THESE TERMS AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS, DO NOT ACCESS, OR USE OUR SERVICES.
We may offer, from time to time, a special feature that has its own Terms that apply in addition to these Terms. In case of any doubt or conflict, the new Terms shall prevail.
SCOPE OF OUR SERVICE
Through the Website, FreshStash provides an online, unique platform that is a combination of a classic marketplace of non-fungible tokens (hereinafter referred to as: “Marketplace”) and a metaverse content transformer, accordingly FreshStash is the operator of this Marketplace. FreshStash therefore provides a platform where you may sell and purchase digital assets through an auction. FreshStash declares that FreshStash shall not be a party in the agreement concluded after the auction between the seller and the purchaser. Digital assets shall mean collectible cryptos and unique non-fungible tokens (hereinafter referred to as: “NFT” or “Digital Assets” or “Crypto Assets”) through blockchains. You shall be expressly responsible for the authenticity of the NFTs that are being purchased by you on our Website.
You shall take part in the auctions by using digital, crypto wallets (hereinafter referred to as: “Crypto Wallet”) (such as Metamask, which can be found at: https://metamask.io/), which help you to purchase the Crypto Assets with cryptocurrencies. By using our services, you shall agree to use a crypto wallet to purchase Digital Assets and you shall comply with the terms of the crypto wallet.
We reserve the right to change these Terms from time to time at our sole discretion. Unless the change is necessitated by legal or administrative reasons, we shall provide notice before the updated terms become effective. You agree that we may notify you of the updated terms by posting them on the Website or by notifying you via email. Your use of the Services after the effective date of the updated terms constitutes your agreement to the updated terms. The updated terms shall be effective as of the date of posting or at such later date as may be specified in the updated terms.
FreshStash reserves the right to modify, suspend, or terminate the Service, or your access to the Service, for any reason, without notice, at any time, and without liability to you.
By using our Services, you affirm that either you are at least 16 years of age or have been authorized to use the Service by your parent or guardian who is at least 16 years of age. You represent and warrant that you have the legal capacity or necessary authorization to enter into and agree to these Terms in your jurisdiction.
You are exclusively liable and responsible (i) for your actions and (ii) for any information expressed in written, graphic, or other tangible, perceptible form, including without limitation information, data, files, text, or any other information, applications, links, images, graphics, drawings, music, sounds, audio clips, video images, video clips, photos, data, text, usernames, profiles, and also (iii) for any other content you create, send, upload, submit, post or display to your User Profile (see below), on or via the Website, or send, upload, submit, post or display in relation to the use of the Service (collectively hereinafter referred to as: “Content“).
The information that We disclose is based on the information provided to us by the Users. As such, the Users are given access to the Website through which the relevant User is fully responsible for updating all relevant data, availability and other information which is displayed on our Website. Although We will use reasonable skill and care in performing Our services, We will not verify if, and cannot guarantee that, all information is accurate, complete or correct. Each User shall always remain responsible for the accuracy, completeness, and correctness of the (descriptive) information displayed on Our Website. Our Website does not constitute and should not be regarded as a recommendation or endorsement of the quality, service level, qualifications or rating of any registered User.
There may be links from the Website to third-party websites or features. Third-party content may also be included in the Service. This Third-party related content and these Third-party websites and features etc. are not controlled, maintained, or endorsed by FreshStash. You expressly acknowledge and agree that FreshStash is in no way responsible or liable for any such third-party services or features.
FreshStash cannot be held responsible for any errors, any interruptions (whether due to any (temporary and/or partial) breakdown, repair, upgrade, or maintenance of the Website or otherwise), or any inaccurate, misleading or untrue information or non-delivery of information.
You expressly acknowledge the following:
- You shall be responsible if any taxes, or any other fees apply to your transactions of the Digital Assets. FreshStash shall not be responsible for declaring taxes.
- You represent and warrant that you own the Content posted by you in relation to using the Service, or otherwise have the right to grant the rights and licenses set forth in these Terms.
- You represent and warrant that the posting or use of your Content and Crypto Asset does not violate or infringe on the rights of any third party including, without limitation, copyrights, privacy rights, trademarks or other intellectual property rights.
- You are solely responsible for your interaction with other Users of the Service. You agree that FreshStash is not responsible for the conduct and behaviour of other Users. FreshStash reserves the right but has no obligation to take part in disputes between the Users of the Service.
