Terms of Service
Introduction: These terms of service (“TOS”) govern your use of our NFT marketplace platform (“Platform”) and the services provided through it (“Services”). By using our Platform and Services, you agree to be bound by these TOS. “NFT” in these Terms means a non-fungible token or similar digital item implemented on a blockchain (such as the Avalanche blockchain), which uses smart contracts to link to or otherwise be associated with certain content or data.
For purposes of these Terms, “user”, “you”, and “your” means you as the user of the Service. If you use the Service on behalf of a company or other entity then “you” includes you and that entity, and you represent and warrant that (a) you are an authorized representative of the entity with the authority to bind the entity to these Terms, and (b) you agree to these Terms on the entity’s behalf.
We reserve the right to change or modify these Terms at any time and in our sole discretion. If we make material changes to these Terms, we will use reasonable efforts to provide notice of such changes, such as by providing notice through the Service or updating the “Last Updated” date at the beginning of these Terms. By continuing to access or use the Service, you confirm your acceptance of the revised Terms and all of the terms incorporated therein by reference effective as of the date these Terms are updated. It is your sole responsibility to review the Terms from time to time to view such changes and to ensure that you understand the terms and conditions that apply when you access or use the Service.
General: Our Platform and Services allow users to list, sell, and buy NFTs. Our Platform and Services are intended for users who are 18 years of age or older. By using our Platform and Services, you represent and warrant that you are 18 years of age or older. By using our Platform and Services, you also agree to pay all applicable fees and taxes associated with your use of the Platform and Services.
Capsule is not party to any agreement between any users and is not responsible for any disputes or issues that may arise between buyers and sellers. You bear full responsibility for verifying the identity, legitimacy, and authenticity of NFTs that you purchase from third-party sellers using the Service and we make no claims about the identity, legitimacy, functionality, or authenticity of users or NFTs (and any content associated with such NFTs) visible on the Service.
As a seller, you are responsible for ensuring that your listings and NFTs comply with all applicable laws, regulations, and these TOS. We do not pre-screen NFTs or listings, but we reserve the right to remove any NFTs or listings that we determine to be in violation of these TOS or that are harmful, offensive, or otherwise objectionable.
Accessing the Service: To use our Service, you will need a blockchain address and a third-party wallet to access the Services on the Platform. To use certain features of our Platform and Services, you may be required to create a user account. By creating a user account, you agree to provide accurate, complete, and current information about yourself as prompted by the registration process. Your account on the service (“Account”) will be associated with your blockchain address.
Capsule is not a wallet provider, exchange, broker, financial institution, money services business, or creditor. We do not have custody or control over the NFTs or blockchains you are interacting with and we do not execute or effectuate purchases, transfers, or sales of NFTs. By using your wallet in connection with the Service, you agree that you are using that wallet under the terms and conditions of the applicable provider of the wallet. Wallets are not operated by, maintained by, or affiliated with Capsule, and Capsule does not have custody or control over the contents of your wallet and has no ability to retrieve or transfer its contents. Capsule accepts no responsibility for, or liability to you, in connection with your use of a wallet and makes no representations or warranties regarding how the Service will operate with any specific wallet. You are solely responsible for keeping your wallet secure and you should never share your wallet credentials or seed phrase with anyone. If you discover an issue related to your wallet, please contact your wallet provider.
You are solely responsible for maintaining the confidentiality of your account information and are fully responsible for all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security.
You also represent and warrant that you will comply with all applicable laws (e.g., local, state, federal and other laws) when using the Service. You further covenant that the foregoing shall be true during the entire period of this agreement.
Ownership: The content on our Platform, including but not limited to text, images, graphics, logos, and software, is protected by copyright, trademark, and other intellectual property laws. You may not use or reproduce any of the content on our Platform without our prior written consent.
