SandStorm Media Terms & Conditions

Last Updated: 9/16/2022

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE.

THE SERVICE IS NOT INTENDED FOR THE USE OF CHILDREN UNDER 18 AND NO SUCH PERSON IS AUTHORIZED TO USE IT.  BY USING THE SERVICE, YOU ARE REPRESENTING THAT YOU ARE AT LEAST 18 YEARS OLD.  YOU ALSO REPRESENT, BY ACCESSING OR USING THE SERVICES, THAT YOU ARE OF LEGAL AGE TO ENTER INTO LEGAL AGREEMENTS.

IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THIS AGREEMENT, IN WHICH CASE THE TERMS “YOU” OR “YOUR” SHALL REFER TO SUCH ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS, YOU MUST NOT ACCEPT THIS AGREEMENT AND YOU MAY NOT USE THE SERVICE.

 

1. INTRODUCTION

Welcome to the Sandstorm Media website, owned and operated by Sandstorm Media Inc. (“Sandstorm Media”, “we”, “us” or “our”). These Terms of Service (these “Terms”) govern your access to and use of the Sandstorm Media services; including without limitation the website located at https://sandstorm.co/ and nft.sandstorm.co , the creation, purchase, sale, exchange, or modification of certain digital assets; our online and/or mobile services, and software provided on or in connection with the website and the foregoing services (collectively, the “Service”). This Service also allows you to purchase Crypto Assets (as defined below) via auction (“Auction”). You may only participate in the Auction by linking your digital wallets on supported bridge extensions. Before putting in an offer to purchase a unique digital asset, we will ask you to download a supported electronic wallet extension and connect and unlock your digital wallets with that extension. Once you submit an order to purchase a unique digital asset, your order is passed on to the applicable extension, which completes the transaction on your behalf. “Crypto Assets” refers to unique non-fungible tokens using smart contracts. ALL TRANSACTIONS INITIATED THROUGH OUR SERVICE ARE FACILITATED AND RUN BY SUCH THIRD-PARTY ELECTRONIC WALLET EXTENSIONS, AND BY USING OUR SERVICE YOU AGREE THAT YOU ARE GOVERNED BY THE TERMS OF SERVICE AND PRIVACY POLICY FOR THE APPLICABLE EXTENSIONS. SANDSTORM MEDIA IS A PLATFORM. WE ARE NOT A BROKER, FINANCIAL INSTITUTION, OR CREDITOR. THE SERVICE IS AN ADMINISTRATIVE PLATFORM ONLY. SANDSTORM MEDIA FACILITATES TRANSACTIONS BETWEEN THE BUYER AND SELLER IN THE AUCTION BUT IS NOT A PARTY TO ANY AGREEMENT BETWEEN THE BUYER AND SELLER OF CRYPTO ASSETS OR BETWEEN ANY USERS. YOU BEAR FULL RESPONSIBILITY FOR VERIFYING THE IDENTITY, LEGITIMACY, AND AUTHENTICITY OF ASSETS YOU PURCHASE ON SANDSTORM MEDIA. NOTWITHSTANDING INDICATORS AND MESSAGES THAT SUGGEST VERIFICATION, SANDSTORM MEDIA MAKES NO CLAIMS ABOUT THE IDENTITY, LEGITIMACY, OR AUTHENTICITY OF ASSETS ON THE PLATFORM.

The information presented on or through the Service is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Service, or by anyone who may be informed of any of its contents.

The Service may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Sandstorm Media. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Because we have a growing number of services, we sometimes need to describe additional terms for specific services. Those additional terms and conditions, which are available with the relevant services, then become part of your agreement with us if you use those services.

THESE TERMS OF USE ARE IMPORTANT AND AFFECT YOUR LEGAL RIGHTS, SO PLEASE READ THEM CAREFULLY. BY CLICKING ON THE “I ACCEPT” BUTTON, COMPLETING THE ACCOUNT REGISTRATION PROCESS, USING OUR SERVICE AND/OR PURCHASING CRYPTO ASSETS, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL OF THE TERMS INCORPORATED HEREIN BY REFERENCE. If you do not agree to these Terms, you may not access or use the Service or purchase the Crypto Assets.

