2. Terms of Service

Terms of Service

Infinity8 Terms of Use

Welcome to Infinity8!

These Terms of Use govern your use of the marketplace owned and operated by Infinity Eight DWC-LLC (“Infinity8”, “Company”, “we”, or “us”), except where we expressly state that separate terms (and not these) apply and provide information about the services outlined within these Terms of Use, outlined below. TheInfinity8 marketplace is a website that allows you to buy, sell, create and display Non-Fungible Tokens (“NFTs”). These Terms of Use are entered into by and between you and Infinity8. The following terms and conditions, together with any documents they expressly incorporate by reference, govern your access to and use of the Infinity8 marketplace website, including any content, functionality, and services offered on or through https://Infinity8.io (the “Site”).

1. Accepting these Terms

These Terms of Use set out your rights and responsibilities when you use the Site to buy, sell, or display NFTs or create a collection of NFTs (collectively, the “Services”). Infinity8 is an administrative platform that facilitates transactions between a buyer and a seller but is not a party to any agreement between the buyer and seller of NFTs or between any users. By accepting and completing the account registration process, or using the Site, you accept and agree to be bound and abide by these Terms of Use and all the terms incorporated herein by reference. By agreeing to these Terms of Use, you hereby certify that you are at least 21 years of age. If you do not agree to these Terms of Use, you must not access or use the Site.

Infinity8 reserves the right to change or modify these Terms of Use at any time and in our sole discretion. You agree and understand that by logging into your account, accessing or using the Site following any change to these Terms of Use, you agree to the revised Terms of Use and all the terms incorporated therein by reference. We encourage you to review the Terms of Use from time to time to ensure that you understand the terms and conditions that apply at the time when you access or use the Site.

2. Your Account on Infinity8

In order to use the Services, you need to create an account on the Site. When you create an account, we will ask you for some information about yourself. We may require you, in our sole discretion, to provide additional information and/or documents including potentially, depending upon the value of the transactions in which you are engaged in on the Site, a copy of your passport in order to comply with applicable anti-money laundering obligations. For further information regarding the information we require from you, please refer to our Privacy Policy. If you do not provide complete and accurate information and/or documents in response to such a request, we may refuse to provide you with any aspect of our Services.

Your Infinity8 account is subject to the following conditions:

- Access: you understand and agree that access to your Infinity8 account is limited solely to you. You agree that you will not sell, rent, lease, or grant access to your Infinity8 account to any person without our prior written permission.

- Funds: you acknowledge and agree that you are only permitted to use your own funds when making any transaction on our Site. You must not under any circumstances make a transaction on behalf of any third party, or using a third party’s funds.

- Security: you understand and agree that you are solely responsible for maintaining the security of your account and control over any usernames, passwords, or any other codes that you use to access the Site or our Services. Any unauthorized access to your account by third parties could result in the loss or theft of NFTs and/or funds held in your account and any associated accounts, including your linked bank account(s) and credit card(s). You understand and agree that you will not hold us responsible for managing and maintaining the security of your account. You further understand and agree that we are not responsible (and you will not hold us responsible) for any unauthorized access to or use of your account. You are responsible for monitoring your account. If you notice any unauthorized or suspicious activity in your account, please notify us immediately.

- Trading Fees: by buying or selling an NFT on the Site, you agree to pay all applicable fees and you authorize Infinity8 to automatically deduct fees directly from your payment. You will always be provided with a breakdown of fees prior to concluding your purchase or sale of an NFT.

- Communication: you agree and understand that we will communicate with you from time to time via electronic means. To ensure that you receive all our communications, you agree to keep your email address and telephone number current and notify us if there are any changes. You agree that any notices, agreements, disclosures, or other communications delivered to your email address on record is considered valid.

Your Balance: Where you sell an NFT on our Site you will receive payment in Ethereum or US Dollars. You are the owner of your balance.

3. Account Suspension

You agree that Infinity8 has the right to immediately suspend your account, pause or cancel your access to the Site or our Services, or close your account if we suspect, in our sole discretion, that (1) your account is being used for money laundering or any illegal activity; (2) you have concealed or provided false identification information or other details; (3) you have engaged in fraudulent activity; or (4) you have engaged in transactions, or undertaken any other act, in violation of these Terms of Use.

4. Communication

Where you have provided us with you consent we may send you promotional communications by email, including, but not limited to, newsletters, special offers, surveys, and other news and information we think will be of interest to you.

