Terms Of Use
Welcome to Itheum’s Data DEX! An open and public platform that enables you to have greater control and transferability of your data with anyone by using the blockchain technology. The Data DEX service is available for public access at https://datadex.itheum.io
Disclaimer
Please read this disclaimer carefully. It provides important information and warnings about the risks associated with the use of Web3 technologies, including but not limited to non-fungible tokens (NFTs), cryptocurrencies, and blockchain technology.
General Risks: The Itheum platform and its associated Data NFT marketplace are provided “as is”. Users acknowledge that their use of the platform and any transactions they engage in are at their own risk. This includes risks associated with the use of the internet and digital assets in general, such as hardware, software, and internet connection malfunctions, the risk of malicious software, and the volatility of crypto-asset prices.
Risk of Loss: The value of cryptocurrencies can be extremely volatile and unpredictable. You should only invest money that you can afford to lose.
Risks Related to Data NFTs: Users acknowledge that dealing with Data NFTs involves specific risks. These include the risk that the data contained in a Data NFT may lose value or utility, may have no value or utility, or may change in value or utility. Users are solely responsible for conducting their own due diligence and research into the data contained in any Data NFT they consider purchasing.
Risks Related to Intellectual Property: Users acknowledge that the purchase of a Data NFT does not confer any intellectual property rights in the data contained in the NFT, unless such rights are expressly included in the terms of the NFT sale. Users also acknowledge that they are solely responsible for ensuring they do not infringe any third-party intellectual property rights when using the Itheum platform and its Data NFT marketplace.
Risks Related to User Content: Users acknowledge that they are solely responsible for any content they post or upload to the Itheum platform, and that they may be held legally responsible if their content infringes the rights of others or is otherwise unlawful.
Risks Related to Infringement Notices: Users acknowledge that Itheum provides a process for reporting suspected infringement of intellectual property rights, but does not guarantee that it will be able to resolve all such reports to the satisfaction of the reporting user.
Risks Related to Warranties and Indemnities: Users acknowledge that Itheum provides certain warranties and indemnities in relation to the use of its platform and Data NFT marketplace, but these are limited in scope and do not cover all potential losses or damages that a user may suffer. By using the Itheum platform and its Data NFT marketplace, users agree to accept these risks and to indemnify Itheum against any claims, damages, losses, or costs arising from their use of the platform and marketplace.
Technological Risks: Web3 technologies are subject to a variety of technological risks, including but not limited to cyber attacks, software vulnerabilities, and issues with internet connectivity.
Regulatory Risks: The regulatory environment for Web3 technologies is evolving. Changes in laws or the interpretation thereof, could adversely affect the use, transfer, and value of cryptocurrencies.
Legal Compliance: You are responsible for complying with all applicable laws and regulations, including but not limited to tax laws and regulations, in relation to your use of Web3 technologies.
Data Protection: Any personal data you provide in connection with your use of Web3 technologies must be handled in compliance with applicable data protection laws, including the General Data Protection Regulation (GDPR).
This disclaimer does not cover all the risks associated with Web3 technologies. You should seek independent legal, financial, and technical advice before engaging with such technologies.
By using Web3 technologies, you acknowledge and agree that you understand these risks and that you are solely responsible for your actions.
While we use reasonable attempts to ensure the accuracy and completeness of the content, designs graphics and logos materials on the Website (Our Content), to the extent permitted by law, we do not warrant the accuracy, completeness or suitability of any of Our Content. The Content may be subject to change without notice and we do not undertake to keep the Website up-to-date. Our Content is factual information only, is not comprehensive and is for general information purposes only. We also do not warrant that access to the Site will be uninterrupted, error-free or free from viruses.
The Data DEX comprises of the following sub-services:
The:
(a) Data NFT Marketplace (as described in clause 2) (Data NFT Marketplace Services)
The:
(b) Data NFTs (as described in clause 3); and (c) Minting Platform (as described in clause 4) (collectively, the Data NFT Services)
Both Data NFT Services and Data NFT Marketplace Services are collectively called the Data DEX Services.
The Data DEX Services are operated by is operated by Soft 4 Chain S.R.L. [company registration number 47742723] (we, our or us). These terms of use (Terms) apply to your use of, and access to, the Data DEX Services Services. By accepting these terms and conditions, you represent to us that you are lawfully able to enter into agreements and have the legal authority and capacity to bind yourself to these Terms.