Sandstorm Media reserves the right to change or modify these Terms at any time and in our sole discretion. If we make changes to these Terms, we will provide notice of such changes, such as by sending an email notification, providing notice through the Service or updating the “Last Updated” date at the beginning of these Terms. By continuing to access or use the Service, you confirm your acceptance of the revised Terms and all of the terms incorporated therein by reference. We encourage you to review the Terms frequently to ensure that you understand the terms and conditions that apply when you access or use the Service. If you do not agree to the revised Terms, you may not access or use the Service.

2. PRIVACY POLICY

Please refer to our Privacy Policy at https://sandstorm.co/privacy for information about how we collect, use and share information about you.

3. ACCOUNT REGISTRATION AND COMMUNICATION PREFERENCES

3.1. If you wish to participate in an Auction for Crypto Assets, you will need to register for an account on the Service (“Account”). By creating an Account, you agree to (a) provide accurate, current and complete Account information about yourself, (b) maintain and promptly update from time to time as necessary your Account information, (c) maintain the security of your password and accept all risks of unauthorized access to your Account and the information you provide to us, (d) immediately notify us if you discover or otherwise suspect any security breaches related to the Service, or your Account, and (e) be responsible for all activity under your Account. A user may have only one account. Also, you agree that you will not:

3.1.1. create another account if we’ve disabled one you had unless you have our written permission first;

3.1.2. buy, sell, rent or lease access to your Account or username unless you have our written permission first;

3.1.3. share your Account password with anyone;

3.1.4. log in or try to log in to access the Service through unauthorized third-party applications or clients.

3.1.5. To maintain the security and integrity of a fair marketplace we do not allow any external links to be shared via the direct message feature. If either a builder or brand repeatedly attempts to send external links including portfolio sites, social media accounts, and personal websites to take communications off-platform, this is a breach of SandStorm Media’s terms of service. SandStorm takes undercutting the fair bidding process of builders in the community or attempts to bypass fees that keep the marketplace safe, very seriously. This activity will result in user accounts being suspended from the marketplace for 90 days or permanently banned.

3.2. Sandstorm Media may require you to provide additional information and documents at the request of any competent authority or in case of application of any applicable law or regulation, including laws related to anti-laundering (legalization) of incomes obtained by criminal means, or for counteracting financing of terrorism. Sandstorm Media may also require you to provide additional information and documents in cases where it has reasons to believe that:

3.2.1. your Account is being used for money laundering or for any other illegal activity;

3.2.2. you have concealed or reported false identification information and other details; or

3.2.3. transactions effected via your Account were effected in breach of these Terms.

In such cases, Sandstorm Media, in its sole discretion, may pause or cancel your Auction transactions until such additional information and documents are reviewed by Sandstorm Media and accepted as satisfying the requirements of applicable law. If you do not provide complete and accurate information and documents in response to such a request, Sandstorm Media may refuse to provide the Content (defined hereinbelow) to you.

3.3. By creating an Account, you also consent to receive electronic communications from Sandstorm Media (e.g., via email or by posting notices to the Service). These communications may include notices about your Account (e.g., password changes and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy.

3.4. You must provide all equipment and software necessary to connect to and use the Service, including but not limited to, a mobile device that is suitable to connect with and use Service, in cases where the Service offers a mobile component. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing the Service.

4. OWNERSHIP

4.1. Unless otherwise indicated in writing by us, the Service and all Content and other materials contained therein, including, without limitation, the Sandstorm Media logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, “Content”) are the proprietary property of Sandstorm Media or our affiliates and licensors, as applicable.

4.2. Notwithstanding anything to the contrary in these Terms, the Service and Content may include software components provided by Sandstorm Media or its affiliates or a third party that are subject to separate license terms, in which case those license terms will govern such software components. For example, if there is a link to a third party website with more details about a Crypto Asset sold through our marketplace, such website may include license terms governing the use of such Crypto Asset. In the event you purchase such Crypto Asset through our marketplace, you are required to comply with such third party’s terms.

5. LICENSE TO ACCESS AND USE OUR SERVICE AND CONTENT

You are hereby granted a limited, nonexclusive, nontransferable, nonsublicensable license to access and use the Service and Content; provided, however, that such license is subject to these Terms and does not include any right to (a) sell, resell or use commercially the Service or Content, (b) distribute, publicly perform or publicly display any Content, (c) modify or otherwise make any derivative uses of the Service or Content, or any portion thereof, (d) use any data mining, robots or similar data gathering or extraction methods, (e) download (other than page caching) any portion of the Service or Content, except as expressly permitted by us, and (f) use the Service or Content other than for their intended purposes.