You agree that we may send you communications by email or text message that pertain to the status of a purchase or sale of a NFT on the Site, and other communications that pertain to your interaction with the website, including but not limited to notifications about the status of a NFT you are interested in purchasing.

You may opt out of promotional communications at any time by following the instructions provided therein.

5. User Content

The Site allows (1) users to create a profile where they can post certain information about themselves (such as their name and image), link to other websites, and display representations of NFTs that they own (collectively, “Profile Information”); and (2) artists or creators of NFTs (“NFT Creators”) to post representations of NFTs they have created (such representations being “NFT Creations”), and bios (collectively, with Profile Information, “User Content”). All User Content must comply with these Terms of Use.

Any User Content you post to the Site will be considered non-confidential and non-proprietary. By providing any User Content on the Site, you grant us and our affiliates and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, retransmit, publish, broadcast, and otherwise disclose to third parties any such material for any purpose. You represent and warrant that (1) you own and control all rights in and to your User Content and have the right to grant such licenses to us and our affiliates and our respective licensees, successors, and assigns; and (2) all of your User Content do and will comply with these Terms of Use.

You understand and agree that you are responsible for any User Content you submit or contribute, and you, not Infinity8, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content, accuracy, or appropriateness of any User Content posted by you or any other user on the Site.

If you are a NFT Creator, you hereby grant Infinity8 the right to use User Content for marketing or promotional purposes. If you are a NFT Creator, you agree that we may use or modify your NFT Creations for marketing or promotional purposes. Under such circumstances you would retain all ownership rights in the underlying NFT. You also agree that we can use your biography and other public information about you to promote any NFTs you have created.

As a NFT Creator, you understand and agree that:

- You are responsible for the accuracy and content of any NFT which you create;

- Infinity8 has sole discretion to remove any User Content (including in particular any representations of NFTs you own and / or any of your NFT Creations) from the Site;

- You will respect the intellectual property rights of others; and

- You will not coordinate pricing with other NFT Creators.

We reserve the right, in our sole discretion, to prohibit you from uploading an NFT to our Site. Although we are not required to monitor any User Content, we may, in our sole discretion, remove User Content at any time and for any reason without notice. Infinity8 may monitor User Content to detect and prevent fraudulent activity or violation of these Terms of Use.

6. Ownership

Unless otherwise indicated in writing by us, the Site, all content on the Site, and all other materials contained therein, including, without limitation, the Infinity8 logo, and all designs, text, graphics, pictures, information, data, software, sound files, other files, and the selection and arrangement thereof (collectively, “Infinity8 Content”) are the property of Infinity8 or our affiliates, licensors, or users, as applicable. The Infinity8 logo and any Infinity8 product or service names, logos, or slogans that may appear on the Site or elsewhere are trademarks of Infinity8 or our affiliates, and may not be copied, imitated or used, in whole or in part, without our prior written permission.

You may not use any Infinity8 Content to link to the Site or any User Content without our express written permission. You may not use framing techniques to enclose any Infinity8 Content without our express written consent. In addition, the look and feel of the Site and the Infinity8 Content, including without limitation, all page headers, custom graphics, button icons, and scripts constitute the service mark, trademark, or trade dress of Infinity8 and may not be copied, imitated, or used, in whole or in part, without our prior written permission.

Notwithstanding anything to the contrary herein, you understand and agree that you shall have no ownership or other property interest in your account, and you further agree that all rights in and to your account are and shall forever be owned by and inure to the benefit of Infinity8.

7. Intellectual Property

Outside the Infinity8 Content, all other trademarks, product names, and logos on the Site are the property of their respective owners and may not be copied, imitated, or used, in whole or in part, without the permission of the applicable rights holder. Without limiting the foregoing, if you believe that third-party material hosted by Infinity8 infringes your copyright or trademark rights, please file a notice of infringement by contacting us at legal@infinity8.io.

In such event, please provide us with the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or trademark interest; (2) a detailed description or copy of the copyrighted work or trademark that you claim has been infringed; (3) a description of the location on Site of the material that you claim is infringing; (4) your address, telephone number and e-mail address; (5) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or trademark owner or authorized to act on the copyright or trademark owner’s behalf.

Infinity8’s policy is to suspend or terminate the account of infringers. Infinity8’s response may depend on relevant aggravating or mitigating circumstances, but generally we will terminate an account if it is the subject of one or more valid infringement notices.

