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Terms & Condition

The Terms & Conditions mentioned herewith apply for the use of the website and/or application QUANTUM CHAINS. The purpose of this platform is purchasing, selling and displaying NFTs. The following Terms & Conditions are accepted by you and they will regulate your access and usage of the website/Application which includes but does not limit to any content, features and services provided by.

 

  1. Accepting these Terms.

Before using or exploring the website/application you are obligated you review the Terms & Conditions along with any document in reference. The Terms & Conditions include but are not limited to your rights and obligation towards QUANTUM CHAINS while use of and it constitutes a binding agreement between you and QUANTUM CHAINS. By accepting these Terms & Condition you consent to be bound and abide by them. If you do not accept the following Terms & Conditions, please do not use the website/application.

QUANTUM CHAINS reserves all rights to amend and alter the Terms & Conditions at any time. By accepting the following Terms & Conditions you consent to be bounded by and abide to the amended Terms & Conditions. We request you to periodically review the Terms & Conditions for you to be aware about the same.

 

  1. Access of service

Access/Wallet Details.

You can access QUANTUM CHAINS without creating/registering an account and can trade on QUANTUM CHAINS directly using the following digital wallets: i) MetaMask; ii) WalletConnect and iii) Coinbase. These are digital wallets which would allow you to purchase directly or through third party. You can engage in transactions in the platform only through the above-mentioned digital wallets.

 

You accept and understand that the access to your account profile, if created by You, on QUANTUM CHAINS is limited for your use, and you are not entitled to sell, rent, lease or give your access to anyone. You accept and understand that you are solely responsible for security of your account, which includes but does not limit to maintaining control over your password, any other codes, username etc., you may use to access QUANTUM CHAINS. It is pertinent to note that third-party access may lead to loss or theft of founds from your account or any other linked account. You accept, understand and consent that you will not hold us liable for protection of your account or any other unauthorized access or use of your account. If you observe any irregular or suspicious activity in your account, you are responsible to contact us immediately.

You accept and understand that all NFTs on our platform are created by content creators, QUANTUM CHAINS is not responsible for the quality, origin, or ownership, misrepresentation, error, or omissions of any content found in the offerings. QUANTUM CHAINS may not be liable for any losses, injuries, or damages from the purchase, inability to purchase, sell, display or use of content. By purchasing and selling the content/NFT on QUANTUM CHAINS you agree to pay all the relevant charges and allow QUANTUM CHAINS to deduct relevant payment automatically. Service fees may be adjusted time to time in the sole discretion of QUANTUM CHAINS. Commissions are set in the sole discretion of the Collectible creator. All transactions involving the offering are final. All fees are non-refundable except at sole discretion of QUANTUM CHAINS.

Users below 18 years of age will be deemed to be transacting with their parents/legal guardians’ consent who shall be deemed to have agreed to these Terms & Conditions.

 

  1. Account Suspension.

You accept and understand that QUANTUM CHAINS has the right to suspend, pause, or delete your account or connection to QUANTUM CHAINS if we believe at our sole discretion that you or your account is being used for money laundering, terrorist activity, fraud, or any other illegal or unethical activity.

Also, your account will be suspended, paused or deleted if you use any content, material, or information on QUANTUM CHAINS that infringes or in a manner infringes the copyright, trademark, patent, trade secret or other intellectual property or other proprietary rights of others, or upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws or infringes rights of privacy or publicity without prior consent by the creator, or original owner.

 

  1. Communication.

You understand and accept that we may send you advertisement, or promotional communications by email we think you will be interested in as per our discretion, including, but not limited to, newsletters, special offers, surveys, and other news and information.

You agree that we may send you notifications regarding but not limited to your purchases, sales, content you may be interested in according to us and other notifications as per your interaction with our services. You would have the discretion to opt out of such communications at any time, by following the instruction mentioned on the website/application.

