Welcome to CyberBrokers Inc. CyberBrokers Inc. is a media and entertainment company with an associated set of Sites and Services that host, foster, and cultivate the CyberBrokers storyline and fictional universe (the “CyberBrokers Universe”) that includes ever-expanding classes of digital assets. “Digital assets” are defined as anything digital that has value, established ownership and/or is discoverable. Those include both NFTs and any other class of digital assets.
CLASSES OF DIGITAL ASSETS
The universe of CyberBrokers digital assets includes both NFTs (non-fungible tokens) and Other classes, including but not limited to the following:
Initial collection named “CyberBrokers”
TPL Mech Afterglows
TPL Mecha Parts
TPL Revealed Mech Parts
Each CyberBrokers NFT comprises an image (“NFT Artwork”) and a NFT Name that the NFT owner may use during the term of your ownership. The NFT Artwork incorporates images, elements, parts, pieces, layers, SVG or otherwise (each an “Artwork Element”) each of which may be protected by Copyright or Trademark laws. If you own a CyberBrokers NFT then you automatically own the 2D PixelBrokers extension of your CyberBrokers NFT. Other classes of CyberBrokers digital assets may also incorporate images, elements, parts, pieces, layers, SVG or otherwise and may also be protected by Copyright or Trademark laws. As a CyberBrokers digital asset owner, we grant you a limited license, as described herein, to use the digital asset Name and the digital asset Artwork, to display, share, link or refer to, and create derived works. For example, if you own a CyberBrokers NFT you may copy or print the NFT Name and/or the NFT Artwork, make t-shirts displaying the NFT Name and/or NFT Artwork, or use the NFT Name and/or NFT Artwork in a video game. You may not use Artwork Elements, some of which are Separate Licensed Content or Associated Content owned by others, separate from the digital asset Artwork for any purpose without a license from the respective Copyright or Trademark owner (See Section 9). We grant you no license to use the Artwork Elements of any CyberBrokers digital asset.
We hereby grant you, for so long as you own a CyberBrokers digital asset, a personal, non-exclusive, non-transferable (except as specifically provided herein*), sub-licensable, revocable, limited license to download, view, display, and use the Artwork, and the Name in a commercial or noncommercial manner; to author User Content related to the CyberBrokers digital asset; to create derived works based upon the CyberBrokers digital asset; and to share, link or refer to your Artwork and Name. Please note, as discussed in Section 9, CyberBrokers digital assets with the Degen talent incorporate licensed copyright and trademark Elements owned by others to which we do not and may not grant you rights to use separate from the Artwork in its entirety.
Accepting these Terms
Your CyberBrokers Account
Account-creation facilities with CyberBrokers Inc. or its affiliates may be required to use some or all of the Services. When you create an account, we (including our affiliates, if applicable) will ask you for some information about yourself. We may require you, in the Company’s sole discretion, to provide additional information and/or documents. If you do not provide complete and accurate information and/or documents in response to such a request, we may refuse to provide you with the Services.
Unless otherwise expressly provided, any such account (each, a “CyberBrokers Account”) shall be subject to the following conditions:
One Account: You may only open one CyberBrokers Account per distinct site or service (unless otherwise indicated). If we have a reasonable suspicion that you have opened multiple accounts on a single site or service, we reserve the right to take whatever action we deem appropriate, including but not limited to closing and/or freezing your accounts.
Limited Access: You understand and agree that access to your CyberBrokers Account is limited solely to you. You agree that you will not sell, rent, lease, or grant access to your CyberBrokers Account to any person without our prior written permission.
Security: You understand and agree that you are solely responsible for maintaining the security of your account and control over any usernames, passwords, or any other codes that you use to access the Services. Any unauthorized access to your account by third parties could result in the loss or theft of digital assets and/or funds held in your account and any associated accounts, including your linked bank account(s) and credit card(s) (if applicable). You understand and agree that you will not hold us responsible for managing and maintaining the security of your account. You further understand and agree that we are not responsible (and you will not hold us responsible) for any unauthorized access to or use of your account. You are responsible for monitoring your account. If you notice any unauthorized or suspicious activity in your account, please notify our Data Protection Officer immediately.
