Last update: 12/23/2022
These terms of service, further containing terms and conditions and terms of service (collectively, “Terms”) by Monaco Market LLC and its subsidiaries, parents, agents, any decentralized autonomous organizations it may advise, and affiliates (collectively referred to herein as “Monaco Market”), are between all users of Monaco Market and its platforms and applications, including but not limited to CLCT, the blockchain, and related protocols and integrations, whether directly or indirectly, and Monaco Market’s related digital platforms, products, offerings, services, including but not limited to Monaco Market’s exchange offerings, digital collectables, digital tokens if applicable, digital artwork, physical goods, technical mechanisms, advancement of education, and web 3.0 community running on any given blockchain and related protocols, third–party applications and hosting services, exchanges, and applications. Users of the digital platforms and all such related products and services of the Monaco Market, including but not limited to, you, are entirely responsible for the safety and management of their own private digital wallets and personally identifiable information on a blockchain network, as well as validating all transactions and contracts generated by this website or any related third–party before approval. Further, as Monaco Market operates on a blockchain network, there may be no ability to undo, reverse, or restore any transaction. This website, platform, and contract, together with all of the connected services are provided “as is” and “as available” without warranty of any kind. By using Monaco Market in any capacity, whether directly or indirectly, you are accepting sole responsibility for any and all transactions involving Monaco Market, including but not limited to Monaco Market digital offerings. The Terms shall govern you and are hereby assented to by all users of the Monaco Market digital website, platforms, exchanges, services, and products (including but not limited to the Monaco Market digital offerings or such access thereof). The Terms are subject to change without notice. If there is any conflict between the Terms and any other agreement related to Monaco Market, the Terms will control.
A. Your Ownership. Monaco Market is on a website and digital platform, which may be on a blockchain, and in addition to the Terms, shall be subject to inherent risks and third–party terms and conditions, including but not limited to internal and external related protocols, platforms, and vendors, and related application (list is non–exhaustive). When you use, purchase, or receive any digital offerings from Monaco Market, you may own the underlying utilities to the extent provided herein. Ownership of any digital offering may be mediated by the contract and the blockchain network. You understand that Monaco Market may freeze or otherwise transfer its digital offerings should you violate of the Terms, as solely determined by Monaco Market. Monaco Market is not responsible for any and all consignments, storage of goods, vaulting, loss of ownership including physical and digital, insurance, or any products or services utilized or associated with its website, platform or services unless otherwise explicitly agreed upon in writing by and between you and Monaco Market.
B. Personal Use. Subject to your continued compliance with these Terms, Monaco Market, grants you a limited license to use, copy, and display the purchased digital offerings, along with any extensions that you choose to create or use, solely for the following purposes: (i) for your own personal, non-commercial use; (ii) as part of a marketplace that permits the purchase and sale of your Monaco Market digital offerings, provided that the marketplace cryptographically verifies each Monaco Market digital offerings owner’s rights to display the art for Monaco Market digital offerings to ensure that only the actual owner can display the art; or (iii) as part of a third party website or application that permits the inclusion, involvement, or your participation with Monaco Market digital offerings, provided that the website/application cryptographically verifies each of Monaco Market digital offerings and Monaco Market digital offerings owner’s rights to display the art for Monaco Market digital offerings to ensure that only the actual owner can display the art, and provided that the art is no longer visible once the owner of Monaco Market digital offerings leaves the website/application.
C. Commercial Use. Subject to your continued compliance with these Terms, Monaco Market grants you a revocable, non–exclusive, non–transferrable, limited, right to use, copy, and display the purchased digital offerings for the purpose of storage, display, buying and selling, unless otherwise explicitly agreed upon by you and Monaco Market in writing (“Commercial Use”), and you may only access and use the application in accordance with the terms and conditions of this license. Examples of such Commercial Use would be the use of the art to produce and sell merchandise products displaying copies of the art. For the sake of clarity, nothing in this Section will be deemed to restrict you from (i) owning or operating a marketplace that permits the use and sale of Monaco Market digital offerings generally, provided that the marketplace cryptographically verifies each of Monaco Market digital offerings owner’s rights to display the art for their Monaco Market digital offerings to ensure that only the actual owner can display the art; (ii) owning or operating a third party website or application that permits the inclusion, involvement, or participation of Monaco Market digital offerings generally, provided that the third party website or application cryptographically verifies each Monaco Market digital offerings owner’s rights to display the art for their Monaco Market digital offerings to ensure that only the actual owner can display the art, and provided that the art is no longer visible once the owner of the purchased Monaco Market digital offerings leaves the website/application; or (iii) earning revenue from any of the foregoing.
