Last Updated: November 07th, 2022
The Akshaya Technologies Website is comprised of various Products, Web pages & Software owned and operated by Akshaya Technologies, Inc. d/b/a Akshaya. The Akshaya Technologies Web Site & Software is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Akshaya Technologies Web Site & Software constitutes your agreement to all such terms, conditions, and notices. These Terms of Service (“Terms”) govern your access to and use of the Akshaya website(s), our API’s, and any other software, tools, features, or functionalities provided on or in connection with our services; including without limitation using our services to view, explore, and create NFTs and use our tools, at your own discretion, to connect directly with others to purchase, sell, or transfer NFTs on public blockchains (collectively, the “Service”). “NFT” refers to 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.
or any part of them, or by signing up, you are confirming that you understand and agree to be bound by all terms. If you are accepting the terms on behalf of a company or other legal entity, you represent that you have the legal authority to accept the terms on that entity’s behalf, in which case “you” will mean that entity. Please be advised that failure to possess the proper authority to act on a company’s behalf and/or failure to fully accept all terms & conditions contained herein will result in Akshaya’s refusal to grant usage of smart contracts or the marketplace to the respective user. If at inception the user fails to accept all terms contained herein, access or use the smart contracts and/or the marketplace will be immediately denied.
In order to use the Marketplace, you will first need to install a web browser (ex: Google Chrome web browser) and an electronic wallet compatible with the Non-Fungible Token (NFT) standard on the Ethereum network (ex: MetaMask electronic wallet). MetaMask and other electronic wallets will allow you to purchase (either directly via Coinbase if you are in the United States, or via other third party Marketplaces), store, and engage in transactions using Ethereum cryptocurrency. You will not be able to engage in transactions on the Marketplace without MetaMask, or other Ethereum-compatible browsers. Transactions that take place on the Marketplace are managed and confirmed via the Ethereum blockchain. By agreeing to the terms herein, you are acknowledging that you understand that your Ethereum address will be made publicly visible whenever you engage in a transaction on the Marketplace.
We neither own nor control MetaMask, Coinbase, Google Chrome, the Ethereum network, or any other third party site, product, or service that you might access, visit, or use for the purpose of enabling you to use the various features of the Marketplace. We will not be liable for the acts or omissions of any such third parties, nor will we be liable for any damage that you may suffer as a result of your transactions or any other interaction with any such third parties.
You must provide accurate and complete registration information when you create an account for the Marketplace. By creating an account, you agree to provide accurate, current and complete information about yourself and to maintain and promptly update as necessary your account information. You are responsible for the security of your account and MetaMask wallet (and other Ethereum wallets and accounts). If you become aware of any unauthorized use of your password or of your account with us, you agree to notify us immediately at Security@Akshaya.io.
Akshaya Wallet mean an online service, or a software program supported by the Akshaya.io Platform that allows the users to store the Akshaya.io generated NFTs, make transactions of the Akshaya.io NFTs or track the Akshaya.io NFTs on the Platform
Akshaya.io is not 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:
You are responsible for your private key to access Akshaya Wallet using our highly encrypted password mechanism. Akshaya.io is not responsible for recovering your private key in case you lose it or cannot recover it,
Currently, Akshaya.io does not allow you to migrate your non-Akshaya.io NFT into your Akshaya Wallet. This will be available in future upon notice.
Akshaya wallet can only be used for NFT Drops with zero value and will be enabled in future for Direct Buy and Auctions.
While Akshaya.io attempts to make your access to and use of the Akshaya.io Platform and Akshaya.io Content safe, Akshaya.io does not represent or platform Content, User Content and any Collectibles/NFTs listed on the Akshaya.io Platform that are provided by our partners/marketplace sellers. 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.
Promotions are provided by the partners and Akshaya do not have any responsibility and any questions or enquires regarding the promotions should be directly dealt with the partner and not Akshaya
If you elect to purchase or trade on the Akshaya Marketplace, with, or from other users via the marketplace, any financial transactions you engage in will be conducted solely through the Ethereum network. We will have no insight into or control over payments or transactions nor do we have the ability to reverse transactions. As such, we assume no liability to you or to any third party for claims or damages that may arise as a result of transactions that you engage in via the Marketplace, Smart Contracts, or the Ethereum network.
Ethereum requires the payment of a transaction fee (“Gas Fee”) for every transaction that occurs on the Ethereum network. The Gas Fee funds the network of computers that run the decentralized Ethereum network. This means that you will need to pay a Gas Fee for each transaction that occurs via the Marketplace.
