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Terms Of Service

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Last Updated: June 12, 2024

PLEASE READ THIS AGREEMENT CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW DISPUTES BETWEEN YOU AND JPG STORE ARE RESOLVED. BY USING THE APPLICATION, YOU ACCEPT THE TERMS OF THIS AGREEMENT.

Introduction

Welcome to jpg.store, owned and operated by JPEG INC. (“JPG Store,” “we,” “us”, or “our”). These Terms of Service (“Terms”) govern your access to and use of the jpg.store website, JPG Studio, the JPG Bot, our APIs, our mobile application (“App”), and any other product provided on or in connection with our services.

Including without limitation using our services to view, explore, help display and create NFTs, using our tools, at your own discretion, to connect directly with others to mint, purchase, sell, or transfer NFTs, and offer, lend or receive a loan on public blockchains (collectively, the “Service” or “Services”). “NFT” in these Terms means a non-fungible token or similar digital item implemented on the Cardano blockchain, which uses smart contracts to link to or otherwise be associated with certain content or data.

For purposes of these Terms, “user”, “you”, and “your” mean you as the user of the Service. If you use the Service on behalf of a company or other entity then “you” includes you and that entity, and you represent and warrant that (a) you are an authorized representative of the entity with the authority to bind the entity to these Terms, and (b) you agree to these Terms on the entity’s behalf. These Terms apply to all uses of the Services and any other dealings between JPG Store and its users.

By using the Services (including the App), you agree to these “Terms of Service” (the “Agreement”) and our Privacy Policy.

JPG Store provides several Services. These include a website-hosted user interface which acts as a front-end only for the sale and purchase of NFTs; a website-hosted user interface which acts as a front-end only for the purpose of lending and borrowing the value of NFTs; a website-hosted service for collection creators to mint and sell NFTs to collectors; a mobile app; and JPG Studio, software that can be used to generate artwork for collection creators. JPG Store is not a wallet provider, exchange, broker, dealer, financial institution, payments processor, money services business, or creditor. JPG Store provides a peer-to-peer web3 service that helps users discover and directly buy, sell, loan, or borrow with each other and NFTs available on public blockchain. Additionally, JPG Store provides the user access to a decentralized, permissionless protocol on the Cardano blockchain that allows users to use non-fungible tokens to receive secured cryptocurrency loans from liquidity providers in a peer-to-peer manner. We do not have custody or control over the NFTs or blockchains you are interacting with. We do not execute or effectuate purchases, transfers, sales, or loans of NFTs. We do not negotiate or control the loan terms offered or agreed upon by the users. To use our Service, you must use a third-party wallet which allows you to engage in transactions on blockchains. By connecting a third-party wallet, you represent and warrant to us that you are the owner of and control the wallet.

JPG Store is not party to any agreement between any users. You bear full responsibility for verifying the identity, legitimacy, and authenticity of NFTs that you purchase from third-party sellers using the Service and we make no claims, guarantees, or recommendations about the identity, legitimacy, functionality, or authenticity of users or NFTs (and any content associated with such NFTs) visible on the Service.

A user who owns an NFT may offer a third-party lender (“Lender”) the opportunity to submit loan offers. Either party may propose a loan amount, duration, interest rate and NFT collateral. The user who owns such NFT collateral (“Borrower”) can accept the Lender’s offer and borrow the offered loan amount in accordance with terms agreed between the Lender and the Borrower. The negotiation is wholly between the Borrower and the Lender. JPG Store provides the smart contract with the agreed upon loan terms. The commercial terms of loans are agreed directly between the Lender and the Borrower while JPG Store sets the following predefined terms which apply to every loan: Borrower can repay a loan early at any time, but will still have to pay the full interest amount. Once a loan has been defaulted, it cannot be repaid by Borrower any longer, the Lender has to foreclose the NFT of a defaulted loan and the Lender becomes the sole owner of the NFT.

JPG Store does not actively monitor any loan offer or the lifecycle of a loan executed by users on JPG Store. It remains each user’s sole responsibility to regularly monitor the status of the loans that a user participates in. Any terms agreed between a Lender and a Borrower constitute a separate legal agreement between that Lender and Borrower, with JPG Store neither being a party to that agreement nor acting on behalf of the Lender or the Borrower in relation to that agreement. JPG Store does not custody the funds associated with the loan at any point.

We regularly update and modify the Services. You agree that we may change the operation of the Services in our sole discretion, at any time and without giving notice. We may also modify this Agreement and the Privacy Policy at any time. JPG Store reserves the right to change or modify these Terms at any time and in our sole discretion. Your continued use of the Service after the “Last Updated” date on any of these agreements will constitute your acceptance of and agreement to the changes. If you are not willing and able to comply with this Agreement as amended, you may not continue to use the Service.

