Terms and Conditions
Contents
1. Introduction
2. Definitions
3. Eligibility
4. Agorasworld.com NFT Platform Account
5. Changes to the Agorasworld.com NFT Platform
6. Fees and Payments
7. Your Use of the Agorasworld.com NFT Platform and Conduct
8. User Content
9. Sale by Auction (If Applicable)
10. Our Intellectual Property Rights
11. Your Ownership of the NFT
12. Data Protection / Privacy
13. Limitation of Services / Termination / Account Closure
14. Risks
15. Taxes
16. Disclaimers
17. Limitation of Liability
18. Indemnification
19. Amendment and Variation
20. Transfer, Assignment or Delegation
21. Severability
22. Entire Agreement / Translation
23. Waiver
24. Notices and Communications
25. Third Party Rights
26. Governing Law and Jurisdiction
27. Survival
By clicking the "Sign Up" button, completing the account registration process and using the Agorasworld.com NFT Platform, you confirm that you understand and agree to these terms and conditions, together with any documents that may be expressly referred to and are incorporated by reference (together, these "Terms").
These Terms are a legal agreement between you and Agorasworld.com and govern your access to and use of the Agorasworld.com NFT Platform, including any content, functionality, and services offered on or through the Site (as defined below).
The Agorasworld.com NFT Platform is a platform that compliments transactions between buyers and sellers in the buying and selling of NFTs, but Agorasworld.com is not a party to any agreement between the buyer and seller of NFTs or between any users.
Agorasworld.com reserves the right to change or modify these terms at any time and at our sole discretion. You agree and understand that by accessing or using the Agorasworld.com NFT Platform and the Site following any change to these Terms, you are regarded as having agreed to the revised Terms.
In these Terms:
"Account" has the meaning given to it in Clause 4;
"Applicable Law" means any law, rule, statute, subordinate legislation, regulation, by-law order, ordinance, protocol, code, guideline, treaty, policy, notice, direction or judicial, arbitral, administrative, ministerial or departmental judgment, award, decree, treaty, directive, or other requirement or guideline published or in force at any time which applies to or is otherwise intended to govern or regulate any person (including all parties to this Terms), property, transaction, activity, event or other matter, including any rule, order, judgment, directive or other requirement or guideline issued by any governmental or regulatory authority;
"Auction" has the meaning given to it in Clause 11;
"Clause" means each numbered provision or section of these Terms;
"Content" has the meaning given to it in Clause 10;
"Contributor" has the meaning given to it in Clause 8;
"Agorasworld.com" has the meaning given to it above;
" Agorasworld.com NFT Platform" means the NFT platform hosted on the Site, built and provided by Agorasworld.com or its affiliated entity to compliment the transacting and display of NFTs including without limitation the importing, minting of the NFTs.
"NFT" means a unique non-fungible token generated from either: (i) a Sale Item minted on the Agorasworld.com NFT Platform or (ii) a third-party platform or project approved by Agorasworld.com (and at Agorasworld.com absolute discretion) imported to the Agorasworld.com NFT Platform.
"Non-Curated Asset" – A Sale Item and/or NFT not approved by Agorasworld.com and listed on the Agorasworld.com NFT Platform by an unverified user.
"Privacy Notice" means the Agorasworld.com privacy notice accessible at https://Agorasworld.com/privacy/global.
"Redeemable" has the meaning given to it in Clause 12;
"Sale Item" means any audio or visual material, including without limitation designs, drawings, prints, in any form or media, including without limitation videos and photographs, that may be minted as an NFT;
"Sale Item Guidelines" means the Agorasworld.com sale item guidelines accessible at https://Agorasworld.com/nft/sale-item-guidelines;
"Site" means the website https://Agorasworld.com/nft/.
"Terms" has the meaning given to it in Clause 1;
"User Content" has the meaning given to it in Clause 9;
"we/us/our" means Agorasworld.com;
"you/your" means the user of the Agorasworld.com NFT Platform;
Agorasworld.com has sole and absolute discretion to determine access to the Agorasworld.com NFT Platform.
