Agnes AI Terms and Conditions

INTRODUCTION

Welcome to ENO NETWORK (“we,” “us”, or “our”). These Terms of Service (“Terms”) govern your access to and use of our website in connection with our services; including without limitation using our services to view, explore, help display and create NFTs, and using our tools, at your own discretion, to purchase, sell or mint NFTs through blockchain (collectively, the “Service”). “NFT” in these Terms means a non-fungible token or similar digital item implemented on a blockchain (such as the Ethereum blockchain), which uses smart contracts to link to or otherwise be associated with certain content or data.

For the purposes of these Terms, the terms "user," "you," and "your" refer to the individual utilizing the Service. If you are using the Service on behalf of a business or other entity, then "you" applies to both you and the entity, and you affirm and guarantee that (a) you are an authorized representative of the entity with the authority to bind the entity to these Terms, and (b) you agree to these Terms on behalf of the entity.

BY CLICKING TO ACCEPT, SIGN, OR BY USING OUR SERVICE, YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS AND ALL TERMS REFERENCED HEREIN. IF YOU DO NOT AGREE WITH THESE TERMS, YOU MUST NOT ACCESS OR USE THE SERVICE.

Please note that ENO NETWORK is not a wallet provider, exchange, broker, dealer, financial institution, payment processor, money service business, or lender. ENO NETWORK offers a peer-to-peer web3 platform that enables users to discover and directly engage with one another with the NFTs that are available through the platform. ENO NETWORK neither has custody nor control over the NFTs or blockchains with which you interact, nor does it facilitate or execute the purchases, transfers, or sales of NFTs. To use our Service, you will need a third-party wallet that allows you to conduct transactions on blockchain.

ENO NETWORK is not a party to any agreements between users. You are solely responsible for verifying the identity, legitimacy, and authenticity of NFTs you purchase from third-parties through the Service. We make no claims, guarantees, or endorsements regarding the identity, legitimacy, functionality, or authenticity of users or NFTs (or any associated content) that are visible on the Service.

Due to the expanding nature of our services, it is sometimes necessary to introduce additional terms for specific offerings (which are considered part of the "Service" and will also be governed by these Terms). These additional terms, provided alongside the respective services, will become part of your agreement with us should you choose to use those services. In cases where there is a discrepancy between these Terms and any additional terms applicable to a particular service, the additional terms shall apply for that service.

ENO NETWORK reserves the right to amend or modify these Terms at any time and at its sole discretion. Should we make significant changes to these Terms, we will make reasonable efforts to notify you of such changes, for example, by posting a notice within the Service or updating the "Last Updated" date at the beginning of these Terms. By continuing to access or use the Service, you acknowledge and accept the revised Terms and all referenced provisions as of the effective date of the update. It is solely your responsibility to periodically review the Terms to stay informed of any changes and to understand the terms and conditions applicable when using the Service.

ACCESS TO THE SERVICES

To access the Service, your blockchain address functions as your identity, consistent with much of the web3 environment. Therefore, you will need a blockchain address and a third-party wallet to use the Service. Your account on the Service (referred to as your "Account") will be linked to your blockchain address.

Your ENO NETWORK Account will be connected to your associated blockchain address and display any NFTs tied to that address, along with any related content. By utilizing your wallet in conjunction with the Service, you acknowledge that you are doing so under the terms and conditions of the wallet provider. ENO NETWORK does not operate, maintain, or have any affiliation with wallets, and we do not hold or control the contents of your wallet. Additionally, ENO NETWORK has no ability to retrieve or transfer the contents of your wallet. We accept no responsibility or liability in connection with your use of a wallet, and we make no guarantees about how the Service will function with any particular wallet. You are solely responsible for ensuring the security of your wallet, and you should never share your wallet credentials or seed phrase with anyone. If you encounter any issues with your wallet, you should contact your wallet provider directly. Similarly, you are fully responsible for your Account and any associated wallet. ENO NETWORK is not liable for any actions or omissions related to your Account or any issues arising from the compromise of your Account or wallet. If you identify or suspect any security-related issues involving the Service or your Account, you agree to notify us immediately.

You further represent and warrant that you will adhere to all applicable laws when using the Service. In certain cases, ENO NETWORK may be required to restrict, suspend, or terminate your access to the Service to ensure the safety of users and the platform. You acknowledge that ENO NETWORK is under no obligation to disclose the reasons behind such actions.

Without limitation, you represent and warrant that your access and use of the Service complies with the laws applicable to your country, territory, or jurisdiction, and remain solely responsible for not complying with such regulations.

