Terms of Service Page

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EcoTradeZone Terms of Service

Last Updated: 31 Jan 2024 Introduction Welcome to EcoTradeZone, owned and operated by BionerG Limited. (“EcoTradeZone,” “we,” “us”, or “our”). These Terms of Service (“Terms”) govern your access to and use of the EcoTradeZone website(s), our APIs, mobile applications (“App”), and any live support, software, tools, features, or functionalities provided on or in connection with our services; including without limitation using our services to view, explore, help display, purchase, sell, or transfer NFTs on public blockchains (collectively, the “Services”). “NFT” in these Terms means a non-fungible token or similar digital item implemented on a blockchain (such as the Ethereum blockchain), which uses smart contracts to link to or otherwise be associated with certain content or data.
For purposes of these Terms, “user”, “you”, and “your” mean you as the user of the Service. If you use the Service on behalf of a company or other entity then “you” includes you and that entity, and you represent and warrant that (a) you are an authorized representative of the entity with the authority to bind the entity to these Terms, and (b) you agree to these Terms on the entity’s behalf. Please read these terms of service carefully as they contain important information and affect your legal rights. As outlined below, they include a mandatory arbitration agreement and class action waiver which (with limited exceptions) require any disputes between us to be resolved through individual arbitration rather than by a judge or jury in court. By clicking to accept, sign, and/or using our service, you agree to be bound by these terms and all of the terms incorporated herein by reference. If you do not agree to these terms, you may not access or use the service. EcoTradeZone is not a wallet provider, exchange, broker, dealer, financial institution, payments processor, money services business, or creditor. EcoTradeZone provides a peer-to-peer web3 service that helps users discover and directly interact with each other and NFTs available on public blockchains. We do not have custody or control over the NFTs or blockchains you are interacting with and we do not execute or effectuate purchases, transfers, or sales of NFTs. To use our Service, you must use a third-party wallet which allows you to engage in transactions on blockchains. You bear full responsibility for verifying the legitimacy of the constituent parts of an EcoAsset, and authenticity of NFTs that you purchase from third-party sellers and we make no claims beyond the objective representation of information, and no guarantees, or recommendations about the legitimacy as a carbon removal, the functionality of it as a carbon removal, or trustability of the Users or NFTs (and any content associated with such NFTs) visible on the Service. Because we have a growing number of Services, we sometimes need to provide additional terms for specific Services (and such Services are deemed part of the “Services” hereunder and shall also be subject to these Terms). Those additional terms and conditions, which are available with the relevant Services, then become part of your agreement with us if you use those Services. In the event of a conflict between these Terms and any additional applicable terms we may provide for a specific Services, such additional terms shall control for that specific Services. EcoTradeZone reserves the right to change or modify these Terms at any time and in our sole discretion. If we make material changes to these Terms, we will use reasonable efforts to provide notice of such changes, such as by providing notice through the Services or updating the “Last Updated” date at the beginning of these Terms. By continuing to access or use the Services, you confirm your acceptance of the revised Terms and all of the terms incorporated therein by reference effective as of the date these Terms are updated. It is your sole responsibility to review the Terms from time to time to view such changes and to ensure that you understand the terms and conditions that apply when you access or use the Services. Accessing the Services Like much of web3, your blockchain address functions as your identity on EcoTradeZone. Accordingly, you will need a blockchain address and a third-party wallet to access the Services. Your account on the Services (“Account”) will be associated with your blockchain address. EcoTradeZone will be associated with your linked blockchain address and display the NFTs for that blockchain address (and, if applicable, any content associated with such NFTs). By using your wallet in connection with the Services, you agree that you are using that wallet under the terms and conditions of the applicable provider of the wallet. Wallets are not operated by, maintained by, or affiliated with EcoTradeZone, and EcoTradeZone does not have custody or control over the contents of your wallet and has no ability to retrieve or transfer its contents. EcoTradeZone accepts no responsibility for, or liability to you, in connection with your use of a wallet and makes no representations or warranties regarding how the Services will operate with any specific wallet. You are solely responsible for keeping your wallet secure and you should never share your wallet credentials or seed phrase with anyone. If you discover an issue related to your wallet, please contact your wallet provider. Likewise, you are solely responsible for your Account and any associated wallet and we are not liable for any acts or omissions by you in connection with your Account or as a result of your Account or wallet being compromised. You agree to immediately notify us if you discover or otherwise suspect any security issues related to the Services or your Account (you can contact us chris@bionerg.com).