By agreeing to these Terms, you represent and warrant that:
(i) You are at least 18 years of age;
(ii) You have the full right, power, and authority to agree to these Terms;
(iii) You are not subject to any financial sanctions, embargoes or other restrictive measures imposed by the United Nations, European Union, any EU country, UK Treasury or US Office of Foreign Assets Control (OFAC), or any governmental authority in any jurisdiction in which the Agorasworld.com NFT Platform is available;
(iv) You are not a citizen or resident of any of the following countries:
a. Afghanistan
b. Bangladesh
c. Bolivia
d. Burma
e. Burundi
f. Central African Republic
g. China
h. Democratic Republic of Congo
i. Cuba
j. Ecuador
k. Eritrea
l. Guinea
m. Guinea-Bissau
n. Iran
o. Iraq
p. North Korea
q. Kyrgyzstan
r. Lebanon
s. Liberia
t. Libya
u. Mali
v. Namibia
w. Nepal
x. Somalia
y. Sudan
z. Syria
aa. Venezuela
bb. Yemen
cc. Zimbabwe
(v) You are not impersonating any other person;
(vi) You will not use the Agorasworld.com NFT Platform if any Applicable Laws in your country prohibit you from doing so in accordance with these Terms;
(vii) You are compliant with all Applicable Laws to which you are subject;
(viii) You have read, understood and agreed to our Privacy Notice and Cookie Policy.
4. Agorasworld.com NFT Platform Account
You must create an account ("Account") to use the Agorasworld.com NFT Platform. To create an Account, you must provide us with some information about yourself. We may, in our sole discretion, require that you provide further information and/or documents. We may, in our sole discretion, refuse to provide you with access to the Agorasworld.com NFT Platform.
5. Changes to the Agorasworld.com NFT Platform
We may in our absolute and sole discretion change, update, amend, remove, or discontinue any part of the Site and the Content at any time without prior notice to you.
Please refer to engagement letter for further information.
No refunds are permitted on successful minting and advertisement of NFT, as accepted and confirmed by Agorasworld.com in its sole discretion.
7. Your Use of the Agorasworld.com NFT Platform and Conduct
We hereby grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Site and Content. Our grant of such license is subject to the following conditions. You undertake not to (and shall not, knowingly, or otherwise, authorize, allow, or assist any other party to):
(i) Use the Agorasworld.com NFT Platform, Site, or your Account to conduct electronic spamming or otherwise distribute any unsolicited or unauthorized advertising, promotional or marketing material, junk or chain messages;
(ii) Use the Agorasworld.com NFT Platform, Site, or your Account to perform unlawful activities that violate any Applicable Laws (including but not limited to money laundering, terrorism financing and/or fraudulent activities) or immoral activities;
(iii) Use the Agorasworld.com NFT Platform, Site, or your Account to engage in any activity which operates to defraud Agorasworld.com, other users, or any other person, or to provide any false, inaccurate, or misleading information to Agorasworld.com;
(iv) Use the Agorasworld.com NFT Platform, Site, or your Account to upload content that contains or is infected with viruses, malicious codes, Trojan horses, is immoral or illegal or contains any other harmful or deleterious program;
(v) Modify or adapt the whole or any part of the Agorasworld.com NFT Platform and Site or incorporate the Site into any other programmed or application;
(vi) Disassemble, decompile, reverse-engineer or otherwise attempt to derive the source code, object code, underlying concepts, ideas and algorithms of the Site or any components thereof;
(vii) Use the Agorasworld.com NFT Platform, Site, or your Account in any manner that would lead to infringement of our, our Affiliates' or any third party's intellectual property rights, including without limitation any copyright, patent or trademark. You undertake not to take or attempt to take any action or claim ownership of any property that infringes or would infringe upon our intellectual property interests;
(viii) Use the Agorasworld.com NFT Platform, Site, or your Account in a way that could damage, disable, impair or compromise the Site or the provision of the Agorasworld.com NFT Platform or interfere with other users or affect the reputation of Agorasworld.com;
(ix) Take any action to gain or attempt to gain unauthorized access to the account or wallets of other users;
(x) Take any action that imposes an unreasonable or disproportionately large burden or load on the Agorasworld.com infrastructure (including, but without limitation to our servers, networks, data centers and related or like equipment) and detrimentally interfere with, intercept or expropriate any system, data or information belonging to other users of the Agorasworld.com NFT Platform;
(xi) Engage in any other activities deemed inappropriate by us or which is in contravention of these Terms or any Applicable Laws;
(xii) Provide false, inaccurate, incomplete or misleading information to Agorasworld.com or any of its Affiliates or third-party services providers; and/or
(xiii) Use the Agorasworld.com NFT Platform, Site, or your Account to engage in any lottery, bidding fee auctions, contests, sweepstakes, or other games of chance.
