TERMS OF SERVICE
Last Updated: 8/27/2021
Watch Skins provides an application that enables users to purchase, sell, collect and showcase digital blockchain watch skins as non-fungible tokens (“NFTs”), from the Company, creators and brands (hereinafter referred to as the “Service”) offered from time to time to users (hereinafter referred to as “Users” or “you”) via a website at www.watchskins.com and the Watch Skins App (hereinafter collective referred to as the “Site”). The Services and the Site may collectively be referred to herein as the “Platform”). The Service is owned and operated by Watch Skins Corporation (hereinafter referred to as the “Company” or “us”).
Your use of the Service is subject to the terms and conditions set forth in this Terms of Service (hereinafter referred to as the “Terms”).
PLEASE READ THE TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING ANY PART OF THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, EXIT THIS PAGE AND DO NOT ACCESS OR USE THE SERVICE. USE OF THE SERVICE IS EXPRESSLY CONDITIONED UPON YOUR ACCEPTANCE OF THE TERMS OF SERVICE. IF YOU ARE ACCEPTING THESE TERMS ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE LEGAL AUTHORITY TO ACCEPT THESE TERMS ON THAT ENTITY’S BEHALF, IN WHICH CASE “YOU” WILL MEAN THAT ENTITY
Updates to Terms of Service; Integration.
We may translate these Terms of Service into other languages for your convenience. Nevertheless, the English version governs your relationship with Company, and any inconsistencies among the different versions will be resolved in favor of the English version.
The Service may be modified, updated, interrupted, suspended or discontinued at any time, in the sole discretion of the Company, without notice or liability. The Service may be unavailable at certain periods, including but not limited to systems failures, anticipated or unanticipated maintenance work, upgrades or force majeure events.
The Company reserves the right, at any time, in its sole discretion to modify, temporarily or permanently block access to, suspend, or discontinue the Service, in whole or in part, with or without notice and effective immediately to any User.
The Company will have no liability whatsoever for any losses, liabilities or damages you may incur as the result of any modification, suspension, or discontinuation of the Service or any part thereof.
Age. The Service is meant for those at least eighteen (18) years of age or the age of majority where you reside, whichever is younger. Use of the Service by anyone under this age is a violation of these Terms.
You acknowledge that all the intellectual property rights in the Service, including, but not limited to, copyrights, patents, trademarks, and trade secrets, the website design, application design, graphics, text, sounds, pictures, service marks, trade names, domain names, slogans, logos, other files and the selection and arrangement thereof, and other indicia of origin that appear on or in connection with any aspect of the Service (collectively the “Materials”) are either the property of the Company, its affiliates or licensors and are subject to and protected by United States and international copyright and other intellectual property laws and rights. All rights to Materials not expressly granted in these Terms of Service are reserved to their respective copyright owners.
Subject to these Terms, the Company grants you a limited non-transferable, non-exclusive, revocable, non-sublicensable licence to use and access the Service solely for your own personal or internal business purposes. You will not obtain any ownership interest therein through this Terms of Service or otherwise.
Company authorizes you to view, download and/or print the Materials provided that you keep intact all copyright and other proprietary notices contained in the original Materials. Except as expressly authorized by this Terms of Service, you may not copy, reproduce, distribute, republish, perform, display, post, transmit, scrape, copy, exploit, create derivative works or otherwise use any of the Materials in any form or by any means, without the prior written authorization of Company or the respective copyright owner. In the absence of a written agreement, you may not modify or adapt the Materials in any way or otherwise use them for any public or commercial resale purposes. The Company retains the right to rescind and terminate the limited license granted hereunder at any point, for any reason. The Company reserves the right to enforce its intellectual property rights fully under United States and international law.
Some of the company and product names, logos, brands, and other trademarks featured or referred to within the Service may not be owned by us and are the property of their respective trademark holders. These trademark holders are not affiliated with, nor do they sponsor or endorse the Service.
Confidential Information, Non-Disclosure.