Communication: you agree and understand that we will communicate with you via electronic means concerning your account. To ensure that you receive all of our communications, you agree to keep your email address current and notify us if there are any changes. You agree that any notices, agreements, disclosures, or other communication delivered to your email address on record is considered valid and received.
IF WE HAVE A REASONABLE BELIEF THAT YOU HAVE ENGAGED IN ACTIVITIES (1)-(6) IN THE PARAGRAPH ABOVE, WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION, TO CLOSE AND REVOKE THE IMPACTED ACCOUNT(S), DELETE ANY DATA THEREIN, AND DEEM ANY TRANSACTIONS UNDER SUCH ACCOUNT(S) NULL AND VOID.
Depending on jurisdiction, users who provide Personal Data (whether via active or auto consent) may have certain statutory and/or regulatory rights to that Personal Data, including but not limited to: (i) Access to the Personal Data; (ii) right to request deletion of some or all of the Personal Data collected; (iii) and right to opt-out of data selling.
As long as you have provided opt-in consent, you agree that we may send you promotional communications by email, including, but not limited to, newsletters, special offers, surveys, and other news and information we think will be of interest to you.
You agree that we may send you communications by email or text message (if you have provided us a text messaging number) that pertain to the status of a purchase or sale of a digital asset on CyberBrokers Inc., and other communications that pertain to your interaction with the Sites.
You may opt out of promotional communications at any time by following the instructions provided therein.
Non-Custodial Service Provider
While CyberBrokers Inc. offers Sites and/or Services making use of and in relation to the digital assets, it does not buy, sell, or ever take custody or possession of any digital assets unless expressly agreed or disclosed. We are not a party to any agreement between the buyer and seller of digital assets or between any Users of the Sites or Services (each, a “User”). Purchases and sales of digital assets take place on third-party Sites (the “External Platforms”) which are beyond the control of the Company.
You affirm that you are aware and acknowledge that CyberBrokers Inc. is a non-custodial service provider and has designed its Sites and Services to be directly accessible by the Users in the ordinary course without any administrative involvement or actions taken by CyberBrokers Inc. or any third-party.
CyberBrokers Inc. is a platform that facilitates the development of narrative and other content (including immersive content) based upon and with regards to CyberBrokers digital assets.
The Sites may allow Users to create a profile where they can post certain information about themselves, link to other websites, and display digital assets that they own (collectively, “Profile Information”); and (2) to post their creative works in relation to their digital assets and the CyberBrokers Universe, which may include embedded or referenced narrative stories, artwork or other creative works (the “Contributed Content”), and bios (collectively, with Profile Information, “User Content”).
Any User Content, including Profile Information you post to the Sites will be considered non-confidential and non-proprietary. By providing any User Content on the Sites or within the Services, you grant us and our affiliates and our respective licensees, successors, and assignees the right to use, reproduce, modify (including to remove or delete), perform, display, distribute, retransmit, publish, broadcast, create derivative works and disclose to third parties any such material for any purpose.
You understand and agree that you are responsible for any User Content you submit or contribute, and you, not CyberBrokers Inc., have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third-party for the content, accuracy, or appropriateness of any User Content posted by you or any other User on the Sites.
Rights in Digital Assets and Contributed Content
You agree you may only use the complete digital asset Artwork and Name as discussed herein, during the term of your ownership. If you transfer ownership of the CyberBrokers digital asset to a new owner, you must cease all use of the respective Artwork and Name. This shall include ceasing the sale of merchandise and the removal of all online use unless you receive permission from the new owner.
You also agree we may use any Contributed Content posted in the CyberBrokers Universe by anyone for any legal purpose.
Monitoring and Removal
CyberBrokers Inc. Sites and Services Ownership
Unless otherwise indicated in writing by us, the CyberBrokers Universe, including the Sites, the Services, all content, and all other materials contained therein, including, without limitation, the CyberBrokers Inc. logo, and all designs, text, graphics, pictures, information, data, software, sound files, other files, and the selection and arrangement thereof (collectively, “CyberBrokers Content”) are the proprietary property of CyberBrokers Inc. or our affiliates, licensors, or Users, as applicable. The name CyberBrokers Inc. and any of our product or service names, logos, or slogans that may appear on the Sites or elsewhere are trademarks, trade names or service marks of CyberBrokers Inc. or our affiliates and/or licensors, and may not be copied, imitated or used, in whole or in part, without our prior written permission.