The Agorasworld.com NFT Platform allows (i) users to create a profile where they can post information about themselves, display their NFTs, and sell NFTs they own; and (ii) artists or creators of NFTs ("Contributor") to put their NFTs up for sale (which may be via auction ("Auction", please refer to clause 10 for more information) (together the "User Content").
Any information you post on the Site will be considered non-confidential. By providing any User Content on the Site, you grant us and our affiliates and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, retransmit, publish, broadcast, and otherwise disclose to third parties any such material for any purpose. You represent and warrant that (1) you own and control all necessary rights in and to your User Content and have the right to grant such licenses to us and our affiliates and our respective licensees, successors, and assigns; and (2) all of your User Content does and will comply with these Terms and any other third-party terms of use as may apply.
You understand and agree that you are responsible for any User Content you submit or contribute, and you, and not Agorasworld.com, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content, accuracy, or appropriateness of any User Content posted by you or any other user on the Site.
If you are a Contributor, you hereby:
(i) grant Agorasworld.com the right to use your name and image for marketing or promotional purposes;
(ii) agree that we may use or modify images from the NFTs that we create for marketing or promotional purposes;
(iii) agree that we can use your biography and other public information about you to promote the NFTs that we create for you; and
As a User, you agree not to infringe on the intellectual property of others and will not coordinate pricing of any Sale Items and/or NFTs with other Users or third parties.
We reserve the right, in our absolute sole discretion, to prohibit you from displaying, buying or selling any Sale Items and/or NFTs to the Site. We are not required to monitor any User Content, but we may in our sole discretion, remove any User Content at any time and for any reason without notice. Agorasworld.com may monitor the User Content to detect and prevent fraudulent activity or violation of these Terms.
9. Sale by Auction(If Applicable)
You may sell and purchase NFTs through the Auction process. Your participation in the Auction is subject to the rules available on the Agorasworld.com NFT Platform FAQ.
You may only participate in the Auction by linking your digital wallet, which must be a type supported by Agorasworld.com, to your Account.
Agorasworld.com may pause, cancel, or discontinue your Auction transactions at its sole discretion without liability.
Agorasworld.com is not a broker and the services offered by the Agorasworld.com NFT Platform are administrative only. The Agorasworld.com compliments transactions between the buyer and seller in the Auction but is not a party to any agreement between the buyer and the seller of NFT(s) or between any users.
10. Our Intellectual Property Rights
Unless otherwise indicated by us, the User Content, the Site, all content, and other materials contained therein, including, without limitation, the Agorasworld.com logo, and all designs, text graphics, pictures, information, data, software, and files relating to the Agorasworld.com NFT Platform (the "Content") are the proprietary property of Agorasworld.com or our affiliates, licensors, or users, as applicable.
The Agorasworld.com logo and any Agorasworld.com NFT Platform product or service names, logos, or slogans that may appear on the Site or elsewhere are the proprietary property of Agorasworld.com and may not be copied, imitated or used, in whole or in part, without our prior written permission.
Unless otherwise stated, you may not use any Content without our express written permission.
We reserve the right to suspend, limit or terminate any Account that has actually or allegedly infringed upon any person’s intellectual property rights.
Apart from the Content, all other copyrights, trademarks, product names, and logos on the Site relating to and including the NFTs and User Content, 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 right owner (subject to any terms attached to the Sale Item and/or NFT where applicable).
When you buy a Sale Item and/or NFT on the Agorasworld.com NFT Platform, you shall own it and have the right to sell, display or give away the Sale Item and/or NFT. In respect of any NFT associated with a Sale Item, you will have a worldwide, perpetual, exclusive, transferable, royalty-free license to use and display the Sale Item for your NFT, for so long as you own the NFT, solely for the following purposes: (a) for your own personal, non-commercial use; (b) as part of the Agorasworld.com NFT Platform that compliments the purchase, sale and display of your NFT (subject to these Terms and Conditions); (c) as part of a third party website or application that permits the inclusion, involvement, storage, or participation of your NFT.