Be advised that you will be solely responsible for paying any and all sales, use, value-added and other taxes, duties, and assessments (except taxes on our net income) now or hereafter claimed or imposed by any governmental authority (collectively, “Taxes”) that are associated with your use of the Marketplace (including, without limitation, any Taxes that may become payable as the result
of your ownership or transfer of your Akshaya). Except for income taxes levied on Akshaya, you agree that you understand the following:
(i) All users shall pay or reimburse Akshaya for all national, federal, state, local or other taxes and assessments of any jurisdiction, including value added taxes and taxes as required by international tax treaties, customs or other import or export taxes and amounts levied in lieu thereof based on charges set, services performed or payments made hereunder as are now or hereafter may be imposed under the authority of any national, state, local or any other taxing jurisdiction; and
(ii) users shall not be entitled to deduct the amount of any such taxes, duties or assessments from payments made to Akshaya pursuant to the Terms.
LICENSE, OWNERSHIP & RESTRICTIONS
For purposes of this Section, the following capitalized terms will have the following meanings:
“Own” means, with respect to an Artifact, an Artifact that you have purchased or otherwise rightfully acquired from a legitimate source, where proof of such purchase is recorded on the relevant blockchain.
“Purchased Artifact” means an Artifact that the user owns.
“Third Party IP” means any third party patent rights (including, without limitation, patent website and disclosures), copyrights, trade secrets, trademarks, know-how or any other intellectual property rights recognized in any country or jurisdiction in the World License to Artifact.
Subject to the user’s continued compliance with the Terms, Akshaya grants use for the following purposes:
(i) Personal, non-commercial use;
(ii) (ii) As part of a marketplace that permits the purchase and sale of the user’s Purchased Artifact, provided that the marketplace cryptographically verifies each Artifact owner’s rights to display the Art for their Purchased Artifact to ensure that only the actual owner can display the Art; or
(iii) as part of a third party website that permits the inclusion, involvement, or participation of a user’s Purchased Artifact, provided that the website cryptographically verifies each Artifact owner’s rights to display the Art for their Purchased Artifact to ensure that only the actual owner can display the Art, and provided that the Art is no longer visible once the owner of the Purchased Artifact leaves the website.
Third Party Sites
Akshaya’s Web Site may contain links to other Web Sites (“Linked Sites”). The Linked Sites are not under the control of Akshaya and Akshaya is not responsible for the content of any Linked
Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Akshaya is not responsible for webcasting or any other form of transmission received from any Linked Site. Akshaya is providing the links to you only as a convenience, and the inclusion of any link does not imply endorsement by Akshaya of the site or any association with its operators.
Subject to the user’s continued compliance with the Terms set forth, Akshaya grants a limited, worldwide, non-exclusive, non-transferable license to use, copy and display the Art for the user’s Purchased Artifact for the purpose of commercializing merchandise that includes, contains, or consists of the Art for Purchased Artifacts (“Commercial Use”), provided that such Commercial Use does not result in the user earning more than One Hundred Thousand Dollars ($100,000) in gross revenue each year. For the sake of clarity, nothing in this Section will be deemed to restrict the user from (i) owning or operating a marketplace that permits the use and sale of Akshaya generally, provided that the marketplace cryptographically verifies each Artifact owner’s rights to display the Art for their Purchased Artifact to ensure that only the actual owner can display the Art; (ii) owning or operating a third party website that permits the inclusion, involvement, or participation of Akshaya generally, provided that the third party website cryptographically verifies each Artifact owner’s rights to display the Art for their Purchased Artifact to ensure that only the actual owner can display the Artifact, and provided that the Artifact is no longer visible once the owner of the Purchased Artifact leaves the Website; or (iii) earning revenue from any of the foregoing, even where such revenue is in excess of $100,000 per year.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of Akshaya’s Website, you warrant to Akshaya that you will not use Akshaya’s Website for any purpose that is unlawful or prohibited by the terms, conditions, and notices herein. You may not use the Akshaya Website in any manner which could damage, disable, overburden, or impair the Akshaya Website or interfere with any other party’s use and enjoyment of the Akshaya Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Akshaya Web Sites.