CyberBrokers “Canonical Content” includes, without limitation, storyline content authored by CyberBrokers Inc. itself, User Content and/or Digital Asset Associated Content authored or selected by us. The Canonical Content provides the additional rights set forth in Section 9, but is otherwise subject to the terms and conditions of CyberBrokers Content.
Notwithstanding anything to the contrary herein, you understand and agree that you shall have no ownership or other property interest in your account, and you further agree that all rights in and to your account and Contributed Content are and shall forever be owned by and inure to the benefit of CyberBrokers Inc.
The look and feel of the CyberBrokers Universe (Sites and Content), including without limitation, all page headers, custom graphics, button icons, and scripts constitute Copyright, service mark, trademark, or trade dress protected material and may not be copied, imitated, or used, in whole or in part, without our prior written permission. All trademarks, product names, and logos used in the CyberBrokers Universe 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 respective trademark holder. Furthermore, all artwork in the CyberBrokers Universe is protected by Copyright and belongs to the respective Copyright owner. Without limiting the foregoing, if you believe that material hosted by CyberBrokers Inc. infringes your copyright or trademark rights, please file a notice of infringement by contacting the CyberBrokers Copyright Agent at firstname.lastname@example.org .
In such event, please provide CyberBrokers Copyright Agent with the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of the location on the Sites or within the Services of the material that you claim is infringing; (4) your address, telephone number and e-mail address; (5) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Our policy is to suspend or terminate the account(s) of infringers and take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. If you believe your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent; (1) your physical or electronic signature; (2) identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; (3) a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; (4) a copy of such authorization; and (5) your name, address, telephone number, along with a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, we will send a copy of the counter-notice to the original complaining party informing that person that we may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or User, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
In accordance with the DMCA and other applicable law, CyberBrokers Inc. has adopted a policy of terminating or blocking contributions from, in appropriate circumstances and at our sole discretion, Users who are deemed to be infringers. CyberBrokers Inc. may also at its sole discretion limit access to the Sites and/or Services and/or terminate the memberships of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
License to use Associated Content
As noted above, we hereby grant you, for so long as you own a CyberBrokers digital asset, a personal, non-exclusive, non-transferable (except as specifically provided herein), sub-licensable, revocable, limited license to download, view, display, and use the Artwork, and the Name in a commercial or noncommercial manner; to author User Content related to the CyberBrokers digital asset; to create derived works based upon the CyberBrokers digital asset; and to share, link or refer to your Artwork and Name. For example, if you own a CyberBrokers NFT you may copy or print the NFT Name and/or the NFT Artwork, make t-shirts displaying the NFT Name and/or NFT Artwork, or use the NFT Name and/or NFT Artwork in a video game. Please note, CyberBrokers NFTs with the Degen talent incorporate licensed copyright and trademark NFT Elements owned by others to which we do not and may not grant you rights to use separate from the NFT Artwork in its entirety.
You grant a license to us to use your User Content as discussed in Section 6. By submitting User Content you agree to these terms. By providing User 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 to us granted herein for any content that you create, submit, post, promote, or display on or through the CyberBrokers Universe. 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 us the license described herein, and that the content does not violate any laws. User Content shall generally remain copyright (or, if applicable, a trademark), All Rights Reserved, of their respective authors/owners.
“Associated Content” is defined as content created by us, User Content created by you and others in relation to a CyberBrokers digital asset, including, without limitation, content, based upon or derived from storylines (in whatever form), motion pictures, art, and any other works associated with that digital asset. Associated Content also includes content beyond the boundaries of the CyberBrokers Universe, and outside of the control of the Company relating to that CyberBrokers digital asset.
You may display, share, link or refer to, and create derived works based upon your CyberBrokers digital asset, the Artwork and the respective Associated Content, but you do not have any legal ownership, right, or title to any copyrights, trademarks, or other intellectual property rights to the Artwork Elements of the digital asset Artwork or Associated Content, excepting the limited license granted by these Terms.
Canonical Content is hereby licensed identically to the Associated Content under the terms of this section. Furthermore, by accepting the license terms of this section, you agree to allow CyberBrokers Inc. to select or include into, or to decline to select, or exclude from the Canonical Content, any User Content you create, in its sole discretion.