If you are the eligible owner of an NFT created by a Contributor, depending on the terms of sale of that NFT and as determined by Contributor in its sole discretion, the Contributor may provide you with a digital or physical item (“Redeemable”) upon the Contributor’s receipt of your written request and proof of satisfaction of the Contributor’s terms, including, but not limited to, evidence that you are the eligible buyer of a qualifying NFT. Any Redeemable is provided by the Contributor directly to the relevant eligible NFT owner, and the Redeemable (including, but not limited to, its delivery, correspondence to its description, and condition or quality) is the sole and exclusive responsibility of the Contributor. Agorasworld.com shall have no liability whatsoever with respect to the Redeemable (including, but not limited to, its delivery, correspondence to its description, and condition or quality). Any notices or questions regarding the Redeemable should be sent to the Contributor directly, through contact details as may be provided at the relevant time of purchasing the qualifying NFT.
The Contributor shall have the right to enforce these Terms and any of his or her or its rights hereunder, including through an agent, collective management organization or performance rights organization, against any buyer or subsequent buyer of any Sale Item, provided that any costs and expenses arising from such enforcement shall be borne solely by the Contributor or the Contributor’s agent, collective management organization or performance rights organization, as applicable.
Without limiting the foregoing, if you believe that third-party material hosted by the Agorasworld.com NFT Platform infringes your copyright or trademark rights, please file a notice of infringement by contacting: Abraham@agorasworld.com.
By using the Agorasworld.com NFT Platform, you confirm that you have read and understood our Privacy Notice and understand how we collect, use, disclose and share amongst ourselves your Personal Data and disclose such Personal Data to our authorized service providers and relevant third parties. We will only share your Personal Data in order to facilitate and administer your use of the Agorasworld.com NFT Platform or otherwise if required by law. Such data controller will manage and protect your personal data in accordance with all applicable data protection laws. For full and comprehensive information about when and why we collect personal information about you, how we use it, the conditions under which we may disclose it and how we keep it secure, please refer to our Privacy Notice, which is accessible at https://agorasworld.com /privacy/global.
We reserve the right at any time to satisfy our internal requirement as to your Personal Data (for example, by requesting relevant original documents) including for the purposes of preventing fraud and/or anti-money laundering and counter-terrorist financing purposes.
13. Limitation of Services / Termination / Account Closure
We reserve the right, without notice and in our sole discretion, to terminate or suspend your access to or use of the Site and any Content and/or close your Account, at any time for any reason but in particular, if we suspect in our sole discretion that (i) your Account is being used for illegal activity; (ii) you have concealed or provided false information; (iii) you have engaged in fraudulent activity; and/or (iv) you have engaged in activity in violation of these Terms.
If Agorasworld.com is holding funds in your Account and has no record of your use of the Agorasworld.com NFT Platform for several years, we may be required, upon passage of applicable time periods, to report these funds as unclaimed property in accordance with the abandoned property and escheat laws. If this occurs, we will use reasonable efforts to give you written notice. If you fail to respond within seven business days or the period as required by Applicable Law, we may be required to deliver any such funds to the applicable jurisdiction as unclaimed property. We reserve the right to deduct a reasonable administrative fee from such unclaimed funds, as permitted by Applicable Law.
You understand and agree that your access and use of the Agorasworld.com NFT Platform is subject to certain risks including without limitation:
(i) Price and liquidity of blockchain assets, including the NFTs, are extremely volatile and may be subject to fluctuations;
(ii) Fluctuations in the price of other digital assets could materially and adversely affect the NFTs;
(iii) Legislative and regulatory changes or actions may adversely affect the use, transfer, and value of the NFTs;
(iv) NFTs are not legal tender and are not back by any government;
(v) Transactions involving NFTs may be irreversible, and losses due to fraudulent or accidental transactions may not be recoverable;
(vi) The value of NFTs may be derived from the continued willingness of market participants to exchange fiat currency or digital assets for NFTs, and therefore the value of NFTs is subject to the potential for permanent or total loss of value should the market for NFTs disappear;
(vii) NFTs are subject to the risk of fraud, counterfeiting, cyber-attacks, and other technological difficulties which may prevent access to or use of your NFTs; and
(viii) Withdrawal of an NFT to a decentralized digital asset wallet is at your own risk, and the transfer for any NFT to an incorrect digital asset wallet address will result in the irreversible loss of such NFT.