D. Intellectual Property. Nothing herein gives you any rights to any other trademarks, trade dress, copyrights, or other intellectual property rights belonging to Monaco Market digital offerings and Monaco Market, including, without limitation, to Monaco Market digital offerings or Monaco Market, and the associated logos and any other intellectual property, unless otherwise agreed upon by you and Monaco Market in writing. All of these rights are expressly reserved in the name of Monaco Market digital offerings and Monaco Market.
E. Access to Ownership. Monaco Market digital offerings and Monaco Market are subject to lists and approvals in order to enable users to obtain ownership in Monaco Market digital offerings at Monaco Market’s sole discretion. Monaco Market digital offerings and Monaco Market may also select users to own Monaco Market digital offerings and Monaco Market, through any process of their choosing, randomized or otherwise, subject to change without notice.
F. Violations. As used herein, the term “Violation” refers to (i) any felonious act, any act involving moral turpitude, any criminal charges involving a minor, and any act or written words that do not align with the Monaco Market digital offerings mission or core values at Monaco Market’ sole discretion; and (ii) any situation or occurrence otherwise tending to bring you or Monaco Market digital offerings or CLCT in a negative light, public disrepute, scandal, or ridicule. This includes but is not limited to usage of the Monaco Market digital offerings or CLCT and interaction with the Monaco Market digital offerings community or related platforms and channels, such as chatrooms and events. Monaco Market digital offerings may list its mission and community guidelines on its website or related digital platforms, subject to change. In the event you directly or indirectly commit a Morals Violation, Monaco Market digital offerings and Monaco Market, in their sole discretion, shall have the right to legal and equitable remedies including but not limited to an injunction, freezing of the Monaco Market digital offerings or Monaco Market, a taking of the Monaco Market digital offerings or Monaco Market, and to immediately terminate or suspend your user account without liability, penalty, or further obligation to Monaco Market digital offerings.
G. Governance, Voting, and Feedback. You may by virtue of interacting and engaging with Monaco Market be opted in to join a community and decentralized autonomous organization and may choose to submit comments, bug reports, ideas or other feedback about the website, including without limitation about how to improve the website (collectively, “Feedback”). By submitting any Feedback, you agree that we are free to use such Feedback in any way we choose without additional compensation to you, and you hereby grant Monaco Market digital offerings and Monaco Market, a perpetual, irrevocable, nonexclusive, worldwide license to incorporate and use the feedback for any purpose.
2. YOUR OBLIGATIONS.
You are solely responsible for your own conduct while accessing or using the website, and your use of Monaco Market digital offerings and for any consequences thereof. You agree to use the website and Monaco Market digital offerings, as well as related products and services, only for purposes that are legal, proper and in accordance with these Terms and any applicable laws or regulations. You further agree that your usage of Monaco Market digital offerings may be subject to the Terms. By way of example, and not as a limitation, you may not and may not allow any third party to: (i) send, upload, distribute or disseminate any unlawful, defamatory, harassing, abusive, fraudulent, hateful, violent, obscene, or otherwise objectionable content; (ii) distribute viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other items of a destructive or deceptive nature; (iii) impersonate another person; (iv) upload, post, transmit or otherwise make available through the platforms any content that infringes the intellectual property or proprietary rights of any party or otherwise violates the legal rights of others; (v) engage in, promote, or encourage illegal activity (including, without limitation, money laundering); (vi) interfere with other users’ use of the website; (vii) use the website for any unauthorized commercial purpose; (viii) modify, adapt, translate, or reverse engineer any portion of the website; (ix) remove any copyright, trademark or other proprietary rights notices contained in or on the website or any part of it; (x) use any technology to collect information about the website’s for any unauthorized purpose; (xi) access or use the website for the purpose of creating a product or service that is competitive with any of our products or services. If you engage in any of the activities prohibited by the Terms, we may, at our sole and absolute discretion, without notice to you, and without limiting any of our other rights or remedies at law or in equity, immediately suspend or terminate your user account without liability, penalty, or further obligation to Monaco Market.
