Terms of Service
Welcome to Infinity8!
1. Accepting these Terms
2. Your Account on Infinity8
Your Infinity8 account is subject to the following conditions:
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.
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
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
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.
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 firstname.lastname@example.org.
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:
Is patently offensive or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
Harasses or advocates harassment of another person;
Exploits people in a sexual or violent manner;
Contains nudity, excessive violence, or offensive subject matter or contains a link to an adult website;
Is disrespectful to the United Arab Emirates state, its symbols and organisations;
Could be offensive to the national unity and social cohesion of the United Arab Emirates;
Is disrespectful to the Islamic faith or any other monotheistic religion, including any embodiment or personification of prophets or messengers;
Provides misleading or false information;
May offend women or children;
Relates to magic, fortune telling or the supernatural;
May mislead or violate the morals of the youth, including promoting any destructive behaviour or principles; or
Furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, illegal substances, violating someone's privacy, or providing or creating computer viruses.
- 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.
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
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.
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
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.
16. Governing Law
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).
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.
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.
You are welcome to e-mail us at any time at email@example.com. You can also contact us by writing to us at: office 52, 4th floor, building A2, Dubai South Business Center, Dubai, United Arab Emirates.