Definitions
API means an application program interface.
Compatible Networks means the following crypto networks:
(a) MultiversX Blockchain network;
(b) Astar Network Blockchain network;
(c) Ethereum Blockchain network;
as amended from time to time.
Crypto Wallet means a digital wallet, capable of holding cryptographic digital assets and interacting with a blockchain (eg. Ledger, XPortal, Metamask).
Data NFT has the meaning given to the term set out in clause 3.1.
Disqualified Person means, as determined by us in our sole and absolute discretion:
(a) a citizen or resident of or located in, or a legal entity formed or incorporated within or subject to the laws of, a jurisdiction that is considered high risk;
(b) a person identified as a terrorist organization on any other relevant lists maintained by any governmental authority;
(c) a person acting, directly or indirectly, in contravention of any applicable law;
(d) a person that has been involved at any time in any type of activity associated with money laundering or terrorist financing or any other applicable anti-corruption or anti bribery statute or has been subject to any investigation or sanction by, or a request for information from, any governmental authority relating to money laundering, terrorist financing, corruption or bribery in any jurisdiction or under any law; or
(e) a person that is a politically exposed person (“PEP”) as defined by the Financial Action Task Force (or such similar person under any applicable Law) as an individual who is or has been entrusted with a prominent public function or an immediate family member or close associate of a PEP or any corporation, business or other entity that has been formed by, or for the benefit of, a PEP or any immediate family member or close associate of a PEP.
Website means the website at https://datadex.itheum.io (and any successor or related site designated by us), as updated by us from time to time.
NFT means a non-fungible cryptographic token that interacts with a blockchain.
Data NFT Marketplace means the online Data NFT marketplace described in section 2 of these Terms.
Personal Data means data that you own or have a right to, which may include personally identifiable or sensitive data, that is linked to a Data NFT.
Policies means the Privacy Policy, additional service terms, all restrictions described in the Data NFT Marketplace, Minting Platform, Data NFT and on the Website, and any other policy or terms referenced in or incorporated into these Terms, but does not include whitepapers or other marketing materials referenced on the Website.
Privacy Policy means the privacy policy located at https://itheum.com/legal/privacypolicy (and any successor or related locations, as updated by us from time to time.
Smart Contracts are simply programs stored on a Compatible (blockchain) Networks that run and execute logic when predetermined conditions are met.
Prohibited Use
1. Access and Use of the Data DEX Services
1.1 You can access and use the Data DEX Services Services in accordance with these Terms. You agree to comply with the terms of these Terms and all laws, rules and regulations applicable to your use of the Data DEX Services.
1.2 To access and use the Data DEX Services Services, you are required to have and use your Crypto Wallet which is capable of holding crypto assets on the Compatible Networks.
1.3 You acknowledge that our Data NFT Marketplace allows you to buy, sell or trade Data NFTs on Compatible Networks.
1.4 You acknowledge that Data NFTs may reference a link to Personal Data.
1.5 When you use of the Data DEX Services Services, you acknowledge and agree that:
(a) we will not, at any point, host, store or use Personal Data;
(b) we are not responsible for any unlawful, malicious or unwanted use of Personal Data when you sell or grant use to Personal Data to any third party;
(c) you are solely responsible for the safekeeping and security of Personal Data; and
(d) you must use the Data DEX Services Services in accordance with all applicable laws and these Terms.
1.6 By clicking any button or box marked “accept” or “agree” in connection with these Terms, or by accessing or using any of the Data DEX Services, you agree to be bound by these Terms, a current version of which is available at the Website, and which may be modified from time to time at our sole discretion. We are only providing the Data DEX Services if you accept all of these Terms. By using the Data DEX Services, you confirm your understanding and you agree to be bound by all of these Terms. If you do not accept all of these terms, then you may not access or use any of the Data DEX Services.
1.7 We may, from time to time, modify these Terms or Policies or change or discontinue any service we offer (including the Data NFT Marketplace Services) (Changes) at any time. If we do make any Changes, we will provide a minimum of 14 days advance notice prior to the effective date of any Change (Change Effective Date). Due to the decentralized nature of the Data NFT Marketplace and as personal details such as email are not collected by the Website, advance notice of any Changes will be provided as an alert within the Website.