- You are responsible for any activity that occurs through your account, and you are responsible for keeping your password secret and secure.
- You are not allowed to re-sell, deep-link, use, copy, monitor, display, download or reproduce any content or information, software, products, digital assets or services available on our website for any commercial or competitive activity or purpose.
- You shall not post Content, or any Digital Asset that is violent or incites violence or contains graphic or gratuitous violence, nude, partially nude, discriminatory, unlawful, infringing, hateful, threatening, obscene, pornographic, or sexually suggestive photos or other content that infringes or violates someone else’s rights or otherwise violates the law via the Website. In case you have knowledge that an NFT of other User shall be connected to illegal activities, please feel free to contact us without delay.
- You will not insult, offend, abuse, harass, impersonate, intimidate, defame, bully, threaten or terrorize people or entities with or without legal personality.
- You will not use FreshStash for any unlawful, illegal, criminal, illegitimate or unauthorized purpose. You hereby undertake to comply with all legal regulations and laws applicable to your use of FreshStash.
- You shall not use the Ethereum Platform for illegal activities.
- You shall not mislead the auctions by false bids.
- You understand that FreshStash shall not be responsible for any issues in connection with the online-based currency.
- You expressly understand that the technologies in connection with the NFTs and online blockchains mechanisms is a new, uncertain area, therefore, new legislation might come into force that may affect (negatively) the transfer of digital assets.
- You acknowledge that FreshStash has every right to make the digital assets on the Website inaccessible if needed.
- You will not amend, change, modify, or adapt FreshStash, or amend, change, or modify another website to imply that it is identical with, or similar, to FreshStash, or that it is in any ways associated with FreshStash.
- You shall not interfere or disrupt FreshStash or servers or networks connected to FreshStash including by transmitting or uploading any worms, viruses, spyware, malware, malicious code or any other code of a destructive or disruptive nature. You will not inject content or code or otherwise alter or interfere with the way in which any FreshStash page is rendered or displayed in a User’s browser or on their device.
- You will not collect other Users’ Content or information, or otherwise access FreshStash or create accounts with FreshStash via unauthorized means, for example by using an automated device, script, bot, spider, robot, crawler or scraper, without our prior written authorization.
- You will not try to limit in any ways other Users’ rights to access or use FreshStash and you will not try to aid or inspire anyone to violate the Terms or any other FreshStash terms or guidelines as updated from time to time.
We do not allow the promotion of products or services that cause damage, harm, or injury to other people or their property, including but not limited to the following:
- Guns and parts
- Dangerous knives and other weapons
- Recreational drugs & drug-related equipment
- Tobacco products and related equipment
- Illegal prescription medication
- Products or services or digital assets (“item” or “items”) related to copyright and trademark infringement
VIOLATION OF THESE TERMS MAY, FRESHSTASH’S SOLE DISCRETION, RESULT IN THE TERMINATION OF YOUR ACCOUNT. YOU UNDERSTAND AND AGREE THAT FRESHSTASH CANNOT AND WILL NOT BE RESPONSIBLE FOR THE CONTENT POSTED ON OR VIA THE WEBSITE AND THAT YOU USE FRESHSTASH AT YOUR OWN RISK AND OF YOUR OWN WILL. IF WE ARE MADE AWARE AND/OR BELIEVE THAT YOU VIOLATE THESE TERMS, OR OTHERWISE CREATE RISK OR POSSIBLE LEGAL EXPOSURE FOR FRESHSTASH OR ANY THIRD PARTY, WE MAY REMOVE ANY CONTENT YOU POST, UPLOAD OR SUBMIT, OR WE RESERVE THE RIGHT TO STOP PROVIDING ALL OR PART OF THE SERVICES TO YOU.
ACCOUNT REGISTRATION AND FURTHER CORRESPONDENCE
For Users to be able to use the Service, a FreshStash account registration process must be completed, and an account shall be established (hereinafter referred to as: “Account“) as described below.
In order to visit the Website and take part in the auction of the NFTs you will be required to sign in by logging into Our registration procedure by creating a username and a password (hereinafter referred to as: “Account ID“) with your valid email address or simply by using one of your third-party social networking sites (hereinafter referred to as: “SNS“) (options available on the Website, each such social media account, a “Third-Party Account“), via our Website, as described below.
