TERMS OF USE

AGREEMENT TO TERMS

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and OpulenceX, (“OpulenceX”, “we”, “us”, or “our”), concerning your access to and use of the OpulenceX website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”).

OpulenceX is a platform that allows you to collect, issue, and display NFTs. “NFT” in these Terms of Use means a non-fungible token or similar digital item implemented on a blockchain, which uses smart contracts to link to or otherwise be associated with certain content or data. As a platform provider, OpulenceX does not act as a seller of the products, but as an intermediary media for the seller and buyer to conduct transactions through the Site. We do not have custody or control over the NFTs or blockchains you are interacting with and we do not execute or effectuate purchases, transfers, or sales of NFTs.

To use our service, you must use a third-party wallet which allows you to engage in transactions on blockchains. Please see the point on limitations of liability for the details. You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. Please ensure that you check the applicable Terms every time you use our Site so that you understand which Terms apply.

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.

INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Site are our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws, international copyright laws, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only.

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use.

For the users who sell their NFTs in the Site, you acknowledge that:

• You are the original owner or holder of the intellectual property rights of NFTs published on the Site.
• You hereby declare that you fully own the intellectual property rights to the NFTs published on the Site exclusively and guarantee that there are no claims from third parties for the ownership of the NFTs.

We may remove the NFTs which violate other party’s intellectual property rights from the Site. The seller of the NFT will take full responsibility for any claims arising from other third parties regarding the infringement of the intellectual property rights of such NFT.

USER REPRESENTATIONS

By using the Site, you represent and warrant that: (1) you have the legal capacity and you agree to comply with these Terms of Use; (2) you are not a minor in the jurisdiction in which you reside; (3) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise; (4) you will not use the Site for any illegal or unauthorized purpose; and (5) your use of the Site will not violate any applicable law or regulation.

REFUNDS POLICY

All sales are final and no refund will be issued.

PROHIBITED ACTIVITIES

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. As a user of the Site, you agree not to:

• Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
• Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
• Circumvent, disable, or otherwise interfere with security-related features of the Site.
• Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
• Use any information obtained from the Site in order to harass, abuse, or harm another person.
• Make improper use of our support services or submit false reports of abuse or misconduct.
• Use the Site in a manner inconsistent with any applicable laws or regulations.
• Engage in unauthorized framing of or linking to the Site.
• Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming.
• Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
• Delete the copyright or other proprietary rights notice from any Content.
• Attempt to impersonate another user or person or use the username of another user.
• Upload or transmit any material that acts as a passive or active information collection or transmission mechanism (e.g., "spyware", "pixels", "cookies").
• Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
• Harass, annoy, intimidate, or threaten any of our employees or agents.
• Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site.
• Copy or adapt the Site's software, including but not limited to HTML, JavaScript, or other code.
• Decipher, decompile, disassemble, or reverse engineer any of the software comprising the Site.
• Use a buying agent or purchasing agent to make purchases on the Site.
• Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users for unsolicited email.
• Sell fraud items.

USER GENERATED CONTRIBUTIONS

We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site (collectively, "Contributions"). Contributions may be viewable by other users of the Site and through third-party websites. When you create or make available any Contributions, you thereby represent and warrant that:

• Your Contributions do not infringe the proprietary rights, including copyright, patent, trademark, trade secret, or moral rights of any third party.
• You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions.
• You have the written consent, release, and/or permission of each identifiable individual person in your Contributions.
• Your Contributions are not false, inaccurate, or misleading.
• Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, or spam.
• Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable.
• Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
• Your Contributions do not promote violence against a specific person or class of people.
• Your Contributions do not violate any applicable law, regulation, or rule.
• Your Contributions do not violate the privacy or publicity rights of any third party.
• Your Contributions do not include any offensive comments connected to race, national origin, gender, sexual preference, or physical handicap.

PRODUCTS OR SERVICES

Data and images of products on the Site may be provided by third-party services or blockchain. We have made every effort to display as accurately as possible the data and images of the products that appear on the Site. We cannot guarantee that your computer monitor's display of any data or images will be accurate or up-to-date.

You understand and agree that the availability of product is the responsibility of the seller. We do not keep any stocks of the product or any inventories which are offered in the Site.

THIRD-PARTY LINKS

Third-party links on the Site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites.

CONTRIBUTION LICENSE

You and the Site agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy. By submitting suggestions or other feedback regarding the Site, you agree that we can use and share such feedback for any purpose without compensation to you.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions.

SITE MANAGEMENT & TERMINATION

We reserve the right to monitor the Site for violations, take legal action, refuse/restrict access to Contributions, and manage the Site to protect our rights.

These Terms of Use shall remain in full force and effect while you use the Site. WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE TO ANY PERSON FOR ANY REASON.

DISPUTE RESOLUTION

These Terms of Use will be governed by and construed in accordance with the laws of the United States of America. Any dispute shall be resolved by binding arbitration under the American Arbitration Association ("AAA") Consumer Arbitration Rules.

Restrictions: The Parties agree that any arbitration shall be limited to the Dispute between User and OpulenceX. No arbitration shall be joined with any other proceeding, and there is no right or authority for any Dispute to be arbitrated on a class-action basis.

DISCLAIMER

THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (2) PERSONAL INJURY OR PROPERTY DAMAGE, (3) UNAUTHORIZED ACCESS TO SERVERS, (4) INTERRUPTION OF TRANSMISSION, OR (5) BUGS OR VIRUSES TRANSMITTED BY THIRD PARTIES.

LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

To the extent permitted by applicable law, OpulenceX is not responsible for damages resulting from:

• The usage or inability to use the OpulenceX Platform.
• Prices and stocks of the products offered.
• Error, losses, delays or undelivered products.
• Delays or interruptions in the platform’s services.
• Negligence and losses incurred by each user.
• Violation of Intellectual Property Rights.
• Disputes between users.
• Misuse of products that have been purchased by the user.
• Extra fees (including taxes) for transactions.
• Losses due to unauthorized payments.
• Viruses or other malicious software.
• The user's account/wallet being hacked by a third party.
• Misuse of user’s account due to user’s negligence (e.g. sharing seed phrases).

INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand made by any third party due to or arising out of your use of the Site or breach of these Terms.

ELECTRONIC COMMUNICATIONS & WALLETS

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications and agree that all agreements provided electronically satisfy any legal requirement that such communication be in writing.

Transactions will be done using Cryptocurrency Wallets. OpulenceX does not have custody or control over the contents of your wallet and has no ability to retrieve or transfer its contents. You are solely responsible for keeping your wallet secure and you should never share your wallet credentials or seed phrase with anyone.

ASSUMPTION OF RISK

You accept and acknowledge:

• The value of NFTs is subjective. Prices of NFTs are subject to volatility.
• Regulatory regimes governing blockchain technologies are uncertain.
• You are solely responsible for determining applicable taxes.
• There are risks associated with purchasing items created by third parties (counterfeit items, smart contract bugs).
• We do not control the public blockchains you interact with. Blockchain transactions are irreversible.
• There are risks associated with using Internet and blockchain-based products (hardware failure, malicious software).

CONTACT US

In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at: admin@opulencex.io