You also represent and warrant that you will comply with all applicable laws (e.g., local, state, federal and other laws) in the jurisdiction that applies to you and also the jurisdiction that applies in the UK while using the Services. In order to comply with our legal obligations and keep our users and platform safe, we may need to restrict, suspend, or terminate your access to the Services. You acknowledge that EcoTradeZone is under no obligation to disclose the details of its decision to take such action with you. If you access or use the Services outside the UK, you are solely responsible for ensuring that your access and use of the Services in such country, territory or jurisdiction does not violate any applicable laws. EcoTradeZone may require you to provide additional information and documents in certain circumstances, such as at the request of any government authority, as any applicable law or regulation dictates, to provide you with a requested Services, or to investigate a potential violation of these Terms. In such cases, EcoTradeZone, in its sole discretion, may disable your Account and block your ability to access the Services until such additional information and documents are processed by EcoTradeZone. If you do not provide complete and accurate information in response to such a request, EcoTradeZone may refuse to restore your access to the Services. Your access and use of the Services may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance, or repair of the Services, geographic restrictions, potential violation of these Terms, or other actions that EcoTradeZone, in its sole discretion, may elect to take. You understand that EcoTradeZone, in its sole discretion, may disable your Account and/or reassign your username or associated url. We require all users to be at least 18 years old. Ownership The Services, including its “look and feel” (e.g., text, graphics, images, logos, page headers, button icons, urls, and scripts), proprietary content, information and other materials, and all content and other materials contained therein, including, without limitation, the EcoTradeZone logo and all designs, text, graphics, pictures, data, software, sound files, other files, and the selection and arrangement thereof are the proprietary property of EcoTradeZone or our affiliates, licensors, or users, as applicable, and you agree not to take any action(s) inconsistent with such ownership interests. We and our affiliates, licensors, and users, as applicable, reserve all rights in connection with the Services and its content, including, without limitation, the exclusive right to create derivative works. EcoTradeZone’s name, logo, trademarks, and any EcoTradeZone product or Services names, designs, logos, and slogans are the intellectual property of EcoTradeZone or our affiliates or licensors and may not be copied, imitated or used, in whole or in part, without our prior written permission in each instance. You may not use any metatags or other “hidden text” utilizing “EcoTradeZone” or any other name, trademark or product or Services name of EcoTradeZone or our affiliates or licensors without our prior written permission. In addition, the “look and feel” of the Services constitutes the Services mark, trademark or trade dress of EcoTradeZone and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other third-party trademarks, registered trademarks, and product names mentioned on the Services or contained in the content linked to or associated with any NFTs displayed on the Services are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable intellectual property rights holder. Reference to any products, Services, processes or other information by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by EcoTradeZone. We welcome feedback, comments, and suggestions for improvements to the Services (“Feedback”). You acknowledge and expressly agree that any contribution of Feedback does not and will not give or grant you any right, title, or interest in the Services or in any such Feedback. You agree that EcoTradeZone may use and disclose Feedback in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim. You hereby assign to EcoTradeZone any and all right, title, and interest (including, but not limited to, any patent, copyright, trade secret, trademark, show-how, know-how, moral rights and any and all other intellectual property right) that you may have in and to any and all Feedback. EcoTradeZone does not have ownership, custody, or control of NFTs or the smart contracts deployed by third parties. Creators of these NFTs or smart contracts are solely responsible for their operation and functionality. License to Access and Use Our Services and Content You are hereby granted a limited, nonexclusive, nontransferable, nonsublicensable, and personal license to access and use the Services provided, however, that such license is subject to your compliance with these Terms. If any software, content, or other materials owned by, controlled by, or licensed to us are distributed or made available to you as part of your use of the Services, we hereby grant you a non-commercial, personal, non-assignable, non-sublicensable, non-transferrable, and non-exclusive right and license to access and display such software, content, and materials provided to you as part of the Services (and right to download a single copy onto your applicable equipment or device), in each case for the sole purpose of enabling you to use the Services as permitted by these Terms, provided that your license in any content linked to or associated with any NFTs is solely as set forth by the applicable seller or creator of such NFT. Third-Party Content, Agreements, and Services As a peer-to-peer web3 Services, EcoTradeZone helps you explore NFTs