3. FEES AND PAYMENT.
A. If you elect to purchase or receive any Monaco Market digital offerings through the website, platform, and/or any third parties, any financial transactions that you engage in will be conducted through the blockchain network. We will have no insight into or control over these payments or transactions, nor do we have the ability to reverse any transactions. We will have no liability to you or to any third party for any claims or damages that may arise as a result of any transactions that you engage or any other transactions that you conduct via the blockchain network.
B. Blockchains may require the payment of a transaction fee (a “Gas Fee”) or other fees for every transaction that occurs on the blockchain network. The Gas Fee funds the network of computers that run the decentralized blockchain network. This means that you will need to pay a Gas Fee or other fees for each transaction.
A. Eligibility. By owning any Monaco Market digital offerings or access thereof you may be eligible for certain benefits, promotions, and giveaways, solely at the discretion of Monaco Market and subject to change without notice.
B. Projects. For the avoidance of doubt, you understand that Monaco Market may encompass different digital collectables, projects, and collaborations that you may not have access to with ownership. Different projects may include but are not limited to a Decentralized Autonomous Organization (“DAO”), communities, events, health retreats, chat forums and platforms, metaverse or related Web3 projects, and/or any other projects. Ownership of any Monaco Market digital offerings includes, but is not limited to, the assent to joining the Monaco Market’ DAO.
C. Access. You understand that Monaco Market digital offerings ownership does not guarantee access to any additional benefits beyond ownership, which are to be provided at the sole discretion of Market, subject to change without notice, including but not limited to events such as a health retreat, metaverse, web 3.0, DAOs, communities, which are all at the sole discretion of Monaco Market, subject to change without notice.
D. Collateralization. You agree and consent to any and all borrowing, lending, fractionalization, buying, selling, insuring, and staking any and all assets whether physical or digital. For the avoidance of doubt, “staking” shall mean: (i) a way of earning fees or other rewards by putting certain digital or physical assets that may involve verify transactions on the related network, that may represent direct participation in a consensus mechanism such as serving as a validator or delegation to others that participate, and (ii) a way of incentivizing participation by providing additional rewards to participants that provide full or temporary access for the smart contract. Rewards help to incentivize protocol participation by encouraging participants, may include direct incentive. You further agree and understand that any assets interacting or engaging with Monaco Market may be subject to a holding period of at least three (3) months unless otherwise provided by Monaco Market in advance in writing.
E. Additional Developments. All additional developments are subject solely within Monaco Market’s discretion, subject to change without notice.
i. Monaco Market may retain a third or more of the resale royalties of Monaco Market digital offerings sales to be invested or the proceeds voted on by the Monaco Market digital offerings owners and/or community, subject to change without notice. Monaco Market may also allocate re–sales and royalties at its sole discretion to many parties or no parties at all.
ii. A spot in the Metaverse or web 3.0 or similar may be developed at a later date for Monaco Market digital offerings owners, subject to change without notice.
iii. Monaco Market may initiate further developments. Owners of Monaco Market digital offerings may have an advantage with respect to access.
A. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR ACCESS TO AND USE OF THE WEBSITE IS AT YOUR SOLE RISK, AND THAT THE WEBSITE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE MAKE NO EXPRESS WARRANTIES AND HEREBY DISCLAIM ALL IMPLIED WARRANTIES REGARDING THE WEBSITE AND ANY PART OF IT (INCLUDING, WITHOUT LIMITATION, THE WEBSITE, ANY SMART CONTRACT, OR ANY EXTERNAL WEBSITES), INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON–INFRINGEMENT, CORRECTNESS, ACCURACY, OR RELIABILITY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MONACO MARKET, AND ALL SUBSIDIARIES, AFFILIATES, AND LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (I) YOUR ACCESS TO OR USE OF THE WEBSITE AND DIGITAL PLATFORMS AS WELL AS THIRD PARTIES WILL MEET YOUR REQUIREMENTS, (II) YOUR ACCESS TO OR USE OF THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (III) USAGE DATA PROVIDED THROUGH THE WEBSITE WILL BE ACCURATE,
(III) THE WEBSITE OR ANY CONTENT, SERVICES, OR FEATURES MADE AVAILABLE ON OR THROUGH THE WEBSITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (IV) THAT ANY DATA THAT YOU DISCLOSE WHEN YOU USE THE WEBSITE WILL BE SECURE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
B. YOU ACCEPT THE SECURITY RISKS, INHERENT OR OTHERWISE, OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND AGREE THAT MONACO MARKET HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY BREACH OF SECURITY UNLESS IT IS DUE TO OUR WILLFUL MISCONDUCT.
