Hyprr NFT Terms of Service
Hyprr is a platform. We are not a broker, financial institution, or creditor. The services are an administrative platform only. Hyprr facilitates transactions between the buyer and seller in the NFT purchase but is not a party to any agreement between the buyer and seller of crypto assets or between any users. You hold full responsibility for verifying the identity, legitimacy, and authenticity of assets you purchase on Hyprr. Notwithstanding indicators and messages that suggest verification, Hyprr makes no claims about the identity, legitimacy, or authenticity of assets on the platform.
This means that all Digital Artwork is outside of the control of any one party, including Hyprr, and is subject to many risks and uncertainties. We neither own nor control your account, wallet, your browser, or any other third party site, product, or service that you might access, visit, or use for the purpose of enabling you to use the various features of the Platform. We will not be liable for the acts or omissions of any such third parties, nor will we be liable for any damage that you may suffer as a result of your transactions or any other interaction with any such third parties.Noncustodial.
While the Hyprr NFT Platform offers a platform for Digital Artwork, it does not buy, sell, or ever take custody or possession of any Digital Artwork. The Platform facilitates User collection of Digital Artwork, but neither Hyprr nor the Platform are custodians of any Digital Artwork. The User understands and acknowledges that the metadata stored to create a unique NFT token does not give Hyprr custody, possession, or control of any Digital Artwork or currency at any time for the purpose of facilitating transactions on the Platform. You affirm that you are aware and acknowledge that Hyprr is a non-custodial service provider and has designed this Platform to be directly accessible by the Users without any involvement or actions taken by Hyprr or any third-party. As an NFT Platform, Hyprr cannot make any representation or guarantee that Creators will achieve any particular outcome as the result of listing their Digital Artwork on Hyprr NFT Platform.
3. Account Registration
4. NFT Fee’s
All transactions on Hyprr NFT Platform, including without limitation minting, tokenizing, listing, offering, purchasing, or confirming, are created in the Howdoo Blockchain, supported as metadata. This metadata then forms a unique token for each NFT created then sold. The Fees for an initial sale of Digital Artwork on Hyprr is as follows: • Creators receive 97.5% of the total sale price of an Initial Sale. • Hyprr collects 2.5% of the total sale price of an Initial Sale. • Creator pays transaction fees of 1% • You agree and understand that all fees, commissions, and royalties are transferred, processed, or initiated directly through one or more of the smart contracts on the Howdoo blockchain network. The Fees for a secondary sale of Digital Artwork on Hyprr is as follows: • Creator will be able to specify royalty fees on the minting of each NFT created, up to a maximum of 35% • Hyprr collects 2.5% of the total sale price of a Secondary Sale. • You agree and understand that all fees, commissions, and royalties are transferred, processed, or initiated directly through one or more of the smart contracts on the Howdoo blockchain network. Hyprr does not generally collect any fees, commissions, or royalties for transactions occurring outside of Hyprr. Users irrevocably releases, acquits, and forever discharges Hyprr and its subsidiaries, affiliates, officers, and successors of any liability for royalties, fines, or fees not received from any off-market transaction.
5. User Conduct
When using the Hyprr NFT Platform, 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 NFT Platform. You agree that you will abide by these Terms and will not: • manipulate the price of a Digital Artwork in any way, including bidding on your own items, preventing bidding, or using Hyprr to conceal economic activity. • email or otherwise upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or (vii) in the sole judgment of Hyprr, is objectionable or which restricts or inhibits any other person from using or enjoying the Platform, or which may expose Hyprr or its users to any harm or liability of any type; • interfere with or disrupt the Platform or servers or networks connected to the Platform, or disobey any requirements, procedures, policies or regulations of networks connected to the Platform ; or • violate any applicable local, state, national or international law, or any regulations having the force of law or which would involve proceeds of any unlawful activity; • impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; • solicit personal information from anyone under the age of 18; • harvest or collect email addresses or other contact information of other Users from the Platform by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications; • advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized; • further or promote any criminal activity or enterprise or provide instructional information about illegal activities, including for the purpose of concealing economic activity, laundering money, or financing terrorism; • obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Platform; • use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Platform or the content posted on the Platform, or to collect information about its Users for any unauthorized purpose; • create user accounts by automated means or under false or fraudulent pretenses; • access or use the Platform for the purpose of creating a product or service that is competitive with any of our products or services. You agree that you are solely responsible for your interactions with any other Users in connection with the Platform and Hyprr will have no liability or responsibility with respect thereto. Hyprr reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Platform. Hyprr