Users acknowledge and agree that as part of the Service, Company information has been or may be made available to Users including, without limitation, information relating in any way to any products, services, methods, computer/software or any other similar or related matters or items developed, enhanced or modified by the Company (hereinafter referred to as the “Confidential Information”).
Users agree that the Confidential Information: a) is the sole and exclusive property of the Company; b) is absolutely confidential to the Company; and c) except as expressly permitted in writing by the Company, may not be disseminated, or disclosed to others. During your use of the Platform, and in the event of the termination of your access, whether voluntary or involuntary, you agree not to use, disclose, transfer or exploit the Confidential Information at any time and in any manner whatsoever for a period of five (5) years, except to the extent that the Company has disclosed information to User that constitutes a trade secret under law, the User shall protect that trade secret for as long as the information qualifies as a trade secret.
Exceptions. The obligations and restrictions in this Section do not apply to that part of the Confidential Information the User demonstrates; a) was or becomes generally publicly available other than as a result of a disclosure by User in violation of this agreement; b) is requested or legally compelled (by oral questions, interrogatories, requests for information or documents, subpoena, civil or criminal investigative demand, or similar processes), or is required by a regulatory body, to be disclosed. In such an event, User shall; a) provide the Company with prompt notice of these requests or requirements before making a disclosure so that the Company may seek an appropriate protective order or other appropriate remedy; b) provide reasonable assistance to the Company in obtaining a protective order.
User hereby acknowledges and agrees that the Company's remedy at law for any breach of any of User's obligations under this section would be inadequate, and User agrees and consents that temporary and permanent injunctive relief may be granted in any proceeding which may be brought to enforce any provision of this section, without the necessity of proof of actual damages, it being acknowledged by User that any such breach would cause irreparable injury to the Company.
Use of the Service, General
You may be required to create an account to use the Service and/or take advantage of certain features, in which case you agree to:
-provide true, accurate, current and complete information about yourself, and your company if applicable, as prompted by the Service;
-as permitted, maintain and promptly update such information. If you provide any information that is false, inaccurate or outdated, or Company has reasonable grounds to suspect that such information is false, inaccurate or outdated, Company has the right to suspend or terminate your account and prohibit all current or future use of the Service by you; and
-that your account is for your personal and/or business use. You may not resell the Service.
You are responsible for maintaining the confidentiality of your password and account and are fully responsible for all activities that occur under your account. Your account is meant to be private and you shall not share your account for any reason. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security. You agree to be responsible for all charges resulting from the use of your account via the Service, including charges resulting from unauthorized use of your account.
You may not impersonate someone else, create or use an account for anyone other than yourself, provide an email address other than your own, or create multiple accounts.
You agree to use the Service only for lawful purposes and that you are responsible for your use of and communications and content you may post via the Service. You agree not to post or transmit any unlawful, infringing, threatening, harassing, defamatory, vulgar, obscene, profane, indecent, offensive, hateful or otherwise objectionable material of any kind, including any material that encourages criminal conduct or conduct that would give rise to civil liability, infringes upon others’ intellectual property rights, impersonates any individual or entity, or otherwise violates any applicable law. You agree not to solicit personal information from minors. You agree not to use the Service in any manner that interferes with its normal operation or with any other User’s use of the Service.
You may not do any of the following while accessing or using the Service:
You may not use manual or automated software, devices, or other processes to “crawl,” “scrape,” or “spider” any page of the Service. You will not decompile, reverse engineer, or otherwise attempt to obtain the source code of any part of the Service.
You further agree that you will not access the Service by any means except through the interface provided by Company for access to the Service. Creating or maintaining any link from another application to any page at the Service without the prior authorization of Company is prohibited. Running or displaying the Service, or any information or material displayed via the Service in frames or through similar means on another website or application without the prior authorization of Company is prohibited. Any permitted links to the Service must comply with all applicable laws, rule and regulations.
Furthermore, you herein agree not to make use of the Services for:
Your use of the Service is at your own risk, including the risk that you might be exposed to content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate.
