT modify, adapt, translate, or reverse engineer any portion of Our Website or engage in any attack, hack, denial-of-service attack, interference, or exploit of any related service.
You may NOT use Our Services to create or place intentionally misleading bids or offers.
In addition, Users are solely responsible for determining which, if any, local rules, regulations and tax levies apply to any transactions (including, without limitation, any taxes that may become due as the result of the ownership, transfer, purchase, sale, or creation of any items) based on their legal place of residence.
Failure to abide by these and the following Terms may result in suspension of Your access to Our Services or any other aspect of this Website. If You become aware of the creation, listing, or buying of assets in violation of any of the Terms, you shall contact us at [email protected] to report it.
The User agrees to indemnify Us and hold harmless Us and Our affiliates from and against any and all claims, costs, proceedings, demands, losses, damages, and expenses (including, without limitation, reasonable attorney fees and legal costs) of any kind or nature, arising from or relating to, any actual or alleged breach of these Terms by You, a co-conspirator, or anyone using your account. If We assume the defense of such a matter, You will reasonably cooperate with Us in such defense.

Our Obligations and Liabilities

Our liabilities for damages are limited to the fees received by Us and Paid by You in relation to the transaction, subscription, or other part of the Services that are the subject of your dispute. If no fee was collected by Us or paid by You then Our liability is specifically limited to one United States Dollar.
The inherent nature of any blockchain technology supported by the Services is the availability of publicly viewable digital ledgers. These ledgers can be viewed by You or Us and used to trace every transaction on the respective blockchain. As such they serve as conclusive evidence regarding any amounts in sales or subscription fees paid by You and received by Us.
To the extent permitted by law We specifically disclaim all warranties, fitness for purpose, and products liability. We make no representations or warranty, express or implied. Your use of the Website and Services are solely at your own risk.
To the extent the Website or Services contain links to or the display of the content, images, Tokens, or cryptocurrency of third parties or blockchain providers; We do not warrant, endorse, or assume liability for the same.

Intellectual Property

NiFTyLIFE, LLC owns all legal rights in and to all elements of the Website, including designs, systems, content, code, software and customer base.
The User retains all ownership rights to any content submitted, posted or displayed using the Services. However, by submitting, posting, or displaying cryptocurrency, digital content, Tokens, or assets on or through Our Website, the User grants Us a worldwide, non-exclusive, royalty-free right to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute such content in any and all media or networks.
The User represents and warrants to have obtained all rights, licenses, consents, permissions, power and or authority necessary to grant the rights granted herein for any items submitted, posted, or displayed on the Platform or through the Services.

Privacy

Please refer to our Privacy Policy for information about how we process (e. g. collect, store, use and share) information in connection with the use of the Platform.

Miscellaneous

These Terms may be modified or replaced by Us at any time and for any reason. Changes or modifications are effective immediately upon posting the revisions on the Website.
Neither You or Us may assign or transfer any rights or obligations under these Terms without the prior written consent of the other party.
These Terms, Your access to and use of the Services on this Website shall be governed by, construed, and enforced in accordance with the laws of the State of New York.