known as EcoAssets and interact with different blockchains. We also cannot guarantee that any NFTs visible on EcoTradeZone will always remain visible and/or available to be bought, sold, or transferred. Users are solely responsible for any content related to their NFTs. These Terms solely govern the use of our Services. NFTs are available on public blockchains, are purchased, sold, or transferred between a buyer, seller and/or creator directly, and may be purchased, sold, or transferred by buyers, sellers, and/or creators without the use of our Services and therefore without agreeing to our Terms. There may be terms and conditions that apply to the NFTs' themselves set directly between buyers, sellers, and/or creators with respect to the NFT including with respect to the use of the NFT content and rights and obligations associated with a given NFT ("NFT Terms"). For example, when you click to get more details about any of the NFTs or NFT collections visible on EcoTradeZone or view the NFT metadata, you may notice a third-party link to NFT Terms governing the use of the NFT that you will be required to comply with. EcoTradeZone does not set the NFT Terms and is not party to any such NFT Terms, which are solely between the buyer, seller, and/or creator. The buyer, seller, and/or creator are entirely responsible for communicating, promulgating, agreeing to, and enforcing NFT Terms. You are responsible for reviewing such NFT Terms. Sellers are solely responsible for determining and establishing the price of an NFT, inclusive of any applicable tax. For its Services, EcoTradeZone may receive certain fees. EcoTradeZone does not set, collect, or determine other applicable costs, fees, and expenses associated with buying and selling an NFT, including but not limited to any creator earnings, gas, or transaction fees. These costs, fees, and expenses are paid directly to the seller, creator, payment processor, blockchain validator, or other third party, as applicable. Because these costs, fees, and expenses are not collected by EcoTradeZone, it cannot refund them. The Services may also contain links or functionality to access or use third-party websites (“Third-Party Websites”) and applications (“Third-Party Applications”), or otherwise display, include, or make available content, data, information, Services, applications, or materials from third parties (“Third-Party Materials”). When you click on a link to, or access and use, a Third-Party Website or Third-Party Application, though we may not warn you that you have left our Services, you are subject to the terms and conditions (including privacy policies) of another website or destination. Such Third-Party Websites, Third-Party Applications, and Third-Party Materials are not under the control of EcoTradeZone, and may be “open” applications for which no recourse is possible. EcoTradeZone is not responsible or liable for any Third-Party Websites, Third-Party Applications, and Third-Party Materials. EcoTradeZone provides links to these Third-Party Websites and Third-Party Applications only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites or Third-Party Applications, or their products or Services or associated Third-Party Materials. You use all links in Third-Party Websites, Third-Party Applications, and Third-Party Materials at your own risk. User Conduct Thanks to all of the latest innovation and hard work that has been put into the blockchain by so many people, we can bring trustability to the ecological care of our planet. However, to protect our community and comply with our legal obligations, we reserve the right to take action, with or without advance notice, if we believe, in our sole discretion, that you have violated these Terms or that you may use our Services for unlawful activity. This may include, but is not limited to, removing or limiting the ability to view or interact with certain NFTs; disabling or restricting the ability to use the Services (or certain aspects of the Services); and/or other actions. You agree that you will not violate any law, contract, intellectual property or other third-party right, and that you are solely responsible for your conduct and content, in connection with using the Services. You also agree that you will not: Use or attempt to use another user’s Account without authorization from such user; Pose as another person or entity, or use a wallet to engage in a transaction on EcoTradeZone that is owned or controlled, in whole or in part, by any other person; Behave in a way as to intentionally mislead, deceive, create fraudulent information, or in anyway undermine the trustability of EcoTradeZone’s message; Access the Services from a different blockchain address if we’ve blocked any of your other blockchain addresses from accessing the Services, unless you have our written permission first; Distribute spam, including through sending unwanted NFTs to other users; Use the Services – including through disseminating any software or interacting with any API – that could damage, disable, overburden, or impair the functioning of the Services in any manner; Bypass or ignore instructions that control access to the Services, including attempting to circumvent any rate limiting systems, directing traffic through multiple IP addresses, or otherwise obfuscating the source of traffic you send to EcoTradeZone; Use our Services, including our APIs, in any way that conflicts with our developer policies; Use our Services for commercial purposes inconsistent with these Terms or any other instructions; Use any data mining, robot, spider, crawler, scraper, script, browser extension, offline reader, or other automated means or interface not authorized by us to access the Services, extract data, or otherwise interfere with or modify the