1.8 If you continue to use any of our services (including the Data NFT Marketplace Services), you will be deemed to be bound by the modified terms as of the Change Effective Date. However, If you do not agree with any Changes, you must not use any of our Services.
2. Data NFT Marketplace
2.1 Our Data NFT Marketplace will be available to use at https://datadex.itheum.io/datanfts/marketplace
2.2 To access the Data NFT Marketplace, you must connect your Crypto Wallet. We will never ask you for a password or secret phrase to your Crypto Wallet.
2.3 By using our Data NFT Marketplace, you will be able to:
(a) Buy – You can buy Data NFTs, using crypto assets in your Crypto Wallet, from other users who list their Data NFTs; and
(b) Sell – You can sell your Data NFTs to other users for crypto assets.
Itheum Data NFTs are a Blockchain based mechanism to enable consented, transparent, licenses for the use of data. In this context, the terms Buying and Selling of Data NFTs indicates an exchange of crypto assets between two parties to exchange ownership of the license for data use.
2.4 By using our Data NFT Marketplace, you will also be able to use features such as View Publicly listed Data NFTs and Accessing the Preview Data URLs, De-List your Data NFTs so they are removed from Data NFT Marketplace and placed back into your Wallet, Updating the listing fee for your Data NFTs and other features that we may update from time to time.
3. Data NFTs
3.1 A Data NFT is an NFT that has an "association" to information (data) that you have in your possession that you have linked to the NFT. This information may contain personally identifiable or sensitive data about you. This Data NFT can described as a Blockchain based license for consented access to the underlying information (data).
3.2 Except for any Designs and our Intellectual Property, you will have all right, title and interest in your Data NFT.
4. Minting Platform
4.1 Our Minting Platform is a tool available within the Data DEX and allows for the minting of Data NFTs.
4.2 By using our Minting Platform, you will be able to mint a Data NFT by completing a form requesting key certain information, including, but not limited to:
(a) Data NFT title and description;
(b) number of copies to be produced;
(c) royalties (if any);
(d) URL link to Your Data; a Preview URL to Your Data and
(e) your acknowledgement of the minting fees.
4.3 When you mint a Data NFT it will be located in your Crypto Wallet. Please note that it may take anywhere from seconds to a few minutes to arrive.
4.4 Subject to your compliance with these Terms, we grant you a personal, non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use the Minting Platform in accordance with these Terms. All other uses are prohibited without our prior written consent.
5. Your warranties and acknowledgments
5.1 When you sell a Data NFT, you warrant, represent and acknowledge that, at the time that you list or propose to sell the Data NFT:
(a) You have full right, title and interest in the Data NFT, Personal Data associated with the Data NFT, and any other data or media linked to the Data NFT;
(b) there is no encumbrance in relation to any part of the Data NFT, the Personal Data associated with the Data NFT and any other data or media which you have linked to the Data NFT;
(c) the Data NFT provides the holder of the Data NFT to access the Personal Data and other data or media which you have linked to the Data NFT;
(d) Once a Data NFT has been traded (sold or transferred) to a counterparty, it leaves your Crypto Wallet and enters into ownership (and possession) of the counterparty’s Crypto Wallet. After this transaction is complete, you are no longer the Data NFT custodian, and you cannot claim or redeem any ownership rights on the Data NFT;
(e) Any transactions initiated by your Crypto Wallet that move ownership of Data NFTs or change attributes of the Data NFT or the Data NFT Marketplace are non-reversible by us; this is due to the immutable nature of the blockchain technology;
(f) If you have minted the Data NFT that you are selling, you take full responsibility to ensure that the data or media linked to the Data NFT is always available for access (via a public URL) for as long as the Data NFT is being traded in the Data NFT Marketplace and/or there is a supply of the Data NFT that has already been purchased and owned by other users. This responsibility ensures that the buyer of the Data NFT has continuous access to the data or media linked to the Data NFT as this was the expectation of the trade between the seller and the buyer;
(g) you have not made any misleading, deceptive or false representations in relation to the Data NFT, Personal Data other data or media which you have linked to the Data NFT; and
(h) the Data NFT does not contain or do anything that would:
(i) constitute a breach of an individual’s privacy (including providing access to private or personal information without an individual's consent) or any other legal rights;
(ii) constitute any hate speech or to distribute any illicit, harmful or offensive content (including pornographic images);
(iii) defame, harass, threaten, menace or offend any person;
(iv) constitute an unlawful purpose;
(v) interfere with any user’s use of the Data NFT Marketplace Services;
(vi) tamper with or modify the Data DEX Services;
(vii) transmit any virus or other disabling features, or damage or interfere with the Data DEX Services, including using trojan horses, viruses or piracy or programming routines that may damage or interfere with the Data DEX Services;
(vii) unsolicited electronic messages;
(ix) use data mining, robots, screen scraping or similar data gathering and extraction tools; and
(x) facilitate or assist a third party to do any of the above acts.
