GENERAL TERMS AND CONDITIONS OF USE
1. ACCESSING THE SERVICE
Like much of web3, your blockchain address functions as your identity on Bilinear. Accordingly, you will need a blockchain address and a third-party wallet to access the Service. Your account on the Service (“Account”) will be associated with your blockchain address. Your Account on Bilinear will be associated with your linked blockchain address and display the NFTs for that blockchain address (and, if applicable, any content associated with such NFTs). By using your wallet in connection with the Service, you agree that you are using that wallet under the terms and conditions of the applicable provider of the wallet. Wallets are not operated by, maintained by, or affiliated with Bilinear, and Bilinear does not have custody or control over the contents of your wallet and has no ability to retrieve or transfer its contents. Bilinear accepts no responsibility for, or liability to you, in connection with your use of a wallet and makes no representations or warranties regarding how the Service will operate with any specific wallet. You are solely responsible for keeping your wallet secure and you should never share your wallet credentials or seed phrase with anyone. If you discover an issue related to your wallet, please contact your wallet provider. Likewise, you are solely responsible for your Account and any associated wallet and we are not liable for any acts or omissions by you in connection with your Account or as a result of your Account or wallet being compromised. You agree to immediately notify us if you discover or otherwise suspect any security issues related to the Service or your Account at firstname.lastname@example.org.
Bilinear’s name, logo, trademarks, and any Bilinear product or service names, designs, logos, and slogans are the intellectual property of KNOBS or our affiliates or licensors and may not be copied, imitated or used, in whole or in part, without our prior written permission in each instance. You may not use any metatags or other “hidden text” utilizing “Bilinear” or any other name, trademark or product or service name of Bilinear or our affiliates or licensors without our prior written permission. In addition, the “look and feel” of the Service constitutes the service mark, trademark or trade dress of Bilinear and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other third-party trademarks, registered trademarks, and product names mentioned on the Service or contained in the content linked to or associated with any NFTs displayed on the Service 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 intellectual property rights holder. Reference to any products, services, processes or other information by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by Bilinear. Bilinear does not have ownership, custody, or control of NFTs or the smart contracts deployed by third parties. Creators of these NFTs or smart contracts are solely responsible for their operation and functionality.
3. INTELLECTUAL PROPERTY RIGHTS
4. COMMUNICATION PREFERENCES
By creating an Account, you consent to receive electronic communications from Bilinear (e.g., via email, push notification, text messages, or other types of messages). These communications may include notices about your Account (e.g., transactional information) and are part of your relationship with us. We may also send you promotional communications via email we think will be of interest to you. You understand that you are not required to provide this consent as a condition of using the Service and you may opt out of these communications through the Service or through your device’s operating system (with the possible exception of important service announcements and administrative messages) by following the unsubscribe instructions provided or through your Account settings.
5. LICENSE TO ACCESS AND USE OUR SERVICE AND CONTENT
You are hereby granted a limited, nonexclusive, non transferable, non sublicensable, and personal license to access and use the Service provided, however, that such license is subject to your compliance with these Terms. If any software, content, or other materials owned by, controlled by, or licensed to us are distributed or made available to you as part of your use of the Service, we hereby grant you a non-commercial, personal, non-assignable, non-sublicensable, non-transferrable, and non-exclusive right and license to access and display such software, content, and materials provided to you as part of the Service, in each case for the sole purpose of enabling you to use the Service as permitted by these Terms, provided that your license in any content linked to or associated with any NFTs is solely as set forth by the applicable seller or creator of such NFT.
6. THIRD PARTY CONTENT, AGREEMENTS AND SERVICES
As a peer-to-peer web3 service, Bilinear helps you explore NFTs created by third parties and interact with different blockchains. Bilinear does not make any representations or warranties about this third-party content visible through our Service, including any content associated with NFTs displayed on the Service, and you bear responsibility for verifying the legitimacy, authenticity, and legality of NFTs that you purchase from third-party sellers. We also cannot guarantee that any NFTs visible on Bilinear will always remain visible and/or available to be bought, sold, or transferred. Users are solely responsible for any content related to their NFTs.