 

  1. User Content.

The users agree to follow the following guidelines:

Your profile information would be considered non-confidential and non-proprietary if you add it to the Website/application. By uploading user content/information to the Website/application, you grant us including but not limited to our licensees, successors, and assigns, the right to use such information in relation to the services/transactions on QUANTUM CHAINS. You reflect and warrant that you own and control all rights to the information shared on QUANTUM CHAINS; and all such information complies with these Terms & Conditions.

You agree and understand that you are solely responsible for the content/information you provide or produce on our platform, and you are solely responsible for the legality, reliability, accuracy, appropriateness and quality of that content/information and we are not responsible to any third party for the same.

We reserve the right to decline any content/information you intend to upload on QUANTUM CHAINS at our absolute discretion. Although, we are not obligated to monitor any such user content/information, we reserve the right to do so, at our discretion and for any reason we deem appropriate. We reserve the right to monitor user content/information to avoid frauds or any breach of Terms & Conditions.

 

  1. Ownership.

All content and material on the website/application including but not limited to marketplace/platform’s logo, its designs, text, graphics, pictures, details, data, software, sound files, any other such files and collection/NFTs and arrangements are the proprietary property of QUANTUM CHAINS or our ad hoc partners/creators. The QUANTUM CHAINS logo, service names, or slogans that appear or the website/application or anywhere on QUANTUM CHAINS are trademarks of QUANTUM CHAINS or affiliates and may not be reproduced, copied, or used, in whole or in part including that of our ad hoc partners/creators.

You are not entitled to use any of the contents on QUANTUM CHAINS or use framing techniques to enclose any QUANTUM CHAINS material. In addition, the look and feel of the website/application and content, including but not limited to all page headers, custom graphics, button icons, and QUANTUM CHAINS service mark, trademark, or trade dress, and may not be copied, imitated, or used, in whole or in part.

 

  1. Intellectual Property.

All other trademarks, sound marks, service marks, product name, and logos on the website/application including to that of QUANTUM CHAINS contents, are the property of their respective owners and may not be reproduced, imitated, or used, in whole or in part.

If you have the suspicion that third party material hosted by QUANTUM CHAINS is infringing your intellectual property rights, please contact us on nft@quantum-chains.com In such a case please provide the following details.

  1. A description of the intellectual property that you believe has been infringed.

  2. A description of the place on Site of the content that you claim is infringing.

  3. An electronic or physical signature of the individual allowed to act on behalf of the owner of the copyright interest.

  4. Your name, address, phone number, and e-mail address.

  5. A written declaration by you that the disputed use is not allowed by the copyright owner, its representative, or the law.

  6. A statement by you, made under penalty of perjury, that the above information in your notice is correct and that you are the owner of the intellectual property or authorized to act on the owner’s behalf.

 

  1. Your Use of QUANTUM CHAINS.

While using our website/application we grant you a revocable, non-exclusive, non-transferable license to access and use the content on QUANTUM CHAINS, under following conditions:

  1. Legal Conduct: You agree and understand not to participate in, or assist in, any activity that violates any legislation, statute, ordinance, rule, or sanctions.

  2. Abusive Conduct: You agree and understand not to participate in any activity that puts QUANTUM CHAINS at risk, such as spreading a virus or other malicious code or gaining unauthorized access to the website/application or other user’s accounts.

  3. Improper Conduct: You agree and understand not to prohibit other users from accessing or using the platform.

  4. Communication: You agree and understand not to communicate with any other user for sending unsolicited ads or advertisement, donation requests, or spam; or threatening, insulting or abusing other users; or interfering with other users’ transaction or other such activities.

  5. Fraud: You agree and understand not to participate in any activity that aims to defraud QUANTUM CHAINS, other users, or anyone else, or to provide QUANTUM CHAINS with any fraudulent, inaccurate, or misleading details.

  6. Gambling: You agree and understand not to use QUANTUM CHAINS to access/compete in any lottery, auctions, tournaments, sweepstakes, or other games of chance.