ENO NETWORK may request additional information and documents from you in specific situations, such as requests from government authorities, legal or regulatory requirements, providing a requested service, or investigating a potential violation of these Terms. In such cases, ENO NETWORK may, at its sole discretion, disable your Account and block access to the Service until the requested information or documents are reviewed. Failure to provide complete and accurate information may result in the denial of restored access to the Service.

Your access to the Service may be interrupted for several reasons, including but not limited to equipment failure, periodic updates, maintenance, repairs, geographic restrictions, potential violations of these Terms, or any other actions ENO NETWORK deems necessary. ENO NETWORK also reserves the right, at its sole discretion, to disable your Account or reassign your username or associated URL.

We require all users of our platform to be at least 18 years of age.

OWNERSHIP

The Service, including its overall appearance and structure (such as text, graphics, images, logos, page headers, button icons, URLs, and scripts), proprietary content, data, and other materials, as well as all content and materials contained within, including but not limited to the ENO NETWORK logo, designs, text, graphics, images, software, sound files, and the arrangement thereof, is the exclusive property of ENO NETWORK or its affiliates, licensors, or users, as applicable. You agree to refrain from engaging in any actions that conflict with these ownership rights. ENO NETWORK, along with its affiliates, licensors, and users, where applicable, reserves all rights associated with the Service and its content, including, without limitation, the sole right to create derivative works.

The ENO NETWORK name, logo, trademarks, and any product or service names, designs, logos, and slogans associated with ENO NETWORK are the intellectual property of ENO NETWORK or its affiliates or licensors, and cannot be copied, imitated, or used in whole or in part without prior written consent in each case. Additionally, you are prohibited from using metatags or any other "hidden text" that incorporates "ENO NETWORK " or any other name, trademark, product, or service name of ENO NETWORK or its affiliates or licensors without prior written approval. Furthermore, the "look and feel" of the Service is a service mark, trademark, or trade dress of ENO NETWORK and may not be copied, imitated, or used, in whole or in part, without prior written permission.

All other trademarks, registered trademarks, and product names from third parties mentioned in the Service or linked to NFTs displayed on the Service are the property of their respective owners and cannot be copied, imitated, or used in whole or in part without permission from the relevant intellectual property rights holders. Any reference to products, services, processes, or other information by name, trademark, manufacturer, or supplier does not imply endorsement, sponsorship, or recommendation by ENO NETWORK.

ENO NETWORK does not hold ownership, custody, or control over NFTs or the smart contracts deployed by third parties. The creators of these NFTs or smart contracts bear sole responsibility for their operation and functionality.

LICENSE TO ACCESS AND USE OUR SERVICE AND CONTENT

You are hereby granted a limited, non-exclusive, non-transferable, non-sublicensable, and personal license to access and use the Service, subject to your compliance with these Terms. In cases where software, content, or other materials owned, controlled, or licensed by us are made available or distributed to you as part of your use of the Service, we grant you a non-commercial, personal, non-assignable, non-sublicensable, non-transferable, and non-exclusive license to access and display such software, content, and materials provided as part of the Service. Your license to any content linked to or associated with NFTs is subject solely to the terms established by the applicable seller or creator of the NFT.

THIRD PARTY CONTENT, AGREEMENTS, AND SERVICES

As a peer-to-peer web3 platform, ENO NETWORK facilitates your exploration of NFTs created by third parties and interaction with various blockchains. ENO NETWORK does not make any guarantees or representations regarding third-party content available through our Service, including any content linked to NFTs displayed on the platform. It is your responsibility to verify the authenticity, legality, and legitimacy of NFTs purchased from third-party sellers. Furthermore, we cannot ensure that NFTs visible on ENO NETWORK will always remain accessible or available for purchase, sale, or transfer. Users are fully responsible for all content associated with their NFTs.

These Terms apply solely to your use of our Service. NFTs exist on public blockchains and may be bought, sold, or transferred directly between buyers, sellers, and/or creators outside of our Service and without accepting our Terms. Any terms and conditions relating to the NFTs themselves, including the use of NFT content and associated rights and obligations, may be established directly between buyers, sellers, and/or creators (“NFT Terms”). ENO NETWORK does not dictate these NFT Terms and is not a party to them; they are solely between the buyer, seller, and/or creator. It is the responsibility of these parties to communicate, agree upon, and enforce such NFT Terms, and you are accountable for reviewing them.

Sellers hold the sole responsibility for setting the price of an NFT, including any applicable taxes, as well as for managing mint counts and minting mechanics for NFTs they sell.

