Digital Collectibles Terms of Use

Last Revised on March 23rd, 2023

The BARKSCHAIN Digital Collectibles feature(s) (“Collectibles Service”), allows Collectible Creators and/or Collectible Owners to connect Wallets and to share Digital Collectibles whose ownership is associated with those Wallets and/or receive access to gated content where Digital Collectibles may be required on BARKSCHAIN.

These Collectibles Terms (“Terms”) govern your use of the Collectibles Service and supplement and amend all other terms, conditions, and policies incorporated therein, including the BARKSCHAIN Terms of Service (collectively, the “BARKSCHAIN Terms”). The Collectibles Service is part of the “LYNQZ Products” provided to you by LYNQZ, LLC. (“LYNQZ”), and your use of the Collectibles Service is deemed part of your use of LYNQZ Products and the BARKSCHAIN Service. In the event of any express conflict between these Terms and the BARKSCHAIN Terms, these Terms will govern solely with respect to your use of the Collectibles Service and solely to the extent of the conflict. By using the Collectibles Service, you agree to these Terms.

Definitions. The following definitions apply to these Terms:

  • “Content” means materials, art, design, drawings, music, data, game data, or other assets (in any form or media, including, without limitation, video or images).
  • “Digital Collectible” means a copy of the Content that was minted as or associated with an NFT, which may be used and displayed via the Collectibles Service by the Collectible Owner or Collectible Creator.
  • “Collectible Creator” means the creator of a Digital Collectible.
  • “Collectible Owner” means a current owner of a Digital Collectible, whose ownership of the Digital Collectible is reflected in an NFT on a blockchain.
  • “NFT” means a non-fungible token or similar cryptographic asset implemented on a blockchain, which may use smart contracts to link to, record ownership of, or otherwise be associated with, certain Content or other data.
  • “Wallet” means a digital wallet that allows you to access blockchain assets, including cryptocurrencies and/or NFTs. This includes those offered by third-parties, such as Metamask, Rainbow and Trust Wallet.
  1. Wallet Linking
    1. Access and use of certain portions of the Collectibles Service may require you to connect your applicable Wallet to your BARKSCHAIN account. You are solely responsible for keeping your Wallet and any private keys and seed recovery phrase necessary to decrypt your Wallet secure and you should never share your private keys or seed recovery phrase with anyone else, including through BARKSCHAIN. We do not have the ability to recover lost private keys or seed recovery phrase for your Wallet and shall not be responsible for any loss of access to the Collectibles Service and any associated Digital Collectibles resulting from lost private keys.
    2. When you connect a Wallet to your BARKSCHAIN account, you agree that you continue to use that Wallet under the terms and conditions and privacy policies of the applicable provider of the Wallet. We have no custody or control over the contents of any Wallet, including any Digital Collectibles, and no ability to retrieve or transfer any contents. Your use of any Wallet is solely at your own risk. To the fullest extent permitted by law, we accept no responsibility for, or liability to, you, in connection with your use of any Wallet (including with respect to the contents of any Wallet), and, to the fullest extent permitted by law, make no representations or warranties regarding how or whether the Collectibles Service or any of our other services will operate with any specific Wallet, or with any specific blockchain.
  2. Use of Collectibles Service
    1. We use blockchain-based technology to track ownership and history of any NFT associated with a Digital Collectible at our discretion, such as to evaluate whether the ownership and any creation credit of a Digital Collectible is accurately listed on the Collectibles Service. Given a Digital Collectible is associated with an NFT that has been minted on a blockchain, once committed to the blockchain, such NFT is not designed to be edited or changed (although we make no guarantees or warranties as to the foregoing). Unlike cryptocurrencies and other fungible digital assets, NFTs are not used to make payments and are not mutually interchangeable. These design features limit the usefulness of NFTs as a form of payment or substitute of currency.
    2. We do not commit to any obligation to (i) review, audit, police, or monitor any smart contracts underlying any third party NFTs, or (ii) validate or confirm ownership or the creation origin of any NFTs. We do not guarantee that your NFTs will be able to be used as a Digital Collectible on the Collectibles Service or otherwise be compatible with the Collectibles Service. To the fullest extent permitted by law we make no representations, warranties or guarantees with respect to any Digital Collectibles made available via the Collectibles Service. To the fullest extent permitted by law, we will not be liable or responsible to you if you are unable to use your NFT as a Digital Collectible on the Collectibles Service and/or if you cannot successfully connect your Wallet(s) with the Collectibles Service. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE ACCEPT NO RESPONSIBILITY FOR, OR LIABILITY TO YOU FOR ANY LOST PROFITS, REVENUES, INFORMATION OR DATA, OR CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE, OR INCIDENTAL DAMAGES ARISING OUT OF OR RELATED TO THE COLLECTIBLES SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
    3. You are solely responsible for your use of the Collectibles Service, including compliance with all laws, rules and regulations applicable to your use of the Collectibles Service. Without limiting the foregoing, you will comply with all United States and applicable non-US trade sanctions laws (“Sanctions Laws”) in your use of the Collectibles Service. You represent and warrant that you are not prohibited by Sanctions Laws from using the Collectibles Service and that you will not use the Collectibles Service in a manner that could violate Sanctions Laws. If you are prohibited from using the Collectibles Service under Sanctions Laws, agreeing to these terms does not represent entering into an agreement with us; even if you click “agree,” below, this agreement is null and void.