You represent that you are entitled to disclose your Third-Party Account login information to FreshStash and/or to grant FreshStash access to your Third-Party Account (including, but not limited to, for the purposes described herein), without causing a breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating FreshStash to pay any fees or making FreshStash subject to any usage limitations imposed by such third-party service providers. By granting FreshStash access to any Third-Party Accounts, you understand that FreshStash will access, make available and store (if applicable) specific content to the extent that you have elected it to be transferred from your Third-Party Account (hereinafter referred to as: “SNS Content“), and FreshStash can post, upload, publish, submit, transmit, or otherwise include what is available on and through your FreshStash User Profile page.
PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. FreshStash makes no effort to review any SNS Content for any purpose including, but not limited to, for accuracy, legality, or non-infringement, and FreshStash is not responsible for any SNS Content.
You are solely responsible for all use that you make of the Website and for all Content and Content created through Your Account. You shall ensure the security of Your Account ID and will notify FreshStash immediately if any Account ID is lost, stolen or otherwise compromised.
FreshStash can change at their discretion the usernames, the profile pictures or any other data on the profile of Users if it is deemed necessary, false, offensive, impersonates another party of if such username, profile picture or data is subject to a registered trademark of any third party.
TERMINATION AND ACCOUNT CANCELLATION
We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time, decide to limit, suspend, deactivate, or cancel your FreshStash Account and/or terminate your access to the Service or the Website temporarily or permanently. If we exercise our discretion under these Terms, or You cancel your Account at your sole discretion as defined below, any or all of the following can occur with or without prior notice or explanation to you: your Account will be deactivated or suspended, your password will be disabled, and you will not be able to access the Website, your Account, your User Profile and Content, or receive assistance from FreshStash customer Service.
You may cancel or suspend your FreshStash Account at any time via the “Close Account” and the “Suspend Account” feature of the Website.
If you close your account with the “Close Account” feature, please note that your account will be deleted and no longer will be available.
Please note that if your Account is closed, we do not have an obligation to delete or return to you any Content you have posted to the Site including, but not limited to, any reviews and ratings.
INTELLECTUAL PROPERTY RIGHTS
FreshStash is granted the exclusive license of all rights, titles, and interest in and to all intellectual property rights of the Website on which the Service is made available (including the User Reviews), the Content and information of and material on the Website, the brand FreshStash and the software required for the Service or available on or used by the Website. To the extent that you would (wholly or partly) use or combine our content or would otherwise own any intellectual property rights on the Website or any content, you hereby assign, transfer, and pass over all such intellectual property rights to FreshStash. Any unlawful use or any of the actions or behaviour will constitute a material infringement of our intellectual property rights (including copyright and database right).
THE SERVICE IS PROVIDED ON AN “AS IS”AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER FRESHSTASH NOR ITS OWNERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, SUBSIDIARIES, AFFILIATED COMPANIES, DISTRIBUTORS, LICENSEES, AGENTS, OR OTHERS INVOLVED IN CREATING, SPONSORING, PROMOTING, OR OTHERWISE MAKING AVAILABLE THE WEBSITE (COLLECTIVELY, “THE FRESHSTASH RELATED PARTIES”) MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (i) THE WEBSITE; (ii) THE SERVICE; (iii) USER CONTENT OR DIGITAL ASSET; OR (iv) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO FRESHSTASH OR VIA THE SERVICE; (v) THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED; (vi) THAT ANY DEFECTS IN THE SERVICE WILL BE CORRECTED; (vii) THAT THE SERVICE OR THE SERVER MAKING AVAILABLE THE SERVICE IS FREE FROM VIRUSES OR OTHER HARMFUL EFFECTS. IN ADDITION, THE FRESHSTASH RELATED PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICE IS AT YOUR OWN RISK.