7. USER REPRESENTATIONS
- Scholarship management Building public tools and bots that facilitate transparency and analysis.
- Building private, non-commercial tools which store data for analytical purposes.
- Note that anyone abusing public APIs by spamming requests will be banned from using such APIs in the future.
- Buying or selling on Bilinear website
(4) you will not use the Site and the Smart Contracts for any illegal and unauthorized purpose; and (5) your use of the Site and the Smart Contracts will not violate any applicable law or regulation. If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to blacklist your wallet address and refuse any and all current or future use of the Site and the Smart Contracts (or any portion thereof). (6) you, as a Bilinear user, are responsible for the actions of any other user that plays on your behalf, and that their actions can have consequences for any connected accounts that you own. (7) That KNOBS or third-party providers we work with, may store the IP address you use to access the site. KNOBS S.r.l. reserves the right to choose which markets and jurisdictions to conduct its business and may restrict or refuse, at its sole discretion, the provision of KNOBS services in certain countries or regions.
8. USER REGISTRATION
You do not need to register an account with the Site or to use the smart contracts. The Bilinear marketplace is powered by Smart Contracts, therefore it is necessary to connect the wallet to the site in order to use Bilinear services. Each interaction that involves buying or selling NFTs is happening thanks to the underlying smart contracts. You understand that the Site does not store, send, or receive NFTs. This is because the NFTs exist only by virtue of the ownership record maintained on the Site supporting blockchains . Any transfer of NFTs occurs only on Bilinear supported blockchain.
9. PROHIBITED ACTIVITIES
You may not access or use the Site and the Smart Contracts for any purpose other than that for which we make the Site and the Smart Contracts available. The Site and the Smart Contracts may not be used in connection with any commercial endeavors except if agreed to in a binding legal contract with KNOBS S.r.l. To protect our community and comply with our legal obligations, we reserve the right to take action, with or without advance notice, if we believe in our sole discretion that you have violated these Terms or that you may use our Service for unlawful activity. This may include: removing or limiting the ability to view or interact with certain NFTs; disabling or restricting the ability to use the Service (or certain aspects of the Service); and/or other actions. 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 and content, in connection with using the Service. You also agree that you will not:
- Systematically retrieve data or other content from the Site and the Smart Contracts to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
- Use a buying agent or purchasing agent to make purchases on the Site and the Smart Contracts.
- Use the Site and the Smart Contracts to advertise, offer to sell goods and services or any other commercial purposes inconsistent with these Terms or any other instructions.
- Circumvent, disable, or otherwise interfere with security-related features of the Site, and the Smart Contracts, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and the Smart Contracts and/or the Content contained therein.
- Engage in unauthorized framing of or linking to the Site and the Smart Contracts.
- Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive user information.
- Make improper use of our support services or submit false reports of abuse or misconduct.
- Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools, except as mentioned in 2(3).
- Interfere with, disrupt, or create an undue burden on the Site and the Smart Contracts or the networks or services connected to the Site.
- Attempt to impersonate another user or person or to use another user’s Account without authorization from such user.
- Pose as another person or entity, or use a wallet to engage in a transaction on Bilinear that is owned or controlled, in whole or in part, by any other person.
- Claim a Bilinear username for the purpose of reselling it, confusing others, deriving others’ goodwill, or otherwise engage in name squatting.
- Sell, share, duplicate or otherwise transfer your profile (this includes multi-accounting practices).
- Access the Service from a different blockchain address if we’ve blocked any of your other blockchain addresses from accessing the Service, unless you have our written permission first.
- Use any information obtained from the Site and the Smart Contracts in order to harass, abuse, or harm another person.