You understand and agree that you are solely responsible for determining the nature, potential value, suitability, and appropriateness of these risks for yourself. Agorasworld.com does not give any advice or recommendations regarding the NFTs. You understand and agree that you access and use the Agorasworld.com NFT Platform at your own risk. You understand and agree that Agorasworld.com will not be responsible for any communication failures, disruptions, errors, or distortions you may experience when using the NFTs or the Agorasworld.com NFT Platform.
You agree that you are solely responsible for determining what, if any, taxes apply to your NFT transactions on the NFT Agorasworld.com Platform. Neither Agorasworld.com nor any other Agorasworld.com affiliated entity is responsible for determining the taxes that may apply to your NFT transactions.
Contributors may engage in promotion of their respective User Content, including without limitation their Sale Items, through various communications channels such as their social media accounts. Agorasworld.com is not responsible for any such communications and/or promotional activities (including, but not limited to, any Redeemable offered to eligible NFT owners) carried out by the Contributors and will not be liable to you in relation to any such communications and/or promotional activities.
You bear full responsibility for verifying the identity, legitimacy, and authenticity of assets you purchase on Agorasworld.com NFT Platform. Notwithstanding indicators and messages that suggest verification, Agorasworld.com makes no claims about the identity, legitimacy, or authenticity of assets on the Agorasworld.com NFT Platform.
Except as expressly provided to the contrary in writing by Agorasworld.com, the Site, content contained therein, and the NFTs listed therein are provided on an “as is” and “as available” basis without warranties or conditions of any kind, either express or implied. Agorasworld.com (and its suppliers) make no warranty that the Site will (1) meet your requirements; (2) be available on an uninterrupted, timely, secure, or error-free basis; or (3) be accurate, reliable, complete, legal, or safe.
Agorasworld.com will not be liable for any loss of any kind from any action taken or taken in reliance on material or information contained on the Site. Agorasworld.com does not represent or warrant that any content on the Site is accurate, complete, reliable, current, or error-free.
While Agorasworld.com attempts to make your access to and use of the Site and content safe, Agorasworld.com does not represent or warrant that the Site, content, any NFTs listed on the Site or any other part of the Site or Agorasworld.com NFT Platform are free of viruses or other harmful components. We cannot guarantee the security of any data that you disclose online. You acknowledge and accept the inherent security risks of providing information and dealing online over the Internet. We will not be responsible for any breach of security unless it is due to our gross negligence.
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 the NFTs including but not limited to, any losses, damages, or claims arising from: (1) user error such as if you forget your password(s), incorrect transactions, or mistyped addresses; (2) server failure or data loss; (3) corrupted wallet files; (4) loss of NFTs.
TO THE FULLEST EXTENT PROVIDED BY LAW, AGORASWORLD.COM HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SITE AND CONTENT CONTAINED THEREIN, AND ANY REDEEMABLE PROVIDED BY ANY CONTRIBUTOR. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL AGORASWORLD.COM BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM THESE TERMS, THE SITE, PRODUCTS OR THIRD PARTY SITES AND PRODUCTS, OR FOR ANY DAMAGES RELATED TO LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE AND EVEN IF AGORASWORLD.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF THE SITE, 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 LOSS OF DATA RESULTING THEREFROM. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF AGORASWORLD.COM ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS, THE ACCESS AND USE OF THE SITE, CONTENT NFTS OR ANY PRODUCT OR SERVICES PURCHASES ON THE SITE EXCEED US$100. THE FOREGOING LIMITATIONS OF LIABILITY SHALL NOT APPLY TO LIABILITY OF AGORASWORLD.COM FOR PERSONAL INJURY CAUSED BY AGORASWORLD.COM’S NEGLIGENCE OR ANY INJURY CAUSED BY AGORASWORLD.COM FRAUD OR FRAUDULENT MISREPRESENTATION.