ENO NETWORK may charge certain fees for its services. However, ENO NETWORK does not determine, collect, or control other fees, costs, or expenses related to NFT transactions, such as creator royalties, gas fees, or transaction costs. These are paid directly to third parties like sellers, creators, payment processors, or blockchain validators. Since these fees are not collected by ENO NETWORK, refunds for such costs cannot be provided by ENO NETWORK.

The Service may also include links or functionality to access third-party websites ("Third-Party Websites") or applications ("Third-Party Applications"), or it may display content, data, services, or materials from third parties ("Third-Party Materials"). When you access or use these Third-Party Websites or Applications, you are subject to the terms and conditions (including privacy notices) of those third parties, and ENO NETWORK may not notify you when you leave our platform. ENO NETWORK does not control Third-Party Websites, Applications, or Materials, and cannot be held responsible for them. We provide links to Third-Party Websites and Applications for your convenience but do not review, approve, monitor, endorse, or make any representations about them or their associated products and services. Your use of Third-Party Websites, Applications, and Materials is at your own risk.

USER CONDUCT

At ENO NETWORK, openness is a core value, and we are committed to offering individuals from diverse backgrounds and experience levels with web3 a broad perspective into various blockchains. However, in order to safeguard our community and fulfill legal obligations, we reserve the right to take action, with or without prior notice, if we determine, at our sole discretion, that you have breached these Terms or are utilizing our Service for illegal activities. Such actions may include restricting access to certain NFTs, limiting or disabling your ability to use parts of the Service, and/or other measures.

You agree not to violate any laws, contracts, intellectual property, or third-party rights and acknowledge that you alone are responsible for your behavior and content in connection with the Service. Additionally, you agree not to engage in the following prohibited actions:

  1. Using the Service in a manner that could damage, overload, or impair its functioning, including through the dissemination of software or by interacting with APIs;

  2. Circumventing or disregarding access restrictions to the Service, including bypassing rate-limiting systems or disguising traffic origins;

  3. Using the Service with funds or wallets associated with unlawful activities;

  4. Interfering with other users' enjoyment of the Service;

  5. Accessing the Service via a different blockchain address if any of your other addresses have been restricted, without written permission from us;

  6. Distributing spam, including sending unwanted NFTs to others;

  7. Attempting to use another user’s account without their permission;

  8. Impersonating another individual or entity, or conducting a transaction using a wallet that is wholly or partially owned or controlled by someone else;

  9. Engaging in price manipulation, fraud, or other deceptive or manipulative practices;

  10. Buying, selling, or transferring stolen, fraudulently obtained, or unauthorized items;

  11. Infringing on the intellectual property rights or other rights of third parties;

  12. Using the Service for or in connection with any individual or entity subject to sanctions, or located in jurisdictions under embargo, without the proper authorizations;

  13. Creating or promoting NFTs that encourage violence, hate speech, suicide, or doxing;

  14. Utilizing the Service for commercial purposes not in alignment with these Terms or any other instructions;

  15. Employing unauthorized automated tools like data mining, robots, spiders, or scrapers to access the Service, extract data, or interfere with page rendering;

  16. Engaging in money laundering, terrorist financing, or other illegal financial activities through the Service;

  17. Reverse engineering, duplicating, decompiling, or otherwise attempting to discover the source code or circumvent security measures of the Service;

  18. Using the Service or data for any advertising or direct marketing activities (e.g., email, SMS, telemarketing);

  19. Using the Service, including APIs, in ways inconsistent with our developer policies;

  20. Using the Service for any illegal or unauthorized purposes, including promoting content involving child exploitation or other unlawful activities;

  21. Utilizing the Service for commercial purposes not in alignment with these Terms or any other instructions;

  22. Conducting financial activities subject to registration or licensing (e.g., creating, selling, or buying securities, commodities);

  23. Using the Service to create, sell, or purchase NFTs tied to securities, commodities, or other financial instruments;

  24. Engaging in price manipulation, fraud, or other deceptive or manipulative practices;

  25. Creating or displaying content that promotes illegal activities, including child exploitation.

Lastly, by using the Service, you acknowledge the importance of conducting your own research (DYOR). You are solely responsible for verifying the authenticity, legitimacy, and identity of any NFT, collection, or account you engage with on the Service. We do not make any claims, guarantees, or endorsements regarding the authenticity, legitimacy, or identity of any such items on ENO NETWORK.

INTELLECTUAL PROPERTY RIGHTS

You are fully responsible for your use of the Service and any information you provide, including ensuring compliance with applicable laws, regulations, and these Terms, including the User Conduct guidelines detailed above.

