PLEASE READ THE FOLLOWING CAREFULLY BEFORE CONNECTING TO YOUR DIGITAL WALLET AND/OR PURCHASING THOURGH THE BUY TOGETHER FEATURE OR USING THE WEBSITE.
By connecting to your digital wallet and/or purchasing Non-Fungible Tokens ("NFTs"), tokens, cryptocurrencies and other crypto or blockchain-based digital assets (collectively, "Digital Assets") as a group through third party marketplaces (the "Buy Together Feature"), and/or using the Antic website, including accessing your user profile and having access in one place to all purchases you have made using the Buy Together Feature (the "Website," and together with the Buy Together Feature, the “Platform”) you expressly acknowledge and agree that you are entering into a legal agreement with Multeez Ltd., doing business as Antic ("Antic" ,we", "us" or "our"), and have understood and agree to comply with, and be legally bound by, the terms and conditions of the Platform (this "Agreement").
You hereby waive any applicable rights to require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent not prohibited under applicable law. If you do not agree to be bound by this Agreement, you may not use or access the Platform.
1. Ability to Accept.
By using and/or accessing the BUY TOGETHER FEATURE or by accessing and/or using the Website, you confirm that you are at least 18 years of age and are an adult for purposes of all purchases in your country. If you are not of legal age, please do not use or access the Platform. You also agree that (i) you are not prohibited under the sanctions laws and regulations administered by OFAC (or any other governmental authority with jurisdiction over the provision of the Buy Together Feature or related Third Party Services (as defined in Section 21.2), including but not limited to persons appearing on the Specially Designated Nationals and Blocked persons (“SDN”) List issued by OFAC, or are an entity 50% or more owned by an SDN and/or persons located in a jurisdiction that is the subject of territorial sanctions, in each case as may be amended from time to time; and that (ii) you will allow Third Party Services to verify this.
2. Grant of Access.
Subject to the terms and conditions of this Agreement, we hereby grant you access and use of the Platform during the term of this Agreement, in accordance with this Agreement and any applicable Usage Rules (defined below).
3. Grant Restrictions.
You agree not to, and shall not permit any third party to: (i) sublicense, redistribute, sell, lease, lend or rent the Platform; (ii) disassemble, reverse engineer, decompile, decrypt, or attempt to derive the source code of, the Platform; (iv) copy (except for back-up purposes), modify, improve, or create derivative works of the Platform or any part thereof; (v) circumvent, disable or otherwise interfere with security-related features of the Platform or features that prevent or restrict use or copying of any content or that enforce limitations on use of the Platform; (vi) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on or via the Platform (vii) use any communications systems provided by the Platform to send unauthorized and/or unsolicited commercial communications; (viii) use the Antic name, logo or trademarks without our prior written consent; and/or (ix) use the Platform to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches this Agreement. By using the Platform, you further represent, warrant and covenant that: (i) any Digital Assets you transfer via the Buy Together Feature or view on the Website have been legally obtained by, and belong to, you; (ii) You will not use the Platform to transmit or exchange Digital Assets that are the direct or indirect proceeds of any criminal or fraudulent activity, including, without limitation, terrorism or tax evasion; (iii) any Digital Assets you use in connection with the Platform are either owned by you or you are validly authorized to carry out actions using such assets; and (iv) You will pay all fees necessary for interacting with the Polygon blockchain, or any other network with which the Platform is compatible, including "gas" costs, as well as all fees charged by us for your use of the Platform.
4. Wallet and Account.
In order to purchase Digital Assets through the Buy Together Feature you will need to connect your wallet and may have to create or use an account in connection with your wallet account (an "Account"). If you create an Account, you must provide accurate and complete information. You are solely responsible for the activity that occurs in your Account, and you must keep your Account password secure. You must notify us immediately of any unauthorized use of your Account.
5. Location Data.
6. Intellectual Property Rights.
- Ownership. We hereby grant you permission to use the Platform provided that you comply with these Terms and applicable law and is not sold to you under this Agreement and you acknowledge that Antic and its licensors retain all title, ownership rights and Intellectual Property Rights (defined below) in and to the Platform (and its related software). We reserve all rights not expressly granted herein to the Platform. "Intellectual Property Rights" means any and all rights in and to any and all trade secrets, patents, copyrights, service marks, trademarks, know-how, or similar intellectual property rights, as well as any and all moral rights, rights of privacy, publicity and similar rights of any type under the laws or regulations of any governmental, regulatory, or judicial authority, whether foreign or domestic.
- Content. The content on the Platform, including without limitation, the text, information, documents, descriptions, products, software, graphics, photos, sounds, videos, interactive features, and services (the "Materials"), and the trademarks, service marks and logos contained therein ("Marks", and together with the Materials, the "Content"), is the property of Antic and/or its licensors and may be protected by applicable copyright or other intellectual property laws and treaties. “Antic” and the Antic logo are Marks of Antic and its affiliates. All other Marks used on the Platform are the trademarks, service marks, or logos of their respective owners. For the avoidance of doubt, the Digital Assets are not Content that is owned by Antic.
