THESE TERMS AND CONDITIONS CONTAIN IMPERATIVE INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS AS WELL AS OTHER CONDITIONS AND LIMITATIONS THAT MIGHT APPLY TO YOU.
PLEASE READ IT CAREFULLY.
ACCEPTANCE OF TERMS
Please Read these terms carefully. By utilizing our Platform or any part of it, you are concurring to be bound by all of these terms. In case you do not concur with any of these Terms you may not utilize the Platform. This Agreement contains an Arbitration Provision (Article 21), which you should read carefully, because it impacts your rights. While you utilize our Platform you concur to be bound by the Arbitration Agreement.
Stickito NFTs is a platform that permits users the opportunity to buy, collect, display, exchange and sell digital blockchain collectibles, including, without limitation, non-fungible tokens (NFTs) made by Stickito ("Stickito", "we", "our") “us”, and its subsidiary companies. These Terms and Conditions ("Terms") apply to any websites, applications (portable or something else) and online services (collectively, the “Services”) where the Platform is accessible. These Terms constitute a lawfully binding agreement (the “Agreement”) between you (herein referred as “You” or “Your”) and Stickito governing your use of the Platform.
You assure that you are an individual over the age of 18. The Platform is not intended for anyone beneath the age of 18 and you shall not use it if you ae beneath the age of 18. In the case we get informed or suspect that you are beneath 18, we will deactivate your account.
When you do enroll with us, you concur to supply precise, current and complete information about yourself and your location as prompted (such data being the "Enrollment Information") and to maintain and promptly update the Enrollment Information to keep it precise, current and complete. In the event that you give any data that is inaccurate, not current or deficient, or in case that Stickito has reasonable grounds to suspect that such data is inaccurate, not current or deficient, Stickito may deactivate your account in its sole discretion. You accept and concur that Stickito is not and will not be liable for any loss or damage to you or anybody else emerging from your failure to comply with this Article 2.
ACCOUNT PASSWORD AND SECURITY
You concede and concur that Stickito is authorized to act on instructions acquired through use of your Credentials, which Stickito may, but is not compelled to, deny access or block any exchange made through use of your Credentials without prior notice in case we suspect your password is being used by somebody other than you, or for any other reason.
You are responsible for the security of your account. When enrolling in the Platform, you may be required to choose a username and password that will be used to get to your account. You're exclusively responsible for keeping up the privacy of your password, private keys or other access credentials (“Credentials”) and for any use of your Credentials, whether by you or others. You concur to (a) keep your Credentials private and not share them with anybody else; (b) promptly inform Stickito of any unauthorized use of your Credentials or account or any other breach of security; and (c) utilize only your Credentials to access the pertinent parts of the Platform. You accept and concur that Stickito is not and will not be liable for any loss or damage to you or anybody else emerging from your failure to comply with this Article 3.
PURCHASING/SELLING STICKITO NFTS
All purchases made on the Platform are final and non-refundable. Purchases may be made by credit or debit card or PayPal or by utilizing one or more cryptocurrencies that we may choose to acknowledge from time to time. We retain the right in our discretion to restrain the euro or dollar (or proportionate in other currencies) sum of any exchanges on the Platform, including, without limitation, to restrain the sums that will be charged to a credit card and the number of exchanges. Stickito is under no obligation to acknowledge cryptocurrencies and we hold the right in our sole discretion to decide what currencies or installment option to acknowledge at any time. You recognize and concur that all exchanges on the Platform are publicly visible when made.
After you have set up your account, you may buy, collect, display, exchange and sell your Stickito NFTs, subject to these Terms.
You may buy Stickito NFTs on the Platform of our partners in two ways: (a) by purchasing Stickito NFTs from Stickito or (b) by purchasing Stickito NFTs directly from other users in exchanges on the Platform. The depiction of Stickito NFTs accessible for purchase, including, without limitation, the accessibility and format of any Stickito NFTs (e.g., packs, single, scarcity, etc.) will be accessible on the Platform prior to purchase. We retain the right at any time in our discretion to decide and alter the types, format, prices and other components of any Stickito NFTs.
You're accountable for all installments, expenses and costs when engaging in any exchanges including Stickito NFTs, including, without limitation, the purchase price, exchange fees and all other fees related with you transacting on the Platform. There may be extra fees payable to Stickito even if you transact outside the Platform (for instance, on another blockchain network). You concede and concur that there are existing smart contracts pertinent to each Stickito NFT beneath which Stickito is paid an extra gross amount of each transaction of your validly acquired Stickito NFT on the auxiliary market, whether on the Platform or on a third-party platform. You moreover are exclusively accountable for payment of all national, government ,state, local or other taxes of any jurisdiction, of whatever nature whether presently in force or imposed in the future by any national government, state, local, international or any other administrative authority or taxing jurisdiction, including, without limitation, any income, trabsactions, use, value-added (VAT), merchandise and services and other taxes and duties related with your use of the Platform and your purchase of Stickito NFTs from any party. You are exclusively accountable for any tax reporting for exchanges in which you may be a seller of Stickito NFTs.