1. Accessing the Services

By using the Services, you warrant that you are legally capable of entering into binding contracts.

Your blockchain address functions as your identity on JPG Store. Therefore, you will need a blockchain address and a third-party wallet to access the Service. Your account on the Service (“Account”) will be associated with your blockchain address. You may only connect an external wallet that you own and control. By creating an Account, you agree that you alone will be responsible for all activity that occurs under your Account.

Your Account on JPG Store will be associated with your linked blockchain address and display the NFTs for that blockchain address. By using your wallet in connection with the Service, you agree that you are using that wallet under the terms and conditions of the applicable provider of the wallet. Wallets are not operated by, maintained by, or affiliated with JPG Store. JPG Store does not have custody or control over the contents of your wallet and has no ability to retrieve or transfer its contents. JPG Store accepts no responsibility for, or liability to you, in connection with your use of a wallet and makes no representations or warranties regarding how the Service will operate with any specific wallet. You are solely responsible for keeping your wallet secure and you should never share your wallet credentials or seed phrase with anyone. If you discover an issue related to your wallet, please contact your wallet provider. Likewise, you are solely responsible for your Account and any associated wallet and we are not liable for any acts or omissions by you in connection with your Account or as a result of your Account or wallet being compromised.

You also represent and warrant that you will comply with all applicable laws (e.g., local, state, federal and other laws) in connection with using the Service. In order to comply with our legal obligations and keep our users and platform safe, we may need to restrict, suspend, or terminate your access to the Service.

Purchasing or obtaining NFTs through the Service does not guarantee or provide in any way, any claim to copyright, trademark, or intellectual rights of such NFT. Licensing and transfer of any such license and/or rights of the NFT available for purchase through the Service is not provided by the JPG Store. We do not assert or guarantee the credibility, validity, operation, or genuineness of the users or NFTs that are available on JPG Store. It is the responsibility of the user who is creating, displaying, and/or selling the content to ensure that they have all rights, licenses and/or authority to display and sell such content, and to grant those rights and licenses to others. We do not guarantee the accuracy or completeness of any information, including but not limited to metadata, prices, product images, product video, product 3D, product audio, specifications, availability, statistics, and services provided by the users. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

As a condition of access to the Service, you represent and warrant that you are not: (a) located in, under the control of, or a national or resident of any country to which the United States has embargoed goods or services; (b) identified as a “Specially Designated National”; (c) placed on the Commerce Department's Denied Persons List; (d) a person who is subject to any law, regulation, or list of any government authority (including, without limitation, the U.S. Office of Foreign Asset Control list) that would prohibit or limit our ability to conduct business with you; (e) you have not transacted and will not transact with any person or entity falling into (a)-(d); (f) you have not transacted and will not transact for the benefit of any person or entity falling into (a)-(d). You further represent and warrant that you will not use the JPG Store if the laws of your country or jurisdiction prohibit you from doing so consistent with these Terms of Service.

You further covenant that the foregoing shall be true during the entire period of this agreement. No matter the jurisdiction, if you access or use the Service, you are solely responsible for ensuring that your access and use of the Service in such country, territory or jurisdiction does not violate any applicable laws.

JPG Store may require you to provide additional information and documents in certain circumstances, such as at the request of any government authority, as any applicable law or regulation dictates, to provide you with a requested service, or to investigate a potential violation of these Terms. In such cases, JPG Store, in its sole discretion, to cooperate with law enforcement agencies and may disable your Account and block your ability to access the Service until such additional information and documents are processed by JPG Store. If you do not provide complete and accurate information in response to such a request, JPG Store may refuse to restore your access to the Service.

Your access and use of the Service may be degraded or unavailable from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance, or repair of the Service, geographic restrictions, potential violation of these Terms, or other actions that JPG Store, in its sole discretion, may elect to take. You understand that JPG Store, in its sole discretion, may disable your Account and/or reassign your username or associated URL.

We require all users to be at least 18 years old. If you are at least 13 years old but under 18 years old, you may only use JPG Store through a parent or guardian’s Account and with their approval and oversight. That account holder is responsible for your actions using the Account. It is prohibited to use our Service if you are under 13 years old.

2. Ownership

JPG Store and all associated content provided as part of the Services is the property of JPG Store and is protected by U.S. and international copyright, trade dress, trademark, and/or other applicable laws. The look and feel of the JPG Store and Service(s) are also copyright, with all rights reserved. We and our affiliates, licensors, and users, as applicable, reserve all rights in connection with the Service and its content, including, without limitation, the exclusive right to create derivative works.

JPG Store’s name, logo, trademarks, and any JPG Store product or service names, designs, logos, and slogans are the intellectual property of JPG Store or our affiliates or licensors and may not be copied, imitated or used, in whole or in part, without our prior written permission in each instance. You may not use any metatags or other “hidden text” utilizing “JPG Store” or any other name, trademark or product or service name of JPG Store or our affiliates or licensors without our prior written permission.