Company makes no representation that Materials contained, described or offered via the Service are accurate, appropriate or available for use in any particular jurisdiction or that these Terms of Service comply with the laws of any specific country. Visitors who use the Service do so on their own initiative and are responsible for compliance with all applicable law. You agree that you will not access the Service from any territory where its Material or other company posted content (hereinafter referred to as “Content”), or User Content (as defied below) is illegal, and that you, and not the Company Parties (as defined below), are responsible for compliance with applicable law.
Third Party Operators and Websites.
In the event we include links via the Service to third-party operators and/or websites (hereinafter referred to as “Third Party Provider”), including advertisements, which may include products, goods, services or information offered therein, these links are provided only as a convenience. If you clickthrough using these links to other websites, you may leave our App or Site. We do not control nor endorse any such Third-Party Provider. You agree that the Company Parties will not be responsible or liable for any content, products, goods, services or information provided or made available by a Third-Party Provider, including related websites, or for your use or inability to use the services of a Third-Party Provider.
You will use such links at your own risk. You are advised that other websites on the Internet, including Third-Party Provider websites linked from our App or Site, might contain material or information:
We expressly disclaim any responsibility for the content, legality, decency or accuracy of any information, and for any content, products, goods, services or information, that appear on any Third-Party Provider website or in advertisements or content that a Third-Party Provider may have listed or offered on our App or Site.
“User Content” means any and all information and content that a User submits to, or uses with, the Services, including without limitation, NFTs.
You may choose to enter this information manually or, where available, synchronize with a third-party website or API. The Company does not verify the accuracy or completeness of User Content and these may therefore be subject to errors.
In the event we permit Users to upload User Content to our App or Site, you are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that personally identifies you or any third party. You hereby represent and warrant that your User Content does not violate any of the Terms of Service.
Company does not and is not obligated to backup any User Content, and your User Content may be deleted at any time without prior notice. You are solely responsible for creating and maintaining your own backup copies of your User Content.
We may, at our discretion, but shall have no obligation to, pre-screen User Content submissions and may choose to remove User Content at any time we see fit. You agree that the Company is not responsible for any financial loss, liability or damage of any kind that you may incur as a result of our removing or refusing to publish User Content.
By posting User Content to the App or Site, you agree that (i) your User Content does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the User Content, (iii) we may have something similar to the User Content already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the User Content, and (v) you irrevocably waive, and cause to be waived, against the Company Parties and its Users any claims and assertions of any moral rights contained in such User Content.
Suggestions and Improvements. By sending us any ideas, suggestions, documents or proposals (hereinafter referred to as “Feedback”), you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback, and (v) you irrevocably waive, and cause to be waived, against the Company Parties and its Users any claims and assertions of any moral rights contained in such Feedback.
Term and Termination
Subject to this section, the Terms herein will remain in full force and effect while you use the Service. We may suspend or terminate your rights to use the Service (including your account) at any time for any reason, or no reason, at our sole discretion, including for any use of the Service in violation of these Terms.
Upon termination of your rights under these Terms, your Account and right to access and use the Service will terminate immediately. You understand that any termination of your account may involve deletion of your User Content associated with your account from our live databases.
The Company will not have any liability whatsoever to you for any termination of your rights under these Terms, including for termination of your account or deletion of your information. You may terminate your use of the Company Service at any time
You expressly acknowledge, represent, warrant, and agree that you understand:
The value of NFTs, including Watch Skins NFTs is subjective, just as the value of other collectibles is subjective. Each Watch Skins NFT has no inherent or intrinsic value other than the value that a collector may subjectively decide.
The information contained herein is for informational purposes only and is not intended nor should be construed as advice or recommendations and are not guaranteed to produce results.
Company does not warrant or guarantee the suitability or availability of any Material or Content, including without limitation any, data, products, or services, found through the Service.
Company does not screen the authenticity or quality of any material or content or any provider of material or content, including, data, products, or services found through the Service.
Neither Company, nor its employees or officers, are presenting themselves for the purpose of the Services as legal counsel, financial advisor, healthcare professional or any other qualified professional and make no representations or promises regarding any Material or Content or products posted to the App or Site.