5.2 When you buy or sell a Data NFT or use any part of the Data NFT Marketplace Services you warrant, represent and acknowledge that:
(a) Data NFTs are not intended to or constitute securities of any form, units in a business trust, units in a managed investment scheme or any other form of regulated investment or financial or investment product in any jurisdiction;
(b) you are not a citizen or resident of a country the laws of which prohibit or conflict with the Data DEX Services or your participation in or use of the Data DEX Services;
(c) these Terms do not constitute a prospectus or offer document of any sort and is not intended to constitute an offer of securities of any form, units in a business trust, units in a managed investment scheme or any other form of regulated investment or financial or investment product in any jurisdiction or a solicitation for any form of investment in any jurisdiction;
(d) When you buy a Data NFT, you are purchasing this from the open, decentralized Data NFT Marketplace directly from the seller via a pure peer-to-peer format enabled by blockchain technology. Therefore, we can't facilitate "refunds" or "returns." The trade happens directly between a Buyer and a Seller, and therefore as a Buyer, you need to do your due diligence before engaging in a Data NFT trade transaction, as it should be considered to be non-reversible;
(e) no Data NFT is to be construed, interpreted, classified or treated as enabling you to participate in or receive profits, income, or other payments or returns arising from or in connection with us, any crypto or public network, the Data NFTs or the proceeds of the Data NFT Marketplace Services, or to receive sums paid out of such profits, income, or other payments or returns;
(f) no regulatory authority has examined or approved of these Terms, no such action has been or will be taken under the laws, regulatory requirements or rules of any jurisdiction, and the provision of these Terms to you does not imply that the applicable laws, regulatory requirements or rules have been complied with;
(g) the provision of these Terms, any part thereof or any copy thereof, or acceptance of the same by you, is not prohibited or restricted by the applicable laws, regulations or rules in your jurisdiction, and where any restrictions in relation to possession are applicable, you have observed and complied with all such restrictions at your own expense and without liability to us;
(h) you have read and understood all of these Terms including any policies or community guidelines we issue and amend from time to time;
(i) any purchase of a Data NFT may be subject to additional terms and conditions that the seller or holder decides to attach to that Data NFT;
(j) you are not a Disqualified Person;
(k) you have full power and capacity to accept these Terms and perform all your obligations hereunder and, in the case, where you are accepting these Terms on behalf of a corporation:
(i) such corporation is duly incorporated and validly existing under the applicable laws; and
(ii) you are duly authorised to accept these Terms and procure the performance of obligations hereunder;
(l) if you are a natural person, you are of sufficient age and capacity under the applicable laws of the jurisdiction in which you reside and the jurisdiction of which you are a citizen to accept these Terms and perform all your obligations hereunder;
(m) you have a good understanding of the operation, functionality, usage, storage, transmission mechanisms, and other material characteristics of crypto assets, blockchain assets, tokens and NFTs, blockchain-based software systems, crypto wallets or other related token storage mechanisms, blockchain technology and Smart Contract technology. You also acknowledge that even though the Data DEX Services Smart Contracts have been audited, there is always the possibility of a bug or vulnerability that compromises your funds, crypto assets, tokens, and Data NFTs, and it would not be possible to recover them if this happens.