All other third-party trademarks, registered trademarks, and product names mentioned on the Service or contained in the content linked to or associated with any NFTs displayed on the Service are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable intellectual property rights holder. Reference to any products, services, processes or other information by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by JPG Store.

JPG Store does not have ownership, custody, or control of NFTs or the smart contracts deployed by third parties. Creators and holders of these NFTs or smart contracts are solely responsible for their security, operation, and functionality.

3. License to Access and Use Our Service and Content

JPG Store grants you a limited, non-exclusive, non-transferable, non-sublicensable, and personal license to access and use the Services provided. Such license is subject to your compliance with these Terms. If any software, content, or other materials owned by, controlled by, or licensed to us are distributed or made available to you as part of your use of the Service, we hereby grant you a non-commercial, personal, non-assignable, non-sublicensable, non-transferrable, and non-exclusive right and license to access and display such software, content, and materials provided to you as part of the Service (and right to download a single copy of the App onto your applicable equipment or device), in each case for the sole purpose of enabling you to use the Service as permitted by these Terms, provided that your license in any content linked to or associated with any NFTs is solely as set forth by the applicable seller or creator of such NFT.

4. Third-Party Content, Agreements, and Services

As a peer-to-peer web3 service, JPG Store helps you explore NFTs created by third parties and interact with the Cardano blockchain. JPG Store does not make any representations or warranties about this third-party content visible through our Service, including any content associated with NFTs displayed on the Service, and you bear responsibility for verifying the legitimacy, authenticity, and legality of NFTs that you purchase from third-party sellers. We also cannot guarantee that any NFTs visible on JPG Store will always remain visible and/or available to be bought, sold, or transferred. Users are solely responsible for any content related to their NFTs.

These Terms solely govern the use of our Services. NFTs are available on public blockchains, are purchased, sold, or transferred between a buyer, seller and/or creator directly, and may be purchased, sold, or transferred by buyers, sellers, and/or creators without the use of our Service and therefore without agreeing to our Terms. There may be terms and conditions that apply to the NFTs' themselves set directly between buyers, sellers, and/or creators with respect to the NFT including with respect to the use of the NFT content and rights and obligations associated with a given NFT. For example, when you click to get more details about any of the NFTs or NFT collections visible on JPG Store or view the NFT metadata, you may notice a third-party link to NFT Terms governing the use of the NFT that you will be required to comply with. JPG Store does not set the NFT Terms and is not party to any such NFT Terms. The terms of a purchase, sale, or loan are solely between the buyer, seller, and/or creator. The buyer, seller, and/or creator are entirely responsible for communicating, promulgating, agreeing to, and enforcing NFT Terms. You are responsible for reviewing such NFT Terms.

Sellers are solely responsible for determining and establishing the price of an NFT, inclusive of any applicable tax. Additionally, to the extent applicable, they are solely responsible for any mint count, phases, and minting details for NFTs they sell.

For its Service, JPG Store receives certain fees. JPG Store does not set, collect, or determine other applicable costs, fees, and expenses associated with buying and selling an NFT, including but not limited to any creator earnings and royalties, network fees, or transaction fees. These costs, fees, and expenses are paid directly to the seller, creator, payment processor, blockchain validator, or other third party, as applicable. Because these costs, fees, and expenses are not collected by JPG Store, it cannot refund them.

The Service may also contain links or functionality to access or use third-party websites and applications or otherwise display, include, or make available content, data, information, services, applications, or materials from third parties. When you click on a link to, or access and use, a third-party service, you are subject to the terms and conditions of another website or destination. Such third-parties are not under the control of JPG Store, and may be “open” applications for which no recourse is possible. JPG Store is not responsible or liable for any third-party. JPG Store provides links to these third-parties only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations, and you use all links third-party links at your own risk.

5. User Conduct

We reserve the right to take action, with or without advance notice, if we believe in our sole discretion that you have violated these Terms or that you may use our Service for unlawful activity. This may include: removing or limiting the ability to view or interact with certain NFTs; disabling or restricting the ability to use the Service (or certain aspects of the Service); and/or other actions.

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 and content, in connection with using the Service.

If we believe, in our sole discretion, that you have violated any provisions of this Agreement, we reserve all of the following rights: (a) to take legal action ourselves, (b) to refer any matter to police agencies and/or government regulators, (c) to cooperate in our sole discretion with law enforcement agencies and courts (whether they request information or compel its production by subpoena or other court order), and (d) to provide information in our sole discretion regarding any user to government agencies, law enforcement personnel, and courts, including our identity records relating to the user.