You are of legal age to form a binding contract and are at least eighteen (18) years of age or you have the authority of such legal entity to form a binding contract; all information you provide to us is accurate and truthful; you will maintain the accuracy of such information; and you are legally permitted to use and access the Service and take full responsibility for the selection and use of and access to the Service.
You agree to indemnify, defend and hold harmless the Company, its parents, subsidiaries and other affiliated companies, and their respective officers, directors, employees, agents and other representatives (collectively, the “Company Parties”) against all claims, demands, causes of action, losses, expenses, damages and costs (including any reasonable attorneys’ fees), resulting or arising from or relating to your use of the Service, any activity related to your account by you or any other person permitted by you, any Content that you submit to, post on or transmit through the Service, your breach of this Terms of Service, your infringement or violation of any rights of another, or termination of your access to the Service. We reserve the right to assume, at our sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with us in the defense of any such claim, action, settlement or compromise negotiations, as requested by us.
You hereby release and forever discharge the Company Parties from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Service, including any interactions with, or act or omission of, other Service Users or any Third-Party sites, including but not limited to: (i) your use of the Service, (ii) any activity related to your accounts by you or any other person, (iii) your violation of this Terms; (iv) your infringement or violation of any rights of another, (v) your violation of applicable laws or regulations, or (vi) your User Content.
Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Company. Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
Warranties, Disclaimers and Limitations of Liability.
You expressly understand and agree that:
Your use of the Service is at your sole risk. The Service and the associated Materials and Content are provided on an “as is” and “as available” basis. The Company Parties expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a purpose and non-infringement. Without limiting the generality of the foregoing, the Company Parties make no warranty that: (i) the Service will meet your requirements; (ii) the Service will be uninterrupted, timely, secure, or error-free; (iii) information that may be obtained via the Service will be accurate or reliable; (iv) the quality of any and all products, services, information or other Materials, including all merchandise, products, goods or services, obtained or purchased by you directly or indirectly through the company Service will meet your expectations or needs; and (v) any errors in the Service will be corrected.
The Company Parties shall not under any circumstances be liable for any damages of any kind arising out of, in connection with or relating to the use of or inability to use the Service, including any liability: (i) as a publisher of information; (ii) for any incorrect or inaccurate information or any ‘bug’ of the Service; (iii) for any unauthorized access to or disclosure of your transmissions or data; (iv) for statements or conduct of any third party on or via the Service; (v) for any disputes between Users of the Service or between a User of the Service and a Third Party; or (vi) for any other matter relating to the Service or any Third Party. This is a comprehensive limitation of liability that applies to all damages of any kind, including any direct, indirect, special, incidental or consequential damages, whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if an individual advises the Company Parties of the possibility of such damages. The limitations of liability set forth herein are fundamental elements of the basis of the bargain between Company and you. The products, information and services offered on and through the Service would not be provided to you without such limitations.
The Company Parties shall not under any circumstances be liable for any damages of any kind arising out of, or in connection with or relating to the actions and activities of any third-party contractors and suppliers of services we may engage to provide services to you.
Notwithstanding the foregoing, the sole and entire maximum liability of the Company Parties for any reason, and your sole and exclusive remedy for any cause or claim whatsoever, shall be limited to the charges paid by you directly to company via the Service, if any, for Services provided solely and directly by Company to you during the three (3) months since the cause of action arose.
You agree that regardless of any statute or law to the contrary, any claim you may bring must be filed within one (1) year after the cause of action occurred or it will be permanently barred.
Some jurisdictions do not allow the disclaimer of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above disclaimers and limitations may not apply to you.
If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
Purchases and Payments
By buying and selling NFTs on the Site, you agree to pay all applicable fees and you authorize Watch Skins to automatically deduct fees directly from payments to you and/ or add fees to your payments to Watch Skins, where applicable. Due to the nature of cryptocurrency, Watch Skins does not provide any refunds and any transaction you enter into shall be final.
Pricing. Pricing and availability of all products for sale displayed through the Site are subject to change at any time before you click the button indicating that you want to purchase such product or service.
Purchase/Sale of NFTs. The Site provides three opportunities to purchase (or sell) watch skin NFTs: 1) via the Company Configurator, 2) in the Marketplace; and 3) via an Auction.