    4. Without limiting the Online Terms, you represent and warrant that you have all rights necessary to distribute, copy, publicly display, publicly perform, and/or otherwise use the Digital Collectible and any related Supplemental Data (defined below) in connection with your use of the Collectibles Service, and that by posting or displaying the Digital Collectible in connection with your use of the Collectibles Service, you are: (i) complying with any terms and conditions of any agreement between you and any other person or entity who holds any applicable rights in the Content associated with such Digital Collectible, or any other third party terms and conditions which you may be subject to, such as the applicable terms and conditions of the platform used to mint the NFT or host the Content associated therewith; (ii) not infringing on the personal, property, privacy, intellectual property rights or any other rights of any third party; (iii) complying with the Online Terms including the BARKSCHAIN Community Guidelines.
    5. By providing the Collectibles Service, we are NOT acting as an exchange, broker, financial institution or creditor, nor are we providing any form of financial or other regulated service to you. The following activities are prohibited in relation to the Digital Collectible when using the Collectibles Service, and you agree that you will not use the Collectibles Service or the Digital Collectible available through the Collectibles Service to do any of the following: (i) carry out any financial activities subject to registration or licensing, including but not limited to creating, listing, offering, disposing of or buying securities, commodities, options, real estate, debt instruments, derivatives, interest in a managed investment scheme or other financial product, and (ii) to participate in fundraising for a business, protocol, or platform, including but not limited to creating, listing or buying assets that are financial products or redeemable for financial instruments, assets that give owners’ rights to participate in an initial coin offering or any securities offering (or offering of any other financial product), or assets that entitle owners to a rate of return or other financial rewards, including but not limited to, decentralized finance yield.
    6. Certain features of the Collectibles Service are only available to the Collectible Owner and Collectible Creator of a Digital Collectible. If you sell, trade, donate, give away or otherwise transfer ownership of your Digital Collectible, then you may not be able to access such features for such Digital Collectible.
    7. Subject to applicable privacy laws and our policies, if you provide (or allow us to access) any data, content, or other information (e.g. NFT metadata) in connection with your use of the Collectibles Service (collectively, “Supplemental Data”), then, to the fullest extent permissible by applicable law, without limiting the Online Terms, you grant us (including the LYNQZ Company Products) a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use such Supplemental Data to the extent required to provide and improve our Products and services, including in connection with the operation of the Collectibles Service. This license will end if and when your Supplemental Data is deleted from our systems. This license survives even if you stop using the Collectibles Service or once you sell or transfer an NFT associated with a Digital Collectible. You are responsible for obtaining the necessary rights from all applicable rights holders to grant this license.
    8. To the extent we collect and use information about you in order to provide the Collectibles Service, our policies apply to your use of the Collectibles Service and explains how we collect, use, and share information, including across the LYNQZ Products.
  3. Our Rights
    1. We reserve the right to (i) review, remove or refuse to post any Content, including any Digital Collectibles, on our platform if we believe in our reasonable discretion that the Content violates the Online Terms including the BARKSCHAIN Community Guidelines, or any other policies, laws rules or regulations that are applicable to the Content; and (ii) to take any action we deem necessary or appropriate if we believe (acting reasonably) that any Content or Digital Collectibles or connection of any Wallet to BARKSCHAIN violates these Terms, infringes the rights of others, and/or could create liability or adverse legal or regulatory implications for us or for other users. All Digital Collectibles shown in the Collectibles Service are subject to our copyright and intellectual property policies.
    2. We can terminate or suspend your use of the Collectibles Service or disassociate your Wallet(s) from the Collectibles Service, at any time in our sole discretion and we also may change, modify or stop offering the Collectibles Service (or features, navigation, appearance, functionality and other elements of the Collectibles Service, or any aspect, portion or feature thereof) in our sole discretion. If we do so, and if we determine in our sole discretion that this will have a detrimental impact on you, we will endeavor to provide you with notice prior to any such actions, unless we are not reasonably able to provide you with prior notice (in which case, we will notify you as soon as practicable). TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR TERMINATING OR SUSPENDING YOUR USE OF THE COLLECTIBLES SERVICE, FOR DISASSOCIATING YOUR WALLET(S) FROM THE COLLECTIBLES SERVICE, FOR THE DISCONTINUATION OF THE COLLECTIBLES SERVICE, FOR THE REMOVAL OF OR DISABLING ACCESS TO CONTENT, OR FOR THE WITHDRAWAL OF CONTENT OR THE COLLECTIBLES SERVICES.
  4. Miscellaneous
    1. You agree to receive electronic service communications regarding your use of the Collectibles Service and other related topics. You also agree to receipt of such communications through BARKSCHAIN posts or messages, via the website, social media accounts, email address provided to us, or by mail at the street address that you provided to us. Website, social media and email notices shall be deemed received by you within 24 hours of the time posted or sent; notices by mail shall be considered received within three (3) business days of the date sent.
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