6. HYPERLINKS

You are granted a limited, nonexclusive, nontransferable right to create a text hyperlink to the Service for noncommercial purposes, provided that such link does not portray Sandstorm Media or our affiliates or any of our products or services in a false, misleading, derogatory or otherwise defamatory manner, and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a logo or other proprietary graphic of Sandstorm Media to link to the Service or Content without our express written permission. Further, you may not use, frame or utilize framing techniques to enclose any Sandstorm Media trademark, logo or other proprietary information, including the images found on the Service, the content of any text or the layout or design of any page, or form contained on a page, on the Service without our express written consent.

7. THIRD PARTY SERVICES

The Service may contain links to third-party websites (“Third-Party Websites”) and applications (“Third-Party Applications”). When you click on a link to a Third-Party Website or Third-Party Application, you are subject to the Terms and conditions (including privacy policies) of such other website or destination. Such Third-Party Websites and Third-Party Applications and are not under the control of Sandstorm Media. Sandstorm Media is not responsible for any Third-Party Websites or Third-Party Applications. Sandstorm Media provides these Third-Party Websites and Third-Party Applications only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites or Third-Party Applications, or their products or services. You use all links in Third-Party Websites, and Third-Party Applications at your own risk. You should review all applicable agreements and policies, including privacy and data gathering practices, of any Third-Party Websites or Third-Party Applications, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.

8. USER CONDUCT

8.1. You agree that you will not violate any law, contract, intellectual property or other third party right, and that you are solely responsible for your conduct, while accessing or using the Service or participating in the Auction. You agree that you will abide by these Terms and will not:

8.1.1. Provide false or misleading information to Sandstorm Media;

8.1.2. Use or attempt to use another user’s Account without authorization from such user and Sandstorm Media;

8.1.3. Create or list counterfeit items;

8.1.4. Pose as another person or create a misleading username;

8.1.5. Use the Service in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Service, or that could damage, disable, overburden or impair the functioning of the Service in any manner;

8.1.6. Develop, utilize, or disseminate any software, or interact with any API in any manner, that could damage, harm, or impair the Service;

8.1.7. Reverse engineer any aspect of the Service, or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any Service, area or code of the Service;

8.1.8. Attempt to circumvent any content-filtering techniques we employ, or attempt to access any feature or area of the Service that you are not authorized to access;

8.1.9. Use any robot, spider, crawler, scraper, script, browser extension, offline reader or other automated means or interface not authorized by us to access the Service, extract data or otherwise interfere with or modify the rendering of Service pages or functionality;

8.1.10. Use data collected from our Service to contact individuals, companies, or other persons or entities;

8.1.11. Use data collected from our Service for any direct marketing activity (including without limitation, email marketing, SMS marketing, telemarketing, and direct marketing);

8.1.12. Bypass or ignore instructions that control all automated access to the Service;

8.1.13. Use the Service for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms;

8.1.14. Use the platform to carry out any illegal activities, including but not limited to money laundering, terrorist financing or deliberately engaging in activities designed to adversely affect the performance of the platform, or the Service;

8.1.15. Engage in wash trading or other deceptive or manipulative trading activities;

8.1.16. Place misleading bids or offers;

8.1.17. Use the Service to carry out any financial activities subject to registration or licensing, including but not limited to creating, listing, or buying securities, commodities, options, real estate, or debt instruments; or

8.1.18. Use the Service to participate in fundraising for a business, protocol, or platform, including but not limited to creating, listing, or buying assets that are redeemable for financial instruments, assets that give owners rights to participate in an ICO or any securities offering, or assets that entitle owners to financial rewards, including but not limited to, DeFi yield bonuses, staking bonuses, and burn discounts.

8.2. Assets, listings, smart contracts, and collections that Sandstorm Media deems inappropriate, disruptive, or illegal are prohibited on Sandstorm Media. Sandstorm Media reserves the rights to determine the appropriateness of listings on its site and remove any listing at any time. If you create or offer an asset, listing, smart contract, or collection in violation of these policies, we reserve the right to take corrective actions, as appropriate, including but not limited to removing the asset, listing, smart contract, or collection, deleting your Sandstorm Media account, and permanently withholding referral payments and developer revenue sharing fees. Sandstorm Media cannot destroy or impound your assets or smart contracts, but we reserve the right to destroy inappropriate metadata stored on our servers.