In order to make any purchase on the Site you must first deposit ETH into a wallet created for you by the Company; your ‘custodial wallet’. Only the ETH in your custodial wallet can be used on the Site.
When you create an NFT for purchase using the Configurator, or when you buy an NFT from the Marketplace, you must have sufficient ETH in your custodial wallet to complete the transaction (including Gas fees as described below).
In addition, you may sell and purchase NFTs through the Watch Skins Auction platform. Your participation in an auction is subject to the rules available on the Watch Skins Auction platform. Bids on the Auction platform will only be accepted if you have a sufficient ‘Available ETH Balance’ in your custodial wallet. The Available ETH Balance at any time is the total ETH in your custodial wallet less ETH that we have placed a hold on based on auction bids where you are the then current top bidder (together with estimated Gas fees for such auctions). ETH in a hold status may not be withdrawn from your custodial wallet.
Auction bids may not be retracted or cancelled. Your Available ETH Balance can increase by your making a deposit of ETH into your custodial wallet, or, if another User places a bid on an auction higher than your bid. In this case, the Platform will release the hold on your custodial wallet, resulting in an increase in your Available ETH Balance.
Every transaction on the Site requires the payment of a transaction fee (each, a “Gas Fee”). The Gas Fees fund the network of computers that run the decentralized Watch Skins platform. You will be solely responsible to pay any Gas Fee for any transaction that you enter into via the Service.
Watch Skins may pause, cancel, or discontinue your Auction transactions at its sole discretion without liability.
Payment Processing Methods. Any payments or financial transactions that you engage in via the Site are to be conducted solely through the Platform. Your interactions with a third-party seller found on or through the Service, including payment and delivery of goods or services, if any, conditions, warranties or representations associated with such matters are solely between you and the seller, except as may be otherwise stated herein.
Watch Skins is not a broker and the Services offered by Watch Skins are administrative only. Watch Skins facilitates transactions between the buyer and seller in the Auction but is not a party to any agreement between the buyer and the seller of NFTs or between any Users. You acknowledge and agree that we are not a party to any transactions you may enter into using the Service and we shall not under any circumstances be liable for any damages of any kind arising out of, or in connection with, or relating to, the content, products, goods, services or information of a Seller.
You agree that you are solely responsible for determining what, if any, taxes apply to your NFT transactions on the Site. Neither Watch Skins nor any other Watch Skins affiliated entity is responsible for determining the taxes that may apply to your NFT transactions.
You understand and agree that your access and use of the Site is subject to certain risks including without limitation:
The potential application of existing regulatory regimes governing blockchain technologies, cryptocurrencies, tokens in general and NFTs is not fully developed and remains substantially uncertain in many respects. New regulations or policies may materially and adversely affect the utility of NFTs.
Regulation of cryptographic assets (including NFTs), platforms such as decentralized automated market makers that NFTs exist within may use, and blockchain networks (such as the Ethereum network on which NFTs are intended to be recorded) is uncertain and is rapidly evolving. Such regulation may vary and may conflict among international, federal, state and local jurisdictions, and the potential applications of existing regulations remain subject to significant uncertainty in many respects.
In addition, various legislative and executive bodies in the United States and other countries may in the future adopt new laws, regulations, guidance or other actions (including applying existing laws and regulations in ways that are adverse), which may severely impact the ability to access marketplaces or exchanges on which to trade NFTs and the structure, rights, value and transferability of NFTs. Failure by us to comply with any laws, rules and regulations, some of which may not exist yet or are subject to interpretation and may be subject to change, could result in a variety of adverse consequences.
The further development and acceptance of blockchain networks, which are part of a new and rapidly changing industry, as well as blockchain-based assets such as ETH, are subject to a variety of factors that are difficult to evaluate. The slowing or stopping of the development or acceptance of blockchain networks and blockchain assets would have an adverse material effect on the successful development and adoption of NFTs.
The slowing or stopping of the development, general acceptance, adoption, and usage of blockchain networks (such as the Ethereum network) and blockchain assets may deter or delay the acceptance and adoption of NFTs.