To the fullest extent permitted by Applicable Law, you agree to indemnify, defend and hold harmless Agorasworld.com and our past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively the “Agorasworld.com Parties”), from and against all actual or alleged third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (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 Site, Content or NFTs, (b) your breach of these Terms, and (c) your breach or violation of the rights of a third party, including another user or third party service provider. You agree to promptly notify Agorasworld.com of any third-party Claims and cooperate with the Agorasworld.com Parties in defending such Claims. You further agree that the Agorasworld.com Parties shall have control of the defense or settlement of any third-party Claims.
THIS INDEMNITY IS IN ADDITION TO, AND NOT IN LIEU OF, ANY OTHER INDEMNITIES THAT MAY BE SET FORTH IN A WRITTEN AGREEMENT BETWEEN YOU AND AGORASWORLD.COM.
These Terms may from time to time be updated or amended. We will post any such updates on the Site. Such updated Terms as posted will take effect immediately unless otherwise indicated. You should regularly check the Site to inform yourself of any such changes. In addition, we may at any time change, add or remove any feature or functionality of the Site without prior notice. By continuing to use the Agorasworld.com NFT Platform and/or the Site after any such changes have taken effect, you are indicating your acceptance of the updated or amended Terms as well as your acceptance of the updated Site. If you do not wish to be bound by any changes or amendments to these Terms then you should stop using the Agorasworld.com NFT Platform and Site immediately.
20. Transfer, Assignment or Delegation
These Terms, and any rights and obligations and licences granted hereunder, are limited, revocable, non-exclusive and personal to you and therefore may not be transferred, assigned or delegated by you to any third-party without our written consent, but may be transferred, assigned or delegated by us without notice and restriction, including without limitation to any of the entities within the Agorasworld.com group, or to any successor in interest of any business associated with the Agorasworld.com NFT Platform. Any attempted transfer or assignment in violation hereof shall be null and void.
If any provision of these Terms shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, the invalidity or unenforceability of such provision shall not affect the other provisions of these Terms and all provisions not affected by such invalidity or unenforceability shall remain in full force and effect. Such provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any Applicable Laws.
22. Entire Agreement / Translation
These Terms constitute the entire agreement between the parties regarding its subject matter and supersedes and invalidates all other prior representations, arrangements, understandings, and agreements relating to the same subject matter, (whether oral or in writing, express or implied). Each party acknowledges that in agreeing to these Terms it does not rely on any statement, representation, warranty, or understanding other than those expressly set out in these Terms.
These Terms are concluded in the English language and all communications including any notices or information being transmitted shall be in English. In the event that these Terms or any part of it is translated (for any proceedings, for your convenience or otherwise) into any other language, the English language text of these Terms shall prevail.
These Terms shall not be waived in whole or in part except where agreed by the parties in writing.
The delay of enforcement or the non-enforcement of any of the terms of these Terms by any party shall not be construed as a waiver of any of the other rights of that party arising out of the breach or any subsequent breach of any of these Terms and no right, power or remedy conferred upon or reserved for any party in these Terms is exclusive of any other right, power or remedy available to that party and each such right, power or remedy shall be cumulative.
24. Notices and Communications
By using the Agorasworld.com NFT Platform, you agree that we may provide you with notices or other communications, including marketing, relating to your use of the Agorasworld.com NFT Platform electronically: (a) via email (in each case to the address that you provide), SMS message, or telephone call (in each case to the phone number that you provide), or (b) by posting to the Site. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted. You will always be given the option to unsubscribe from receiving any marketing material from us.
Notices to us should be sent electronically to Agorasworld@Agorasworld.com .
Other than the entities within the Agorasworld.com group, a person who is not a party to these Terms has no right to enforce any of these Terms.
26. Governing Law and Jurisdiction
These Terms are this Agreement shall be governed by and construed in accordance with the laws of the State of Florida without regard to any choice or conflict of laws rules. Any dispute, controversy, or claim, whether contractual or non-contractual, arising out of or in connection with these Terms, or the breach, termination, or invalidity thereof, or any other issue which shall arise in virtue of these Terms, shall be referred to and finally settled by arbitration administered by the American Arbitration Association Administered Arbitration Rules in force when the Notice of Arbitration is submitted. The law of this arbitration clause shall be Miami-Dade Law. The seat of arbitration shall be in Miami-Dade. The number of arbitrators shall be one. The arbitration proceedings shall be conducted in the English language.
You agree and understand that all provisions of these Terms of Use shall survive the termination or expiration of these Terms of Use