rendering of Services pages or functionality; Reverse engineer, duplicate, decompile, disassemble, or decode any aspect of the Services, or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any Services, area, or code of the Services; Sell or resell the Services or attempt to circumvent any EcoTradeZone fee systems; Engage in behaviors that have the intention or the effect of artificially causing an item or collection to appear in a certain area on EcoTradeZone’s site or at the top of search results, or artificially increasing view counts, favorites, or other metrics that EcoTradeZone might use to surface or sort items, collections, or search results; Use the Services or data collected from our Services for any advertising or direct marketing activity (including without limitation, email marketing, SMS marketing, and telemarketing); Use the Services, directly or indirectly, for or in connection with money laundering, terrorist financing, or other illicit financial activity, or in any way in connection with the violation of any law or regulation that applies to you or to EcoTradeZone; Use the Services, directly or indirectly, for, on behalf of, for the benefit of, or in connection with (a) any natural or legal person that is the subject of Sanctions; (b) any natural or legal person located in, ordinarily resident in, or organized under the laws of, any Embargoed Jurisdiction; or (c) any legal person owned or controlled, directly or indirectly, by any natural or legal person located in, ordinarily resident in, or organized under the laws of, any Embargoed Jurisdiction. Use the Services to carry out any financial activities subject to registration or licensing, including but not limited to creating, offering, selling, or buying securities, commodities, options, or debt instruments; Use the Services to create, sell, or buy NFTs or other items that give owners rights to participate in an ICO or any securities offering, or that are redeemable for securities, commodities, or other financial instruments; Use the Services to engage in price manipulation, fraud, or other deceptive, misleading, or manipulative activity; Use the Services to buy, sell, or transfer stolen items, fraudulently obtained items, items taken without authorization, and/or any other illegally obtained items; Infringe or violate the intellectual property rights or any other rights of others; Create, display, purchase, or sell illegal content, such as content that may involve child sexual exploitation; Create or display NFTs or other items that promote suicide or self-harm, incite hate or violence against others, or dox another individual; Use the Services for any illegal or unauthorized purpose, including creating or displaying illegal content, such as content that may involve child sexual exploitation, or encouraging or promoting any activity that violates the Terms of Services; Use the Services with the proceeds of unlawful activity or with a wallet used to engage in unlawful activity; Use the Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Services.

We allow users to post "not safe for work" ("NSFW") content, but that content and other associated material is subject to being marked NSFW and may be handled differently than non-NSFW content in navigation menus and search results. Finally, by using the Services, you understand the importance of DYOR – doing your own research. You bear full responsibility for verifying the authenticity, legitimacy, identity, and other details about any NFT, collection, or account that you view or otherwise interact with in conjunction with our Services. We make no claims, guarantees or recommendations about the identity, legitimacy, or authenticity of any NFT, collection, or account on the Services. Intellectual Property Rights You are solely responsible for your use of the Services and for any information you provide, including compliance with applicable laws, rules, and regulations, as well as these Terms, including the User Conduct requirements outlined above. By using the Services in conjunction with creating, submitting, posting, promoting, or displaying content, or by complying with EcoTradeZone’s metadata standards in your metadata API responses, you grant us a worldwide, non-exclusive, sublicensable, royalty-free license to use, copy, modify, and display any content, including but not limited to text, materials, images, files, communications, comments, feedback, suggestions, ideas, concepts, questions, data, or otherwise, that you submit or post on or through the Services for our current and future business purposes, including to provide, promote, and improve the Services. This includes any digital file, art, or other material linked to or associated with any NFTs that are displayed on the Services. EcoTradeZone does not claim that submitting, posting, or displaying this content on or through the Services gives EcoTradeZone any ownership of the content. We're not saying we own it. We're just saying we might use it and show it off a bit. You represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein for any content that you create, submit, post, promote, or display on or through the Services. You are solely responsible for the content and metadata associated with NFTs and digital items you create. You represent and warrant that such content does not contain material subject to copyright, trademark, publicity rights, or other intellectual property rights, unless you have necessary permission or are otherwise legally entitled to post the material and to grant EcoTradeZone the license described above, and that the content does not violate any laws. EcoTradeZone will take down works in response to complaints that copyright has been breached and will remove any materials that contravenes the