For the avoidance of doubt, your limited license to display and use Artwork includes (but is not limited to):
the right to display the complete digital asset Artwork/its Associated Content privately or publicly, physically and/or digitally, online or offline;
the right to use the complete digital asset Artwork/its Associated Content commercially or non-commercially;
the right to use the complete digital asset Artwork/its Associated Content to advertise, market, or sell any third-party product or service;
the right to incorporate the complete digital asset Artwork/its Associated Content in “metaverse” virtual worlds, movies, videos, video games, or any other forms of media, including for a commercial purpose;
the right to sell, distribute for commercial gain, or otherwise commercialize merchandise that includes, contains, or consists of the complete digital asset Artwork/its Associated Content;
Under the license of this section, you expressly disclaim any use rights beyond the express grants herein, including, but not limited to, assertions based upon any claim of fair use, or any other common law or statutory right, to the extent not precluded by applicable law.
Prohibited Purposes: You may not, nor permit any third-party, to do or attempt to do any of the following, without limitation, in the absence of our express prior written consent in each case: (i) modify, distort, mutilate, or perform any other modification to a CyberBrokers digital asset which would impede its functioning or ability to display, be displayed, or be associated with any Associated Content; (ii) extract or make individual, separate use, including in or as a derived work, trademark or otherwise, of any element or component of the CyberBrokers digital asset (e.g., Artwork Elements); (iii) use the CyberBrokers Artwork or its Associated Content as or in connection with images, videos, or other forms of media that are obscene or pornographic, or which depict or advance hatred, intolerance, violence, cruelty, or anything else that could reasonably be found to constitute hate speech or to harass, threaten or infringe upon the rights of others, or for any unlawful purpose (all of the foregoing, as determined in the sole discretion of CyberBrokers Inc.); (iv) attempt to trademark, copyright, patent, or otherwise acquire additional intellectual property rights in or to the digital asset Artwork, Artwork Elements or Associated Content; (v) attempt to mint, tokenize, or create an additional or alternate version on any blockchain of a cryptographic token or digital asset representing the same digital asset or Associated Content; (vi) or falsify, misrepresent, or conceal the ownership or holder of, or the authorship of the CyberBrokers digital asset or its Associated Content;.
Separate Licensed Content: Certain content has been licensed by CyberBrokers Inc. for use in Associated Content of CyberBrokers digital assets. We do not grant a license to the use of any Separate Licensed Content outside of the respective digital asset Artwork. Separate Licensed Content is subject to the following additional restrictions in each instance:
We have sublicensed the trademark and copyright protected SuperRare Logo “SR” for use as Artwork Elements on select CyberBrokers NFTs having the Degen talent (Degen NFT).
As the owner of a CyberBrokers NFT with this artwork, you may make generally unrestricted commercial or non-commercial use of the CyberBrokers NFT Artwork embodying the Logo. You may not make use of the SuperRare Logo, individually, separately, or as a derived work in any infringing use including as a trademark used in commerce under the Lanham Act, without express permission in writing from SuperRare, 1843 5th Ave. San Diego, CA 92101 .
We have licensed the Copyright protected artwork “Squiggles” for use as Artwork Elements on select Degen NFTs.
As the owner of a CyberBrokers NFT with this artwork, you may make generally unrestricted commercial or non-commercial use of the CyberBrokers NFT Artwork embodying the Squiggles, except you may not make use of the Squiggles with or without the NFT, individually, separately, or included in or as a derived work, in any infringing use including as a trademark used in commerce under the Lanham Act, without express permission in writing from the Owner, Erick Calderon, an individual residing in the State of Texas.
We have licensed the OpenSea sailboat logo depicted below (the “OpenSea Logo”) from OpenSea solely for use as Artwork Elements on select Degen NFTs that are part of the initial CyberBrokers collection.
As the owner of a CyberBrokers NFT incorporating this Artwork Element, you may make generally unrestricted commercial or non-commercial use of the CyberBrokers NFT Artwork and Associated Content embodying the OpenSea Logo, as long as you are in compliance with this Agreement. You may not make use of the OpenSea Logo out of context, nor make use of it as part of the CyberBrokers NFT or individually, separately, or included in or as a derived work, in any infringing use, including as a trademark used in commerce under the Lanham Act, without express permission in writing from the Owner, Ozone Networks, Inc. d/b/a OpenSea, a Delaware corporation, having its principal office at 228 Park Avenue South, #22014, New York, New York 10003 (“Opensea”).