BY UPLOADING DIGITAL ASSETS ONTO OUR SYSTEM, YOU CERTIFY, WARRANT AND AGREE THAT YOU OWN THE COPYRIGHT TO THE DIGITAL ASSETS AND THAT YOU AGREE THAT FRESHSTASH MAY USE THE UPLOADED DIGITAL ASSETS ON ITS (MOBILE) WEBSITE AND APP, AND IN (ONLINE/OFFLINE) PROMOTIONAL MATERIALS AND PUBLICATIONS AND AS FRESHSTASH AT ITS DISCRETION SEES FIT. BY UPLOADING THESE DIGITAL ASSETS, THE PERSON UPLOADING THE CRYPTO ASSETS ACCEPTS FULL LEGAL AND MORAL RESPONSIBILITY FOR ANY AND ALL LEGAL CLAIMS THAT ARE MADE BY ANY THIRD PARTIES (INCLUDING, BUT NOT LIMITED TO, PROPERTY OWNERS) DUE TO FRESHSTASH PUBLISHING AND USING THESE DIGITAL ASSETS. FRESHSTASH DOES NOT OWN OR ENDORSE THE DIGITAL ASSETS THAT ARE UPLOADED. THE TRUTHFULNESS, VALIDITY AND RIGHT TO USE ALL DIGITAL ASSET IS ASSUMED BY THE PERSON WHO UPLOADED THE DIGITAL ASSET AND FRESHSTASH DISCLAIMS ALL RESPONSIBILITY AND LIABILITY FOR THE DIGITAL ASSETS POSTED.
LIMITATION OF LIABILITY
To the extent permitted by law, neither FreshStash nor any of the FreshStash related Parties shall be liable for (i) any direct, punitive, special, indirect or consequential loss or damages, any loss of production, loss of profit, loss of revenue, loss of contract, loss of or damage to goodwill or reputation, or loss of claim that are directly or indirectly related to (A) the service, (B) the User Content or Digital Asset (C) the Website; (ii) any (direct, indirect, consequential or punitive) damages, losses or costs suffered, incurred or paid by you, pursuant to, arising out of or in connection with the use, inability to use, delay in the operation of, or any malfunction to our Website or the Service, or any errors or omissions in the Service’s operation; (iii) any (personal) injury, death, property damage, or other (direct, indirect, special, consequential or punitive) damages, losses or costs suffered, incurred or paid by you, whether due to (legal) acts, errors, breaches, (gross) negligence, wilful misconduct, omissions, non-performance, misrepresentations, tort or strict liability by or (wholly or partly) attributable to the (A) Service (B) User Content or Digital Asset (C) or any of our business partners (including any of their employees, directors, officers, agents, representatives or affiliated companies) whose products or service are (directly or indirectly) made available, offered or promoted on or through the website, including any (partial) cancelation, overbooking, force majeure or any other event beyond our control; (iv) any damage to any User’s computer, mobile device, or other equipment etc.
You hereby agree to indemnify, defend, and hold harmless FreshStash and all FreshStash Related Parties from any and all claims, losses, liabilities, damages, fees, expenses and costs (including attorneys’ fees, court costs, damage awards, and settlement amounts) that result from any claim or allegation against either FreshStash itself or any FreshStash Related Parties arising from Your access to or use of the Service, Content or Website, and any breach by You of these Terms. FreshStash will provide You with notice of any such claim or allegation, and FreshStash will have the right to participate in the defence subject to indemnification by you.
TIME LIMITATION ON CLAIMS
You agree that, to the extent permissible by law, any claim you may have arisen out of or in connection with your relationship with FreshStash must be filed within one year after such claim arose. Following the one-year period, your claim becomes permanently barred.
If any provision of these Terms is or becomes invalid, unenforceable, or non-binding, you shall remain bound by all other provisions herein. In such an event, such invalid provision shall nonetheless be enforced to the fullest extent permitted by the applicable law, and you will at least agree to accept a similar legal effect as the invalid, unenforceable or non-binding provision seeks to achieve, given the contents and purpose of these Terms.
CUSTOMER SERVICE AND THE HANDLING OF COMPLAINTS
Queries or requests for information or complaints in accordance with our services should be sent by emailing us, through the “Contact” section of the Website. For ease of resolution, Users are encouraged to bring their complaints within 30 calendar days of when a registered assignment is taken by the Provider.
In general, complaints will be dealt with as soon as is reasonably practicable, so that measures can be taken to resolve the problem and to limit the damage suffered by the reporting User. However, exceptions may be made depending on the circumstances.
Occasionally we may make changes to the Terms for valid reasons, such as improving the existing functions or features or adding new functions or features to the Services and for legal or regulatory reasons. When we make material changes to the Terms, we’ll provide you with a notice as appropriate under the circumstances, e.g., by displaying a prominent notice or by sending you an email. In some cases, we will notify you in advance, and your continued use of the Services after the changes have been made will constitute your acceptance of the changes. Please therefore make sure you read any such notice carefully. If you do not wish to continue using the Services under the new version, you may terminate your account by contacting us or by closing your account.