You have the constrained right to bargain or exchange your Stickito NFTs given that (i) the party obtaining your Stickito NFTs concedes all of these Terms and any other pertinent Third-Party Seller terms, (ii) Stickito is paid the pertinent transfer or other related remuneration fees and (iii) You have not at any time breached this Agreement. You concede and concur that the fees presented in the preceding sentence may not incorporate, and are not intended to cover, any extra expenses that will be imposed or require by the platform through which you may be transferring the Stickito NFTs.
PURCHASING/SELLING STICKITO NFTS
You concur that you will not utilize the Platform to:
By accessing and utilizing the Platform, it is your obligation to know, comprehend and abide by all pertinent laws and regulations and our Rules of Conduct in this Article 5 (“Rules”). These Rules are not supposed to be exhaustive, and Stickito reserves the right to decide what sorts of conduct it considers to be improper use of the Platform and to take such measures as it sees fit in its sole discretion. Stickito reserves the right to add to or amend these Rules at any time and without previous notice.
In case you infringe any of these Rules, we may, in our sole discretion and without any notice or liability to you, promptly suspend or deactivate your account, and, in case applicable, expel your Stickito NFTs from the Stage. Without restricting the prior, in case we decide, in our sole discretion, that you acquired any Stickito NFTs by illegal or illicit means or by utilizing bots or other comparative functionality, we hold the absolute right in our discretion, and without any liability to you, to annul any exchanges and retain/recapture any Stickito NFTs that were obtained through such activities. You concede and concur that Stickito is not and will not be liable for any loss or damage to you or anybody else emerging from your failure to comply with this Article 5.
Subject to User Materials you directly yield or make accessible on the Platform or Services, you grant Stickito an irreversible, fully sub-licensable, perpetual, world-wide, royalty-free, non-exclusive license to utilize, convey, replicate, alter, adjust, publish, translate, publicly perform and publicly display such User Materials (entirely or in part) and to consolidate such User Materials into other works in any format or medium now known or afterward created, and for any commercial or non-commercial purposes.
You concede that Stickito may or may not pre-screen User Materials, but that Stickito and its designees have the right (but not the duty) in their sole discretion to pre-screen, deny, permanently deactivate, and/or move any User Materials that are accessible via the Platform or Services. Without constraining the prior, Stickito and its designees shall have the right to expel any User Materials that abuse these Terms or are otherwise unacceptable at Stickito’s sole and outright discretion. You conceive that by utilizing the Platform and Services, you may be displayed to User Materials that you just may consider to be insulting or questionable. You concur that you must assess, and bear all risks related to, the use or revelation of any User Materials. You further underestand and concur that you will not depend on any content accessible on or via the Platform or Administrations.
You acknowledge that all postings and content yielded to the Platform or any of the Services by users ("User Materials"), whether privately transmitted or made publicly accessible, are the sole duty of the person from which such User Materials emanated. This implies that you not Stickito, are entirely responsible for all User Materials that you upload, post, share, mail, transmit, or otherwise make accessible through the Platform or Services. You concede and concur that Stickito is not and will not be obligated in any way for any User Materials uploaded, posted, shared, e-mailed, transmitted or otherwise made accessible via the Platform or Services.
OWNERSHIP RIGHTS AND LICENSES
Certain Further Limitations: You shall utilize your Stickito NFTs only for your personal use and in association with the Platform and any platform or marketplace whereby you are able to engage in transaction relating to your Stickito NFT. You concur that you are not allowed to (and will not allow any third party to take any of the following actions:
The Platform and Services: All title, proprietorship and intellectual property rights in and to the Platform and the Services and the information, data, materials, trademarks, service marks, copyrights, software, photographs, recordings, pictures, and other content (collectively, the “Content”) made accessible through the Platform and Services are possessed by Stickito or its licensors, as pertinent. Unless noted otherwise, you ought to expect that all Content made accessible through the Platform and Services are secured by copyright, trademark and other pertinent intellectual property law and may not be utilized except as allowed in these Terms. You understand and concur that the Platform and Services contain proprietary and confidential data that's secured by pertinent intellectual property and other laws. Except as explicitly authorized by Stickito, you concur not to alter, lease, rent, loan, sell, disseminate or create derivative works based on the Content, the Platform and the Services, in them entirety or in part. Under no circumstances will you acquire any ownership or other rights within the Platform or the Services.