If an NFT is being offered for sale on the Site by someone who does not have the intellectual property rights to it, it will be removed from the Site. In case of a dispute where legal action is pursued against Infinity8 for the removal of the NFT from the Site, Infinity8 has the right to pursue legal action towards the seller in question.

8. The Use of Infinity8’s Marketplace

We hereby grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Site and Infinity8 Content. Our grant of such license is subject to the following conditions:

- Unlawful Activity: you agree not to engage, or assist, in any activity that violates any law, statute, ordinance, regulation, or sanctions program.

- User Content: you agree that all User Content you upload to the Site will comply with the content regulations applicable both in your country and in the United Arab Emirates at all times. You will not post any content which is or could be considered offensive, unlawful, deceptive, inaccurate, or harmful in any way. This would include, but is not limited to, any User Content which:


- Abusive Activity: you agree not to engage in any activity that poses a threat to Infinity8, for example by distributing a virus or other harmful code, or through unauthorized access to the Site, the Services or other users’ accounts.

- Inappropriate Behavior: you agree not to interfere with other users’ access to or use of the Site or the Services.

- Communication: you agree not to communicate with other users for purposes of (1) sending unsolicited advertising or promotions, requests for donations, or spam; (2) harassing or abusing other users; (3) interfering with transactions of other users. You agree not to use data collected from the Site to contact individuals, companies, or other persons or entities outside the Site for any purpose, including but not limited to marketing activity.

- Fraud: you agree not to engage in any activity which operates to defraud Infinity8, others users, or any other person; or to provide any false, inaccurate, or misleading information to Infinity8.

- Gambling: you agree not to utilize the Site or the Services to engage in any lottery, bidding fee auctions, contests, sweepstakes, or other games of chance.

- Taxes: you agree that you are solely responsible for determining what, if any, taxes apply to your NFT transactions. Neither Infinity8 nor any other Infinity8 Party is responsible for determining the taxes that apply to your NFT transactions.

- Intellectual Property Infringement: you agree not to (1) engage in transactions involving items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under applicable law; (2) use Infinity8 Content without express written consent from Infinity8; or (3) engage in any action that implies an untrue endorsement or affiliation with Infinity8.

- Hyperlinks: you are hereby granted a limited, non-exclusive, non-transferable, revocable license to create a text hyperlink to the Site for noncommercial purposes, provided that such link does not portray Infinity8, our affiliates, the Site or any aspect of the Services in a false, misleading, derogatory, or otherwise defamatory manner, and provided further that the linking site does not contain any adult or illegal materials, or other materials that is offensive, harassing, or otherwise objectionable.

- Additional Prohibitions: you agree not to (1) distribute, publish, broadcast, reproduce, copy, retransmit, or publicly display any Infinity8 Content or User Content provided by other users; (2) modify or create derivative works from the Site, Infinity8 Content, User Content provided by other users, or any portion thereof; (3) use any data mining, robots, or similar data gathering or extraction methods on the Site, Infinity8 Content or User Content provided by other users; (4) download any portion of the Site, Infinity8 Content or User Content provided by other users, other than for purposes of page caching, except as expressly permitted by us.

If you are unsure whether a contemplated use would violate these Terms of Use, please contact us at the address listed below under Contact Information.

9. Privacy

You acknowledge and agree to the collection, use, and disclosure of your personal information in accordance with Infinity8’s Privacy Policy, which is incorporated into these Terms of Use by reference.

10. Modifications

You agree and understand that we may modify part or all of the Site or the Services at any time.Where we update these Terms of Use we will inform you by way of the email, sent to the email address registered to your account. Your continued use of the Site thereafter will constitute your acceptance of those updated Terms of Use.

11. Risks

Please note the following risks in accessing or using Infinity8:

- The price and liquidity of blockchain assets, including NFTs, are extremely volatile and may be subject to large fluctuations;

- Fluctuations in the price of other digital assets could materially and adversely affect NFTs, which may also be subject to significant price volatility; Legislative and regulatory changes or actions at the state, federal, or international level may adversely affect the use, transfer, exchange, and value of NFTs;

- NFTs are not legal tender and are not backed by the government;

- Transactions in NFTs may be irreversible, and, accordingly, losses due to fraudulent or accidental transactions may not be recoverable;

- Some transactions in NFTs shall be deemed to be made when recorded on a public ledger, which is not necessarily the date or time that you initiated the transaction on the Site;

- The value of NFTs may be derived from the continued willingness of market participants to exchange fiat currency or digital assets for NFTs, which may result in the potential for permanent and total loss of value of a particular NFT should the market for that NFT disappear;

- The nature of NFTs may lead to an increased risk of fraud or cyber-attack, and may mean that technological difficulties experienced by Infinity8 may prevent the access to or use of your NFTs;

- Changes to Third Party Sites (discussed in Section 12 below) may create a risk that your access to and use of the Site will suffer.