  7. Taxes: You are solely responsible for determining what, if any, taxes apply to your transactions. QUANTUM CHAINS is not responsible for determining the taxes that apply to your NFTs.

  8. Additional Prohibitions: You agree and understand not to alter or construct derivative works from the website/application or its content/NFT, or any portion thereof; use any data mining, robots, or similar data gathering or extraction methods on the website/application or its content/NFT.

While purchasing NFT from QUANTUM CHAINS the buyer would acquire a worldwide exclusive right to use and display the NFT solely for the following reasons:

  1. For the buyer’s personal, non-commercial use except for secondary sale of NFT.

  2. As part of a marketplace that permits the purchase and sale of the NFTs provided that the marketplace cryptographically verifies each NFT owner’s rights to display the NFT as purchased by them to ensure that only the actual owner can display/further sell the NFT.

  3. The buyer will not modify the NFT.

  4. The buyer shall not use the NFT to advertise, market or sell any product or service.

  5. The buyer shall not use the NFT for any illegal or immoral purpose.

  6. The buyer shall not use the NFT in any movie, or video or any form of media.

  7. Save and except for ownership of the NFT, the buyer shall not acquire any intellectual property rights in any underlying work or digital asset through which the NFT is created.

 

  1. Privacy.

You agree, understand and consent that your personal information may be required or collected, used, and released in compliance with QUANTUM CHAINS privacy policy, which is deemed to be incorporated into these Terms and Conditions.

You agree and accept that QUANTUM CHAINS reserve the right to make changes to its service/platform at any time.

 

  1. Risks.

Please be aware of the following risks while transacting for NFTs:

The price and liquidity of blockchain assets, are extremely volatile and may fluctuate drastically. Price fluctuation in other digital assets can have a material and negative impact on QUANTUM CHAINS NFTs, which may also be subject to considerable price volatility.

Legislative and regulatory adjustments or acts at the province, federal, and international levels could have a negative impact on the use, move, trade, and value of QUANTUM CHAINS NFT. Damages arising from fraudulent or unintentional transactions may not be recoverable. Any transactions in QUANTUM CHAINS will be considered completed only when they are registered on a public ledger, which may or may not be the same as the date or time you initiated the transaction. The value of QUANTUM CHAINS NFT may be derived from market participants’ continued willingness to swap fiat currency or digital assets for QUANTUM CHAINS NFT, which may result in the permanent and absolute loss of value of a specific asset.

Changes to third party website/application may create a risk that your access to and use of the website/application will suffer due to the nature of NFT, which may lead to an increased risk of fraud or cyber assault.

You accept, agree and understand that you are solely responsible for evaluating the existence, potential benefit, suitability, and appropriateness of these risks for yourself, and that of QUANTUM CHAINS does not include advice or guidance about NFTs, including their suitability and appropriateness, as well as investment strategies for NFTs. You understand and accept that by accessing and using QUANTUM CHAINS, you are agreeing to the following terms and conditions.

This brief statement, however, does not cover all of the risks that come with QUANTUM CHAINS NFTs and other digital properties. You acknowledge and accept that QUANTUM CHAINS is not liable for any communication failures, disturbances, mistakes, distortions, or delays you may encounter while using QUANTUM CHAINS/NFT regardless of the cause.

 

  1. Third Parties.

For carrying out QUANTUM CHAINS transaction, we may use third-party platforms. Third-party websites, applications or any such platform (collectively, “Third Party Sites”) can be linked from/to our Platform. Third-Party Sites may or may not be managed or operated by QUANTUM CHAINS. You accept, consent and understand that your use of any Third-Party Sites through QUANTUM CHAINS is subject to any applicable terms & conditions and/or privacy policies of such Third-Party Sites. Before continuing with any transaction with any third party, you are responsible to review any terms of use and/or privacy policies offered by such Third-Party Sites and perform whatever investigation you find necessary or reasonable.