By using the Service in connection with the creation, submission, posting, promotion, or display of content, or by following ENO NETWORK’s metadata standards in your metadata API responses, you grant us a global, non-exclusive, sublicensable, royalty-free license to use, copy, modify, and display any content you provide. This includes, but is not limited to, text, images, materials, files, communications, feedback, suggestions, ideas, concepts, questions, or data, as well as any digital files, art, or materials linked to or associated with NFTs that appear on the Service. This license is granted for our current and future business purposes, including the provision, promotion, and improvement of the Service.

ENO NETWORK does not claim ownership of any content you submit, post, or display through the Service. We are not asserting ownership, but we reserve the right to use and showcase such content in various ways.

You represent and warrant that you have obtained all the necessary rights, licenses, consents, permissions, or authority required to grant the rights mentioned here for any content you create, submit, post, promote, or display on or through the Service.

You are solely responsible for the content and metadata associated with the NFTs and digital items you create. You affirm that this content does not infringe upon any copyrights, trademarks, publicity rights, or other intellectual property rights unless you have obtained the necessary permissions. Furthermore, you guarantee that the content does not violate any applicable laws.

COMMUNICATION PREFERENCES

By creating an Account, you consent to receive electronic communications from ENO NETWORK (such as emails, push notifications, text messages, or other types of messaging). These communications may include notices related to your Account (e.g., transactional details) and are part of your relationship with us. We may also send you promotional communications via email that we believe may interest you. You understand that providing this consent is not a prerequisite for using the Service, and you can opt out of receiving such communications, except for essential service announcements and administrative messages.

INDEMNIFICATION

By agreeing to these Terms and using the Service, you agree, to the fullest extent allowed by law, to indemnify, defend, and hold harmless ENO NETWORK and its 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 (collectively, the “ENO NETWORK Parties”), from any and all actual or alleged claims, damages, awards, judgments, liabilities, obligations, taxes, penalties, interest, fees, expenses (including legal fees), and costs of any kind (collectively, “Claims”), including property damage or personal injury, arising from or related to: (a) your use or misuse of the Service, content, NFTs, or content linked to or associated with NFTs; (b) any feedback or suggestions you provide; (c) your violation of these Terms or applicable law; (d) your violation of third-party rights, including other users or third parties; and (e) your negligence or willful misconduct. You agree to notify ENO NETWORK promptly of any such Claims and cooperate with the ENO NETWORK Parties in defending against them. ENO NETWORK reserves the right to control the defense or settlement of any Claims. This indemnification is in addition to any other indemnities you may have agreed to in a written agreement with ENO NETWORK.

DISCLAIMERS

Your access to and use of the Service is entirely at your own risk. You acknowledge and agree that the Service is provided "as is" and "as available," and ENO NETWORK explicitly disclaims any warranties or conditions of any kind, whether express or implied. ENO NETWORK (and its suppliers) make no representations or guarantees and assume no responsibility for whether the Service: (a) will meet your expectations or needs; (b) will be accessible without interruptions, on time, securely, or without errors; or (c) will be accurate, reliable, complete, lawful, or safe. ENO NETWORK disclaims all other warranties, both express and implied, including but not limited to, implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement. ENO NETWORK will not be held responsible for any loss resulting from reliance on information or materials available through the Service. While ENO NETWORK endeavors to ensure safe access to the Service, it cannot and does not represent or guarantee that the Service, its content, NFTs, or related content are free from viruses or harmful components. ENO NETWORK cannot guarantee the security of any information you disclose online. No advice or information, whether oral or written, obtained from ENO NETWORK or through the Service, will create any warranty not explicitly outlined in these Terms. You acknowledge the inherent risks of conducting transactions and sharing information online and agree not to hold ENO NETWORK liable for any security breaches. ENO NETWORK shall not be held liable for any loss or damage to your NFTs, content, or linked data, including but not limited to losses or claims arising from: (a) user errors, such as mistyped addresses or faulty transactions; (b) server failures or data loss; (c) unauthorized access or use; or (d) malicious third-party activities, including viruses or attacks.

NFTs only exist based on their ownership records within the relevant blockchain (e.g., Ethereum). Transfers and sales occur solely on these blockchains. ENO NETWORK cannot control or ensure the transfer of title or rights associated with NFTs or their underlying content.

No ENO NETWORK Party will be responsible for any losses or damage due to vulnerabilities, software malfunctions (e.g., wallets, smart contracts), or any blockchain-related failures. ENO NETWORK is not responsible for any losses or injuries due to late or absent reports by developers regarding blockchain issues, including forks or node failures.

ASSUMPTION OF RISK

By using the Service, you acknowledge and accept the following risks:

The value of an NFT is subjective. Prices are volatile, and fluctuations in cryptocurrency values may significantly impact NFT prices. You accept these risks and understand you may lose money.