You agree and understand that you are solely responsible for determining the nature, potential value, suitability, and appropriateness of these risks for yourself, and that Infinity8 does not give advice or recommendations regarding NFTs, including the suitability and appropriateness of, and investment strategies for NFTs.

You agree and understand that you access and use Infinity8 at your own risk; however, this brief statement does not disclose all the risks associated with NFTs and other digital assets.

You agree and understand that Infinity8 will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using NFTs, however caused.

12. Third Parties

Infinity8 may rely on third-party platforms and our Site may contain links to third-party websites or applications (collectively, “Third Party Sites”). Infinity8 does not own or control Third Party Sites. You understand and agree that your use of any Third Party Site is subject to any terms of use and/or privacy policy provided by such Third Party Site. Infinity8 is not a party to any such agreement.When you leave our Site, our Terms of Use and policies no longer govern. We may, but are not obligated to, warn you that you are leaving our Site.

13. Disclaimers

Except as expressly provided to the contrary any information provided by Infinity8 (whether on the Site, within Infinity8 Content contained therein or otherwise) and NFTs listed therein are provided on an “as is” and “as available” basis without warranties or conditions of any kind, either express or implied. Infinity8 make no warranty that the Site will (1) meet your requirements; (2) be available on an uninterrupted, timely, secure, error-free basis; or (3) be accurate, reliable, complete, legal, or safe.

We will not be liable for any loss of any kind from any action taken or taken in reliance on material of information, contained on the Site. Infinity8 does not represent or warrant that content available on the Site (whether User Content or Infinity8 Content, together “Content”) is accurate, complete, reliable, current or error-free.

While Infinity8 attempts to make your access to and use of the Site safe, Infinity8 cannot and does not represent or warrant that the Site, Content, any NFTs listed on our Site or our servers are free of viruses or other harmful components. We cannot guarantee the security of any data that you disclose online. You accept the inherent security risks of providing information and dealing online over the internet and will not hold us responsible for any breach of security unless it is due to our gross negligence.

We will not be responsible or liable to you for any loss and take no responsibility for, and will not be liable to you for, any use of NFTs including but not limited to any losses, damages or claims arising from: (1) user error such as forgotten passwords, incorrectly constructed transactions, or mistyped addresses; (2) server failure or data loss; (3) corrupted wallet files; (4) unauthorized access to applications; (5) any unauthorized third party activities, including without limitation the use of viruses, phishing, bruteforcing or other means of attack against the Site or NFTs.

NFTs are intangible digital assets. They exist only by virtue of the ownership record maintained in the Ethereum network. Any transfer of title that might occur in any unique digital asset occurs on the decentralized ledger within the Ethereum platform. We do not guarantee that Infinity8 or any Infinity8 party can affect the transfer of title or right in any NFTs.

Infinity8 is not responsible for sustained losses due to vulnerability or any kind of failure, abnormal behavior of software (e.g., wallet, smart contract), blockchains, or any other features of NFTs. Infinity8 is not responsible for sustained losses due to late reports by developers or representatives (or no report at all) of any issues with the blockchain supporting NFTs including forks, technical node issues or any other issues having fund losses as a result.

Nothing in these Terms of Use shall exclude or limit liability of either party for fraud, death or bodily injury caused by negligence, violation of laws, or any other activity that cannot be limited or excluded by legitimate means.

To the fullest extent provided by law, Infinity8 hereby disclaims all warranties of any kind, whether express or implied, statutory, or otherwise, including but not limited to any warranties of merchantability, fitness for a particular purpose, title and non-infringement as to the Site and Content contained therein.

The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.

14. Limitation of Liability

To the fullest extent permitted by law, in no event will Infinity8 be liable to you or any third party for any lost profit or any indirect, consequential, exemplary, incidental, special or punitive damages arising from these Terms of Use, the Site, the Services or for any damages related to loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, or loss of data, and whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable and even if Infinity8 has been advised of the possibility of such damages. Access to, and use of, the Sites, the Services or third party sites and services which you access via our Site are at your own discretion and risk, and you will be solely responsible for any damage to your computer system or mobile device or loss of data resulting therefrom.