The application of blockchain technology is novel and untested and may contain inherent flaws or limitations.
Blockchain networks are part of several emerging technologies in applied cryptography that offer new capabilities that are not fully proven in use. There are limited examples of the application of blockchain technology. In most cases, software used by blockchain asset issuing entities will be in an early development stage and still unproven. As with other novel software products, the computer code underpinning NFTs and Ethereum blockchain may contain errors or function in unexpected ways. Insufficient testing of Smart Contract code, as well as the use of external code libraries, may cause the software to break or function incorrectly. Any error or unexpected functionality may cause a decline in value of NFTs and result in substantial losses to purchasers of NFTs.
Blockchain networks utilize code that is subject to change at any time. These changes may have unintended consequences for NFTs, and we may not be able to prevent these changes.
The Ethereum network operates based on an open-source protocol maintained by contributors, and contributors are generally not compensated for maintaining and updating the Ethereum network protocol. The lack of guaranteed financial incentive for contributors to maintain or develop the Ethereum network and the lack of guaranteed resources to adequately address emerging issues with the Ethereum network may reduce incentives to address the issues adequately or in a timely manner. This may adversely affect either the market value or the operational status of NFTs.
Cyber security threats could result in misappropriation, hacking, infection by malware or other damage to NFTs or the blockchain network on which it is issued, which could adversely affect an investment in NFTs.
Security breaches, computer malware and computer hacking attacks have been a prevalent concern since the launch of blockchain networks, particularly those with smart contract capability. Any security breach caused by hacking or to cause intentional malfunctions or loss or corruption of data, software, hardware or other computer equipment and inadvertent or intentional infection by computer viruses could harm or damage the software behind NFTs, which are intended to use the Ethereum blockchain, resulting in a loss of functionality, value, possession or other damage to the holders of such NFTs. Any breach of the software infrastructure supporting NFTs could adversely affect an investment therein.
The security system and operational infrastructure supporting NFTs may be breached due to various causes, including, without limitation, the actions of outside parties, error or malfeasance of an employee or other third-party service providers or other reasons, and, as a result, an unauthorized party may obtain access to private keys, data or the software infrastructure for NFTs and ETH or other cryptocurrencies. As the techniques used to obtain unauthorized access, disable or degrade service or sabotage systems change frequently or may be designed to remain dormant until a predetermined event and often are not recognized until launched against a target, we may be unable to anticipate these techniques or implement adequate preventative measures. If an actual or perceived breach of the security system or operational infrastructure supporting NFTs occurs, part or all of a token holder's NFTs could be lost, stolen or destroyed, and the value of an investment in NFTs may be adversely affected.
Withdrawal of an NFT to a decentralized digital asset wallet is at your own risk, and the transfer for any NFT to an incorrect digital asset wallet address will result in the irreversible loss of such NFT.
You understand and agree that you are solely responsible for determining the nature, potential value, suitability and appropriateness of these risks for yourself. Watch Skins does not give any advice or recommendations regarding the NFTs. You understand and agree that you access and use the Services at your own risk. You understand and agree that Watch Skins will not be responsible for any communication failures, disruptions, errors, or distortions you may experience when using the NFTs or the Services.
Digital Millennium Copyright Act ("DMCA") NOTICE
The Company respects the intellectual property rights of others. Per the DMCA, we will respond expeditiously to claims of copyright infringement on the App or Site if submitted to our Copyright Agent as described below. Upon receipt of a notice alleging copyright infringement, the Company will take whatever action it deems appropriate within its sole discretion, including removal of the allegedly infringing materials and termination of access for repeat infringers of copyright protected content.
Procedure for Notifying the Company of Copyright Infringement. If you believe that your intellectual property rights have been violated by us or by a third party who has uploaded materials to our App or Site, please provide the following information to the designated Copyright Agent listed below:
We may request additional information before removing any allegedly infringing material. In the event we remove the allegedly infringing materials, we will immediately notify the person responsible for posting such materials that we removed or disabled access to the materials. We may also provide the responsible person with your email address so that the person may respond to your allegations.