will always exercise judgment in allowing or disallowing certain assets, listings and collections consistent with the spirit of openness in a worldwide community of NFT technology. We carefully consider the complete situation and all its details in light of our policies before deciding to remove inappropriate assets, listings,and collections when we discover them or they're brought to our attention. Assets, listings and collections that Hyprr deems inappropriate, disruptive, or illegal are prohibited on Hyprr. Hyprr reserves the rights to determine the appropriateness of listings on its site and remove any listing at any time. If you create or offer an asset, listing, or collection in violation of these policies, we will take corrective actions, as appropriate, including but not limited to removing the asset, listing, or collection, deleting your Hyprr account, and permanently withholding referral payments and developer revenue sharing fees. Hyprr cannot destroy or impound your assets, but we reserve the right to destroy inappropriate metadata stored on our platforms. Assets, listings and collections that include metadata that violates international or United States intellectual property laws, promotes suicide or self-harm, incites hate or violence against others, degrades or doxes another individual, depicts minors in sexually suggestive situations, or is otherwise illegal in the United States are prohibited on Hyprr and will be removed. Assets, listings and collections with a primary or substantial purpose in a game or application that violates international or United States intellectual property laws, promotes suicide or self-harm, incites hate or violence against others, degrades or doxes another individual, depicts minors in sexually suggestive situations, or is otherwise illegal in the United States are prohibited on Hyprr and will be removed. We require all users to be 18 years old or older. If you are under 18, you may use a parent or guardian's Hyprr account, but only with involvement of the account holder. However, the account holder is responsible for everything done with that account. Do not create or list illegal or offensive content, such as products that depict graphic sexual acts and images that depict children under the age of 18 in a sexually suggestive manner. Do not use profanity or graphic language in any content you list or create on Hyprr. Assets, listings, and collections created or used primarily or substantially for the purpose of raising funds for the known terrorist organizations listed on https://www.state.gov/foreign-terrorist-organizations/ are prohibited on Hyprr and will be removed. The sale of stolen assets, converted assets, fraudulently obtained assets, assets taken without authorization, and other illegally obtained assets on Hyprr is prohibited. Listing illegally obtained assets may result in your listings being cancelled, your assets being hidden, or your account being suspended. If you have reason to believe that an asset listed on Hyprr was illegally obtained, please contact us immediately at [email protected] Include the asset's ID, the asset's contract address, and evidence demonstrating that the asset was illegally obtained. Hyprr will review your claim and reply within 72 hours. If we determine from the evidence that the asset is stolen, we will hide it or disable trading of it. If you become aware of the creation, listing, or buying of assets in violation of any of the terms specified in this section, you shall contact us here to report it. Creators bear special responsibility for informing Hyprr of the existence of their collections, contracts, and assets that violate these terms.
6. User Information and Copyright
With respect to the content, Digital Artwork, or other materials you upload through the Platform or share with other users or recipients (collectively, “User Content”), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein. By uploading any User Content you hereby grant and will grant Hyprr and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Platform or the promotion, advertising or marketing thereof in any form, medium or technology now known or later developed. Any questions, comments, suggestions, ideas, feedback or other information about the Platform (“Submissions”), provided by you to Hyprr are non-confidential and Hyprr will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you. Hyprr may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Hyprr, its users and the public. You understand that the technical processing and transmission of the Platform, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. a. Creator Rights
The Creator owns all legal rights, title, and interest in all intellectual property rights underlying the Digital Artwork minted by the Creator on the Platform, including but not limited to copyrights and trademarks. As the copyright owner, the Creator has the right to reproduce, prepare derivative Digital Artwork, distribute, and display or perform the Digital Artwork. Creators hereby acknowledges, understands, and agrees that selling a Digital Artwork on Hyprr constitutes an express representation, warranty, and covenant that the Creator has not, will not, and will not cause another to sell, tokenise, or create another NFT token representing a digital collectible for the same Digital Artwork, excepting, without limitation, the Creator’s ability to sell, tokenize, or create a NFT token token or other digital asset representing a legal, economic, or other interest relating to any of the exclusive rights belonging to the Creator under copyright law. The Creator hereby acknowledges, understands, and agrees that launching a Digital Artwork on Hyprr constitutes an express and affirmative grant to Hyprr, its affiliates and successors a non-exclusive, world-wide, assignable, sublicensable, perpetual, and royalty-free license to make copies of, display, perform, reproduce, and distribute the Digital Artwork on any media