Dapper Labs CryptoKitties Works:
We have licensed the Copyright protected artwork “CryptoKitties” for use as Artwork Elements on select Degen NFTs.
As the owner of a CyberBrokers NFT with this artwork, you may make generally unrestricted commercial or non-commercial use of the CyberBrokers NFT Artwork, including Associated Content, embodying the artwork CryptoKitties, except you may not make use of the CryptoKitties, with or without the NFT Artwork, individually, separately, or included in or as a derived work, in any infringing use including as a trademark used in commerce under the Lanham Act, without express permission in writing from Dapper Labs, Inc., a corporation organized under the laws of Canada, having its principal office at 600-565 Great Northern Way, V5T 0H8, Vancouver, BC, Canada.
We have licensed the CryptoVoxels Logo “CryptoVoxels” for use as Artwork Elements on select Degen NFTs.
As the owner of a CyberBrokers NFT with this artwork, you may make generally unrestricted commercial or non-commercial use of the CyberBrokers NFT Artwork, including Associated Content embodying the CryptoVoxels Logo, except you may not make use of the CryptoVoxels Logo, with or without the NFT Artwork, individually, separately, or included in or as a derived work, in any infringing use including as a trademark used in commerce under the Lanham Act, without express permission in writing from Nolan Consulting Limited, a NZ Limited Company organized under the laws of New Zealand, having its principal office at Level 2, 275 Cuba Street, Te Aro, Wellington, 6011, New Zealand.
Plasma Bears Content:
We have licensed Copyright protected artwork “Plasma Bears” for use as Artwork Elements on select Degen NFTs.
Plasma Bears examples
As the owner of a CyberBrokers NFT with this artwork, you may make generally unrestricted commercial or non-commercial use of the CyberBrokers NFT Artwork including Associated Content, embodying any of the Plasma Bears, except you may not make use of the Plasma Bears, with or without the NFT Artwork, individually, separately, or included in or as a derived work, in any infringing use, including as a trademark used in commerce under the Lanham Act, without express permission in writing from Blockade Games, Inc., 8520 Allison Pointe Blvd Ste 223 #63168, Indianapolis, IN.
Your Use of CyberBrokers Universe
We hereby grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Site, the Services, and Content. Our grant of this license is subject to the following conditions:
Unlawful Activity: you agree not to engage, or assist, in any activity that violates any law, statute, ordinance, regulation, or sanctions program, including but not limited to the U.S. Department of Treasury’s Office of Foreign Assets Control (“OFAC”), or that involves proceeds of any unlawful activity.
Abusive Activity: you agree not to engage in any activity that poses a threat to CyberBrokers Inc. or others, for example by distributing a virus or other harmful code, or through “hacking” or other unauthorized access to the Site, digital assets, or other Users’ accounts.
Inappropriate Behavior: you agree not to interfere with other Users’ access to or use of the Services.
Framing: you may not use framing techniques to enclose any CyberBrokers Content without our express written consent
Communication: you agree not to communicate with other Users for purposes of (1) sending unsolicited advertising or promotions, requests for donations, or spam; (2) engaging in hate speech or harassing or abusing other Users; or (3) interfering with transactions of other Users. You also agree not to use data collected from the Sites to contact individuals, companies, or other persons or entities outside the Sites for any purpose, including but not limited to marketing activity.
Fraud: you agree not to engage in any activity which operates to defraud CyberBrokers Inc., other Users, or any other person; or to provide any false, inaccurate, or misleading information to us.