Copyright Designs Patents Act 1988 and will terminate a user's access to the Services if the user is determined to be a repeat infringer. If you believe that your content has been copied in a way that constitutes copyright or trademark infringement, or violates your publicity or other intellectual property rights you must give notice in writing to our designated copyright agent at: Email: chris@bionerg.com For us to process your infringement claim regarding content on the Services, you must be the rightsholder or someone authorized to act on behalf of the rightsholder. If you choose to report an infringement by email, your notice must include: Identification of the copyrighted work(s), trademark, publicity rights, or other intellectual property rights that you claim is being infringed; Identification of the allegedly infringing material that is requested to be removed, including a description of the specific location (i.e., urls) on the Services of the material claimed to be infringing, so that we may locate the material; Your contact information – at a minimum, your full legal name (not pseudonym) and email address; A declaration that contains all of the following: A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the intellectual property rights owner, its agent, or the law; A statement that the information in the notice is accurate; and A statement that you are authorized to act on behalf of the intellectual property owner of the intellectual property that is allegedly being infringed. Your electronic signature (of your full legal name). Please note that we will forward your notice of intellectual property infringement, including your contact information, to the party who will have their content removed so they understand why it is no longer available on EcoTradeZone and can also contact you to resolve any dispute. Communication Preferences By creating an Account, you consent to receive electronic communications from EcoTradeZone (e.g., via email, push notification, text messages, or other types of messages). These communications may include notices about your Account (e.g., transactional information) and are part of your relationship with us. We may also send you promotional communications via email we think will be of interest to you. You understand that you are not required to provide this consent as a condition of using the Services and you may opt out of these communications through the Services or through your mobile device’s operating system (with the possible exception of important Services announcements and administrative messages) by following the unsubscribe instructions provided or through your Account settings. App Terms You are responsible for providing the mobile device, wireless Services plan, software, Internet connections, and/or other equipment or Services that you need to download, install, and use the App. We do not guarantee that the App can be accessed and used on any particular device or with any particular Services plan. We do not guarantee that the App or Services will be available in any particular geographic location. The following terms and conditions apply to you only if you are using the App from the Apple App Store: To the extent the other terms and conditions of these Terms are less restrictive than, or otherwise conflict with, the terms and conditions of this paragraph, the more restrictive or conflicting terms and conditions in this paragraph apply, but solely with respect to your use of the App from the Apple App Store. You acknowledge and agree that these Terms are solely between you and EcoTradeZone, not Apple, and that Apple has no responsibility for the App or content thereof. Your use of the App must comply with the App Store’s applicable terms of use. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support Services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms. You acknowledge that Apple is not responsible for addressing any claims of yours or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (a) product liability claims, (b) any claim that the App fails to conform to any applicable legal or regulatory requirement, and (c) claims arising under consumer protection or similar legislation. You acknowledge that, in the event of any third-party claim that the App or your possession and use of that App infringes that third party’s intellectual property rights, EcoTradeZone, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms. You must comply with applicable third-party terms of agreement when using the App. You acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms as they relate to your use of the App, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof. Indemnification By agreeing to these Terms and accessing the Services, you agree, to the fullest extent permitted by applicable law, to indemnify, defend, and hold harmless EcoTradeZone, and our respective past, present, and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, Services providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors, and assigns (individually and collectively, the “EcoTradeZone Parties”), from and against all actual or alleged claims, damages, awards, judgments, losses, liabilities, obligations, taxes, penalties, interest, fees, expenses (including, without limitation, legal fees and expenses), and costs (including, without limitation, court costs, costs of settlement, and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract, or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of the Services, content, NFTs, or content linked to or associated with any NFTs (b) any Feedback you provide, (c) your violation or breach of any term of these Terms or applicable law, and (d) your violation of the rights of or obligations to a third party, including another