Stickito NFTs: Subject to the confinements below, each Stickito NFT is administered [through the Avalanche Network and thus all Stickito NFTs acquired in agreement with these Terms are possessed by you, subject to the confinements below, and any additional terms and limitations imposed by the Avalanche Network. ] Consequently, subject to these Terms, you may sell, trade or otherwise dispose of your justifiably acquired Stickito NFTs. Unless otherwise procured in violation of these Terms or as otherwise set forward in these Terms, Stickito will not change, recover or otherwise alter your Stickito NFTs.
Content of Stickito NFTs: The copyright and other intellectual property comprised in any Stickito NFTs (including, without confinement, any artwork in whatever form (e.g., photos, video, graphics, logos, pictures, designs or something else) may be owned by Stickito and/or a third party (or third parties). Your buy of a Stickito NFT does not confer on you any such intellectual property rights and you understand and concur that you do not have the right to utilize such content in any way but as particularly set forward in these Terms. Contigent on our compliance at all times with these Terms, your substantial buy of a Stickito NFT comes with a constrained, worldwide, non-exclusive, non-transferable, royalty-free license to display the content in your NFTs solely for your own personal, non-commercial use and in association with the Platform and any platform or marketplace whereby you are able to engage in transactions relating to your Stickito NFT. Since the content may be licensed by a third party other than Stickito, there may be additional limitations related with the use of any such content and Stickito reserves the right to impose any additional limitations on your capacity to use and display such content. You concur to comply at all times with any such additional confinements.
The licenses and other arrangements of this Article6 apply to the degree that you proceed to own the Stickito NFT. In case you sell, transfer or otherwise dispose of your Stickito NFT at any time, all licenses set forward in these Terms will terminate upon such sale, transfer or other disposal and you will not have any rights in any content of such Stickito NFT.
You concur to guard, reimburse and hold innocuous Stickito, each of the Third Party Vendors, each of their individual parent companies, affiliates, auxiliaries, employees, contractors, telecommunication suppliers, content providers, licensors and assignees and their individual officers, directors, employees, contractors and agents from and against any and all liabilities, claims, actions, requests, damages, costs, losses and expenditures (counting sensible attorneys’ fees) made by any third party due to or emerging out of your use of the Platform or the Services, any exchange resulting from your use of the Platform or Services, your association to the Platform or Services, your infringement of these Terms, your submission, posting, or conveyance of Client Materials to the Services, and/or your infringement of any rights of any other person or party.
ALTERATIONS TO PLATFORM
Stickito retains the right to adjust or cease, temporarily or permanently, the Platform (or any part thereof), with or without notice at any time. You concede and concur that Stickito shall not be liable to you or any third party for any alteration, suspension, or discontinuance of the Platform.
You concur that Stickito may, in its sole and outright discretion and without notice or obligation to you or any third party, promptly deactivate your access to the Platform. Grounds for such deactivation shall incorporate, but not be constrained to, (a) any breach or infringement of these Terms or other Stickito understandings or rules, (b) any breach or infringement of terms or privacy polices of any pertinent Third Party Vendors (c) demands by law enforcement or government agencies, (d) a request by you (self-initiated account cancellations), (e) discontinuance or material alteration of the Platform (or any part thereof), (f) unforeseable technical or security issues or speculations, (g) your failure to pay any pertinent expenses (h) amplified periods of inactivity and (i) any other grounds given in these Terms. Termination of your account(s) may incorporate (i) expulsion of access to the Platform, (ii) at Stickito’ exclusive discretion, the erasure of all of your account data on the Platform, User Materials, and other content related with your account(s) on the Platform (or any part thereof), and (iii) notwithstanding your further use of the Platform. Article 1 and 3 to 22 will outlast the deactivation or termination of these Terms for any reason.
DEALINGS WITH PROMOTERS AND OTHER USERS
Your correspondence or trade dealings with, or involvement in promotions of, advertisers, buyers, venders, or agents established on or through the Platform, counting payment for and conveyance of related merchandise or services, and any other terms, conditions, warranties or representations related with such dealings, are exclusively between you and such third party. You concede and concur that Stickito shall not be accountable or liable for any loss or damage of any kind caused as the result of any such dealings or as the result of the presence of such promoters or third parties on the Platform.