whether now known or later discovered for the broad purpose of operating, promoting, sharing, developing, marketing, and advertising the Platform, or any other purpose related to Hyprr, including without limitation, the express right to: (i) display or perform the Digital Artwork on the Platform, a third party platform, social media posts, blogs, editorials, advertising, market reports, virtual galleries, museums, virtual environments, editorials, or to the public; (ii) create and distribute digital or physical derivative Digital Artwork based on the Digital Artwork; (iii) indexing the Digital Artwork in electronic databases, indexes, catalogues; and (iv) hosting, storing, distributing, and reproducing one or more copies of the Digital Artwork within a distributed file keeping system, node cluster, or other database (e.g., IPFS) or causing, directing, or soliciting others to do so. Creators expressly represent and warrant that their Digital Artwork listed on Hyprr contains only original content otherwise authorized for use by the Creator, and does not contain unlicensed or unauthorized copyrighted content, including any imagery, design, audio, video, human likeness, or other unoriginal content not created by the Creator, not authorized for use by the Creator, not in the public domain, or otherwise without a valid claim of fair use, the Creator further represents and warrants that it has permission to incorporate the unoriginal content.b. Collectors Rights
Collectors receive a NFT token representing the Creator’s Digital Artwork as a piece of property, but do not own the creative work itself. Collectors may display and share the Digital Artwork, but Collectors do not have any legal ownership, right, or title to any copyrights, trademarks, or other intellectual property rights to the Digital Artwork, excepting the limited license to the Digital Artwork granted by these Terms. Upon collecting a Digital Artwork, Collectors receive a limited, worldwide, non-assignable, non-sublicensable, royalty-free license to display the Digital Artwork legally owned and properly obtained by the Collector. The Collector’s limited license to display the Digital Artwork, includes, but is not limited to, the right to display the Digital Artwork privately or publicly: (i) for the purpose of promoting or sharing the Collector’s purchase, ownership, or interest, (ii) for the purpose of sharing, promoting, discussing, or commenting on the Digital Artwork; (iii) on third party marketplaces, exchanges, platforms, or applications in association with an offer to sell, or trade, the Digital Artwork; and (iv) within decentralized virtual environments, virtual worlds, virtual galleries, virtual museums, or other navigable and perceivable virtual environments. Collectors have the right to sell, trade, transfer, or use their Digital Artwork, but Collectors may not make “commercial use” of the Digital Artwork. The Collector agrees that it may not, nor permit any third party, to do or attempt to do any of the foregoing without the Creator’s express prior written consent in each case: (i) modify, distort, mutilate, or perform any other modification to the Work which would be prejudicial to the Creator’s honor or reputation; (ii) use the Digital Artwork to advertise, market, or sell any third party product or service; (iii) use the Digital Artwork in connection with images, videos, or other forms of media that depict hatred, intolerance, violence, cruelty, or anything else that could reasonably be found to constitute hate speech or otherwise infringe upon the rights of others; (iv) incorporate the Digital Artwork in movies, videos, video games, or any other forms of media for a commercial purpose, except to the limited extent that such use is expressly permitted by these Terms or solely for your Collector’s personal, non-commercial use; (v) sell, distribute for commercial gain, or otherwise commercialize merchandise that includes, contains, or consists of the Digital Artwork; (vi) attempt to trademark, copyright, or otherwise acquire additional intellectual property rights in or to the Digital Artwork; (vii) attempt to mint, tokenize, or create an additional NFT token representing the same Digital Artwork, whether on or off of the Hyprr Platform; (viii) falsify, misrepresent, or conceal the authorship of the Digital Artwork; or (ix) otherwise utilize the Digital Artwork for the Collector’s or any third party’s commercial benefit. Collectors irrevocably release, acquit, and forever discharge Hyprr and its subsidiaries, affiliates, officers, and successors of any liability for direct or indirect copyright or trademark infringement for Hyprr use of a Digital Artwork in accordance with these Terms.c. Platform Content, Software and Trademarks:
You acknowledge and agree that the Platform may contain content or features (“Platform Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Hyprr , you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Platform or the Platform Content, in whole or in part. In connection with your use of the Platform you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by Hyprr from accessing the Platform (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Platform or the Platform Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Platform or distributed in connection therewith are the property of Hyprr , our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Hyprr. The Hyprr name and logos are trademarks and service marks of Hyprr Inc (collectively the “Hyprr Trademarks”). Other company, product, and service names and logos used and displayed via the Platform may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Hyprr. Nothing in this Terms of Service or the Platform should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Hyprr Trademarks displayed on the Platform, without our prior written permission in each instance. All goodwill generated from the use of Hyprr Trademarks will insure to our exclusive benefit.