You are responsible for all fees incurred from blockchain actions when using the Service, even if a transaction is unsuccessful. These fees are final and non-refundable.

Limited use or lack of public interest in decentralized ecosystems could negatively impact their development, potentially diminishing the utility of NFTs.

Blockchain technologies, NFTs, and cryptocurrencies face an uncertain regulatory environment. New laws or policies could adversely impact the Service and the utility of NFTs.

You are solely responsible for determining any tax obligations resulting from your transactions and for reporting and paying any applicable taxes. ENO NETWORK does not handle tax-related matters for NFTs or their transactions.

Purchasing items associated with third-party content through peer-to-peer transactions carries risks, such as counterfeit items, mislabeled content, or items that may become untransferable. You agree that you have conducted sufficient research before engaging in any NFT-related transactions.

ENO NETWORK does not control third-party smart contracts and offers no guarantees about their functionality.

ENO NETWORK has no control over public blockchains or the smart contracts and protocols used for transactions. Blockchain transactions are irreversible, and ENO NETWORK cannot reverse them.

There are inherent risks when using internet and blockchain-based products, including risks from hardware, software, internet connections, malware, and unauthorized access to your wallet or account. ENO NETWORK is not liable for any communication failures or disruptions related to your use of the Service or blockchain networks.

The Service relies on third-party platforms and vendors. If ENO NETWORK loses access to these platforms or faces unfavorable changes in their terms, your access to the Service may be negatively affected.

ENO NETWORK reserves the right to hide collections, contracts, or items affected by these or other issues. Items you purchase may become inaccessible through ENO NETWORK. The inability to view or use items on ENO NETWORK does not entitle you to make a claim against ENO NETWORK.

If you have a dispute with another user, you release ENO NETWORK from any related claims, demands, or damages. By agreeing to this release, you expressly waive any legal protections that may otherwise limit the scope of this waiver, including claims you may be unaware of at the time of agreeing to this release.

LIMITATION OF LIABILITY

To the maximum extent allowed by law, you agree that under no circumstances shall ENO NETWORK or its service providers be liable to you or any third party for: (A) any lost profits or indirect, consequential, exemplary, incidental, special, or punitive damages resulting from these Terms or the use of the Service, products, or third-party sites and products, including any damages related to the loss of revenue, profits, business opportunities, anticipated savings, goodwill, or data, whether arising from strict liability, tort (including negligence), breach of contract, or otherwise, even if foreseeable and even if ENO NETWORK or its service providers have been informed of the possibility of such damages; or (B) any other claim, demand, or damages arising from or in connection with these Terms, or the delivery, use, or performance of the Service. Accessing and using the Service, products, or third-party sites and products is done at your own risk, and you are solely responsible for any damage to your computer system, mobile device, or data loss that may result.

Notwithstanding any provision to the contrary, ENO NETWORK’s total aggregate liability arising from or related to these Terms, your use of the Service, content, NFTs, or any ENO NETWORK products or services, shall not exceed the greater of: (A) $100, or (B) the amount ENO NETWORK received for its services directly related to the items in dispute. The aforementioned limitations will apply even if the stated remedy fails its essential purpose.

Some jurisdictions do not allow for the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you. Certain jurisdictions also limit the disclaimer or limitation of liability for personal injuries, so this limitation may not apply to personal injury claims.

DATA PROTECTION

Please review our Privacy Notice for details regarding how we collect, use, and share information related to you (“Personal Data”). By submitting Personal Data through our Service, you agree to the terms of our Privacy Notice and expressly consent to the collection, use, and disclosure of Personal Data in accordance with the Privacy Notice.

MODIFICATIONS TO THE SERVICE

We reserve the right to modify, suspend, or discontinue the Service (or any features or parts of it) at our sole discretion, at any time, and without liability to you.

TERMINATION

If you breach these Terms, all licenses granted by ENO NETWORK will terminate automatically. ENO NETWORK reserves the right to suspend, restrict, or terminate your access to the Service at any time without liability, and you will not be entitled to any refund for payments already made.

SEVERABILITY

If any provision of these Terms is found invalid, the rest of the Terms will continue to apply.

INJUNCTIVE RELIEF

A breach of these Terms may cause irreparable harm, and ENO NETWORK may seek injunctive relief without needing to post bond or prove damages.

SURVIVAL

Any sections that logically should survive termination of these Terms will continue to apply after termination.

MISCELLANEOUS

These Terms constitute the entire agreement between you and ENO NETWORK. They may not be transferred by you without ENO NETWORK’s written consent. Foreign users are responsible for complying with local laws. These Terms are not intended to confer rights on third parties.

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