- Use the Site and the Smart Contracts as part of any effort to compete with us or otherwise use the Site and the Smart Contracts and/or the Content for any revenue-generating endeavor or commercial enterprise.
- Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site and the Smart Contracts.
- Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site and the Smart Contracts, including attempting to circumvent any rate limiting systems, directing traffic through multiple IP addresses, or otherwise obfuscating the source of traffic you send to Bilinear.
- Sell or resell the Service or attempt to circumvent any Bilinear fee systems.
- Engage in behaviors that have the intention or the effect of artificially causing an item or collection to appear in a certain area on Bilinear’s site or at the top of search results, or artificially increasing view counts, favorites, or other metrics that Bilinear might use to surface or sort items, collections, or search results.
- Use the Service or data collected from our Service for any advertising or direct marketing activity (including without limitation, email marketing, SMS marketing, and telemarketing).
- Harass, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site and the Smart Contracts to you.
- Delete the copyright or other proprietary rights notice from any Content.
- Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming, continuous posting of repetitive text, including sending unwanted NFTs to other users; that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site and the Smart Contracts.
- Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
- Except as may be the result of standard search engines or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site and the Smart Contracts, or using or launching any unauthorized script or other software.
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site and the Smart Contracts.
- Use the Service, directly or indirectly, for or in connection with money laundering, terrorist financing, or other illicit financial activity, or in any way in connection with the violation of any law or regulation that applies to you or to Bilinear.
- Use the Service, directly or indirectly, for, on behalf of, for the benefit of, or in connection with (a) any natural or legal person that is the subject of Sanctions; (b) any natural or legal person located in, ordinarily resident in, or organized under the laws of, any Embargoed Jurisdiction; or (c) any legal person owned or controlled, directly or indirectly, by any natural or legal person located in, ordinarily resident in, or organized under the laws of, any Embargoed Jurisdiction.
- Use the Service to carry out any financial activities subject to registration or licensing, including but not limited to creating, offering, selling, or buying securities, commodities, options, or debt instruments.
- Use the Service to create, sell, or buy NFTs or other items that give owners rights to participate in an ICO or any securities offering, or that are redeemable for securities, commodities, or other financial instruments.
- Use the Service to engage in price manipulation, fraud, or other deceptive, misleading, or manipulative activity.
- Use the Service to buy, sell, or transfer stolen items, fraudulently obtained items, items taken without authorization, and/or any other illegally obtained items.
- Infringe or violate the intellectual property rights or any other rights of others.
- Create or display NFTs or other items that promote suicide or self-harm, incite hate or violence against others, or dox another individual.
- Use the Service for any illegal or unauthorized purpose, including creating or displaying illegal content, such as content that may involve child sexual exploitation, or encouraging or promoting any activity that violates the Terms of Service.
- Use the Service with the proceeds of unlawful activity or with a wallet used to engage in unlawful activity.
- Use the Service in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Service.
- Use the Site and the Smart Contracts in a manner inconsistent with any applicable laws or regulations.