You also agree that you will not:

  • Use or attempt to use another user’s Account without authorization from such user;
  • Pose as another person or entity, or use a wallet to engage in a transaction on JPG Store that is owned or controlled, in whole or in part, by any other person;
  • Claim a JPG Store username for the purpose of reselling it, confusing others, deriving others’ goodwill, or otherwise engage in name squatting;
  • Access the Service from a different blockchain address if we’ve blocked any of your other blockchain addresses from accessing the Service, unless you have our written permission first;
  • Distribute spam, including through sending unwanted NFTs to other users;
  • Use the Service – including through disseminating any software or interacting with any API – that could damage, disable, overburden, or impair the functioning of the Service in any manner;
  • Bypass or ignore instructions that control access to the Service, including attempting to circumvent any rate limiting systems, directing traffic through multiple IP addresses, or otherwise obfuscating the source of traffic you send to JPG Store;
  • Use any data mining, robot, spider, crawler, scraper, script, browser extension, offline reader, or other automated means or interface not authorized by us to access the Service, extract data, or otherwise interfere with or modify the rendering of Service pages or functionality;
  • Engage in behaviors that have the intention or the effect of artificially causing an item or collection to appear in a certain area on JPG Store’s site or at the top of search results, or artificially increasing view counts, favorites, or other metrics that JPG Store might use to surface or sort items, collections, or search results;
  • Use the Service or data collected from our Service for any advertising or direct marketing activity (including without limitation, email marketing, SMS marketing, and telemarketing);
  • Use the Service, directly or indirectly, for or in connection with money laundering, terrorist financing, or other illicit financial activity, or in any way in connection with the violation of any law or regulation that applies to you or to JPG Store;
  • Use the Service to carry out any financial activities subject to registration or licensing, including but not limited to creating, offering, selling, or buying securities, commodities, options, or debt instruments;
  • Use the Service to create, sell, or buy NFTs or other items that give owner’s rights to participate in an ICO or any securities offering, or that are redeemable for securities, commodities, or other financial instruments;
  • Use the Service to engage in price manipulation, fraud, or other deceptive, misleading, or manipulative activity;
  • Use the Service to buy, sell, or transfer stolen items, fraudulently obtained items, items taken without authorization, and/or any other illegally obtained items;
  • Infringe or violate the intellectual property rights or any other rights of others;
  • Create, display, purchase, or sell illegal content, such as content that may involve child sexual exploitation or any unlawful activity or promoting unlawful activity;
  • Create or display NFTs or other items that promote suicide or self-harm, incite hate or violence against others, or dox another individual;
  • Create or display defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups;
  • Use the Service for any illegal or unauthorized purpose, including creating or displaying illegal content, such as content that may involve child sexual exploitation, or encouraging or promoting any activity that violates the Terms of Service;
  • Use the Service with the proceeds of unlawful activity or with a wallet used to engage in unlawful activity;
  • Use the Service in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Service.

Finally, by using the Service, you understand the importance of doing your own research. You bear full responsibility for verifying the authenticity, legitimacy, identity, and other details about any NFT, collection, or account that you view or otherwise interact with in conjunction with our Service. We make no claims, guarantees or recommendations about the identity, legitimacy, or authenticity of any NFT, collection, or account on the Service.

6. Intellectual Property Rights

You are solely responsible for your use of the Service and for any information you provide, including compliance with applicable laws, rules, and regulations, as well as these Terms.

By using the Service in conjunction with creating, submitting, posting, promoting, or displaying content, or by complying with JPG Store’s metadata standards in your uploaded metadata files, you grant us a worldwide, non-exclusive, sublicensable, royalty-free license to use, copy, modify, and display any content, including but not limited to text, materials, images, files, communications, comments, feedback, suggestions, ideas, concepts, questions, data, or otherwise, that you submit or post on or through the Service for our current and future business purposes, including to provide, promote, and improve the Service. This includes any digital file, art, or other material linked to or associated with any NFTs that are displayed on the Service.

JPG Store does not claim that submitting, posting, or displaying this content on or through the Service gives JPG Store any ownership of the content.

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 content that you create, submit, post, promote, or display on or through the Service.

You are solely responsible for the content and metadata associated with NFTs and digital items you create. You represent and warrant that such content does not contain material subject to copyright, trademark, publicity rights, or other intellectual property rights, unless you have necessary permission or are otherwise legally entitled to post the material and to grant JPG Store the license described above, and that the content does not violate any laws.

JPG Store will take down works in response to Digital Millennium Copyright Act (“DMCA”) takedown notices and/or other intellectual property infringement claims and will terminate a user's access to the Service if the user is determined to be a repeat infringer. If you believe that your content has been copied in a way that constitutes copyright or trademark infringement, or violates your publicity or other intellectual property rights, please contact contact@jpg.store.