QUANTUM CHAINS offers these Third-Party Sites only for your convenience and does not authorize, track, support, warrant, or make any claims about them, their goods, or services. All links on Third Party Sites are used at your own risk and we are not liable in any way.

 

  1. Disclaimers.

The content of the website/application herein and NFTs listed herein are provided on an “AS IN” and “AS AVAILABLE” basis, without any warranties or conditions whatsoever either express or implied, unless expressly provided in contrary in writing herein. QUANTUM CHAINS makes no warranty whatsoever, that the website/application will meet your requirements; be available on an uninterrupted, timely, secure, or error-free basis.

QUANTUM CHAINS may not be held liable for any losses of any kind whatsoever from any action carried out or taken in reliance of any content, material, or information contained on the website/application.

QUANTUM CHAINS attempts to make your access and use of the website/application and its content safe, however QUANTUM CHAINS does not in any way represents or warrants that the website/application, its content, material, information, or service are free of viruses or other harmful components. We are not responsible for or guarantee the security of any data that is disclosed by you online. You accept and understand that it’s solely your responsibility and inherent security risk of providing or sharing information and dealing online over internet.

We will not be held responsible or liable for any losses, damages, or claims arising from, user error such as forgotten passwords, incorrectly constructed transactions, or mistyped addresses; server failure or data loss; corrupted wallet files; unauthorized access to applications/websites; any unauthorized third-party activities, including but not limited to the use of viruses, phishing, brute forcing or other means of attack against the website/application and its content.

QUANTUM CHAINS NFTs are intangible digital assets, they exist only by virtue of the ownership record maintained in the network. Any transfer of title that might occur in any unique digital asset, occurs on the decentralized ledger within the platform.

QUANTUM CHAINS is not responsible and may not be held liable for any losses or damages caused due to vulnerability or any kind of failure, abnormal behavior of software, blockchain or any other feature of QUANTUM CHAINS/NFT. We will not be responsible and may not be held liable for any losses or damages incurred due to late or no reports by developers or representatives of any issues related to blockchains supporting QUANTUM CHAINS/ NFTs including but not limited to forks, technical node issues, or any other issues resulting in loss of funds.

To the fullest extent provided by law, QUANTUM CHAINS hereby disclaims all warranties of any kind, whether express or implied, statutory, or otherwise, including but not limited to any warranties of merchantability, fitness for a particular purpose, title and non-infringement as to the website/application, its content, material, or information contained therein.

The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.

 

  1. Limitation of Liability.

QUANTUM CHAINS will not be liable to you or to any other third-party for any lost profit or any indirect, consequential, exemplary, incidental, special or punitive damages arising from this agreement, the website/application, products or third party websites 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 QUANTUM CHAINS has been advised of the possibility of such damages. Access to, and use of, the website/application, 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 any such electronic device or loss of data resulting therefrom. Notwithstanding anything to the contrary contained herein, in no event shall the maximum aggregate liability of QUANTUM CHAINS arising out of or in any way related to this agreement, the access to and use of the website/application, content, or any products or services purchased on the website/application exceed the greater of (a) $100 or (b) the amount you have paid to QUANTUM CHAINS for the respective service/product out of which liability arose.

 

  1. Indemnification.

You understand and agree to indemnify, defend and hold harmless QUANTUM CHAINS, and our respective past, present and future employees, officers, directors, contractors, equity holders, suppliers, vendor, service provider, parent company, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively, QUANTUM CHAINS) to the fullest extent permitted by applicable law, from and against all actual or alleged third party claims, damages, awards, judgments, losses, liabilities, obligations, 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:

  1. Your use or misuse of the website/application, or its content, materials, NFTs or information.

  2. Any feedback provided by you.

  3. Your violation of these Terms & Conditions.

  4. Your violation of rights, or obligation of third-party, including any other user of third-party.

You agree to promptly notify QUANTUM CHAINS of any third-party Claims and cooperate with the QUANTUM CHAINS Parties in defending such Claims. You further agree that the QUANTUM CHAINS Parties shall have control of the defence or settlement of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and QUANTUM CHAINS.