10. FEE AND PAYMENT
Any purchases from the site will be done through smart contracts on a blockchain using a wallet like Metamask, Wallet Connect or similar. Any financial transactions that you engage in will be conducted solely through the Blockchain via a wallet. KNOBS S.r.l. will have no insight into or control over these payments or transactions, nor does it have the ability to reverse any transactions. With that in mind, we will have no liability to you or to any third party for any claims or damages that may arise as a result of any transactions that you engage in via the Site and/or using the Smart Contracts, or any other transactions that you conduct via the Blockchains. For every transaction that occurs on the Blockchains, a payment of a transaction fee (a “Gas Fee”) is required. The Gas Fee funds the network of computers that run the decentralized network. This means that you will need to pay a Gas Fee for each transaction that occurs. Gas Fees on the blockchains are paid via different tokens. As between us, you will be solely responsible to pay any and all sales, use, value-added and other taxes, duties, and assessments (except taxes on our net income) now or hereafter claimed or imposed by any governmental authority (collectively, “Taxes”) associated with your use of the Site (including, without limitation, any Taxes that may become payable as the result of your ownership, transfer, or breeding of any of your NFT). Except for income taxes levied on KNOBS, you: (i) will pay or reimburse us for all national, local, or other taxes and assessments of any jurisdiction, including value-added taxes and taxes as required by international tax treaties, customs or other import or export taxes, and amounts levied in lieu thereof based on charges set, services performed or payments made hereunder, as are now or hereafter may be imposed under the authority of any national, state, local or any other taxing jurisdiction; and (ii) shall not be entitled to deduct the amount of any such taxes, duties or assessments from payments made to us pursuant to these Terms.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site and the Smart Contracts (“Submissions") provided by you to us, also on our social channels (i.e. Discord, Telegram, Instagram, etcetera) are non-confidential and should become our sole property. We should own exclusive rights, including all intellectual property rights, and should be entitled to the unrestricted use and dissemination of these Submissions to any lawful purpose, commercial, or otherwise, without acknowledgment or compensation for you. You hereby waive any moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there should be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
12. THIRD-PARTY WEBSITE AND CONTENT
14. GOVERNING LAW
15. DISPUTE RESOLUTION
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR ACCESS TO AND USE OF THE SITE AND THE SMART CONTRACTS ARE AT YOUR SOLE RISK, AND THAT THE SITE AND THE SMART CONTRACTS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE, OUR SUBSIDIARIES, AFFILIATES, AND LICENSORS MAKE NO EXPRESS WARRANTIES AND HEREBY DISCLAIM ALL IMPLIED WARRANTIES REGARDING THE SITE AND THE SMART CONTRACTS AND ANY PART OF IT (INCLUDING, WITHOUT LIMITATION, THE SITE, ANY SMART CONTRACT, OR ANY EXTERNAL WEBSITES), INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, CORRECTNESS, ACCURACY, OR RELIABILITY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE, OUR SUBSIDIARIES, AFFILIATES, AND LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (I) YOUR ACCESS TO OR USE OF THE SITE AND THE SMART CONTRACTS WILL MEET YOUR REQUIREMENTS, (II) YOUR ACCESS TO OR USE OF THE SITE AND THE SMART CONTRACTS WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (III) USAGE