- Use of Content. The content on the Platform is provided to you “as is” and “as available” for your personal use only and may not be used, copied, distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, or otherwise exploited for any other purposes whatsoever without our prior written consent. If you download or print a copy of the content you must retain all copyright and other proprietary notices contained therein.
- Disclosure. We reserve the right to access, read, preserve, and disclose any other information that we obtain in connection with the Platform as we reasonably believe is necessary to: (i) satisfy any applicable law, regulation, legal process, subpoena or governmental request, (ii) enforce this Agreement, including investigation of potential violations of it, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to your user support requests, or (v) protect the rights, property or safety of Antic, our users or the public.
- Your use of the Website is currently for free, however, we may in the future charge a fee for certain features and/or uses. You will not be charged for any such uses of the Website unless you are first notified of such charges, but please be aware that any failure to pay applicable charges may result in you not having access to some or all of the Website.
- You may incur charges from third parties for use of third party services. For example, you may be charged fees via third party marketplaces. Under no circumstances shall Antic incur any liability, of any kind, to you arising from or relating to fees charged to you by third party services linked to or accessed through our Platform.
- Please be aware that your use of the may require and utilize internet connection or data access. To the extent that third party service provider or carrier charges for your internet or data usage are applicable, you agree to be solely responsible for those charges.
8. Information Description and Acknowledgment of Certain Risks.
- We attempt to be as accurate as possible. However, we cannot and do not warrant that the content available on the Platform is, without limitation, accurate, complete, reliable, current, or error-free. We reserve the right to make changes in or to the content, or any part thereof without the requirement of giving you any notice prior to or after making such changes to the content.
- By accessing and using the Platform, you represent that you understand the inherent risks associated with using cryptographic and blockchain-based systems, and that you have a working knowledge of the usage and intricacies of Digital Assets. You further understand that the markets for these Digital Assets are highly volatile due to factors including (but not limited to) adoption, speculation, technology, security, and regulation. You acknowledge and accept that the cost and speed of transacting with cryptographic and blockchain-based systems such as Polygon are variable and may increase dramatically at any time. You further acknowledge and accept the risk that your Digital Assets, or any Digital Assets you acquire may lose some or all of their value and you may suffer loss due to the fluctuation of prices of tokens and/or significant price slippage and cost. You understand that anyone can create a token, including fake versions of existing tokens and tokens that falsely claim to represent projects, and acknowledge and accept the risk that you may mistakenly trade those or other tokens. You further acknowledge that we are not responsible for any of these variables or risks and that we cannot be held liable for any resulting losses that you experience while accessing or using the Platform.
- The Platform and your Digital Assets could be impacted by one or more regulatory inquiries or regulatory actions, which could impede or limit the ability of Antic to continue to make its proprietary software, and thus, could impede or limit your ability to continue to use the Platform.
- You understand and acknowledge that cryptography is a progressing field with advances in code cracking and other technical advancements, such as the development of quantum computers, which may present risks to Digital Assets and the services, and could result in the theft or loss of your Digital Assets. You understand that, while we have taken steps to enhance the security of the Platform and an audit of such security is pending, we cannot rule out a security flaw or hack. To the extent possible, we intend to update Platform to account for any advances in cryptography and to incorporate additional security measures necessary to address risks presented from technological advancements, but that intention does not reflect a binding commitment and does not in any way guarantee or otherwise ensure full security of the Platform.
- You understand that the Polygon blockchain (and all other networks with which the Platform may be compatible) remains under development, which creates technological and security risks when using the Platform in addition to uncertainty relating to Digital Assets and transactions therein. You acknowledge that the cost of transacting on the Polygon blockchain is variable and may increase at any time, thereby impacting any activities taking place on the Polygon blockchain, which may result in price fluctuations or increased prices for using the Platform.
- Any reference to a type of Digital Asset on the Site or otherwise during the use of the Platform does not indicate our approval or disapproval of the technology on which the Digital Asset relies, and should not be used as a substitute for your understanding of the risks specific to each type of Digital Asset.
- Use of the Buy Together Feature, in particular for trading Digital Assets, may carry financial risk. Digital Assets are, by their nature, highly experimental, risky, and volatile. Transactions entered into in connection with the Platform are irreversible, final and there are no refunds. You acknowledge and agree that you will access and use the Site and the Platform at your own risk. The risk of loss in trading Digital Assets can be substantial. You should, therefore, carefully consider whether such trading is suitable for you in light of your circumstances and financial resources. By using the Buy Together Feature, you represent and warrant that you have been, are, and will be solely responsible for making your independent appraisal and investigations into the risks of a given transaction and the underlying Digital Assets. You represent that you have sufficient knowledge, market sophistication, professional advice, and experience to make your evaluation of the merits and risks of any transaction conducted in connection with the Platform or any Digital Asset. You accept all consequences of using the Buy Together Feature, including the risk that you may lose access to your Digital Assets indefinitely. All transaction decisions are made solely by you. Notwithstanding anything in these Agreement, we accept no responsibility whatsoever for, and will in no circumstances be liable to you in connection with, your use of the Platform for performing Digital Asset transactions.
- Antic is a developer of software. Antic does not operate a Digital Asset exchange platform or offer trade execution or clearing services and, therefore, has no oversight, involvement, or control concerning your transactions using the Buy Together Feature. All transactions between users of Antic-developed software are executed peer-to-peer directly between the users' Polygon (or other network) addresses through smart contracts.
- Decentralized Platform: The Buy Together Feature is non-custodial, which means that our users remain in control of Digital Assets held and transactions conducted through the Buy Together Feature at all times and Antic never has custody of, or any control over, those digital assets or transactions. You will at all times be responsible for securing the private key necessary to sign transactions from the blockchain address associated with deposited Digital Assets, and Antic will not have access to, or take possession of, such private key or otherwise have ability to control Digital Assets transferred, deposited, or otherwise handled using the Buy Together Feature.
- You understand that Antic is not registered or licensed by any financial regulatory authority. No financial regulatory authority has reviewed or approved the use of the Antic-developed software. Platform does not constitute advice or a recommendation concerning any commodity, security, or other Digital Asset or instrument. Antic is not acting as an investment adviser or commodity trading adviser to any person or entity.
- You expressly agree that you assume all risks in connection with your access and use of the Platform and your interaction therewith. You further expressly waive and release Antic from any and all liability, claims, causes of action, or damages arising from or in any way relating to your use of the Platform and your interaction therewith. If you are a California resident, you waive the benefits and protections of California Civil Code § 1542, which provides: "[a] general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."
10. Warranty Disclaimers.
- THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE.
- WE DO NOT WARRANT THAT THE PLATFORM WILL OPERATE ERROR-FREE, THAT THE PLATFORM IS FREE OF VIRUSES OR OTHER HARMFUL CODE or that WE will correct any errors in the PLATFORM. YOU AGREE THAT WE WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR ANY THIRD PARTY THAT MAY RESULT FROM TECHNICAL PROBLEMS INCLUDING WITHOUT LIMITATION IN CONNECTION WITH THE INTERNET (SUCH AS SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS) OR ANY TELECOMMUNICATIONS OR INTERNET PROVIDERS.
- IF YOU HAVE A DISPUTE WITH ANY OTHER PLATFORM USER INCLUDING USERS WITH WHOM YOU CHOSE TO PURCHASE A DIGITAL ASSET (I.E., THROUGH THE BUY TOGETHER FEATURE), YOU AGREE THAT WE ARE NOT LIABLE FOR ANY CLAIMS OR DAMAGES ARISING OUT OF OR CONNECTED WITH SUCH A DISPUTE. WE RESERVE THE RIGHT, BUT HAVE NO OBLIGATION, TO MONITOR ANY SUCH DISPUTE.
- WE HAVE NO CONTROL OVER THE POLYGON BLOCKCHAIN AND THEREFORE DO NO WARRANT THAT IT WILL OPERATE ERROR-FREE. YOU AGREE THAT WE WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR ANY THIRD PARTY THAT MAY RESULT FROM ANY PROBLEMS WHATSOEVER IN CONNECTION WITH THE CONTINUED OPERATION OF THE POLYGON BLOCKCHAIN.
- Applicable law may not allow the exclusion of certain warranties, so to that extent such exclusions may not apply.
11. Limitation of Liability.
- UNDER NO CIRCUMSTANCES SHALL ANTIC BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF DATA, REVENUE, BUSINESS OR REPUTATION, THAT ARISES UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE PLATFORM EVEN IF ANTIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- IN ANY EVENT, ANTIC'S TOTAL AGGREGATE LIABILITY FOR ALL DAMAGES AND LOSSES THAT ARISE UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE PLATFORM, SHALL NOT IN ANY CIRCUMSTANCE EXCEED THEGREATER OF (A) USD$100 AND (B) THE TOTAL AMOUNTS, IF ANY, ACTUALLY PAID BY YOU TO ANTIC FOR USING THE PLATFORM WITHIN THE THREE (3) MONTHS PRECEDING THE DATE OF BRINGING A CLAIM.
You agree to defend, indemnify and hold harmless Antic and our affiliates, and our respective officers, directors, employees, contractors and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney's fees) arising from, directly or indirectly: (i) your use of, or inability to use, the Platform; (ii) your violation of this Agreement or any other written instruction by us; (iii) your violation of any third party right, including without limitation any copyright, property or privacy right, (iv) your breach of law, rule or regulation; and (v) any of your activities in connection with or arising out of the Digital Assets. Without derogating from or excusing your obligations under this section, we reserve the right (at your own expense), but are not under any obligation, to assume the exclusive defense and control of any matter which is subject to an indemnification by you if you choose not to defend or settle it. You agree not to settle any matter subject to an indemnification by you without first obtaining our express approval.
13. Export Laws.
You agree to comply fully with all applicable export laws and regulations to ensure that neither the Platform nor any technical data related thereto are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations.
14. Updates and Upgrades.
We may from time to time provide updates or upgrades to the Platform (each a "Revision"), but are not under any obligation to do so. Such Revisions will be supplied according to our then-current policies, which may include automatic updating or upgrading without any additional notice to you. You hereby consent to any such automatic updating or upgrading of the Platform. All references herein to the Platform shall include Revisions. This Agreement shall govern any Revisions that replace or supplement the original Platform, unless the Revision is accompanied by a separate license agreement which will govern the Revision and/or if otherwise instructed in writing by Antic.
15. Term and Termination.
- This Agreement is effective until terminated by us or you. We reserve the right, at any time, to: (i) discontinue or modify any aspect of the Platform; and/or (ii) suspend or terminate this Agreement and your use of the Platform with or without cause, and shall not be liable to you or any third party for any of the foregoing. If you object to any term or condition of this Agreement or any subsequent modifications thereto, or become dissatisfied with the Platform in any way, your only recourse and remedy (and our sole liability and/or obligation) is to immediately discontinue use of the Service.
- Upon termination of this Agreement, you shall cease all use of the Platform. This Section 15 and Sections 6 (Intellectual Property Rights), 9 (Privacy), 10 (Warranty Disclaimers), 11 (Limitation of Liability), 12 (Indemnity), and 16 (Assignment) to 20 (Third Party Open Source Software) shall survive termination of this Agreement.
This Agreement, and any rights, obligation and/or licenses granted hereunder, may not be transferred or assigned by you but may be assigned by Antic without restriction or notification.
We reserve the right to modify this Agreement at any time by sending you a notification and/or publishing the revised Agreement on the Platform, or otherwise notifying you in writing. Such change will be effective ten (10) days following the foregoing notification thereof, and your continued use of the Platform thereafter means that you accept those changes.
18. Governing Law and Disputes.
This Agreement shall be governed by and construed in accordance with the laws of the State of Israel without regard to its conflict of laws rules. You agree to submit to the personal and exclusive jurisdiction of the courts located in Tel Aviv, Israel, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. Notwithstanding the foregoing, we may seek equitable relief in any court of competent jurisdiction.
This Agreement, and any other legal notices published by us in connection with the Platform, shall constitute the entire agreement between you and Antic concerning the Platform. In the event of a conflict between this Agreement and any such legal notices, the terms of the applicable notice shall prevail with respect to the subject matter of such notice. In the event of a conflict between this Agreement and any other agreement between Antic and you (including any separate terms and conditions), the terms of this Agreement shall prevail. No amendment to this Agreement will be binding unless in writing and signed by Antic. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and a party's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE PLATFORM MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS IMMEDIATELY AND PERMANENTLY BARRED.
20. Third Party Open Source Software and Third Party Services.
- Portions of the Platform may include third party open source software that are subject to third party terms and conditions ("Third Party Terms"). A list of any third party open source software and related Third Party Terms is available upon request. If there is a conflict between any Third Party Terms and the terms of this Agreement, then the Third Party Terms shall prevail but solely in connection with the related third party open source software. Notwithstanding anything in this Agreement to the contrary, Antic makes no warranty or indemnity hereunder with respect to any third party open source software.
- The Platform may contain links to or be connected to Third-Party Services, and may leverage or plug into such Third Party Services to enable certain features. We provide access to Third Party Services only as a convenience, do not have control over their content, do not warrant or endorse, and are not responsible for the availability or legitimacy of, the content, products or services on or accessible from those Third Party Services (including any related website, resources or links displayed therein). We make no warranties or representations, express or implied, about such linked Third Party Services, the third parties they are owned and operated by, the information contained on them or the suitability of their products or services. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party website, applications, or resources.
- You may be able to link your Digital Assets wallet to your accounts on third-party platforms, sites and services, to enable access to such accounts from your wallet. In doing so, you understand and agree that all transactions made when accessing such accounts from your wallet are subject to this Agreement and to the Third Party terms, privacy policies, and other terms, conditions and policies imposed by the providers of such third-party sites, services and platforms.
Last updated: October 31, 2022