Pursuant to 17 U.S.C. 512(c). the Company’s designated Copyright Agent is:
Applicable Law and Jurisdiction.
These Terms shall be governed by the laws of the Commonwealth of Puerto Rico without reference to conflict of law principles. The parties agree that the United Nations Convention on Agreements for the International Sale of Goods shall not apply to this Agreement. Additionally, application of the Uniform Computer Information Transaction Act (UCITA) is excluded from this agreement. The parties agree that the venue for any matter arising out of or pertaining to these Terms shall be held in the state and federal courts located in San Juan, Puerto Rico. Any controversy, claim, suit, injury or damage shall be heard on an individual basis and shall not be consolidated with any controversy, claim, suit, injury or damage of any other party. IN ANY CLAIM, ACTION OR PROCEEDING TO ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THE TERMS OF SERVICE INCLUDING, WITHOUT LIMITATION, RELATING TO YOUR USE OF THE SERVICE, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY. YOU HEREBY EXPRESSLY GIVE UP YOUR RIGHT TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS IN ANY LAWSUIT, INCLUDING, BUT NOT LIMITED TO, CLASS ACTION LAWSUITS INVOLVING ANY SUCH DISPUTE.
In the event that any dispute between the parties should result in litigation, the prevailing party in such dispute shall be entitled to recover from the other party all reasonable fees, costs and expenses of enforcing any right of the Prevailing Party, including without limitation, reasonable attorneys' fees and expenses, all of which shall be deemed to have accrued upon the commencement of such action and shall be paid whether such action is prosecuted to judgment. Any judgment or order entered in such action shall contain a specific provision providing for the recovery of attorney fees and costs incurred in enforcing such judgment and an award of prejudgment interest from the date of the breach at the maximum rate allowed by law. For the purposes of this Section: (a) attorney fees shall include, without limitation, fees incurred in the following: (1) post judgment motions, (2) contempt proceedings, (3) garnishment, levy, and debtor and third party examinations, (4) discovery, and (5) bankruptcy litigation; and (b) “Prevailing Party” shall mean the party who is determined in the proceeding to have prevailed or who prevails by dismissal, default or otherwise.
Force Majeure. Neither Party shall be liable hereunder for any failure or delay in the performance of its obligations under this Agreement, except for the payment of money, if such failure or delay is on account of causes beyond its control, including labor disputes, civil commotion, war, fires, floods, inclement weather, governmental regulations or controls, casualty, government authority, strikes, or acts of God, in which event the non-performing Party shall be excused from its obligations for the period of the delay and for a reasonable time thereafter. Each Party shall use reasonable efforts to notify the other Party of the occurrence of such an event within five (5) business days of its occurrence.
Severability. If any provision of these Terms is held by a competent court to be invalid or unenforceable under applicable law, then such provision shall be severed from these Terms and the remainder of the Terms shall be interpreted as if such provision were so severed and shall be enforceable in accordance with its terms.
Waiver. No waiver of any term or right in these Terms shall be effective unless in writing, signed by an authorized representative of the waiving Party. The failure of either Party to enforce any provision as stated in these Terms shall not be construed as a waiver or modification of such provision, or impairment of its right to enforce such provision or any other provision of these Terms thereafter. The rights and remedies of the Parties herein provided shall be cumulative and not exclusive of any rights or remedies provided by law or equity.
Interpretation. The paragraph headings of these Terms are inserted for convenience only and shall not constitute a part of these Terms in construing or interpreting any provision hereof. Whenever the context requires, words used in the singular shall be construed to include the plural and vice versa, and pronouns of any gender shall be deemed to include and designate the masculine, feminine or neuter gender.
Assignment. You may not assign any of your rights or obligations under these Terms, whether by operation of law or otherwise, without our prior written consent. We may assign our rights and obligations under these Terms in our sole discretion to an affiliate, or in connection with an acquisition, sale or merger.
No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person or entity other than you
Customer Service. If you have any comments or questions regarding these Terms of Service or wish to report any violation of these Terms of Service, you may contact us at [email protected].