C. MONACO MARKET WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSSES YOU INCUR AS THE RESULT OF YOUR USE OF A BLOCKCHAIN NETWORK, ACTS OF GOD, ACTS OF WAR, NATURAL CATASTROHIES BOTH PHYSICAL AND DIGITAL, STRIKES, ACCIDENTS, WORK STOPPAGE, OR ANY OR ANY DELAY OR FAILURES BEYOND MONACO MARKET’S DIRECT CONTROL.
6. LIMITATIONS OF LIABILITY.
A. Monaco Market is not responsible for any incorrect or inaccurate information, whether caused by website users, or tampering or hacking, or by any of the equipment or programming associated with or utilized in the sweepstakes and assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to the website. Monaco Market is further not responsible for injury or damage to participants’ or to any other person’s computer related to or resulting from participating in this sweepstakes or downloading materials from or use of the website. If, for any reason, the sweepstakes is not capable of running as planned by reason of infection by computer virus, worms, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which, in the sole opinion of Monaco Market, could corrupt or affect the administration, security, fairness, integrity or proper conduct of this sweepstakes, Monaco Market reserves the right at its sole discretion to cancel, terminate, modify or suspend any sweepstakes or any drawings and selections.
B. IN NO EVENT WILL MONACO MARKET, ITS LICENSEES, OR THEIR PARENTS, AFFILIATES, SUBSIDIARIES, CONTRACTORS, AND RELATED COMPANIES, THEIR ADVERTISING OR PROMOTION AGENCIES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS, BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF MONACO MARKET’ PLATFORMS AND RELATED PRODUCTS AND/OR SERVICES OR THE DOWNLOADING FROM OR COPYING MATERIAL DOWNLOADED FROM SAID SITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THIS SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
C. YOU ACKNOWLEDGE AND AGREE THAT MONACO MARKET MADE THE DIGITAL PLATFORMS AVAILABLE TO YOU AND YOU ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN AND FOR FURTHER CONSIDERATIONS. WE WOULD NOT BE ABLE TO PROVIDE THE WEBSITE TO YOU WITHOUT THESE LIMITATIONS. YOU FURTHER UNDERSTAND AND AGREE THAT MONACO MARKET, ITS EMPLOYERS, CONTRACTORS, PARENTS, OR AFFILIATES WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES WHICH YOU MAY INCUR, TO THE EXTENT CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF PROFITS (WHETHER INCURRED DIRECTLY OR INDIRECTLY), LOSS OF GOODWILL OR BUSINESS REPUTATION, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR ANY OTHER INTANGIBLE LOSS, EVEN IF MONACO MARKET HAS BEEN ADVISED OF SUCH DAMAGES.
D. YOU AGREE THAT OUR TOTAL, AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR ACCESS TO OR USE OF (OR YOUR INABILITY TO ACCESS OR USE) ANY PORTION OF THE WEBSITE, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, IS LIMITED TO THE GREATER OF (A) THE AMOUNTS YOU ACTUALLY PAID TO US UNDER THESE TERMS IN THE TWELVE (12) MONTH PERIOD PRECEDING THE DATE THE CLAIM AROSE, OR (B) $100 USD (ONE HUNDRED DOLLARS).
7. FURTHER ASSUMED RISKS.
A. If you sell, gift, or transfer any Monaco Market digital offerings, please be advised that the transfer and ownership of Monaco Market digital offerings are at your own risk, and prices of digital offerings may be extremely volatile and fluctuations in the cryptocurrency prices and other digital offerings could impact the price of your Monaco Market digital offerings positively or negatively. Given the volatility, Monaco Market’s access to digital offerings should not be considered an investment for any purposes whatsoever nor may be construed as such, and you assume all risks.