The user owns the NFT. Each Artifact is a non-fungible token (an “NFT”) on the Ethereum blockchain. The user will own the underlying NFT completely when purchasing an Artifact. This means that you have the right to trade your NFT, sell it, or give it away. Ownership of the NFT is mediated entirely by the Smart Contract and the Ethereum Network: at no point will we seize, freeze, or otherwise modify the ownership of any Artifact.
Akshaya Owns the Marketplace. User acknowledges and agrees that Akshaya owns all legal right, title and interest in and to all other elements of the Marketplace, and all intellectual property rights therein (including, without limitation, all Art, designs, systems, methods, information, computer code, software, services, “look and feel”, organization, compilation of the content, code, data, and
all other elements of the Marketplace (collectively, the “Akshaya Materials”). User acknowledges that the Akshaya Materials are protected by copyright, trade dress, patent, and trademark laws, international conventions, other relevant intellectual property and proprietary rights, and Website laws. All Akshaya Materials are the copyrighted property of Akshaya or its licensors, and all trademarks, service marks, and trade names associated with the Marketplace or otherwise contained in the Akshaya Materials are proprietary to Akshaya or its licensors. Except as expressly set forth herein, your use of the Marketplace does not grant you ownership of or any other rights with respect to any content, code, data, or other Akshaya Materials that you may access on or through the Marketplace. We reserve all rights in and to the Akshaya Materials that are not expressly granted to you in these Terms.
For the sake of clarity, you understand and agree: (a) that your purchase of an Artifact, whether via the Marketplace or otherwise, does not grant any rights or licenses in or to the Akshaya Materials (including, without limitation, our copyright in and to the associated Art) other than those expressly contained in the Terms; (b) that you do not have the right, except as otherwise set forth in the Terms, to reproduce, distribute, or otherwise commercialize any elements of the Akshaya Materials (including, without limitation, any Art) without our prior written consent in each case, which consent we may withhold in our sole and absolute discretion; and (c) that you will not apply for, register, or otherwise use or attempt to use any Akshaya trademarks or service marks, or any similar marks, anywhere in the world without Akshaya’s prior written consent in each case, which consent we may withhold at our sole and absolute discretion.
User agrees that they may not, nor permit any third party to do or attempt to do any of the foregoing without Akshaya’s express prior written consent in each case:
(i) modify the Art for your Purchased Artifact in any way, including, without limitation, the shapes, designs, drawings, attributes, or color schemes (your use of Extensions will not constitute a prohibited modification hereunder);
(ii) use the Art for your Purchased Artifact to advertise, market, or sell any third party product or service;
(iii) use the Art for your Purchased Artifact in connection with images, videos, or other forms of media that depict hatred, intolerance, violence, cruelty, or anything else that could reasonably be found to constitute hate speech or otherwise infringe upon the rights of others;
(iv) use the Artifact for your Purchased Artifact in movies, videos, or any other forms of media, except to the limited extent that such use is expressly permitted in these Terms or solely for your own personal, non-commercial use;
(v) sell, distribute for commercial gain (including, without limitation, giving away in the hopes of eventual commercial gain), or otherwise commercialize merchandise that includes, contains, or consists of the Art for your Purchased Artifact, except as expressly permitted in these Terms;
(vi) attempt to trademark, copyright, or otherwise acquire additional intellectual property rights in or to the Art for your Purchased Artifact; or
(vii) otherwise utilize the Art for your Purchased Artifact for your or any third party’s commercial benefit. To the extent that Art associated with your Purchased Artifact contains Third Party IP (e.g., licensed intellectual property from a celebrity, athlete, or other public figure), you understand and agree as follows: (a) that you will not have the right to use such Third Party IP in any way except as incorporated in the Art, and subject to the license and restrictions contained herein; (b) that the Commercial Use license above will not Apply; (c) that, depending on the nature of the license granted from the owner of the Third Party IP, Akshaya may need to pass through additional restrictions on your ability to use the Art; and (d) to the extent that Akshaya informs you of such additional restrictions in writing (email is permissible), you will be responsible for complying with all such restrictions from the date that you receive the notice, and that failure to do so will be deemed a breach of this license. The restrictions in this Section will survive the expiration or termination of these Terms.