The Platform may accord links to other sites or resources. Since Stickito has no control over such sites and assets, you concede and concur that Stickito is not accountable for the accessibility of such external sites or resources, and does not accord and is not accountable or liable for any content, promoting, products, or other materials on or accessible from such sites or resources. You further concede and concur that Stickito shall not be accountable or liable, directly or by implication, for any harm or loss caused or claimed to be caused by or in association with use of or dependence on any such content, merchandise or services accessible on or through any such site or resource.
Stickito will not be liable to you, or be considered to have breached these Terms for any failure or delay in executing any of these Terms in case such failure is based on a Force Majeure Event. For purposes of these Terms, “Force Majeure Event” implies any act of God, fire, flood, storm or other adverse weather condition or common catastrophe, war (declared or undeclared), public catastrophe, failure of public utilities (counting, without restriction, electricity networks, internet network or telecommunications networks), epidemic, pandemic, counting, without confinement, the COVID-19 pandemic, terroristic action, other disaster, strike, or labor challenges, or any administrative determination, action, regulation, or order, or any other event past our sensible control. We will inform you as soon as sensibly practicable after the event of any such Force Majeure Event and endeavor to minimize any affect of any Force Majeure Event; given that in case a Force Majeure Event endures longer than forty-five (45) successive days, then we will have the right to end these Terms upon ten (10) days’ notice.
You explicitly acknowledge and concur that:
LIMITATION ON LIABILITY
You concede and concur that Stickito and third party vendors might not be liable to you for any direct, indirect, incidental, special, consequential or exemplary harm, including without limitation damages for loss of profits, goodwill, use, information or other intangible losses(even in case Stickito had been advised on the plausibility of such damages), resulting from or relating to: (i) the use of or the failure to use the Platform; (ii) the cost of procurement of substitute products and services resulting from any merchandise, information, data or services acquired or obtained or message received or exchanges entered into through or from the Platform; (iii) the purchase, holding and/or trade of Stickito NFTs, whether or not acquired by you; (iv) unauthorized access to or modification of your transmissions or information; (v) statements or conduct of any third party on the Platform; or (vi) any other matter relating to the Platform, regardless the impediment on Stickito’s and third party vendors’ obligation depicted in the prior sentence, to the degree any liability may be evaluated against Stickito or any third party vendors in association with the Services, you concede and concur that such liability to will be restricted to the then- present Euro Value of the particular Stickito NFT transaction at issue, valued as of the date of that transaction.
EXCLUSIONS AND LIMITATIONS
Some jurisdictions do not permit the exclusion of certain warranties or the confinement or exclusion of liability for incidental or consequential harms. Appropriately, some of the abovementioned limitations may not apply to you.
HAZARD ASSOCIATED WITH THE SERVICES AMD ASSUPRION OF RISK
You concede, understand and concur that there are risks related to the use of the platform and purchase, holding, exchanging or trading of Stickito NFTS, including, without limitation, the following:
Assumption of Risk. In addition to accepting the risks laid out above in this Article 16, by obtaining, holding, selling, trading and/or using Stickito NFTs, you accept all other risks including, but not limited to, hazard of losing access to the Stickito NFTs due to loss of private key(s); risk of not being able to sell, exchange or dispose of the Stickito NFTs; custodial mistake or buyer mistake; risk of mining attacks; risk of hacking and security weaknesses; risk of unfavorable administrative treatment or intervention by regulators in one or more jurisdictions; risks related to taxation of NFTs; risks of potential data divulgence; risks of uninsured losses; liquidity risks; other unforeseen risks; and instability risks.
NO THIRD-PARTY BENEFICIARIES
You concur that, except as otherwise explicitly provided in these Terms, there should be no third-party beneficiaries to this Agreement.
Stickito may provide you with notices, counting those with respect to alterations to these Terms, by email, regular mail, or postings on the Platform; provided, in any case, that this Article 18 places no oblilgations on Stickito not already explicitly set forth herein.
Nothing contained on the Platform or Services ought to be interpreted as giving, by implication, estoppel, or otherwise, any license or right to use any trademark depicted on the Platform or Services without the written authorization of Stickito or any third party that may own the trademarks. Your misusage of any trademarks depicted on the Platform or the Services, except as provided in these Terms, is entirely precluded. You are also prompted that Stickito will forcefully implement its intellectual property rights to the fullest degree of the law, including by seeking criminal indictment.
All payments made using the card are processed through the electronic payment platform of "Nexi e-Commerce" of Nexi Payments Greece S.A. and uses TLS 1.2 encryption protocol encryption with 128-bit (Secure Sockets Layer - SSL). Encryption is a way of coding the information until it reaches its recipient, who will be able to decode it using the appropriate key