For us to process your infringement claim regarding content on the Service, you must be the rightsholder or someone authorized to act on behalf of the rightsholder. If you choose to write to us by email, your notice must include:

  • Identification of the copyrighted work(s), trademark, publicity rights, or other intellectual property rights that you claim is being infringed;
  • Identification of the allegedly infringing material that is requested to be removed, including a description of the specific location (i.e., urls) on the Service of the material claimed to be infringing, so that we may locate the material;
  • Your contact information – at a minimum, your full legal name (not pseudonym) and email address;
  • A declaration that contains all of the following:
    • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the intellectual property rights owner, its agent, or the law;
    • A statement that the information in the notice is accurate; and
    • A statement under penalty of perjury that you are authorized to act on behalf of the intellectual property owner of the intellectual property that is allegedly being infringed.
    • Your physical or electronic signature (of your full legal name).

Please note that we will forward your notice of intellectual property infringement, including your contact information, to the party who will have their content removed so they understand why it is no longer available on JPG Store and can also contact you to resolve any dispute.

7. Communication Preferences

By creating an Account, you consent to receive electronic communications from JPG Store. These communications may include notices about your Account and are part of your relationship with us. We may also send you promotional communications via email or via onsite notifications we think will be of interest to you. You understand that you are not required to provide this consent as a condition of using the Service and you may opt out of these communications through the Service by following the unsubscribe instructions provided or through your Account settings.

8. Cancellation, Termination, and Suspension

You can close your account at any time on JPG Store by disconnecting your wallet and suspending your use of our platform. If you wish for any data we collected from you to be deleted, you can reach out to us via our Discord or by contacting us using the contact information provided below.

JPG Store may refuse to provide you with an account, or suspend or terminate your account or specific account functions, at any time in its sole discretion, with or without a reason, and without prior notice. We will not be liable to you or to any other party for such refusal, suspension, or termination. Following suspension or termination of your account, we retain all of our legal rights under this Agreement.

Upon termination of your account for any reason, your account may be deactivated and/or deleted. You may no longer be able to access your account or JPG Store. Cancellation or termination of your account will not entitle you to any refunds for NFTs or anything else you purchased through your account. However, except as otherwise provided herein, you will retain ownership of any NFT that you have legitimately purchased in compliance with applicable law and all provisions of this Agreement. On termination of your account you will remain liable for any amounts due to us and for any transaction fees associated with closure of your account.

9. Disclaimers and Limitations of Liability

JPG Store endeavors to provide reliable access to the Service. However, our Services are subject to various modes of failure and loss of data, some of which are beyond our control. Further, because user information, passwords, and other key data are transmitted over publicly accessible networks (such as mobile data communications networks and the internet) as well as being stored on servers connected to these networks, there is an inherent risk that this information will be intercepted or improperly accessed by third party actors.

JPG Store has no control over the conduct of, or any information provided by, a Buyer, Seller, Lender or a Borrower and hereby disclaims all liability in this regard to the fullest extent permitted by applicable law. JPG Store offers the Interface to help Users to access the protocol. JPG Store does not guarantee that a loan will be repaid by the Borrower or that Borrower’s NFT collateral is of economic value.

Users may engage in promotion of their respective NFTs through various communications channels such as their social media accounts. JPG Store is not responsible for any such communications and/or promotional activities carried out by the Users and will not be liable to you in relation to any such communications and/or promotional activities.

You bear full responsibility for verifying the identity, legitimacy, Economic Value and authenticity of assets in a transaction or which a Borrower uses as Collateral in order to get a loan.

Your use of the Service(s) is at your own risk, and on an “as-is” and “as-available” basis. We do not warrant, endorse, guarantee, or assume responsibility for any product or service offered by a third party. You assume the risk of conducting transactions over the Internet and agree that we have no liability for security breaches unless we are grossly negligent.

You assume the risk of losses due to your use of the Service, including without limitation losses from: (a) hardware failures, (b) data losses, (c) user error, such as forgotten passwords or incorrectly construed smart contracts or other transactions; (d) failure of or corruption of wallets; and (e) improper activities of others, including without limitation deploying viruses, phishing, or otherwise attacking the Service and/or JPG Store, or your associated digital wallet. You agree that you have had whatever opportunity you deem necessary to investigate the Services, and the laws, rules, or regulations that may be applicable to NFT transactions and that you are not relying upon any statement of law or fact made by JPG Store relating to the legality of these transactions.

You agree that you will not consider any information you receive from JPG Store and/or its affiliates as investment advice, and that you do not expect to receive any investment advice from JPG Store and its affiliates. You agree that your use of the Services will not be deemed to create a relationship that includes the provision of or tendering of investment advice. To the full extent permitted by law, JPG Store hereby excludes all warranties of any kind, either express or implied, statutory (including, but not limited to, timeliness, truthfulness, sequence, completeness, accuracy, freedom from interruption), course of dealing, course of performance, or the implied warranties of merchantability or fitness for a particular purpose or application, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this Agreement.