The user may terminate these Terms at any time by canceling the account on the Marketplace and discontinuing use of and access to the Marketplace. You will not receive refunds of any kind if you choose to cancel your account, or otherwise terminate these Terms. Akshaya also reserves the right, in its sole discretion, to terminate your access to Akshaya’s Website and related services or any portion thereof at any time, without notice. In the event of termination or suspension, Akshaya
will not be liable to you or to any third party for any such suspension or termination. If Akshaya terminates these Terms or suspend or terminate your access to or use of the Marketplace due to your breach of the Terms or any suspected fraudulent, abusive, or illegal activity, then termination of the Terms will be in addition to any other remedies we may have at law or in equity. Upon any termination or expiration of these Terms, whether by you or Akshaya, you may no longer have access to information that you have posted on the Marketplace or that is related to your account, and you acknowledge that Akshaya has no obligation to maintain any such information in its
databases or to forward any such information to you or to any third party. This entire section will survive the termination or expiration of all Terms contained herein for any reason.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH AKSHAYA’S WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED. AKSHAYA AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN AKSHAYA’S WEBSITE AT ANY TIME. ADVICE RECEIVED VIA AKSHAYA’S WEBSITE SHOULD NOT BE RELIED UPON FOR PERSONAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOU. AKSHAYA AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON AKSHAYA’S WEBSITE FOR ANY PURPOSE. YOU UNDERSTAND AND AGREE THAT YOUR ACCESS TO AND USE OF THE MARKETPLACE IS AT
YOUR SOLE RISK AND THAT THE MARKETPLACE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AKSHAYA, IT’S SUBSIDIARIES, AFFILIATES, AND LICENSORS MAKE NO EXPRESS WARRANTIES AND HEREBY DISCLAIM ALL IMPLIED WARRANTIES REGARDING THE MARKETPLACE AND ANY PART OF IT (INCLUDING, WITHOUT LIMITATION, THE MARKETPLACE, ANY SMART CONTRACT, OR ANY EXTERNAL WEB MARKETPLACES), INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON
INFRINGEMENT, CORRECTNESS, ACCURACY, OR RELIABILITY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, AKSHAYA, IT’S SUBSIDIARIES, AFFILIATES, AND LICENSORS DO NOT REPRESENT NOR WARRANT TO YOU THAT: (I) YOUR ACCESS TO OR USE OF THE MARKETPLACE WILL MEET YOUR REQUIREMENTS, (II) YOUR ACCESS TO OR USE OF THE MARKETPLACE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (III) USAGE DATA PROVIDED THROUGH THE MARKETPLACE WILL BE ACCURATE, (III) THE MARKETPLACE OR ANY CONTENT, SERVICES, OR FEATURES MADE AVAILABLE ON OR THROUGH THE MARKETPLACE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (IV) THAT ANY DATA THAT YOU DISCLOSE WHEN YOU USE THE MARKETPLACE WILL BE SECURE.
YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE, AND AGREE THAT WE HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY BREACH OF SECURITY UNLESS IT IS DUE TO OUR GROSS NEGLIGENCE.
AKSHAYA WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSSES YOU INCUR AS THE RESULT OF YOUR USE OF THE ETHEREUM NETWORK OR THE METAMASK ELECTRONIC WALLET, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (i) USER ERROR, SUCH AS FORGOTTEN PASSWORDS OR INCORRECTLY CONSTRUED SMART CONTRACTS OR OTHER TRANSACTIONS; (ii) SERVER FAILURE OR DATA LOSS; (iii) CORRUPTED WALLET FILES; OR (iv) UNAUTHORIZED ACCESS OR ACTIVITIES BY THIRD PARTIES, INCLUDING BUT NOT LIMITED TO THE USE OF VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK AGAINST THE MARKETPLACE, ETHEREUM NETWORK, OR THE METAMASK ELECTRONIC WALLET.
AKSHAYA IS NOT RESPONSIBLE FOR LOSSES DUE TO BLOCKCHAINS OR ANY OTHER FEATURES OF THE ETHEREUM NETWORK OR THE METAMASK ELECTRONIC WALLET, INCLUDING BUT NOT LIMITED TO LATE REPORT BY DEVELOPERS OR REPRESENTATIVES (OR NO REPORT AT ALL) OF ANY ISSUES WITH THE BLOCKCHAIN SUPPORTING THE ETHEREUM NETWORK, INCLUDING FORKS, TECHNICAL NODE ISSUES, OR ANY OTHER ISSUES HAVING FUND LOSSES AS A RESULT.
Furthermore, user specifically accepts and acknowledges each of the following:
The prices of blockchain assets are extremely volatile. Fluctuations in the price of other digital assets could materially and adversely affect the value of your Akshaya, which may also be subject to significant price volatility. As such, Akshaya cannot guarantee that purchasers will not lose money.