8.3. Assets, listings, smart contracts, and collections that include metadata that violates international intellectual property laws, promotes suicide or self harm, incites hate or violence against others, degrades or doxes another individual, depicts minors in sexually suggestive situations, or is otherwise illegal are prohibited on Sandstorm Media.

8.4. Assets, listings, smart contracts, and collections with a primary or substantial purpose in a game or application that violates international intellectual property laws, promotes suicide or self harm, incites hate or violence against others, degrades or doxes another individual, depicts minors in sexually suggestive situations, or is otherwise illegal are prohibited on Sandstorm Media.

8.5. Assets, listings, smart contracts, and collections created or used primarily or substantially for the purpose of raising funds for the known terrorist organizations are prohibited on Sandstorm Media.

8.6. The sale of stolen assets, assets taken without authorization, and otherwise illegally obtained assets on Sandstorm Media is prohibited. If you have reason to believe that an asset listed on Sandstorm Media was illegally obtained, please contact us immediately. Listing illegally obtained assets may result in your listings being cancelled, your assets being hidden, or your account being suspended.

8.7. If you become aware of the creation, listing, or buying of assets in violation of any of the terms specified in this section, you shall contact us to report it. Content creators bear special responsibility for informing Sandstorm Media of the existence of their collections, contracts, and assets that violate these terms.

9. USER CONTENT AND COPYRIGHT

9.1. You are solely responsible for your use of the Service and for any Content you provide, including compliance with applicable laws, rules, and regulations. We take no responsibility for the Content posted or listed via the Service.

9.2. Subject to the licenses to Content set forth in these Terms, you retain your rights to any Content you submit, post, or display using the Service.

9.3. By submitting, posting or displaying Content on or through the Service, you grant us a worldwide, non-exclusive, sublicensable, transferable, royalty-free license to use, copy, modify, and display such Content for our lawful business purposes, including to provide, promote, and improve the Service.

9.4. You represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein for any Content that you submit, post or display on or through the Service. You agree that such Content will not contain material subject to copyright or other proprietary rights, unless you have necessary permission or are otherwise legally entitled to post the material and to grant Sandstorm Media the license described above.

9.5. Sandstorm Media reserves the right to remove content without prior notice. Sandstorm Media will take down works in response to formal infringement claims and will terminate a user’s access to the Service if the user is determined to be a repeat infringer.

9.6. Propose to replace with my own language:

We do not permit copyright infringing activities and infringement of intellectual property rights on the Service and will remove any such content if properly notified that such content infringes on another’s intellectual property rights. If you are a copyright owner or an agent thereof and believe that any content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

 

·       An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;

·       description of the copyrighted work that you claim has been infringed;

·       description of the material that you claim is infringing and where it is located on the Service;

·       identification of the URL or other specific location on the Service where the material that you claim is infringing is located;

·       your address, telephone number, and email address;

·       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;

·       statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

You can contact our Copyright Agent via email at team@sandstorm.co or by mail at Copyright Agent, c/o Client, SandStorm Media Inc.

 

Upon receipt of such notice, we will investigate and remove material if necessary. You will be notified of the results of such investigation.

 

9.7. Formal infringement claims regarding content on the Service must include:

9.7.1. A written communication delivered to the agent designated above;

9.7.2. A physical or electronic signature of someone authorized to act on behalf of the copyright owner;

9.7.3. Identification of the copyrighted work(s) allegedly infringed;

9.7.4. Identification of material claimed to be infringing, reasonably sufficient to permit Sandstorm Media to locate the material;

9.7.5. Information reasonably sufficient to permit Sandstorm Media to contact the complaining party. This can be an address, phone number, email address, or other suitable method of contact;

9.7.6. A statement that the “complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and”

9.7.7. A statement that the information in the notice is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of copyright owner.