We do not warrant that the information we provide or that is provided by wallet or blockchain providers is accurate, reliable, or correct; that the Services will meet your requirements; that the Services will be available at any time or location; that the Services will function in an uninterrupted manner or be secure; that any defects or errors will be corrected; or that the services are free of viruses and other harmful components. Any subject matter obtained through the Service is downloaded at your own risk – you are solely responsible for any damage to your property or loss of data that results from such download. We make no representations or warranties about the time required to complete the processing of a transaction.

To the extent permitted by law, JPG Store (and its officers, directors, agents, Service Providers, and employees) shall not be liable for any damages or losses resulting in any way from:

  • Information or keywords you provide while using the Service(s).
  • Your use of or inability to use Service(s).
  • Loss of NFTs and/or loss of access to NFTs in the Services.
  • Your failure to secure your device(s) and your account information.
  • Interception of data or other unauthorized access to data by a third party.
  • Any modification, price change, suspension, or discontinuance of the Service(s).
  • Viruses or other malicious software, glitches, bugs, errors or inaccuracies resulting from access to the Service(s).
  • Damage to your device(s) while using the Service(s).
  • The behavior, actions, and inactions of other users of the Service(s).
  • Actions taken by JPG Store in response to violations of the Terms of Service, Privacy Policy, and our other policies, as amended from time to time.
  • Any effects of changes in JPG Store operations, policies and Terms of Service on you or any business you conduct, including without limitation the need to modify your practices to comply with such changes.
  • The technical operating and transmission features of the Service(s), including without limitation the transfer of unencrypted content over various networks.
  • Acts (or failures to act) of third-party hardware, software, and network service providers.

Each exclusion and limitation of our liability stated herein applies to all forms of damages or losses, whether direct, indirect, incidental, special, consequential, or exemplary, and including but not limited to, damages for loss of profits, goodwill, reputation, use, cost of procuring substitute goods or services, personal injury, diminution of value or any other intangible losses (even if JPG Store has been advised of the possibility of such damages).

Some jurisdictions restrict the disclaimer of warranties and/or exclusion of damages, so such disclaimers and exclusions may not apply to you.

You acknowledge and agree that we have relied on the representations, warranties, disclaimers, and limitations of liability in this agreement (which reflect a reasonable and fair allocation of risk between the parties and form an essential part of the bargain) in entering this Agreement and allowing you to access the Service, including the Platform. We would be unable to provide the Service without these provisions.

If despite the provisions herein, JPG Store is found to be liable for damages to you or another party, our aggregate liability is limited to the greater of (a) the transaction fees you paid for the Services within the three months preceding the event causing the claimed liability, or (b) $100.

10. Indemnification

You will defend, indemnify, and hold harmless JPG Store and its shareholders, members, directors, officers, employees, attorneys, agents, representatives, suppliers and contractors (collectively, “Indemnified Parties”) from any claim, demand, lawsuit, action, proceeding, investigation, liability, damage, loss, cost or expense, including without limitation reasonable attorneys’ fees, arising out or relating to (a) your use of, or conduct in connection with, the Services; (b) any Content you provide; (c) your violation of this Agreement, the Privacy Policy, or any other policy established by JPG Store or (d) your violation of any applicable law or the rights of any other person or entity. If you are obligated to indemnify any Indemnified Party, JPG Store (or, at JPG Store’s discretion, the applicable Indemnified Party) will have the right, in its sole discretion, to control any action or proceeding and to determine whether the Indemnified Party wishes to settle, and if so, on what terms.

THIS INDEMNITY IS IN ADDITION TO, AND NOT IN LIEU OF, ANY OTHER INDEMNITIES SET FORTH IN A WRITTEN AGREEMENT BETWEEN YOU AND JPG STORE.

11. Disclaimers

YOUR ACCESS TO AND USE OF THE SERVICE IS AT YOUR OWN RISK. You understand and agree that the Services is provided on an “AS IS” AND “AS AVAILABLE” basis and JPG Store expressly disclaims warranties or conditions of any kind, either express or implied. JPG Store (and its suppliers) make no warranty or representation and disclaim all responsibility for whether 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. JPG Store 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. JPG Store 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 JPG Store attempts to make your access to and use of the service safe, JPG Store cannot and does not represent or warrant that the service, content, content linked to or associated with any NFTs, or any NFTs you interact with using our service or our service providers’ servers are free of viruses or other harmful components. We cannot guarantee the security of any data that you disclose online. No advice or information, whether oral or obtained from the JPG Store parties or through the service, will create any warranty or representation not expressly made herein. You accept the inherent security risks of providing information and dealing online over the internet and will not hold JPG Store responsible for any breach of security.