You are solely responsible for determining what, if any, taxes apply to your Akshaya-related transactions. Akshaya is not responsible for determining the taxes that Apply to your transactions on the Marketplace or the Smart Contracts.
The Marketplace does not store, send, or receive Akshaya. This is because Akshaya exist only by virtue of the ownership record maintained on the Marketplace’s supporting blockchain in the Ethereum network. Any transfer of Akshaya occurs within the supporting blockchain in the Ethereum network, and not on the Marketplace.
There are risks associated with using an Internet-based currency, including, but not limited to, the risk of hardware, software and Internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to information stored within your wallet. You accept and acknowledge that Akshaya will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the Ethereum network, however caused.
A lack of use or public interest in the creation and development of distributed ecosystems could negatively impact the development of the Akshaya ecosystem, and therefore the potential utility or value of Akshaya.
The regulatory regime governing blockchain technologies, cryptocurrencies, and tokens is uncertain, and new regulations or policies may materially adversely affect the development of the Akshaya ecosystem, and therefore the potential utility or value of Akshaya.
Akshaya reserves the right to alter, change, revise, edit and/or delete the terms, conditions, and notices under which Akshaya’s website is offered which includes but is not limited to charges associated with the use of Akshaya’s website and services. When we make changes, we will make the updated Terms available on the Marketplace and update the “Last Updated” date at the beginning of these Terms accordingly. Please check the Terms periodically for changes. Any changes to the Terms will Apply on the date that they are made, and your continued access to or use of the Marketplace after the Terms have been updated will constitute your binding acceptance of the updates. If you do not agree to any revised Terms, you may not access or use the Marketplace.
DISPUTES & PROPER VENUE
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THIS AGREEMENT IS GOVERNED BY THE LAWS OF THE STATE OF GEORGIA AND YOU HEREBY CONSENT TO THE EXCLUSIVE JURISDICTION AND VENUE OF COURTS IN FULTON COUNTY IN THE STATE OF GEORGIA IN ALL DISPUTES ARISING OUT OF OR RELATING TO THE USE OF AKSHAYA’S WEBITES AND SOFTWARE. WITH RESPECT TO ANY DISPUTE ARISING OUT OF OR RELATED TO THESE TERMS, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THE MARKETPLACE, THE SMART CONTRACTS, OR ANY PRODUCTS SOLD OR DISTRIBUTED THROUGH THE MARKETPLACE, OR THE SMART CONTRACTS: (I) YOU HEREBY EXPRESSLY GIVE UP YOUR RIGHT TO HAVE A TRIAL BY JURY; AND (II) YOU HEREBY EXPRESSLY GIVE UP YOUR RIGHT TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS IN ANY LAWSUIT, INCLUDING BUT NOT LIMITED TO CLASS ACTION LAWSUITS INVOLVING ANY SUCH DISPUTE. PLEASE BE ADVISED THAT A PRINTED VERSION OF THIS AGREEMENT AND OF ANY NOTICE GIVEN IN ELECTRONIC FORM SHALL BE ADMISSIBLE IN JUDICIAL OR ADMINISTRATIVE PROCEEDINGS BASED UPON OR RELATING TO THIS AGREEMENT TO THE SAME EXTENT AND SUBJECT TO THE SAME CONDITIONS AS OTHER BUSINESS DOCUMENTS AND RECORDS ORIGINALLY GENERATED AND MAINTAINED IN PRINTED FORM.
GENERAL TERMS AND CONITIONS
These Terms constitute the entire legal agreement between you and Akshaya. You agree to govern your access to and use of the Marketplace, and completely replace any prior or contemporaneous agreements between the parties related to your access to or use of the Marketplace, whether oral or written. There are no third party beneficiaries to these Terms. The parties are independent contractors, and nothing in the Terms create any agency, partnership, or joint venture. The language in these Terms will be interpreted as to its fair meaning, and not strictly for or against any party. You may not assign any of your rights or obligations under these Terms, whether by operation of law or otherwise, without Akshaya’s prior written consent. Akshaya may assign its rights and obligations under the Terms in its sole discretion to an affiliate, or in connection with an acquisition, sale or merger. Should any part of these Terms be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions will remain in full force and effect. Akshaya’s failure to enforce any provision of these Terms will not be deemed a waiver of such provision, nor of the right to enforce such provision(s). Smart contract external auditing is under progress.