(n) these Terms constitute legal, valid, and binding obligations on you;
(o) you are not a citizen or resident of any jurisdiction in which either the exchange for, receipt, or holding of Data NFTs is prohibited, restricted, curtailed, hindered, impaired or otherwise adversely affected by any applicable law, regulation or rule;
(p) the funds (and/or crypto assets) that you will use to purchase Data NFTs were not and are not directly or indirectly derived from any activities that in connection with anti-money laundering and/or terrorism financing laws or regulations or any other acts in breach or contravention of any applicable law, regulation or rule;
(q) the Data NFTs you buy or sell will not be used for any purpose in connection with money laundering, terrorism financing or any other acts in breach or contravention of any applicable law, regulation or rule;
(r) you buy or sell Data NFTs as principal and for your own benefit and you are not acting on the instructions of, or as nominee or agent for or on behalf of, any other person;
(s) you bear the sole responsibility to determine what tax implications your use of the Data NFTs or Data NFT Marketplace Services and agree not to hold us or any other person involved in the Data DEX Services liable for any tax liability associated with or arising therefrom;
(t) we or any of our related parties are not liable for any direct, indirect, special, incidental, consequential or other losses of any kind, in tort, contract or otherwise (including but not limited to loss of revenue, income or profits, and loss of use or data), arising out of or in connection with any use of the Data NFTs or Data DEX Services or acceptance of or reliance on these Terms or any part thereof by you;
(u) you waive the right to participate in a class action lawsuit or a class wide arbitration against us, and/or any person involved in the provision of Data DEX Services; and
(v) all of the above representations and warranties are, and will continue to be, true, complete, accurate and non-misleading from the time of your acceptance of these Terms.
6. Data storage and data protection
6.1 Without limiting your obligations under clause 7, we will implement reasonable and appropriate measures to protect any data associated with your account and any information your provide us when using the Data NFT Marketplace Services.
6.2 You acknowledge and agree that:
(a) we will not store, hold or use Personal Data. It is your responsibility to store and protect Personal Data and we will not be liable for any loss, theft or misuse of Personal Data;
(b) due to the immutable nature of blockchain technology, once you use the "Burn" Data NFT feature available to you to "reduce the supply" of your Data NFT quantity, you will not be able to recover the "burned" supply. If you were to "burn" all supply for a particular Data NFT, the metadata of the Data NFT token will remain on the Blockchain even though the Data NFT has no supply and is no longer in circulation.;
(c) we have no control over data or media linked to a Data NFT as this is created and maintained by the Data NFT Minter, who may then trade the Data NFT in the Data NFT Marketplace. Therefore, we cannot be liable if the data or media linked to a Data NFT has been removed or decommissioned by the original Data NFT Minter after the Data NFT has been traded;
(d) due to the nature of blockchain technology, your Crypto Wallet public address will be publicly visible on Compatible Networks when you use the Minting Platform to mint your Data NFT or list your Data NFT on the Data DEX Services;
(e) we neither own nor control your Crypto Wallet, browser, the Compatible Networks or any other third parties site, product, or service that you might access, visit, or use for the purpose of enabling you to use our Services. 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.
(f) no method of transmission over the Internet, or method of electronic storage is 100% secure. While we will use commercially reasonable efforts to protect your data and transmission of data, we cannot guarantee its absolute security and we do not take any liability in case of security breaches.
(g) Once a Data NFT has been minted by your on the Minting Platform, you agree to have some information that you enter in the Minting Platform form stored as “NFT Metadata” on the Compatible Network blockchain as an immutable record (i.e., it cannot be deleted by anyone once stored on the blockchain). The information includes your Crypto Wallet public address, stored as a “Creator” metadata attribute. The Creation Date (Minting Date), Data NFT “Title” and “Description”, and “Data Preview URL” are stored in non-encrypted plaintext, and the URL link to your data is stored in an encrypted format.
7. Your Responsibilities
7.1 You are responsible for all activities and your use of the Data NFT Services and the Data DEX Services.
7.2 You must keep Personal Data safe and secure and you are solely responsible Personal Data’s security.
7.3 You must not use the Data DEX Services for any Prohibited Use.
7.4 Where you permit, assist or facilitate an action, you will be deemed to have taken any action by any person or entity related to these Terms.
8. Fees
8.1 In consideration for access to the Data DEX Services, you agree to pay the Protocol Fees as set out in the Data NFT Marketplace Smart Contract. These fees are transparently detailed at the following URL: https://datadex.itheum.io/guardrails. You will only be charged Protocol Fees if you use the Data NFT Marketplace to trade Data NFTs.
8.2 You acknowledge that the Compatible Networks require the payment of a transaction fee (Gas Fee) for every transaction that occurs on a Compatible Network. The Gas Fee funds the network of computers that run decentralized Compatible Networks. This means that you will need to pay a Gas Fee for each purchase on the Data NFT Marketplace.