9.8.    Upon receipt of such notice, we will investigate and remove material if necessary.

10. INDEMNIFICATION

To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless Sandstorm Media, 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 “Sandstorm Media 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 Service, Content or Crypto Assets, (b) any feedback you provide, (c) your violation of these Terms, and (d) your violation of the rights of a third party, including another user. You agree to promptly notify Sandstorm Media of any third party Claims and cooperate with the Sandstorm Media Parties in defending such Claims. You further agree that the Sandstorm Media 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 SANDSTORM MEDIA.

11. DISCLAIMERS

11.1. EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY SANDSTORM MEDIA, THE SERVICE, CONTENT CONTAINED THEREIN, AND CRYPTO ASSETS LISTED THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. SANDSTORM MEDIA (AND ITS SUPPLIERS AND LICENSORS) MAKE NO WARRANTY THAT THE SERVICE: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE. SANDSTORM MEDIA DISCLAIMS ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SERVICE, CONTENT CONTAINED THEREIN. SANDSTORM MEDIA DOES NOT REPRESENT OR WARRANT THAT CONTENT ON THE SERVICE IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. SANDSTORM MEDIA WILL NOT BE LIABLE FOR ANY LOSS OF ANY KIND FROM ANY ACTION TAKEN OR TAKEN IN RELIANCE ON MATERIAL OR INFORMATION, CONTAINED ON THE SERVICE. WHILE SANDSTORM MEDIA ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE SERVICE AND CONTENT SAFE, SANDSTORM MEDIA CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICE, CONTENT, ANY CRYPTO ASSETS LISTED ON OUR SERVICE 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.

11.2. 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 CRYPTO ASSETS, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (A) USER ERROR SUCH AS FORGOTTEN PASSWORDS, INCORRECTLY CONSTRUCTED TRANSACTIONS, OR MISTYPED ADDRESSES; (B) SERVER FAILURE OR DATA LOSS; (C) CORRUPTED WALLET FILES; (D) UNAUTHORIZED ACCESS TO APPLICATIONS; (E) ANY UNAUTHORIZED THIRD PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION THE USE OF VIRUSES, PHISHING, BRUTE-FORCING OR OTHER MEANS OF ATTACK AGAINST THE SERVICE OR CRYPTO ASSETS.

11.3. CRYPTO ASSETS ARE INTANGIBLE DIGITAL ASSETS. THEY EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED IN THE NETWORK. ANY TRANSFER OF TITLE THAT MIGHT OCCUR IN ANY UNIQUE DIGITAL ASSET OCCURS ON THE DECENTRALIZED LEDGER WITHIN THE PLATFORM. WE DO NOT GUARANTEE THAT SANDSTORM MEDIA CAN EFFECT THE TRANSFER OF TITLE OR RIGHT IN ANY CRYPTO ASSETS.

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

11.5. Nothing in these Terms 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 applicable law.

11.6. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN CONTRACTS WITH CONSUMERS, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

12. ASSUMPTION OF RISK

12.1. You accept and acknowledge:

12.1.1. The prices of blockchain assets are extremely volatile. Fluctuations in the price of other digital assets could materially and adversely affect the Crypto Assets, which may also be subject to significant price volatility. We cannot guarantee that any purchasers of Crypto Assets will not lose money. Nothing should be interpreted as a solicitation to invest in any cryptocurrency, and nothing herein should be construed as a recommendation to engage in any investment strategy or transaction. Please consult your own investment, legal, tax or similar professionals regarding any prospective transaction decisions.

12.1.2. You are solely responsible for determining what, if any, taxes apply to your Crypto Assets transactions. Sandstorm Media is not responsible for determining the taxes that apply to Crypto Assets transactions.

12.1.3. Our Service does not store, send, or receive Crypto Assets. This is because Crypto Assets exist only by virtue of the ownership record maintained on its supporting blockchain. Any transfer of Crypto Assets occurs within the supporting blockchain and not on this Service.

12.1.4. There are risks associated with using an Internet-based currency, including but not limited to, the risk of hardware, software and Internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to information stored within your wallet. You accept and acknowledge that Sandstorm Media will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the Crypto Assets, however caused.

12.1.5.A lack of use or public interest in the creation and development of distributed ecosystems could negatively impact the development of those ecosystems and related applications, and could therefore also negatively impact the potential utility or value of Crypto Assets.