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 or loss of use of NFTs, content, and/or content linked to or associated with NFTs, including but not limited to any losses, damages, or claims arising from: (a) user error, incorrectly constructed transactions, or mistyped addresses; (b) server failure or data loss; (c) unauthorized access or use; (d) any unauthorized third-party activities, including without limitation the use of viruses, phishing, bruteforcing or other means of attack against the service or NFTs.

NFTs exist only by virtue of the ownership record maintained in the associated blockchain (e.g., Cardano network). Any transfers or sales occur on the associated blockchain Jpg store and/or any other JPG Store party cannot affect or otherwise control the transfer of title or right in any NFTs or underlying or associated content or items.

No JPG Store party is responsible or liable for any sustained losses or injury due to vulnerability or any kind of failure, abnormal behavior of software (e.g., wallet, smart contract), blockchains or any other features of the NFTs. No JPG Store party is responsible for losses or injury due to late reports by developers or representatives (or no report at all) of any issues with the blockchain supporting the NFTs, including forks, technical node issues or any other issues having losses or injury as a result.

Some jurisdictions do not allow the exclusion of implied warranties in contracts with consumers, so the above exclusion may not apply to you.

12. Assumption of Risk:

By using the Service, you acknowledge and accept the following:

  • Market prices for NFTs are subject to significant volatility; factors beyond your control and our control can result in market price changes that adversely affect the value of NFT you hold. There can be no assurance that any NFT will retain its value, or any expectation that its value will increase.
  • A lack of use or public interest in the creation and development of distributed ecosystems could negatively impact the development of those ecosystems and related applications, and could therefore also negatively impact the potential utility of NFTs.
  • You understand that you are responsible for any fees related to use of the Service, including for actions you take on the blockchain, regardless of whether a successful transaction occurs, and that such fees are final and irreversible.
  • By using the Service, you represent that you are able, without impairing your financial condition, to bear the economic risk of being unable to recover the amounts you choose to spend purchasing NFTs.
  • Regulations for blockchain technologies and NFTs may change, and new government actions, interpretations, and policies may affect the future operation of JPG Store, and the use and value of your NFTs.
  • There are risks associated with purchasing items associated with content created by third parties through peer-to-peer transactions, including but not limited to, the risk of purchasing counterfeit items, mislabeled items, items that are vulnerable to metadata decay, items on smart contracts with bugs, and items that may become untransferable. You represent and warrant that you have done sufficient research before making any decisions to sell, obtain, transfer, or otherwise interact with any NFTs or accounts/collections.
  • There are inherent risks associated with using Internet-based mechanisms. Risks include hardware, software and network failures or errors, and malicious actions by other parties, including unauthorized access to information stored in relation to your account and fraudulently accessing or transferring your funds and NFTs. You accept and acknowledge that JPG Store will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the Service or any Blockchain network, however caused.
  • JPG Store does not control the underlying public blockchain and protocols that may be integral to your ability to complete transactions on the public blockchain. Blockchain transactions are irreversible and JPG Store has no ability to reverse any transactions on the blockchain. In general, the underlying protocols are open source and anyone can use, copy, modify, and distribute them. These protocols are subject to sudden changes in operating rules (“Forks”), that can materially affect the value and function of the NFT. You accept the risks of Forks and other operating changes to NFTs available through the Platform.
  • You are solely responsible for determining what, if any, taxes apply to your transactions and to withhold, collect, report, and remit the correct amounts of taxes to the appropriate tax authorities. JPG Store is not responsible for determining, withholding, collecting, reporting, or remitting any taxes that apply to your NFTs or the sale/purchase of your NFTs.
  • The Service relies on third-party platforms and/or vendors. If we are unable to maintain a good relationship with such platform providers and/or vendors; if the terms and conditions or pricing of such platform providers and/or vendors change; if we violate or cannot comply with the terms and conditions of such platforms and/or vendors; or if any of such platforms and/or vendors loses market share or falls out of favor or is unavailable for a prolonged period of time, access to and use of the Service will suffer.
  • JPG Store reserves the right to hide collections, contracts, and items affected by any of these issues or by other issues. Items you purchase may become inaccessible on JPG Store. Under no circumstances shall the inability to view items on JPG Store or an inability to use the Service in conjunction with the purchase, sale, or transfer of items available on any blockchains serve as grounds for a claim against JPG Store.
  • If you have a dispute with one or more users, you release us from claims, demands, and damages of every king and nature, known and unknown, arising out of or in any way connected with such disputes.