user or third party, and (e) your negligence or wilful misconduct. You agree to promptly notify EcoTradeZone of any Claims and cooperate with the EcoTradeZone Parties in defending such Claims. You further agree that the EcoTradeZone Parties shall have control of the defense or settlement of any Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and EcoTradeZone. Disclaimers Your access to and use of the services is at your own risk. You understand and agree that the services are provided on an “as is” and “as available” basis and EcoTradeZone expressly disclaims warranties or conditions of any kind, either express or implied. EcoTradeZone (and its suppliers) make no warranty or representation and disclaim all responsibility for whether the services: (a) will meet your requirements; (b) will be available on an uninterrupted, timely, secure, or error-free basis; or (c) will be accurate, reliable, complete, legal, or safe. EcoTradeZone disclaims all other warranties or conditions, express or implied, including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement. EcoTradeZone 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 services. While EcoTradeZone attempts to make your access to and use of the services safe, EcoTradeZone cannot and does not represent or warrant that the services, content, content linked to or associated with any NFTs, or any NFTs you interact with using our services or our services providers’ servers are free of viruses or other harmful components. We cannot guarantee the security of any data that you disclose online. No advice or information, whether oral or obtained from the EcoTradeZone parties or through the services, will create any warranty or representation not expressly made herein. You accept the inherent security risks of providing information and dealing online over the Internet and will not hold EcoTradeZone responsible for any breach of security. We will not be responsible or liable to you for any loss and take no responsibility for, and will not be liable to you for, any use of or loss of use of NFTs, content, and/or content linked to or associated with NFTs, including but not limited to any losses, damages, or claims arising from: (a) user error, incorrectly constructed transactions, or mistyped addresses; (b) server failure or data loss; (c) unauthorized access or use; (d) any unauthorized third-party activities, including without limitation the use of viruses, phishing, brute-forcing or other means of attack against the services or NFTs. NFTs exist only by virtue of the ownership record maintained in the associated blockchain (e.g., Ethereum network). Any transfers or sales occur on the associated blockchain (e.g., Ethereum). EcoTradeZone and/or any other EcoTradeZone party cannot effect or otherwise control the transfer of title or right in any NFTs or underlying or associated content or items. No EcoTradeZone party is responsible or liable for any sustained losses or injury due to vulnerability or any kind of failure, abnormal behavior of software (e.g., wallet, smart contract), blockchains or any other features of the NFTs. No EcoTradeZone party is responsible for losses or injury due to late reports by developers or representatives (or no report at all) of any issues with the blockchain supporting the NFTs, including forks, technical node issues or any other issues having losses or injury as a result. Some jurisdictions do not allow the exclusion of implied warranties in contracts with consumers, so the above exclusion may not apply to you. Assumption of Risk You accept and acknowledge: The value of an NFT is subjective. Prices of NFTs are subject to volatility and fluctuations in the price of cryptocurrency can also materially and adversely affect NFT prices. You acknowledge that you fully understand this subjectivity and volatility and that you may lose money. You understand that you are responsible for any fees related to use of the Services, including for actions you take on the blockchain, regardless of whether a successful transaction occurs, and that such fees are final and irreversible. A lack of use or public interest in the creation and development of distributed ecosystems could negatively impact the development of those ecosystems and related applications, and could therefore also negatively impact the potential utility of NFTs. The regulatory regime governing blockchain technologies, non-fungible tokens, cryptocurrency, and other crypto-based items is uncertain, and new regulations or policies may materially adversely affect the development of the Services and the utility of NFTs. You are solely responsible for determining what, if any, taxes apply to your transactions and to withhold, collect, report, and remit the correct amounts of taxes to the appropriate tax authorities. EcoTradeZone is not responsible for determining, withholding, collecting, reporting, or remitting any taxes that apply to your NFTs or the sale/purchase of your NFTs. There are risks associated with purchasing items associated with content created by third parties through peer-to-peer transactions, including but not limited to, the risk of purchasing counterfeit items, mislabeled items, items that are vulnerable to metadata decay, items on smart contracts with bugs, and items that may become untransferable. You represent and warrant that you have done sufficient research before making any decisions to sell, obtain, transfer, or otherwise interact with any NFTs or accounts/collections. We do not control the public blockchains that you are interacting with and we do not control certain smart contracts and protocols that may be integral to your ability to complete transactions on these public blockchains. Additionally, blockchain transactions are irreversible and