12.1.6. The regulatory regime governing blockchain technologies, cryptocurrencies, and tokens is uncertain, and new regulations or policies may materially adversely affect the development of the Auction and/or Service and the utility of Crypto Assets.

12.1.7. The Service will rely on third-party platforms to perform the transactions for the Auction of Crypto Assets. If we are unable to maintain a good relationship with such platform providers; if the terms and conditions or pricing of such platform providers change; if we violate or cannot comply with the terms and conditions of such platforms; or if any of such platforms loses market share or falls out of favor or is unavailable for a prolonged period of time, access to and use of the Service will suffer.

12.1.8. There are risks associated with purchasing user generated content, including but not limited to, the risk of purchasing counterfeit assets, mislabeled assets, assets that are vulnerable to metadata decay, assets on smart contracts with bugs, and assets that may become untransferrable. Sandstorm Media reserves the right to hide collections, contracts, and assets affected by any of these issues or by other issues. Assets you purchase may become inaccessible on Sandstorm Media. Under no circumstances shall the inability to view your assets on Sandstorm Media serve as grounds for a claim against Sandstorm Media.

13. LIMITATION OF LIABILITY

13.1. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL SANDSTORM MEDIA 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, THE SERVICE, PRODUCTS OR THIRD PARTY SITES AND PRODUCTS, 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 SANDSTORM MEDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE. ACCESS TO, AND USE OF, THE SERVICE, AUCTIONS, CYRPTO ASSETS OR THIRD PARTY SITES AND PRODUCTS 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.

13.2. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSES OF ANY LIMITED REMEDY, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF SANDSTORM MEDIA ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS, THE ACCESS TO AND USE OF THE SERVICE, CONTENT, CRYPTO ASSETS, OR ANY PRODUCTS OR SERVICES PURCHASED ON THE SERVICE EXCEED THE GREATER OF (A) $100 OR (B) THE AMOUNT RECEIVED BY SANDSTORM MEDIA FROM THE SALE OF CRYPTO ASSETS THAT ARE THE SUBJECT OF THE CLAIM.

13.3. THE FOREGOING LIMITATIONS OF LIABILITY SHALL NOT APPLY TO LIABILITY OF SANDSTORM MEDIA FOR (A) DEATH OR PERSONAL INJURY CAUSED BY SANDSTORM MEDIA’S NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY A SANDSTORM MEDIA’S FRAUD OR FRAUDULENT MISREPRESENTATION.

13.4. 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.

14. GENERAL PROVISIONS

14.1. Modifications. We reserve the right in our sole discretion to modify, suspend or discontinue, temporarily or permanently, the Service (or any features or parts thereof) or suspend or discontinue the Auction at any time and without liability therefore.

14.2. Governing Law and Venue. To the fullest extent permitted by law, these Terms, your access to and use of the Service and Content, and your participation in the Auction shall be governed by and construed and enforced in accordance with the laws of the State of Delaware, without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction). Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court, shall be resolved in the state or federal courts of the State of Delaware.

14.3. Termination. Notwithstanding anything contained in these Terms, we reserve the right, without notice and in our sole discretion, to terminate your right to access or use the Service at any time and for any or no reason, and you acknowledge and agree that we shall have no liability or obligation to you in such event and that you will not be entitled to a refund of any amounts that you have already paid to us, to the fullest extent permitted by applicable law.

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

14.5. Survival. The following sections will survive the expiration or termination of these Terms and the termination of your Account: all defined terms and Sections 1-4 and 7-15.

14.6. Miscellaneous. These Terms along with any Auction Rules published by Sandstorm Media constitute the entire agreement between you and Sandstorm Media relating to your access to and use of the Service and Content, and your participation in the Auction. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of Sandstorm Media prior, concurrent or subsequent circumstance, and Sandstorm Media’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Except as otherwise provided herein, these Terms 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.

14.7. Canada. The parties declare that they have required that these Terms and all documents related hereto, either present or future, be drawn up in the English language only.  Les parties déclarent par les présentes qu’elles exigent que cette entente et tous les documents y afferents, soit pour le present ou le future, soient rédigés en langue anglaise seulement.

14.8. Notice for California Users. Under California Civil Code Section 1789.3, California website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.

Questions and Contact Information

 

Please contact us if you have any questions about these Terms. You may contact us by emailing us at team@sandstorm.co. 

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