Transactions: NFTs may be subject to terms directly between buyers and sellers with respect to the use of the NFT content and benefits associated with a given NFT (“Purchase Terms”). For example, when you click to get more details about any of the NFTs visible on Capsule, you may notice a third party link to the creator’s website. Such website may include Purchase Terms governing the use of the NFT that you will be required to comply with. Capsule is not a party to any such Purchase Terms, which are solely between the buyer and the seller. The buyer and seller are entirely responsible for communicating, promulgating, agreeing to, and enforcing Purchase Terms. You are solely responsible for reviewing such Purchase Terms.
The Service may also contain links or functionality to access or use third-party websites (“Third-Party Websites”) and applications (“Third-Party Applications”), or otherwise display, include, or make available content, data, information, services, applications, or materials from third parties (“Third-Party Materials”). When you click on a link to, or access and use, a Third-Party Website or Third-Party Application, though we may not warn you that you have left our Service, you are subject to the terms and conditions (including privacy policies) of another website or destination. Such Third-Party Websites, Third-Party Applications, and Third-Party Materials are not under the control of Capsule, and may be “open” applications for which no recourse is possible. Capsule is not responsible or liable for any Third-Party Websites, Third-Party Applications, and Third-Party Materials. Capsule provides links to 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 or associated Third-Party Materials. You use all links in Third-Party Websites, Third-Party Applications, and Third-Party Materials at your own risk.
User 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, while accessing or using the Service or participating in the Auction. You agree that you will abide by these Terms and will not:
Provide false or misleading information to Capsule;
Use or attempt to use another user’s Account without authorization from such user and Capsule;
Create or list counterfeit items;
Pose as another person or create a misleading username;
Use the Service in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Service, or that could damage, disable, overburden or impair the functioning of the Service in any manner;
Develop, utilize, or disseminate any software, or interact with any API in any manner, that could damage, harm, or impair the Service;
Reverse engineer any aspect of the Service, or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any Service, area or code of the Service;
Attempt to circumvent any content-filtering techniques we employ, or attempt to access any feature or area of the Service 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 Service, extract data or otherwise interfere with or modify the rendering of Service pages or functionality;
Use data collected from our Service to contact individuals, companies, or other persons or entities;
Use data collected from our Service for any direct marketing activity (including without limitation, email marketing, SMS marketing, telemarketing, and direct marketing);
Bypass or ignore instructions that control all automated access to the Service;
Use the Service for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms;
Use the Ethereum Platform to carry out any illegal activities, including but not limited to money laundering, terrorist financing or deliberately engaging in activities designed to adversely affect the performance of the Ethereum Platform, or the Service;
Engage in wash trading or other deceptive or manipulative trading activities;
Place misleading bids or offers;
Use the Service 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
Use the Service to participate in fundraising for a business, protocol, or platform, including but not limited to creating, listing, or buying assets that are redeemable for financial instruments, assets that give owners rights to participate in an ICO or any securities offering, or assets that entitle owners to financial rewards, including but not limited to, DeFi yield bonuses, staking bonuses, and burn discounts.
Granting us a License: By submitting, posting or displaying User Information on or through the Services, you grant us a worldwide, non-exclusive, sublicensable, royalty-free license to use, copy, modify, and display any text, content, files, communications, comments, feedback, suggestions, ideas, concepts, questions, data or other content that you submit or post on or through the Services or through tools or applications we provide for posting or sharing such content (collectively “User Information”) for our lawful business purposes, including to provide, promote, and improve the Services.
Representation and Warrant regarding User Information: 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 Information that you submit, post or display on or through the Services. You agree that such User Information will not contain material subject to copyright or other proprietary rights, unless you have necessary permission or are otherwise legally entitled to post the material and to grant Capsule the license described above.
Right to remove content without prior notice: Capsule reserves the right to remove content without prior notice. Capsule will take down works in response to formal infringement claims and will terminate a user's access to the Services if the user is determined to be a repeat infringer.