this includes engaging in or knowingly facilitating any “front-running,” “wash trading,” “pump and dump trading,” “ramping,” “cornering” or fraudulent, deceptive or manipulative trading activities, including:
trading a digital asset at successively lower or higher prices for the purpose creating or inducing a false, misleading or artificial appearance of activity in such digital asset,
unduly or improperly influencing the market price for such Collectible or establishing a price which does not reflect the true state of the market in such Collectible;
for the purpose of creating or inducing a false or misleading appearance of activity for a digital asset or creating or inducing a false or misleading appearance with respect to the market in a digital asset:
participating in, facilitating, assisting or knowingly transacting with any pool, syndicate or joint account organized for the purpose of unfairly or deceptively influencing the market price of a digital asset, or otherwise, which is not lawfully organized for the purposes for which it is being used;
creating User accounts by automated means or under false or fraudulent pretenses;
involve the impersonation of another person (via the use of an email address or otherwise);
Using Bots: you agree to refrain from activities that involve using, employing, operating, or creating a computer program to simulate the human behavior of a User (“Bots”);
that involve using, employing, or operating Bots or other similar forms of automation to engage in any activity or transaction on the App (including, without limitation, purchases of digital assets);
Wrongful transfer of digital assets: you agree not to engage in activity that involves acquiring digital assets through inappropriate or illegal means (including, among other things, using a stolen credit card, or a payment mechanism that you do not have the right to use, or purchasing a digital asset and then attempting to charge the cost back to your payment method while still maintaining ownership or control of the digital asset or selling, gifting or trading the digital asset to someone else); or
involves the purchasing, selling or facilitating the purchase and sale of any User’s account(s) to other Users or third parties for cash or cryptocurrency consideration outside of CyberBrokers Inc.; or
otherwise involves or results in the wrongful seizure or receipt of any CyberBrokers digital assets or other digital assets.
Illegal or improper use of digital assets: you agree not to engage in activity that involves utilizing any digital asset to engage in any transactions which are subject to regulatory application or restriction, e.g., without limitation, any transacting the digital asset in or as securities; commodities futures, or trading as commodities on a leveraged, margined or financed basis; or as associated binary options (including prediction-market transactions); or (where a license or regulatory limitation is applicable to the transaction and has not been satisfied) associated real estate or real estate leases, equipment leases, debt financing, equity financing or other similar transactions;
Gambling: you agree not to utilize the Services or CyberBrokers digital assets to engage in any illegal gambling.
Intellectual Property Infringement: you agree not to (1) engage in transactions involving items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the law; (2) use CyberBrokers Content (as defined in Section 8) above without express written consent from CyberBrokers Inc.; or (3) engage in any action that implies an untrue endorsement or affiliation with CyberBrokers Inc.
This includes reverse engineering any aspect of the Service or doing anything that might discover or expose source code or bypass or circumvent measures employed to prevent or limit access to any Service, area or code of the Service.
You agree to notify us immediately if you become aware of any actual or potential breaches of intellectual property rights relating to your Account or any digital asset you own.
You irrevocably release, acquit, and forever discharge CyberBrokers Inc. and its subsidiaries, affiliates, officers, and successors of any liability for direct or indirect copyright, trademark or other intellectual property infringement claims against CyberBrokers Inc. due to your breach of these Terms.
Hyperlinks: you are hereby granted a limited, non-exclusive, non-transferable, revocable license to create a text hyperlink to the Sites and Services for noncommercial purposes, provided that such link does not portray CyberBrokers Inc., our affiliates, the CyberBrokers Universe or the Services in a false, misleading, derogatory, or otherwise defamatory manner, and provided further that the linking site does not contain any pornographic or illegal materials, or other materials that are offensive, harassing, or otherwise objectionable, as determined in the Company’s sole discretion.
Additional Prohibitions: you agree not to (1) distribute, publish, broadcast, reproduce, copy, re-transmit, or publicly display any Content; (2) modify or create derivative works from the Sites or Content, or any portion thereof; (3) use any data mining, robots, or similar data gathering or extraction methods on the Sites or Content; (4) download any portion of the Sites or Content, other than for purposes of page caching, except as expressly permitted by us.
Non-Reliance: you agree you are knowledgeable, experienced and sophisticated in using and evaluating blockchain and related technologies and assets, including various blockchain networks, digital assets, and “smart contracts'' (bytecode deployed to Ethereum or another blockchain). You have conducted your own thorough independent investigation and analysis of CyberBrokers Inc., and the other matters contemplated by these Terms, and have not relied upon any information, statement, omission, representation or warranty, express or implied, written or oral, made by or on behalf of the Company in connection therewith, except as expressly set forth by the Company in these Terms.
You agree and understand that we may modify part or all of CyberBrokers Inc. Sites or the Services without notice.