DATA PROVIDED THROUGH THE SITE AND THE SMART CONTRACTS WILL BE ACCURATE, (IV) THE SITE AND THE SMART CONTRACTS OR ANY CONTENT, SERVICES, OR FEATURES MADE AVAILABLE ON OR THROUGH THE SITE AND THE SMART CONTRACTS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (V) THAT ANY DATA THAT YOU DISCLOSE WHEN YOU USE THE SITE AND THE SMART CONTRACTS WILL BE SECURE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND AGREE THAT WE HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY BREACH OF SECURITY UNLESS IT IS DUE TO OUR GROSS NEGLIGENCE. WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSSES YOU INCUR AS THE RESULT OF YOUR USE OF THE BLOCKCHAIN RELATED NETWORKS, SERVICES AND APPLICATIONS, SUCH AS POLYGON NETWORK, LINEA AND THE METAMASK OR WALLET CONNECT ELECTRONIC WALLET, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (A) USER ERROR, SUCH AS FORGOTTEN PASSWORDS OR INCORRECTLY CONSTRUED SMART CONTRACTS OR OTHER TRANSACTIONS; (B) SERVER FAILURE OR DATA LOSS; (C) CORRUPTED WALLET FILES; (D) UNAUTHORIZED ACCESS OR ACTIVITIES BY THIRD PARTIES, INCLUDING BUT NOT LIMITED TO THE USE OF VIRUSES, PHISHING, BRUTE FORCING OR OTHER MEANS OF ATTACK AGAINST THE SITE AND THE SMART CONTRACT, AND OTHER BLOCKCHAIN RELATED NETWORKS, SERVICES AND APPLICATIONS, SUCH AS POLYGON NETWORK, LINEA OR THE METAMASK OR WALLET CONNECT ELECTRONIC WALLET. NFT ARE INTANGIBLE DIGITAL ASSETS THAT EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED ON THE SUPPORTED BLOCKCHAINS SUCH AS LINEA. ALL SMART CONTRACTS ARE CONDUCTED AND OCCUR ON THE DECENTRALIZED LEDGER WITHIN THE SUPPORTED BLOCKCHAINS SUCH AS LINEA. KNOBS S.R.L. HAS NO CONTROL OVER AND MAKES NO GUARANTEES OR PROMISES WITH RESPECT TO SMART CONTRACTS. KNOBS S.R.L. IS NOT RESPONSIBLE FOR LOSSES DUE TO BLOCKCHAINS OR ANY OTHER FEATURES OF BLOCKCHAIN RELATED NETWORKS, SERVICES AND APPLICATIONS, SUCH AS THE POLYGON NETWORK, LINEA, THE METAMASK OR WALLET CONNECT ELECTRONIC WALLETS. INCLUDING BUT NOT LIMITED TO LATE REPORT BY DEVELOPERS OR REPRESENTATIVES (OR NO REPORT AT ALL) OF ANY ISSUES WITH THE SUPPORTED BLOCKCHAINS INCLUDING FORKS, TECHNICAL NODE ISSUES, OR ANY OTHER ISSUES HAVING FUND LOSSES AS A RESULT.
17. LIMITATION OF LIABILITY
YOU UNDERSTAND AND AGREE THAT WE, OUR SUBSIDIARIES, AFFILIATES, AND LICENSORS WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES WHICH YOU MAY INCUR, HOWSOEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF PROFITS (WHETHER INCURRED DIRECTLY OR INDIRECTLY), LOSS OF GOODWILL OR BUSINESS REPUTATION, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR ANY OTHER INTANGIBLE LOSS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE AND ACKNOWLEDGE THAT OUR TOTAL, AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR ACCESS TO OR USE OF (OR YOUR INABILITY TO ACCESS OR USE) ANY PORTION OF THE SITE AND THE SMART CONTRACTS, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, IS LIMITED TO THE GREATER OF (A) THE AMOUNTS YOU ACTUALLY PAID US UNDER THESE TERMS IN THE TWELVE (12) MONTH PERIOD PRECEDING THE DATE THE CLAIM AROSE, OR (B) ONE HUNDRED (100) US DOLLAR. YOU AGREE AND ACKNOWLEDGE THAT WE HAVE MADE THE SITE AND THE SMART CONTRACTS AVAILABLE TO YOU AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET HEREIN, WHICH REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN THE PARTIES AND FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN US. WE WOULD NOT BE ABLE TO PROVIDE THE SITE AND THE SMART CONTRACTS TO YOU WITHOUT THESE LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND SOME JURISDICTIONS ALSO LIMIT DISCLAIMERS OR LIMITATIONS OF LIABILITY FOR PERSONAL INJURY FROM CONSUMER PRODUCTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO PERSONAL INJURY CLAIMS.