A written communication delivered to the agent designated above;
A physical or electronic signature of someone authorized to act on behalf of the copyright owner;
Identification of the copyrighted work(s) allegedly infringed;
Identification of material claimed to be infringing, reasonably sufficient to permit Company to locate the material;
Information reasonably sufficient to permit Company to contact the complaining party. This can be an address, phone number, email address, or other suitable method of contact;
A statement that the “complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and”
A statement that the information in the notice is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of copyright owner.
Indemnification: By agreeing to these Terms and accessing the Service, you agree, to the fullest extent permitted by applicable law, to indemnify, defend, and hold harmless Capsule, 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 “Capsule Parties”), from and against all actual or alleged claims, damages, awards, judgments, losses, liabilities, obligations, taxes, 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) your use or misuse of the Service, content, NFTs, or content linked to or associated with any NFTs (b) any Feedback you provide, (c) your violation or breach of any term of these Terms or applicable law, and (d) your violation of the rights of or obligations to a third party, including another user or third-party, and (e) your negligence or wilful misconduct. You agree to promptly notify Capsule of any Claims and cooperate with the Capsule Parties in defending such Claims. You further agree that the Capsule Parties shall have control of the defense or settlement of any Claims. THIS INDEMNITY IS IN ADDITION TO, AND NOT IN LIEU OF, ANY OTHER INDEMNITIES SET FORTH IN A WRITTEN AGREEMENT BETWEEN YOU AND Capsule.
Disclaimers: Except as expressly provided to the contrary in a writing by Capsule, the service, content contained therein, and crypto assets listed therein are provided on an “as is” and “as available” basis without warranties or conditions of any kind, either express or implied. Capsule (and its suppliers) make no warranty that the service: (a) will meet your requirements; (b) will be available on an uninterrupted, timely, secure, or error-free basis; or (c) will be accurate, reliable, complete, legal, or safe. Capsule disclaims all other warranties or conditions, express or implied, including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement as to the service, content contained therein. Capsule does not represent or warrant that content on the service is accurate, complete, reliable, current or error-free. 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 service. while Capsule attempts to make your access to and use of the service and content safe, Capsule cannot and does not represent or warrant that the service, content, any crypto assets listed on our service 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 crypto assets, including but not limited to any losses, damages or claims arising from: (a) user error such as forgotten passwords, incorrectly constructed transactions, or mistyped addresses; (b) server failure or data loss; (c) corrupted wallet files; (d) unauthorized access to applications; (e) any unauthorized third party activities, including without limitation the use of viruses, phishing, brute-forcing or other means of attack against the service or crypto assets.
Crypto assets 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 Capsule or any Capsule party can effect the transfer of title or right in any crypto assets.
Capsule is not responsible for sustained casualties due to vulnerability or any kind of failure, abnormal behavior of software (e.g., wallet, smart contract), blockchains or any other features of the crypto assets. Capsule is not responsible for casualties due to late report by developers or representatives (or no report at all) of any issues with the blockchain supporting crypto assets including forks, technical node issues or any other issues having fund losses as a result.
Nothing in these terms 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.
Some jurisdictions do not allow the exclusion of implied warranties in contracts with consumers, so the above exclusion may not apply to you.
Assumption of Risk: You accept and acknowledge:
Volatility. The prices of Crypto Assets are extremely volatile. Fluctuations in the price of other digital assets could materially and adversely affect the Crypto Assets, which may also be subject to significant price volatility. It cannot be guaranteed that any purchasers of Crypto Assets will not lose money.
Taxation. You are solely responsible for determining what, if any, taxes apply to your Crypto Assets transactions. Neither Capsule nor any other Capsule Party is responsible for determining the taxes that apply to Crypto Assets transactions.
Change of Ownership Over a Crypto Asset .Our Service does not store, send, or receive Crypto Assets. The transfer of ownership over Crypto Assets occurs within a supporting blockchain and not through our Service.