Please note the following risks in accessing or using CyberBrokers Inc. products or services: The price and liquidity of blockchain assets, including digital assets such as NFTs, are extremely volatile and may be subject to large fluctuations; Fluctuations in the price of other digital assets could materially and adversely affect similar digital assets, which may also be subject to significant price volatility; Legislative and regulatory changes or actions at the state, federal, or international level may adversely affect the use, transfer, exchange, and value of digital assets; digital assets such as NFTs are not legal tender and are not backed by the government; Transactions in digital assets may be irreversible, and, accordingly, losses due to fraudulent or accidental transactions may not be recoverable; Some transactions in digital assets shall be deemed to be made when recorded on a public ledger, which is not necessarily the date or time that you initiated the transaction; The value of digital assets may be derived from the continued willingness of market participants to exchange fiat currency or digital assets for digital assets, which may result in the potential for permanent and total loss of value of a particular digital asset should the market for that digital asset disappear; The nature of digital assets may lead to an increased risk of fraud or cyber-attack, and may mean that technological difficulties experienced by CyberBrokers Inc. may prevent the access to or use of your digital assets; Changes to Third-Party Sites (discussed in Section 16) below may create a risk that your access to and use of the Sites will suffer.
You agree and understand that you are solely responsible for determining the nature, potential value, suitability, and appropriateness of these risks for yourself, and that CyberBrokers Inc. does not give advice or recommendations regarding digital assets, including the suitability and appropriateness of, and investment strategies for, digital assets. You agree and understand that you access and use our Sites and Services at your own risk; however, you understand this brief statement does not disclose all of the risks associated with digital assets. You agree and understand that CyberBrokers Inc. will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using digital assets, however caused.
CyberBrokers Inc. provides or references these Third-Party sites only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Sites, or their products or services. You use all links in Third-Party Sites at your own risk. When you leave our Sites and our Services, our Agreement and policies no longer govern. We may, but are not obligated to, warn you that you are leaving our Sites or Services.
CyberBrokers Inc. neither owns nor controls the Third-Party Sites, exchanges, the Ethereum or any other blockchain network, your browser, or any other third-party site, product, or service that you might access, visit, or use for the purpose of enabling you to use the various features of the Sites or Services. We will not be liable for the acts or omissions of any such third parties, nor will we be liable for any damage that you may suffer as a result of your transactions or any other interaction with any such third parties. You irrevocably release, acquit, and forever discharge CyberBrokers Inc. and its subsidiaries, affiliates, officers, and successors of any liability for royalties, fines, or fees not received by the User from any off-market transaction. You understand that your blockchain public address will be made publicly visible whenever you engage in a transaction on the Platform.
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY THE COMPANY, THE SITE, CONTENT CONTAINED AND NFTS LISTED THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE COMPANY (AND ITS SUPPLIERS) MAKE NO WARRANTY THAT THE SITES OR SERVICES WILL (1) MEET YOUR REQUIREMENTS; (2) BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (3) BE ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE.
WE 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 SITE. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT CONTENT ON THE SITES IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE.
WHILE THE COMPANY ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE SITES AND CONTENT SAFE, IT CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITE, CONTENT, ANY NFTS REFERENCED OR LISTED ON OUR SITES OR OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE CANNOT GUARANTEE THE SECURITY OF ANY DATA THAT YOU DISCLOSE ONLINE. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND WILL NOT HOLD US RESPONSIBLE FOR ANY BREACH OF SECURITY UNLESS AS IS REQUIRED BY APPLICABLE LAW OR REGULATION.
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 NFTS INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (1) USER ERROR SUCH AS FORGOTTEN PASSWORDS, INCORRECTLY CONSTRUCTED TRANSACTIONS, OR MISTYPED ADDRESSES; (2) SERVER FAILURE OR DATA LOSS; (3) CORRUPTED WALLET FILES; (4) UNAUTHORIZED ACCESS TO APPLICATIONS; (5) ANY UNAUTHORIZED THIRD-PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION THE USE OF VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK AGAINST THE SITES OR DIGITAL ASSETS.