8.3 Each Party will be responsible, as required under applicable law, for identifying and paying all taxes and other governmental fees and charges (and any penalties, interest, and other additions thereto) that are imposed on that Party upon or with respect to the transactions and payments under this Agreement.
9. Suspension and Termination
9.1 We may, in our sole discretion, immediately suspend, terminate or limit your access or use of any of the Data DEX Services or our other services, if you breach these Terms.
9.2 If we suspend, cancel or limit your access or use or any of the Data NFT Marketplace Services, under clause 9.1, you will remain responsible for all fees and charges you incur prior to and during the period of suspension;
9.3 You can terminate this agreement at any time by discontinuing your access to and use of the Data DEX Services. You acknowledge that we may, in our sole discretion and for any or no reason, terminate these Terms and suspend and/or terminate the access to the Data NFT Marketplace Services and that we will not be liable to you or to any third party for any such suspension or termination.
10. Prohibited Use and warranties about Personal Data
10.1 You must not do or attempt to do anything that is unlawful, which is prohibited by applicable law, which we would consider inappropriate or which might bring us or the Data DEX Services into disrepute. This includes:
anything that would constitute a breach of an individual’s privacy (including providing access to private or personal information without an individual's consent) or any other legal rights;
using the Data DEX Services for any hate speech or to distribute any illicit, harmful or offensive content (including pornographic images);
using the Data DEX Services to defame, harass, threaten, menace or offend any person;
using the Data DEX Services for unlawful purposes;
interfering with any user of the Data DEX Services;
tampering with or modifying the Data DEX Services, knowingly transmitting viruses or other disabling features, or damaging or interfering with the Data DEX Services, including using trojan horses, viruses or piracy or programming routines that may damage or interfere with the Data NFT Marketplace Services;
using the Data DEX Services to send unsolicited electronic messages;
using data mining, robots, screen scraping or similar data gathering and extraction tools on the Site; or
facilitating or assisting a third party to do any of the above acts.
10.2 You agree that you are solely responsible for all Personal Data that you use when using our Data DEX Services. You represent and warrant that Personal Data:
does not breach your Prohibited Use obligations set out in clause 10.1;
you are either the sole and exclusive owner of all Personal Data or you have all rights, licences, consents and releases that are necessary to grant to use Personal Data when using our Data NFT Marketplace Services; and
using Personal Data when using the Data DEX Services will not infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
10.3 To the maximum extent permitted by law, you are liable for, and agree to indemnify us and hold us harmless in respect of, any liability that we may suffer, incur or otherwise become liable for, arising from or in connection with any claim by a person that any of Personal Data breaches any obligation or warranties set out in this clause 10.
11. Intellectual Property
11.1 Except as provided in this clause 11, we will not have any right, title or interest in the Data NFTs or Personal Data.
11.2 Unless otherwise stated in the terms of the sale of the NFT or other transaction, the original creator of the content retains all intellectual property rights in the data contained in the NFTs. The purchase of an NFT does not imply the transfer of intellectual property rights from the original creator to the purchaser, unless explicitly stated in the terms of the sale.
11.3 Unless otherwise indicated, we own or license all content and all intellectual property rights (including any copyright, registered or unregistered designs, illustrations, artwork, patents or trade mark or logo rights and domain names) displayed or used on the Website or on the Data NFT Marketplace (Our Intellectual Property).
11.4 The purchase of a Data NFT grants the purchaser a limited, revocable, non-exclusive, non-assignable and non-transferable license to use the data contained in the NFT. The purchaser is not allowed to copy, distribute, or use the data for commercial purposes without the explicit permission of the original creator. The license may be revoked if the purchaser violates these terms.
11.5 When you create/mint Data NFTs, you, as the user who makes them, might have your own rules about intellectual property and copyright. These rules could be included in the NFT token's details like the "description" and "title" through links or text. In this case, these specific rules should be read and accepted by the purchaser along with and in addition to the general Intellectual Property outlined terms in this document.
11.6 Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to access and use the Data DEX Services solely in accordance with this Agreement.