18. ASSUMPTION OF RISK
You accept and acknowledge each of the following: A. The prices of blockchain assets are extremely volatile. Fluctuations in the price of other digital assets could materially and adversely affect the value of your NFTs, which may also be subject to significant price volatility. We cannot guarantee that any purchasers of NFTs will not lose money. B. You are solely responsible for determining what, if any, taxes apply to your NFT-related transactions. KNOBS S.r.l. is not responsible for determining the taxes that apply to your transactions on the Site or the Smart Contracts. C. 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 KNOBS S.r.l. will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using any blockchains, however caused. D. A lack of use or public interest in the creation and development of distributed ecosystems could negatively impact the development of the Bilinear ecosystem, and therefore the potential utility or value of NFTs E. The regulatory regime governing blockchain technologies, cryptocurrencies, and tokens is uncertain, and new regulations or policies may materially adversely affect the development of the Bilinear ecosystem, and therefore the potential utility or value of any NFTs. F. You understand that you are responsible for any fees related to use of the Service, including for actions you take on the blockchain, regardless of whether a successful transaction occurs, and that such fees are final and irreversible. G. There are risks associated with purchasing items associated with content created by third parties through peer-to-peer transactions, including but not limited to, the risk of purchasing counterfeit items, mislabelled items, items that are vulnerable to metadata decay, items on smart contracts with bugs, and items that may become untransferable. You represent and warrant that you have done sufficient research before making any decisions to sell, obtain, transfer, or otherwise interact with any NFTs or accounts/collections. H. We do not have ownership or control of the smart contracts deployed by third parties, and are not responsible and make no guarantees regarding their operation and functionality. I. We do not control the public blockchains that you are interacting with and we do not control certain smart contracts and protocols that may be integral to your ability to complete transactions on these public blockchains. Additionally, blockchain transactions are irreversible and Bilinear has no ability to reverse any transactions on the blockchain. L. The Service relies on third-party platforms and/or vendors. If we are unable to maintain a good relationship with such platform providers and/or vendors; if the terms and conditions or pricing of such platform providers and/or vendors change; if we violate or cannot comply with the terms and conditions of such platforms and/or vendors; or if any of such platforms and/or vendors 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. M. Bilinear reserves the right to hide collections, contracts, and items affected by any of these issues or by other issues. Items you purchase may become inaccessible on Bilinear. Under no circumstances shall the inability to view items on Bilinear or an inability to use the Service in conjunction with the purchase, sale, or transfer of items available on any blockchains serve as grounds for a claim against Bilinear. N. If you have a dispute with one or more users, YOU RELEASE US FROM CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. IN ENTERING INTO THIS RELEASE YOU EXPRESSLY WAIVE ANY PROTECTIONS (WHETHER STATUTORY OR OTHERWISE) THAT WOULD OTHERWISE LIMIT THE COVERAGE OF THIS RELEASE TO INCLUDE THOSE CLAIMS WHICH YOU MAY KNOW OR SUSPECT TO EXIST IN YOUR FAVOR AT THE TIME OF AGREEING TO THIS RELEASE.
By agreeing to these Terms and accessing the Service, you agree, to the fullest extent permitted by applicable law, to indemnify, defend, and hold harmless KNOBS S.r.l., 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 “KNOBS S.r.l. Parties”), from and against all actual or alleged claims, damages, awards, judgments, losses, liabilities, obligations, taxes, 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, NFTs, or content linked to or associated with any NFTs (b) any Feedback you provide, (c) your violation or breach of any term of these Terms or applicable law, and (d) your violation of the rights of or obligations to a third party, including another user or third party, (e) your negligence or wilful misconduct, and (f) any overt harmful act toward any other use of the Site and the Smart Contracts with whom you connected via the Site and the Smart Contracts . You agree to promptly notify Bilinear of any Claims and cooperate with the Bilinear Parties in defending such Claims. You further agree that the Bilinear Parties shall have control of the defense or settlement of any Claims. THIS INDEMNITY IS IN ADDITION TO, AND NOT IN LIEU OF, ANY OTHER INDEMNITIES SET FORTH IN A WRITTEN AGREEMENT BETWEEN YOU AND BILINEAR.
20. USER DATA
21. MODIFICATION OF THE SERVICE
We reserve the right in our sole discretion to modify, suspend, or discontinue, temporarily or permanently, the Service (or any features or parts thereof) at any time and without liability as a result.
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.
All sections which by their nature should survive the termination of these Terms shall continue in full force and effect subsequent to and notwithstanding any termination of these Terms by Bilinear or you. Termination will not limit any of Bilinear’s other rights or remedies at law or in equity.