DIGITAL ASSETS ARE INHERENTLY INTANGIBLE. THEY EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED IN THE APPLICABLE BLOCKCHAIN NETWORK (E.G., ETHEREUM). ANY TRANSFER OF TITLE THAT MIGHT OCCUR IN ANY UNIQUE DIGITAL ASSET OCCURS ON THE DECENTRALIZED LEDGER WITHIN THE NETWORK. WE DO NOT GUARANTEE THAT THE COMPANY OR ANY COMPANY PARTY CAN AFFECT OR FACILITATE THE TRANSFER OF TITLE OR RIGHT IN ANY DIGITAL ASSET.
The Company is not responsible for sustained losses due to vulnerability or any kind of failure, abnormal behavior of software (e.g., wallet, smart contract), blockchains, or any other features of digital assets. The Company is not responsible for sustained losses due to late reports by developers or representatives (or no report at all) of any issues with the blockchain supporting digital assets including forks, technical node issues or any other issues having fund losses as a result.
Nothing in this Agreement shall exclude or limit liability of either party for fraud, death or bodily injury caused by gross negligence, violation of laws, or any other activity that cannot be limited or excluded by legitimate means.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SITE, SERVICES, AND CONTENT CONTAINED THEREIN.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW OR REGULATION.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM THIS AGREEMENT, THE SITE, PRODUCTS OR THIRD-PARTY SITES AND PRODUCTS, OR FOR ANY DAMAGES RELATED TO LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA (PERSONAL OR ANONYMOUS), AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE AND EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITES, PRODUCTS OR THIRD-PARTY SITES AND PRODUCTS ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA RESULTING THEREFROM.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF THE COMPANY ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT, THE ACCESS TO AND USE OF THE SITE, CONTENT, DIGITAL ASSETS, OR ANY PRODUCTS OR SERVICES PURCHASED ON THE SITE EXCEED THE GREATER OF (A) $100 OR (B) THE AMOUNT YOU HAVE PAID TO THE COMPANY FOR THE SERVICES IN THE LAST SIX MONTHS OUT OF WHICH LIABILITY AROSE. THE FOREGOING LIMITATIONS OF LIABILITY SHALL NOT APPLY TO LIABILITY OF THE COMPANY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY A MEMBER OF THE COMPANY’S GROSS NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY A MEMBER OF THE COMPANY’S FRAUD OR FRAUDULENT MISREPRESENTATION.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. Some jurisdictions also limit disclaimers or limitations of liability for personal injury from consumer products, so this limitation may not apply to personal injury claims.
Please read the following agreement to arbitrate (“Arbitration Agreement”) in its entirety. This clause requires you to arbitrate disputes with CyberBrokers Inc. and limits the manner in which you can seek relief from us.
You agree that any dispute or claim relating in any way to: your access, use, or attempted access or use of the Site; any products sold or distributed through the Site; or any aspect of your relationship with CyberBrokers Inc. will be resolved by binding arbitration, except that (1) you may assert claims in small claims court if your claims qualify; and (2) you or CyberBrokers Inc. may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyright, or patent). You agree that any such arbitration shall be settled solely and exclusively by binding arbitration held in Chicago, Illinois, administered by JAMS and conducted in English, rather than in court. CyberBrokers Inc. may, in its sole discretion, choose to hold the proceedings by remote teleconferencing, using any means acceptable to the Arbitrator.
Any such arbitration shall be conducted in accordance with the then-prevailing JAMS Streamlined Arbitration Rules & Procedures, except that any dispute involving claims and counterclaims over $250,000, not inclusive of attorneys’ fees and interest, shall be subject to the then-prevailing JAMS Comprehensive Arbitration Rules and Procedures.
You understand that by agreeing to this Arbitration Agreement, you and CyberBrokers Inc. are each waiving their right to trial by jury and to participate in a class action or class arbitration.
If any part of this Arbitration Agreement is found to be invalid or unenforceable, then such part shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue to in full force and effect.
This Arbitration Agreement shall survive the termination of your relationship with CyberBrokers Inc.
We reserve the right, without notice and in our sole discretion, to terminate your license to access or use the CyberBrokers Universe, at any time and for any reason. You understand and agree that we shall have no liability or obligation to you in such an event.
If you have any questions, would like to provide feedback, or would like more information about CyberBrokers Inc., please feel free to email us at email@example.com. If you would like to lodge a complaint, please contact us at firstname.lastname@example.org or write to us at: CyberBrokers Inc., 1 E Erie St, Suite 525-2666, Chicago, IL 60611
END OF AGREEMENT