7. Copyright Complaints
Hyprr respects the intellectual property of others, and we ask our users to do the same. 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 Hyprr the license described above. Hyprr reserves the right to remove content without prior notice. Hyprr 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. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Hyprr of your infringement claim in accordance with the procedure set forth below. Hyprr will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be reported to Hyprr ‘s Copyright Agent [email protected] (Subject line: “DMCA Takedown Request”). Or in Writing to; Hyprr Inc. Attn: Copyright Agent 140 Broadway New York, NY 10005 Email : [email protected] Formal infringement: Claims regarding content on the Services must include: • 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 the copyright owner. Counter-Notice: If you believe your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent: • your physical or electronic signature; • identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; • a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and • your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the infringement claim and a statement that you will accept service of process from the person who provided notification of the alleged infringement. If a counter-notice is received by the Copyright Agent, Hyprr will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion. Repeat Infringer Policy: In accordance with the DMCA and other applicable law, Hyprr has adopted a policy of terminating, in appropriate circumstances and at Hyprr's sole discretion, Users who are deemed to be repeat infringers. Hyprr may also at its sole discretion limit access to the Platform and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. User Agrees to Cooperate with Hyprr Creators expressly agree to refund to the Collector and/or Hyprr the entire portion of Fees received from the sale of a Digital Artwork that was subsequently removed from the Site pursuant to an effective DMCA request to which the Creator failed to timely submit an effective DMCA Counter Notification. Hyprr will not be held liable to any User for removing allegedly infringing works from the Platform or otherwise fulfilling its legal obligations under the DMCA. Creators, Collectors, and all Users expressly agree to cooperate and timely respond to Hyprr’s investigations, requests, and inquiries related to DMCA disputes or allegations of infringement. Users agree to initiate a “burn” transaction upon Hyprr’s request for Digital Artwork that have been permanently removed from the Hyprr NFT Platform pursuant to a valid DMCA Take-Down Notice, or that are otherwise alleged to be infringing.
8. Third Party Material
Under no circumstances will Hyprr be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Hyprr does not pre-screen content, but that Hyprr and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Platform. Without limiting the foregoing, Hyprr and its designees will have the right to remove any content that violates these Terms of Service or is deemed by Platform, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content and the purchase of any Digital Artwork, including any reliance on the accuracy, completeness, or usefulness of such content.
9. Indemnity and Release
You agree to release, indemnify and hold Hyprr and its affiliates and their officers, employees, directors and agents (collectively, “Indemnitees”) harmless from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Platform, any User Content, your connection to the Platform, your violation of these Terms of Service or your violation of any rights of another. Notwithstanding the foregoing, you will have no obligation to indemnify or hold harmless any Indemnitee from or against any liability, losses, damages or expenses incurred as a result of any action or inaction of such Indemnitee. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
10. Disclaimer of Warranties
Platform transactions, including but not limited to primary sales, secondary market sales, listings, offers, bids, acceptances, and other operations utilize experimental blockchain technology, including non-fungible tokens, cryptocurrencies, consensus algorithms, and decentralized or peer-to-peer networks and systems. Users acknowledge and agree that such technologies are experimental, speculative, and inherently risky and may be subject to bugs, malfunctions, timing errors, hacking and theft, or changes to the protocol rules of the Howdoo blockchain (i.e., "forks"), which can adversely affect the metadata and may expose you to a risk of total loss, forfeiture of your digital currency or Digital Artwork, or lost opportunities to buy or sell Digital Artwork. Your use of the platform is at your sole risk. The platform is provided on an “as is” and “as available” basis. Hyprr Inc expressly disclaims all warranties of any kind, whether express, implied or statutory, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. Hyprr makes no warranty that (I) the platform will meet your requirements, (ii) the platform will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the platform will be accurate or reliable, or (iv) the quality of any products, platforms, information, or other material purchased or obtained by you through the platform will meet your expectations.