11.7 Your use of, and access to, the Data DEX Services and the Content does not grant or transfer to you any rights, title or interest to Our Intellectual Property. Unless otherwise permitted in these Terms, you must not:
(a) copy or use, in whole or in part, any of Our Intellectual Property;
(b) reproduce, retransmit, distribute, display, disseminate, sell, publish, broadcast or circulate any of Our Intellectual Property; or
(c) breach any intellectual property rights connected with Our Intellectual Property, including altering or modifying any of Our Intellectual Property, causing any of Our Intellectual Property to be framed or embedded in another website or platform, or creating derivative works from Our Intellectual Property.
11.8 Nothing in this clause restricts your ability to publish, post or repost Content or Our Intellectual Property on your social media page or blog, provided that
(a) you do not assert that you are the owner of the Content or Our Intellectual Property;
(b) unless explicitly agreed by us in writing, you do not assert that you are endorsed or approved by us;
(c) you do not damage or take advantage of our reputation, including in a manner that is illegal, unfair, misleading or deceptive; and
(d) you comply with all other terms of these Terms.
11.9 If you believe that your intellectual property rights have been infringed upon by any content on the Data DEX services, please contact us at privacy@itheum.io. We will investigate the matter and take appropriate action if necessary.
12. Warranties; Limitations of Liability
12.1 The Data DEX Services, including all Data NFTs available on the marketplace, are provided “as is” and “as available”. Except to the extent prohibited by law, or to the extent any statutory rights apply that cannot be excluded, limited or waived, we and our affiliates and licensors:
(a) make no representations or warranties of any kind, whether express, implied, statutory or otherwise regarding the service offerings or the third-party content;
(b) disclaim all warranties, including any implied or express warranties;
(c) of merchantability, satisfactory quality, fitness for a particular purpose, non- infringement, or quiet enjoyment;
(d) arising out of any course of dealing or usage of trade; and
(e) any content, including the Data NFTs, will be secure or not otherwise lost or altered.
12.2 You may have certain rights under the consumer protection laws in your jurisdiction in relation to the Data DEX Services. Despite anything to the contrary, to the maximum extent permitted by law, we exclude all liability for any loss or damage of any kind (including consequential loss, indirect loss, loss of profit, loss of benefit, loss of opportunity or loss of reputation) whether under statute, contract, equity, tort (including negligence), indemnity or otherwise arising out of or in connection with the Data DEX Services, Website or any other information or content we publish.
13. Privacy
We respect your privacy and understand protecting your personal information is important. Our Privacy Policy (available on the Website) sets out how we will collect and handle your personal information.
14. Which laws govern these Terms
These Terms are governed by the laws of Romania. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in Romania and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.
15. Itheum Enterprise
15.1 Itheum Enterprise and Data NFT Technology:
(a) Itheum Enterprise, incorporates "Data NFT" technology as detailed above, enhancing its functionality to provide more nuanced control over the Data NFT collection for entities utilizing the Itheum Enterprise product.
(b) The additional features of Itheum Enterprise shall be governed by these terms, in conjunction with the terms applying to general-purpose Data NFTs and their broader encapsulating features and products.
15.2 Integration with Data NFT Technology:
(a) In using Itheum Enterprise, users acknowledge that the underlying technology involves "Data NFT" technology as detailed above.
(b) All terms outlined herein, pertaining to general-purpose Data NFTs and their broader encapsulating features and products, shall be equally applicable to the distinct Itheum Enterprise product.
15.3 Early Stage Development and Limited Liability:
(a) Itheum Enterprise is currently in its early stage of development and is not deemed suitable for deployment in production environments involving real economic value or funds.
(b) Users are expressly advised that Itheum Enterprise is exclusively intended for test and development purposes. The publisher of this software cannot be held liable for any damages or losses resulting from the use of Itheum Enterprise outside of its designated test and development use cases.
(c) Users expressly acknowledge and accept the inherent risks associated with utilizing Itheum Enterprise in a production environment, including but not limited to potential data loss, system instability, and financial losses.
(d) The publisher disclaims any warranties, express or implied, regarding the fitness for a particular purpose, merchantability, or non-infringement of Itheum Enterprise. Users assume all risks associated with its use and understand that the software is provided on an "as-is" and "as-available" basis.
By accessing or using Itheum Enterprise, users explicitly agree to abide by the terms outlined above.
For any questions and notices, please contact us at:
Email: privacy@itheum.io
Version: 2
Effective Date: July 1, 2023
Last Updated Date: Nov 13, 2023
Last updated