13. Privacy Policy

Please refer to our Privacy Policy  for information on how we collect, use, and share your information. The Privacy Policy is hereby incorporated into and forms a part of this Agreement. You agree to the collection, use, retention, and disclosure of your information as provided in the Privacy Policy.

14. Promotions

Any Promotions made available through the Service may be governed by rules that are separate from these Terms. If you participate in any Promotions, please review the applicable rules as well as our Privacy policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.

15. Modifications to the Service

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

16. Force Majeure

JPG Store will have no responsibility or liability for any failure or delay in performance of any Services, or any loss or damage that you may incur, due to any circumstance or event beyond the control of JPG Store, including without limitation any pandemic, flood, extraordinary weather conditions, earthquake, or other act of God, fire, act of war, terrorist act, insurrection, riot, labor dispute, accident, action of government, communications, power failure, or equipment or software malfunction. In the event of a market disruption or Force Majeure, JPG Store may do one or more of the following: (a) suspend access to your Account; (b) prevent you from using particular Services; or (c) cease to follow your instructions. When activity resumes after any such event, you acknowledge that prevailing market rates may differ significantly from the rates available prior to such event.

17. Dispute Resolution

If we receive a complaint from you relating to a transaction or the Services provided by us, we will provide you with a written acknowledgement of the complaint and the steps taken to resolve the issue. Complaints can be submitted through discord or the email address below.

18. Arbitration

Any claim or dispute arising between you and JPG Store that relates in any way to this Agreement, your use of or access to the Service(s), actions by JPG Store or its agents, or any transaction through the Service(s), will be resolved exclusively through final and binding arbitration, rather than in court. This section does not govern disputes between users or between users and third parties. JPG Store does not provide dispute resolution services for such disagreements and the parties must resolve those disputes directly.

As an alternative, you may file a claim in small claims court, if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis.

Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. The parties agree that they will not appeal any arbitration decision to any court.

Prohibition of Class and Representative Actions and Jury Trials

YOU AND JPG STORE MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS ACTION OR OTHER REPRESENTATIVE STATUS. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS OR PRESIDE OVER ANY CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. THE ARBITRATOR MAY AWARD RELIEF ONLY TO THE INDIVIDUAL PARTY SEEKING RELIEF FOR THAT PARTY’S INDIVIDUAL CLAIMS. YOU EXPRESSLY WAIVE ANY RIGHT TO A JURY TRIAL.

Severability. Except as provided in this Section, if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.

Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with JPG Store.

19. Termination

If you breach any of the provisions of these Terms, all licenses granted by JPG Store will terminate automatically. Additionally, notwithstanding anything contained in these Terms, we reserve the right, with or without notice and in our sole discretion, to suspend, restrict, disable, terminate, or delete your Account and/or your ability to access or use the Service (or any part of the foregoing) at any time and for any or no reason, and you acknowledge and agree that we shall have no liability or obligation to you in such event and that you will not be entitled to a refund of any amounts that you have already paid to us. If we terminate your Account or restrict your access or use of the Service, you retain ownership of your NFTs. You may still access your NFTs through public blockchains and other web3 wallets, platforms, and/or websites.

20. Nonwaiver

JPG Store’s failure or delay in exercising any right, power, or privilege under these Terms shall not operate as a waiver thereof.

21. Severability

The invalidity or unenforceability of any of these Terms shall not affect the validity or enforceability of any other of these Terms, all of which shall remain in full force and effect.

22. Injunctive Relief

You agree that a breach of these Terms will cause irreparable injury to JPG Store for which monetary damages would not be an adequate remedy and JPG Store shall be entitled to equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security, or proof of damages.

23. Links to Other Websites

JPG Store may contain links to other websites that are not operated by us. If you click on a third-party link, you will be directed to that third party’s site. We strongly advise you to review the Privacy Policy of every site you visit. We have no control over and assume no responsibility for the content, privacy policies or practices of any third-party sites or services.

24. Feedback

JPG Store will own any feedback, suggestions, ideas, or other information or materials that you provide, whether by email, posting through the Services or otherwise (“Feedback”). You hereby assign to JPG Store all right, title and interest to Feedback together with all associated intellectual property rights. You will not be entitled to, and hereby waive any claim for, acknowledgment or compensation based on any Feedback or any modifications made based on any Feedback.

25. Survival

All sections which by their nature should survive the termination of these Terms shall continue in full force and effect subsequent to and notwithstanding any termination of these Terms by JPG Store or you. Termination will not limit any of JPG Store’s other rights or remedies at law or in equity.

26. Miscellaneous

These Terms (and any other applicable terms or policies incorporated by reference in these Terms) constitute the entire agreement between you and JPG Store relating to your access to and use of the Service. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of JPG Store, and JPG Store’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for reference only and shall not be read to have any legal effect.

Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity.

Contact Us

If you have any questions about these Terms, you can contact us:

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