11. Limitation of liability
You expressly understand and agree that Hyprr will not be liable for any indirect, incidental, special, consequential, exemplary damages, or damages for loss of profits including but not limited to, loss in value of any digital artwork, damages for loss of goodwill, use, data or other intangible losses (even if Hyprr has been advised of the possibility of such damages), whether based on contract, tort, negligence, strict liability or otherwise, resulting from: (I) the use or the inability to use the platform; (ii) the cost of procurement of substitute goods and platforms resulting from any digital artwork, goods, data, information or platforms purchased or obtained or messages received or transactions entered into through or from the platform; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the platform; or (v) any other matter relating to the platform. In no event will Hyprr’s total liability to you for all damages, losses or causes of action exceed the amount you have paid Hyprr in the last six (6) months, or, if greater, one hundred dollars ($100). Some jurisdictions do not allow the disclaimer or exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations set forth above may not apply to you or be enforceable with respect to you. If you are dissatisfied with any portion of the platform or with these terms of platform, your sole and exclusive remedy is to discontinue use of the platform.
12. DisclaimersExcept as expressly provided to the contrary in a writing by Hyprr, the service, content contained therein, and NFT assets listed therein are provided on an “as is” and “as available” basis without warranties or conditions of any kind, either express or implied. Hyprr (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. Hyprr 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. Hyprr 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 Hyprr attempts to make your access to and use of the service and content safe, Hyprr cannot and does not represent or warrant that the service, content, any NFT 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 NFT 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, bruteforcing or other means of attack against the service or NFT assets. NFT assets are intangible digital assets. They exist only by virtue of the ownership record maintained in the howdoo blockchain network. Any transfer of title that might occur in any unique digital asset occurs on the decentralized ledger within the platform. We do not guarantee that Hyprr or any Hyprr party can effect the transfer of title or right in any crypto assets.
Hyprr is not responsible for sustained casualties due to vulnerability or any kind of failure, abnormal behavior of software (e.G. Wallet, NFT token), blockchains or any other features of the NFT assets. Hyprr is not responsible for casualties due to late reports by developers or representatives (or no report at all) of any issues with the blockchain supporting NFT 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.
13. Assumption of Risk
You accept and acknowledge: 1. The prices of blockchain assets are extremely volatile. Fluctuations in the price of other digital assets could materially and adversely affect the NFT Assets, which may also be subject to significant price volatility. We cannot guarantee that any purchasers of NFT Assets will not lose money. 2. You are solely responsible for determining what, if any, taxes apply to your NFT Assets transactions. Neither Hyprr nor any other Hyprr Party is responsible for determining the taxes that apply to NFT Assets transactions. 3. Our Service does not store, send, or receive NFT Assets. This is because NFT Assets exist only by virtue of the ownership record maintained on its supporting blockchain. Any transfer of NFT Assets occurs within the supporting blockchain and not on this Service. 4. 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 Hyprr will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the NFT Assets, however caused. 5. 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 with bugs, and assets that may become untransferable. Hyprr 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 Hyprr. Under no circumstances shall the inability to view your assets on Hyprr serve as grounds for a claim against Hyprr.
14. Limitation of LiabilityTo the fullest extent permitted by law, in no event will Hyprr 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 Hyprr 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 Hyprr 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 Hyprr from the sale of NFT assets that are the subject of the claim.The foregoing limitations of liability shall not apply to liability of Hyprr for (a) death or personal injury caused by a member of Hyprr’s negligence; or for (b) any injury caused by a member of Hyprr’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.
15. 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 Listing at any time and without liability therefore.
16. 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 the State of New York, without regard to conflict of law rules or principles of the State of New York, (or 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 the state or federal courts of New York, and the United States, respectively, sitting in the State of New York.
You agree that Hyprr, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Platform and remove and discard any content within the Platform, for any reason, including, without limitation, for lack of use or if Hyprr believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Platform, may be referred to appropriate law enforcement authorities. Hyprr may also in its sole discretion and at any time discontinue providing the Platform, or any part thereof, with or without notice. You agree that any termination of your access to the Platform under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that Hyprr may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Platform. Further, you agree that Hyprr will not be liable to you or any third party for any termination of your access to the Platform.
18. General Legal Terms
These Terms of Service constitute the entire agreement between you and Hyprr and govern your use of the Platform, superseding any prior agreements between you and Hyprr with respect to the Platform. You also may be subject to additional terms and conditions that may apply when you use affiliate or third party services, third party content or third party software. These Terms of Service will be governed by the laws of the State of New York without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, you and Hyprr agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within New York. The failure of Hyprr to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Platform or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign this Terms of Service without the prior written consent of Hyprr, but Hyprr may assign or transfer this Terms of Service, in whole or in part, without restriction. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Platform may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Platform.