 

  1. Governing Law.

The terms of use as per this agreement, your use of QUANTUM CHAINS, your rights and obligations, and any such action contemplated by, arising out of or related to these Terms & Conditions shall be governed by the laws of The United Arab Emirates.

You understand and agree that your use of QUANTUM CHAINS as contemplated by these Terms & Conditions shall be deemed to have occurred in Delaware and be subject to the Internal Laws of Delaware without regard to its conflicts of Law Provisions.

 

  1. Disputes.

Please read the following Arbitration Agreement carefully. This provision allows you to settle conflicts with QUANTUM CHAINS by arbitration and restricts your obtaining relief from us:

You understand and agree that any arbitration or other permitted action with respect to any Dispute shall be conducted in their individual capacities only and not as a class action or other representative action, and the Users expressly waive their right to file a class action or seek relief on a class basis.

You understand and accept that any dispute, claim, argument, or controversy arising out of your access, use, attempt to access, or attempt to use of the website/application, or sales, distribution or purchase of goods/service through website/application, or any aspect of your relationship with QUANTUM CHAINS, will be settled through binding Arbitration, rather than in court, including threshold questions of the arbitrability of such dispute, claim, argument, or controversy EXCEPT that:

  1. You or QUANTUM CHAINS may assert claims in small claims court, but only if the claims qualify, the claims remain only in such court, and the claims remain on an individual, non-representative, and non-class basis.

  2. You or QUANTUM CHAINS may seek injunctive or equitable relief in a court of proper jurisdiction if the claim relates to intellectual property, infringement or other misuse of intellectual property rights.

You understand and accept that all such Arbitration would be determined purely by binding arbitration held in United Arab Emirates and governed under Dubai FZCO Act.

The Arbitrator shall have exclusive jurisdiction to:

  1. Assess the scope and enforceability of this Arbitration Agreement.

  2. Settle any dispute arising out of the understanding applicability, enforceability, or formation of this Arbitration Agreement, including but not limited to, any argument that all or part of this Agreement is invalid.

  3. Assess your and QUANTUM CHAINS rights and liabilities, if any.

  4. Grant motions dismissing all or part of any claim.

  5. Award monetary damages and any non-monetary remedy or relief available to a party under applicable law, arbitration act, and these Terms & Conditions.

The arbitrator has the same right to grant individual relief. The arbitrator will issue a written award and statement of decision detailing the main findings and assumptions that contributed to the award, as well as the amount of any damages awarded. The award of the Arbitrator is final and binding on both of us. By agreeing to this Arbitration Agreement, you are waiving your right to a jury trial and to engage in a class action or class arbitration.

If any part of this Arbitration Agreement is found to be null or unenforceable, that part shall be severed, and the remaining portions of the Arbitration Agreement shall remain in full force and effect.

This Arbitration Agreement will remain in effect until your relationship with QUANTUM CHAINS and thereafter.

 

  1. Severability.

If any word, term, clause, or provision contained in these Terms & Conditions is held invalid or unenforceable, the word, term, clause or provision will be severable from the reminder of the Terms & Conditions and will not impact the validity or enforceability of the remaining part of that term, clause, or provision, or any other word, term, clause, or provision of these Terms & Conditions.

 

Full Agreement.

These Terms & Conditions reflect the entire agreement between you and QUANTUM CHAINS and supersede any and all previous negotiations, agreements, and understandings. Unless otherwise stated, these Terms and Conditions are solely for the benefit of the parties concerned.

 

  1. Survival.

You understand and accept that all clauses of these Terms & Conditions will survive the termination of these Terms & Conditions.

 

  1. Contact Information.

CONTACT US info@quantum-chains.com

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