B. Ownership of any Monaco Market digital offerings confers ownership of that artwork only. Accordingly, no information on this website is or may be considered to be advice or an invitation to enter into an agreement for any investment purpose. Further, nothing on this website qualifies or is intended to be an offering of securities in any jurisdiction nor does it constitute an offer or an invitation to purchase shares, securities or other financial products. Due to the artistic nature of the project Monaco Marketis not required nor is registered with or approved by any regulator in any jurisdiction which may be subject to change. It remains your sole responsibility to assure the purchase of Monaco Market digital offerings and associated works are in compliance with laws and regulations.
C.You assume all risks associated with using Monaco Market, Web3, and cryptocurrency, including, but not limited to,the risk of hardware, software and internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to information stored within your wallet.
D. Blockchain technologies, cryptocurrencies, Monaco Market, decentralized finance, and blockchain technologies are relatively new and the regulatory landscape is unsettled. New regulations could negatively impact such technologies impacting the Monaco Market digital offerings. You understand and accept all such risks.
You agree to hold harmless and indemnify Monaco Market, and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers, advisors, consultants, and partners from and against any claim, liability, loss, damage (actual and consequential), including but not limited to you through any physical or digital means, of any kind or nature, suit, judgment, litigation cost, and reasonable attorneys’ fees arising out of or in any way related to (i) your breach of these Terms, (ii) your misuse of the website, or (iii) your violation of applicable laws, rules or regulations in connection accessing or use of the website.
You must be at least eighteen (18) years old to access this website or purchase Monaco Market digital offerings or you are not permitted to interact with Monaco Market or its digital offerings in any capacity, or otherwise subject to locality and jurisdictional governance. By accessing the digital platforms or partaking in Monaco Market or its digital offerings in any way, you represent and warrant you are at least eighteen (18) years of age unless provided herein.
10. INTERNATIONAL COMPLIANCE.
You agree and accept that Monaco Market endeavors to comply with any and all sanctions, holdings, regulations, privacy considerations, or treaties, administered or enforced by the U.S. Department of Treasury’s Office of Foreign Assets Control (“OFAC”), the United Nations Security Council (“UNSC”), the European Union (“EU”), Her Majesty’s Treasury (“HMT”), the Export Administration Regulations (“EAR”) administered by the U.S. Department of Commerce’s Bureau of Industry and Security (“BIS”) or other relevant sanctions or governing authority. Monaco Market further does not endeavor to do business or will promptly cease any and all operations without liability or repercussion with any organizations located, organized or resident in a country or territory that is the subject of a U.S. government embargo (including, without limitation, Cuba, Iran, North Korea, Russia, Syria and the Crimea).
11. CHANGES TO THE TERMS.
Monaco Market may make changes to the Terms at its sole discretion. Therefore, you agree to check these Terms periodically from time to time for changes. Any changes to the Terms will apply on the date that they are made, and your continued access to or use after the Terms have been updated will constitute your binding acceptance of the updates. If you do not agree to any Terms, you may not access or use Monaco Market’ platforms, services, or products.
12. DISPUTE RESOLUTION.
All disputes arising out of or in connection with these Terms, including without limitation your access or use of the Monaco Market digital offerings or digital platforms, services, and/or related products, or to any other third party products or digital goods sold or distributed with respect to Monaco Market digital offerings or CLCT, will be referred to and finally resolved by arbitration under the rules of the American Arbitration Association (the “AAA”). The case will be adjudicated by a single arbitrator and will be administered by the American Arbitration Association in accordance with its applicable rules. Each party will cover its own fees and costs associated with the arbitration proceedings. The place of arbitration will be New York, New York. The award of the arbitrator will be final and binding, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing, we may seek and obtain injunctive relief in any jurisdiction in any court of competent jurisdiction. WITH RESPECT TO ANY DISPUTE ARISING OUT OF OR RELATED TO THESE TERMS, INCLUDING WITHOUT LIMITATION TO DISPUTES RELATED TO THE PLATFORMS OR ANY PRODUCTS OR SERVICES BY MONACO MARKET, TRANSFERRED, DISTRIBUTED, BY MONACO MARKET, THIRD PARTIES, OR ANY CONTRACTS, YOU HEREBY EXPRESSLY: (I) GIVE UP YOUR RIGHT TO HAVE A TRIAL BY JURY; AND (II) 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 DISPUTES.