EcoTradeZone has no ability to reverse any transactions on the blockchain. There are risks associated with using Internet and blockchain based products, including, but not limited to, the risk associated with hardware, software, and Internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to your third-party wallet or Account. You accept and acknowledge that EcoTradeZone will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the Services or any Blockchain network, however caused. EcoTradeZone reserves the right to hide collections, contracts, and items affected by any of these issues or by other issues. Items you purchase may become inaccessible on EcoTradeZone. Under no circumstances shall the inability to view items on EcoTradeZone or an inability to use the Services in conjunction with the purchase, sale, or transfer of items available on any blockchains serve as grounds for a claim against EcoTradeZone. If you have a dispute with one or more users, You release us from claims, demands, and damages of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include those claims which you may know or suspect to exist in your favor at the time of agreeing to this release. Limitation of Liability To the fullest extent permitted by law, you agree that in no event will EcoTradeZone or its services providers be liable to you or any third party (a) for any lost profit or any indirect, consequential, exemplary, incidental, special, or punitive damages arising from these terms or the services, 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, and whether caused by strict liability or tort (including negligence), breach of contract, or otherwise, even if foreseeable and even if EcoTradeZone or its services providers have been advised of the possibility of such damages; or (b) for any other claim, demand, or damages whatsoever resulting from or arising out of or in connection with these terms of the delivery, use, or performance of the services. Access to, and use of, the services, 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 EcoTradeZone arising out of or in any way related to these terms, the access to and use of the services, content, NFTs, or any EcoTradeZone products or services exceed the greater of (a) $100 or (b) the amount received by EcoTradeZone for its services to you directly relating to the items that are the subject of the claim. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose. 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. Privacy Policy Please refer to our Privacy Policy for information about how we collect, use, and share information from and/or about you ("Your Information"). By submitting Your Information through our Services, you agree to the terms of our Privacy Policy and you expressly consent to the collection, use, and disclosure of Your Information in accordance with the Privacy Policy. Modifications to the Services We reserve the right in our sole discretion to modify, suspend, or discontinue, temporarily or permanently, the Services (or any features or parts thereof) at any time and without liability as a result. Dispute Resolution; Arbitration Dispute Resolution. Please read the following arbitration agreement in this Section (“Arbitration Agreement”) carefully. It requires you to arbitrate disputes with EcoTradeZone and limits the manner in which you can seek relief from us. This section does not govern disputes between users or between users and third parties. EcoTradeZone does not provide dispute resolution Services for such disagreements and the parties must resolve those disputes directly. Applicability of Arbitration Agreement. You agree that any dispute, controversy, or claim relating in any way to your access or use of the Services, to any products sold or distributed through the Services, or to any aspect of your relationship with EcoTradeZone, will be resolved by binding arbitration, rather than in court, including threshold questions of the arbitrability of such dispute, controversy, or claim except that (1) you or EcoTradeZone may assert claims in small claims court, but only if the claims qualify, the claims remain only in such court, and the claims remain on an individual, non-representative, and non-class basis; and (2) you or EcoTradeZone may seek injunctive or equitable relief in a court of proper jurisdiction if the claim relates to intellectual property infringement or other misuse of intellectual property rights. Dispute resolution process. You and EcoTradeZone both agree to engage in good-faith efforts to resolve disputes prior to either party initiating an arbitration, small claims court proceeding, or equitable relief for intellectual property infringement. You must initiate this dispute resolution process by sending an email describing the nature of your claim and desired resolution to: chris@bionerg.com. Both parties agree to meet and confer personally, by telephone, or by videoconference (hereinafter “Conference”) to discuss the dispute and attempt in good faith to reach a mutually beneficial outcome that avoids the expenses of arbitration or, where applicable, litigation. If you are represented by counsel, your counsel may participate in the Conference as well, but you agree to fully participate in the Conference. Likewise, if EcoTradeZone is represented by counsel, its counsel may participate in the Conference as well, but EcoTradeZone agrees to have a company representative fully participate in the Conference. If the parties do not reach agreement to resolve the dispute within sixty (60) days after initiation of this dispute resolution process, either party may refer the matter to the London Court of Arbitration in the manner set out below entitled Governing Law and Venue Authority of Arbitrator. The arbitrator shall have exclusive authority to (a) determine the scope and enforceability of this Arbitration Agreement and (b) resolve any dispute related to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement including, but not limited to, any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and EcoTradeZone. