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1. Introduction

Welcome to the Cyber Wave City website, owned and operated as Cyber Wave City ( “Cyber Wave City” “we” “us” or “our”). These Terms of Use (these “Terms”) govern your access to and use of the Cyber Wave City website; including without limitation the purchase of certain digital assets; our online and/or mobile services, and software provided on or in connection with those services (collectively, the “Service”).

You bear full responsibility for verifying the identity, legitimacy and authenticity of assets you purchase on Cyber Wave City. Notwithstanding indicators and messages that suggest verification, Cyber Wave City makes no claims about identity, legitimacy or authenticity of assets on the platform. We want to let you know that Cyber Wave City is not responsible for any errors or losses related to the purchase of non-fungible tokens we provide on our platform. The purchasing process is handled by an application programming interface (“API”) of OpenSea which we have not control over.

Cyber Wave City reserves the right to change or modify these Terms at any time and in our sole discretion. If we make changes to these Terms, we will provide notice of such changes, such as by sending an email notification, providing notice through the Service or updating the “Last Updated” date at the end 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. We encourage you to review the Terms frequently to ensure that you understand the terms and conditions that apply when you access or use the Service. If you do not agree to the revised Terms, you may not access or use the Service.

2. Purchasing & Selling Process

4.2 Shop

This Service allows you to buy digital copies of Cyber Wave City in our shop. You can choose from different resolutions and formats. The images are as they appear. By purchasing Cyber Wave City in our shop you accept the risk that is associated with AI generated art such as graphical mismatches, abnormal appearances, light distortions, blurry pixels, misalignments, or misproportions. The images have not been edited after they were created.

4.2.1 Purchasing

The payment process is handled by third-party payment providers such as PayPal, Stripe, and Google / Apple Pay. By purchasing Cyber Wave City in our shop you agree to their terms:

4.2.2 License

You are allowed to use the Cyber Wave City without limitations except selling them as NFTs on any NFT marketplace such as OpenSea or Rarible.

4.2.3 Delivery

A copy of the purchased digital art will be sent to the email address provided during the checkout process within 24 hours.

4.2.4 Returns

Purchased digital copies in our shop cannot be returned.

3. Privacy Policy

By submitting personal data through our Site or Services, you agree to the terms of our Privacy Policy and you expressly consent to the collection, use and disclosure of your personal data in accordance with the Privacy Policy.

Please refer to our Privacy Policy for information about how we collect, use, and share personal information about you.

4. Devices & Components

You must provide all equipment and software necessary to connect to the Service and services, including but not limited to, a mobile device that is suitable to connect with and use Service and services, in cases where the Service offers a mobile component. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing the Service or services.

Notwithstanding anything to the contrary in these Terms, the Service and Content may include software components provided by Cyber Wave City or its affiliates or a third party that are subject to separate license terms, in which case those license terms will govern such software components. For example, when you click to get more details about any of the Crypto Assets sold through our marketplace, you will notice a third party link to the website from which such Crypto Asset originated. Such website may include license terms governing the use of such Crypto Asset. In the event you purchase such Crypto Asset through our website, you are required to comply with such terms.

5. Ownership

Unless otherwise indicated in writing by us, the Service and all content and other materials contained therein, including, without limitation, the Cyber Wave City logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, “Content”) are the proprietary property of Cyber Wave City or our affiliates, licensors or users, as applicable.

Notwithstanding anything to the contrary in these Terms, the Service and Content may include software components provided by Cyber Wave City or its affiliates or a third party that are subject to separate license terms, in which case those license terms will govern such software components.

The Cyber Wave City logo and any Cyber Wave City product or service names, logos or slogans that may appear on the Service or Service are trademarks of Cyber Wave City or our affiliates and may not be copied, imitated or used, in whole or in part, without our prior written permission. You may not use any metatags or other “hidden text” utilizing “Cyber Wave City” or any other name, trademark or product or service name of Cyber Wave City or our affiliates without our prior written permission. In addition, the look and feel of the Service and Content, including, without limitation, all page headers, custom graphics, button icons and scripts, constitute the service mark, trademark or trade dress of Cyber Wave City and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and Cyber Wave City names or logos mentioned on the Service 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 OpenSea.

6. License to Access and Use Our Service and Content

You are hereby granted a limited, nonexclusive, nontransferable, nonsublicensable, and personal license to access and use the Service and Content; provided, however, that such license is subject to these Terms and does not include any right to:

  • Sell, resell or use commercially the Service or Content
  • Distribute, publicly perform or publicly display any Content
  • Modify or otherwise make any derivative uses of the Service or Content, or any portion thereof
  • Use any data mining, robots or similar data gathering or extraction methods,
  • Download (other than page caching) any portion of the Service or Content, except as expressly permitted by us
  • Use the Service or Content other than for their intended purposes

7. Third Party Services

The Service 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 Service 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 Cyber Wave City. Cyber Wave City is not responsible for any Third-Party Websites or Third-Party Applications. Cyber Wave City 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 Service, our Terms 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 before proceeding with any transaction with any third party.

8. 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.

9. Assumption of Risk

You accept and acknowledge:

The prices of blockchain 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. We cannot guarantee that any purchasers of Crypto Assets will not lose money.

You are solely responsible for determining what, if any, taxes apply to your Crypto Assets transactions. Neither Cyber Wave City nor any other Cyber Wave City party is responsible for determining the taxes that apply to Crypto Assets transactions.

Our Service does not store, send, or receive Crypto Assets. This is because Crypto Assets exist only by virtue of the ownership record maintained on its supporting blockchain. Any transfer of Crypto Assets occurs within the supporting blockchain and not on this Service.

There are risks associated with using an Internet based currency, 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 Cyber Wave City will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the Crypto Assets, however caused.

A lack of use or public interest in the creation and development of distributed ecosystems could negatively impact the development of those ecosystems and related applications, and could therefore also negatively impact the potential utility or value of Crypto Assets.

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.

The Service will rely on third-party platforms such as MetaMask to perform the transactions for the Auction of Crypto Assets. If we are unable to maintain a good relationship with such platform providers; if the terms and conditions or pricing of such platform providers change; if we violate or cannot comply with the terms and conditions of such platforms; or if any of such platforms loses market share or falls out of favor or is unavailable for a prolonged period of time, access to and use of the Service will suffer.

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.

10. Modifications to the Service

We reserve the right in our sole discretion to modify, suspend or discontinue, temporarily or permanently, the Services (or any features or parts thereof) or suspend or discontinue the Auction at any time and without liability therefore.

11. Governing Law and Venue

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 Switzerland, without regard to conflict of law rules or principles of Switzerland, or any other jurisdiction that would cause the application of the laws of any other jurisdiction.

12. Termination

Notwithstanding anything contained in these Terms, we reserve the right, without notice and in our sole discretion, to terminate your right to access or use the Service 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, to the fullest extent permitted by applicable law.

13. 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.

14. Miscellaneous

These Terms constitute the entire agreement between you and Cyber Wave City relating to your access to and use of the Services and Content, and your participation in the Auction. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of Cyber Wave City prior, concurrent or subsequent circumstance, and Cyber Wave City’ failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Except as otherwise provided herein, these Terms is 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, 01.01.2023

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