Notwithstanding anything to the contrary contained herein, in no event shall the maximum aggregate liability of Infinity8 arising out of or in any way related to these Terms of Use, the access to and use of the Site, Content, NFTs, or any products or services purchased on the Site (including the Services) exceed the greater of (a) US$100 or (b) the amount you have paid to Infinity8 for the services in the last six months out of which liability arose. The foregoing limitations of liability shall not apply to liability of Infinity8 for (a) death or personal injury caused by a member of Infinity8's negligence; or for (b) any injury caused by a member of Infinity8's fraud or fraudulent misrepresentation.

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

15. Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless Infinity8, and our respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively, the “Infinity8 Parties”), from and against all actual or alleged third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys’ fees and expenses) and costs (including, without limitation, court costs, costs of settlement and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of the Site, Content or NFTs, (b) any feedback you provide, (c) your violation of these Terms of Use, and (d) your violation of the rights of a third party. You agree to promptly notify Infinity8 of any third-party Claims and cooperate with the Infinity8 Parties in defending such Claims. You further agree that the Infinity8 Parties shall have control of the defense or settlement of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Infinity8.

16. Governing Law

These Terms of Use, your rights and obligations, and all actions contemplated by, arising out of or related to these Terms of Use shall be governed by and construed in accordance with the laws of the United Arab Emirates, as applied in the Emirate of Dubai, without regard to its conflicts of laws provisions.

17. In Case of Conflict

The following clause consists of our arbitration agreement. This clause requires you to arbitrate disputes with Infinity8 and limits the manner in which you can seek relief from us.

You agree that any dispute or claim relating in any way to: your access, use, or attempted access or use of the Site or the Services; any products sold or distributed through the Site; or any aspect of your relationship with Infinity8 will be resolved by binding arbitration, except that you or Infinity8 may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyright, or patent).

You agree that any legal suit, claim, action, dispute or proceeding arising out of or related to these Terms of Use (including any question regarding their existence, validity or termination), the Site or our Services that is not settled by the parties within sixty days (60) days of one party notifying the other in writing shall be referred to and finally resolved by arbitration under the Dubai International Financial Centre – London Court of International Arbitration rules (“Rules”), which Rules are deemed to be incorporated by reference into this clause. The number of arbitrators shall be three. The seat, or legal place, of arbitration shall be the Dubai International Financial Centre, United Arab Emirates. The language to be used in the arbitral proceedings shall be English.

18. Termination

We reserve the right, without notice, without the need for a court order and in our sole discretion, to terminate your license to access or use the Site or Infinty8 Content, at any time and for any reason. You understand and agree that we shall have no liability or obligation to you in such an event.

19. Severability

If any term, clause, or provision of these Terms of Use is held invalid or unenforceable, then that term, clause, or provision shall be severable from these Terms of Use and will not affect the validity or enforceability of any remaining part of that term, cause, or provision, or any other terms, clause, or provision of these Terms of Use.

These Terms of Use comprise the entire agreement between you and Infinity8 relating to your access to and use of the Site and Content, and supersede any and all prior discussions agreements, and understandings of any kind (including without limitation prior versions of these Terms of Use). Except as otherwise provided herein, these Terms of Use are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.

20. Discriminatory Practices

Users of our Site shall not discriminate or encourage discrimination on the basis of personal attributes such as race, ethnicity, color, national origin, religion, age, sex, sexual orientation, gender identity, family relationship, disability, medical or genetic condition. Infinity8 will remove from the Site any User Content that can, in its sole discretion, be considered discriminatory on any basis mentioned above.

21. Terms and Conditions

If an NFT which is being offered for sale on the Site does not comply with the terms and conditions stated herein, the NFT Creation (or the representation of the NFT which you own but did not create) will be removed from the Site and the gas fee will not be refunded. Under such circumstances you will not be permitted to sell that NFT from the Site at any point in the future.

All sales made in any section on the Site of Infinity8 are final and irrevocable and no refunds are offered unless otherwise agreed in writing.

Contact Information

You are welcome to e-mail us at any time at legal@infinity.io. You can also contact us by writing to us at: office 52, 4th floor, building A2, Dubai South Business Center, Dubai, United Arab Emirates.