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and these Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us. Waiver of jury trial. You and EcoTradeZone hereby waive any constitutional and statutory rights to sue in court and have a trial in front of a judge or a jury. You and EcoTradeZone are instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement, (“Applicability of Arbitration Agreement”). An arbitrator can award on an individual basis the same damages and relief as a court and must follow these Terms as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review. Severability. Except as provided in this Section, if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect. Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with EcoTradeZone. Modification. Notwithstanding any provision in these Terms to the contrary, we agree that if EcoTradeZone makes any future material change to this Arbitration Agreement, you may reject that change within sixty (60) days of such change becoming effective in writing by email to chris@bionerg.com Governing Law and Venue This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with English law. Any disputes arising out of or in connection with this Agreement shall to the extent possible be settled amicably by negotiation between the Parties within sixty (60) Business Days from the date of written notice by either Party to the other Party of the existence of such dispute. Where a dispute arising out of or in connection with this Agreement cannot be settled amicably through negotiation, such disputes are to be resolved finally by arbitration in accordance with the Arbitration Rules of the London Court of Arbitration. (a) The language of the Arbitration shall be English, (b) The Arbitral seat shall be London, (c) The Arbitral venue shall be London or any other suitable venue for the parties. For the avoidance of doubt, the parties agree to the conducting of virtual hearings whether through conference calls, video conference or other communications technology Termination If you breach any of the provisions of these Terms, all licenses granted by EcoTradeZone will terminate automatically. Additionally, notwithstanding anything contained in these Terms, we reserve the right, with or without notice and in our sole discretion, to suspend, restrict, disable, terminate, or delete your Account and/or your ability to access or use the Services (or any part of the foregoing) at any time and for any or no reason, and you acknowledge and agree that we shall have no liability or obligation to you in such event and that you will not be entitled to a refund of any amounts that you have already paid to us. If we terminate your Account or restrict your access or use of the Services, you retain ownership of your NFTs. You may still access your NFTs through public blockchains and other web3 wallets, platforms, and/or websites. Severability If any term, clause, or provision of these Terms is held invalid or unenforceable, then that term, clause, or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause, or provision, or any other term, clause, or provision of these Terms. Injunctive Relief You agree that a breach of these Terms will cause irreparable injury to EcoTradeZone for which monetary damages would not be an adequate remedy and EcoTradeZone shall be entitled to equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security, or proof of damages. Export Laws You agree that you will not export or re-export, directly or indirectly, the Services, and/or other information or materials provided by EcoTradeZone hereunder, to any country for which the United States or any other relevant jurisdiction requires any export license or other governmental approval at the time of export without first obtaining such license or approval. In particular, but without limitation, the Services may not be exported or re-exported (a) into any embargoed countries or any country that has been designated as a “terrorist supporting” country, or (b) to anyone listed on any U.K. Government list of prohibited or restricted parties. By using the Services, you represent and warrant that you are not located in any such country or on any such list. You are responsible for and hereby agree to comply at your sole expense with all applicable U.K. export laws and regulations. Survival All sections which by their nature should survive the termination of these Terms shall continue in full force and effect subsequent to and notwithstanding any termination of these Terms by EcoTradeZone or you. Termination will not limit any of EcoTradeZone’s other rights or remedies at law or in equity. Miscellaneous These Terms (and any other applicable terms or policies incorporated by reference in these Terms) constitute the entire agreement between you and EcoTradeZone relating to your access to and use of the Services. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of EcoTradeZone, and EcoTradeZone’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for reference only and shall not be read to have any legal effect. The Services is operated by us in the United Kingdom.. Those who choose to access the Services from locations outside the United Kingdom do so at their own initiative and are responsible for compliance with applicable local laws. You and EcoTradeZone agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply to the interpretation or construction of these Terms. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity.