LVCIDIA is a platform that allows you to buy, sell, publish and display digital assets. These terms are entered into between you and LVCIDIA Digital Corp. (“LVCIDIA”) (“Company” or “we” or “our”).
By connecting your digital wallet to interact with the website to buy, sell or stake Non-Fungible or Fungible Tokens, collectively referred to as “NFT” on the LVCIDIA platform (“Platform”), you must agree to these Terms and Conditions (the “Terms”). If you do not agree, please refrain from using this Website or any related services.
These Terms apply to NFTs hosted on the LVCIDIA platform. The terms available at https://lvcidia.xyz/terms-conditions/ apply to other aspects of the website and services.
Ownership and License
Ownership of NFT: When you lawfully own an NFT, you own the specific token on the underlying blockchain. However, ownership of the associated artwork, images, video, content, or other media (“NFT Media”) is subject to the license outlined below.
NFT Media License: As the owner of an NFT, LVCIDIA grants you a limited, non-transferable, non-exclusive, non-sublicensable worldwide license to use, reproduce, display, and perform the specific NFT Media linked to your NFT for personal non-commercial purposes, excluding the creation of new NFTs. Commercialization, derivative works, and modifications of the NFT Media are prohibited. All intellectual property rights not expressly licensed are reserved by LVCIDIA.
No Rights to Trademarks: These Terms do not grant you any rights to use the Company’s trademarks, logos, or service marks. You may not use any trademarks for purposes that require a license or to advertise or promote any products or services.
Third-Party Content: The NFT Media may contain Third-Party Content in which the Company does not own the intellectual property rights. You are solely responsible for any infringement resulting from the use of the NFTs.
Additional Restrictions: You may not use the NFTs in a manner that is unlawful, fraudulent, defamatory, offensive, or infringing, or in violation of applicable laws, regulations, or confidentiality obligations. The Company reserves the right to enforce restrictions and take appropriate action for violations.
Transfer of NFT: The license granted in these Terms is non-transferrable, except when you lawfully transfer ownership of your NFT. The new owner must accept these Terms. The Company is not responsible for any transactions conducted outside the Platform.
Opening an account with us to buy, sell, and hold NFTs on our platform carries significant risks. These risks, explained below, are part of our online Terms of Service that you accept upon account creation.
No regulatory authority has reviewed or endorsed the NFT Contracts or NFTs available on our platform. It’s essential to understand and accept the substantial risks involved in trading NFTs using our services.
Account and Trading Risks:
NFT trading may not suit everyone due to the volatility and unpredictability of NFT prices, potentially leading to significant short-term or long-term losses. Make sure that trading aligns with your knowledge, experience, financial objectives, and resources, especially if your funds come from retirement savings, student loans, or other essential sources.
Your account contract with us grants certain rights and responsibilities. It exposes you to potential risks such as insolvency (credit risk), fraud, or proficiency issues.
Accounts on our platform are not bank accounts, and funds or NFTs received, held, or transacted do not earn interest.
We don’t insure any value in your account. We’re not a member of the Canadian Investor Protection Fund (CIPF), and NFTs held by us do not qualify for CIPF protection.
The value of your NFTs is linked to wallets accessed with your private key. Losing your key means losing your NFTs. We can’t assist in recovering NFTs without your key.
When you stake a NFT on our platform, you agree to lock it in our staking contract for a defined period. During this time, you will accrue platform-specific resources as rewards. The NFT will remain within the staking contract until you elect to withdraw it from the staking pool.
Choosing to unstake your NFT before the end of the defined period will result in forfeiture of all accrued rewards. Please consider this carefully before unstaking.
At this time, we do not provide specific insurance or guarantees for staked NFTs. We prioritize the security and integrity of all assets on our platform. However, staking inherently involves risk, and we urge you to fully understand these risks before deciding to stake an NFT.
Our platform may impose limitations on the types of NFTs that can be staked. These restrictions may be based on various factors including but not limited to the nature of the NFT, market conditions, and regulatory requirements. We reserve the right to adjust these criteria at any time without prior notification.
Disclaimers, Limitations of Liability, and Indemnification
Disclaimer of Warranties: YOUR ACCESS TO AND USE OF THE NFT AND PLATFORM ARE AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
Limitation of Liability
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR PROVIDERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE ACCESS TO, USE OR PERFORMANCE OF THE PLATFORM, NFTS, OR DIGITAL ASSETS, OR FOR ANY DAMAGES RELATED TO LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF USE OR LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE AND EVEN IF LVCIDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. REGARDLESS OF WHETHER THE USER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL THE COMPANY’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE ACCESS TO, USE OR PERFORMANCE OF THE PLATFORM, NFTs, OR DIGITAL ASSETS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EXCEED THE AMOUNT PAID BY YOU TO LVCIDIA FOR THE SERVICES IN THE LAST SIX MONTHS OUT OF WHICH LIABILITY AROSE.
You agree to indemnify, defend, and hold harmless the Company, its directors, officers, employees, agents, partners, suppliers, and content providers from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) that arise out of or are related to:
(a) Your violation or breach of these Terms;
(b) Your access to or use of the Tokens or Platform;
(c) Your violation of any rights of a third party;
(d) Your use or misuse of the Tokens or Platform;
(e) Any transactions or interactions between you and other users of the Platform;
(f) Your infringement of any intellectual property rights or other rights of any third party;
(g) Any fraud, negligence or willful misconduct committed by you;
(h) Your violation of any applicable laws, regulations, or rules; or
(i) Any unauthorized use or distribution of the Tokens.
The Company reserves the right to terminate or suspend your access to the Platform or your account at any time, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.
Upon termination, your right to access and use the Platform or your account will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive termination, including but not limited to ownership provisions, warranty disclaimers, limitations of liability, and indemnification obligations.
Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the province of British Columbia, Canada.
Any dispute arising out of or in connection with these Terms, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by arbitration in accordance with the rules of the British Columbia International Commercial Arbitration Centre (BCICAC). The place of arbitration shall be Vancouver, British Columbia, Canada. The language of the arbitration shall be English.
These Terms constitute the entire agreement between you and the Company regarding the Platform or your account, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the same.
If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent permitted by law.
The Company’s failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
You may not assign, transfer, or sublicense any or all of your rights or obligations under these Terms without the Company’s prior written consent. The Company may assign, transfer, or delegate any or all of its rights and obligations under these Terms without your consent.
Any notice or other communication required or permitted to be given under these Terms shall be in writing and shall be deemed to have been duly given and received (a) when personally delivered, (b) three business days after being sent by registered mail, or (c) three business day after being sent by courier service or email, to the address specified by the Company or provided by you during the registration process.
You acknowledge and agree that any breach or violation of these Terms by you may cause irreparable harm to the Company, for which monetary damages would be inadequate, and you consent to the Company obtaining any injunctive or equitable relief that the Company deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies available to the Company at law or in equity.
The headings in these Terms are for convenience only and shall not affect the interpretation of these Terms.
If you have any questions about these Terms, please contact us at email@example.com.
Thank you for reading and accepting these Terms. Enjoy your experience escaping the waking world in LVCIDIA!