Inherent risks while exchanging Crypto Assets. There are risks associated with transacting with Blockchain based assets such as Crypto Assets, including but not limited to, the risk of hardware, software and Internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to information stored within your wallet. You accept and acknowledge that Capsule will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the Crypto Assets, however caused. The regulatory regime governing blockchain technologies, cryptocurrencies, and tokens is uncertain, and new regulations or policies may materially adversely affect the development of the Auction and/or Service and the utility of Crypto Assets.
Service Depending on Third Party Service Providers. The Service relies on third-party platforms to perform the transactions for the Auction of Crypto Assets. Changes in the way these third party service providers provide these services may materially affect the Service we provide.
No Warranty regarding the Crypto Assets and Capsule’s rights to restrict usage of a Crypto Asset - There are risks associated with purchasing user generated content, including but not limited to, the risk of purchasing counterfeit assets, mislabeled assets, assets that are vulnerable to metadata decay, assets on smart contracts with bugs, and assets that may become untransferable. Capsule reserves the right to hide collections, contracts, and assets affected by any of these issues or by other issues. Assets you purchase may become inaccessible on Capsule. Under no circumstances shall the inability to view your assets on Capsule serve as grounds for a claim against Capsule.
Limitation of Liability: To the fullest extent permitted by law, in no event will Capsule be liable to you or any third party for any lost profit or any indirect, consequential, exemplary, incidental, special or punitive damages arising from these terms, the service, 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 Capsule has been advised of the possibility of such damages. access to, and use of, the services, 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 Capsule arising out of or in any way related to these terms, the access to and use of the service, content, crypto assets, or any products or services purchased on the service exceed the greater of (a) $100 or (b) the amount received by Capsule from the sale of crypto assets that are the subject of the claim.
The foregoing limitations of liability shall not apply to liability of Capsule for (a) death or personal injury caused by a member of Capsule’s negligence; or for (b) any injury caused by a member of Capsule’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.
Termination: If you breach any of the provisions of these Terms, all licenses granted by Capsule will terminate automatically. Additionally, notwithstanding anything contained in these Terms, we reserve the right, with or without notice and in our sole discretion, to suspend, disable, terminate, or delete your Account and/or your ability to access or use the Service (or any part of the foregoing) at any time and for any or no reason, and you acknowledge and agree that we shall have no liability or obligation to you in such event and that you will not be entitled to a refund of any amounts that you have already paid to us.
Dispute Resolution: TBD
Governing Law: These Terms, your access to and use of the Service and Content, and your participation in the Auction shall be governed by and construed and enforced in accordance with the laws of Canada, without regard to conflict of law rules or principles of Canada, or any other jurisdiction) that would cause the application of the laws of any other jurisdiction that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court, shall be resolved in accordance to provision 19.
Severability: If any term, clause, or provision of these Terms is held invalid or unenforceable, then that term, clause, or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause, or provision, or any other term, clause, or provision of these Terms.
Injunctive Relief: You agree that a breach of these Terms will cause irreparable injury to Capsule for which monetary damages would not be an adequate remedy and Capsule shall be entitled to equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security, or proof of damages.
Export Laws: You agree that you will not export or re-export, directly or indirectly, the Service, and/or other information or materials provided by Capsule hereunder, to any country for which the United States or any other relevant jurisdiction requires any export license or other governmental approval at the time of export without first obtaining such license or approval. In particular, but without limitation, the Service may not be exported or re-exported (a) into any U.S. embargoed countries or any country that has been designated by the U.S. Government as a “terrorist supporting” country, or (b) to anyone listed on any U.S. Government list of prohibited or restricted parties, including the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Service, you represent and warrant that you are not located in any such country or on any such list. You are responsible for and hereby agree to comply at your sole expense with all applicable United States export laws and regulations.
Survival: All sections which by their nature should survive the termination of these Terms shall continue in full force and effect subsequent to and notwithstanding any termination of these Terms by Capsule or you. Termination will not limit any of Capsule’s other rights or remedies at law or in equity.
Miscellaneous: These Terms constitute the entire agreement between you and Capsule 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 Capsule, and Capsule’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. 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.
Last updated