Cuckoo Terms of Service

1.Introduction Welcome to CuCkoo, owned and operated by CuCkoo ("CuCkoo", "we", "us" or "our"). These Terms of Service ("Terms") govern your access to and use of the CuCkoo website, our API, mobile applications ("Apps"), and any live support, software, tools, features or functionality. In connection with our Services; including, but not limited to, using our Services to view, explore, help showcase, and create NFTs, as well as, at your discretion, using our tools to connect directly with others to mint, buy, sell, or transfer NFTs on the public blockchain (collectively, the "Services"). For the purposes of these Terms, "NFT" means an irreplaceable token or similar digital item implemented on a blockchain (such as the Ether blockchain) that is linked to or otherwise associated with certain content or data using a smart contract.

For the purposes of these Terms, "User," "you," and "your" refer to you as a user of the Services. If you are using the Services on behalf of a company or other entity, "you" includes both you and that entity, and you represent and warrant that (a) you are an authorised representative of that entity and have the authority to bind that entity to these Terms, and (b) you agree to these Terms on behalf of that entity.

Please read these Terms of Service carefully because they contain important information and affect your legal rights. As described in Section 16 below, they include a mandatory arbitration agreement and class action waiver, which (with limited exceptions) requires that any dispute between us be resolved by individual arbitration rather than by a judge or jury in a court of law.

By clicking to accept, sign and/or use our Services, you agree to be bound by these Terms and all terms incorporated herein by reference. If you do not agree to these Terms, you may not access or use the Service.

CuCkoo is not a wallet provider, digital currency exchange, broker, dealer, financial institution, payment processor, money service business, or creditor. cuCkoo provides a peer-to-peer web3 service for gaming that enables game developers to publish game items to the public blockchain and cast them as NFTs that can be directly interacted with, and game items published to the public blockchain are made available for gamers to CuCkoo is not involved in any way.

CuCkoo is not a party to any agreement between any users. You are solely responsible for verifying the identity, legitimacy, and authenticity of NFTs you purchase from third party sellers using the Service, and we make no representations, warranties, or recommendations as to the identity, legitimacy, functionality, or authenticity of the Users or the NFTs (as well as any content associated with such NFTs) visible on the Service.

Due to the increasing number of services we offer, it is sometimes necessary for us to provide additional terms for specific services (such services are considered part of the Services under this Agreement and are subject to these terms). These additional terms and conditions will become part of the agreement between you and us if you use the relevant Service. In the event of a conflict between these Terms and any additional applicable terms we may provide for a particular Service, such additional terms shall prevail for that particular Service.

CuCkoo reserves the right to change or modify these Terms at any time in its sole discretion. If we make material changes to these Terms, we will use reasonable efforts to provide notice of such changes, such as by providing notice through the Services or by updating the "last updated" date at the beginning of these Terms. By continuing to access or use the Services, you acknowledge your acceptance of the revised Terms and all terms incorporated by reference, effective as of the date these Terms are updated. It is your responsibility to review the Terms from time to time to review such changes and to ensure that you are aware of the terms and conditions applicable to your access to or use of the Services.

2.Access to the Services As with much of web3, you will need to register for an account using your email address or your blockchain address to act as your identity on CuCkoo. As a result, 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; however, if you would like to add some personality to your CuCkoo persona, you may add additional information to your Account, such as a profile picture.

Your account on CuCkoo will be associated with the blockchain address to which you are linked, and will display the NFTs for that blockchain address (as well as any content associated with such NFTs, if applicable). By using a wallet associated with the Services, you agree to use that wallet in accordance with the terms and conditions of the applicable wallet provider. Wallets are not operated, maintained or affiliated with CuCkoo, and CuCkoo does not have custody or control over the contents of your wallet, nor can it retrieve or transfer its contents.CuCkoo disclaims any liability related to your use of a wallet, and makes no representations or warranties as to how the Services may operate on any particular wallet. You are solely responsible for keeping your Wallet secure, and you should not share your Wallet credentials or mnemonic with anyone. If you notice a problem with your wallet, please contact your wallet provider. Again, 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 any theft of your Account or Wallet. You agree to notify us immediately if you become aware of, or suspect, any security issues related to the Services or your account (you can contact us here).

You also represent and warrant that you will comply with all applicable laws (e.g., local, state, federal, and other laws) in connection with your use of the Services. In order to comply with our legal obligations and to ensure the security of our users and the Platform, we may need to restrict, suspend or terminate your access to the Services. You acknowledge that CuCkoo is under no obligation to disclose the details of its decision to take such action with you.

Without limiting the foregoing, by using the Service, you represent and warrant that (a) you are not located in, ordinarily reside in, or organised under the legal jurisdiction of, any jurisdiction that is subject to a general embargo by the U.S. Government ("Embargoed Jurisdiction"). ("Embargoed Jurisdictions"); (b) you are not subject to any sanctions imposed by an agency of the United States Government, any other government, or the United Nations (collectively, "Sanctions"); (c) you are not owned or controlled, directly or indirectly, by any person subject to the Sanctions, or are located in, domiciled in, or organised under the laws of any Embargoed Jurisdiction; (d) you are not a member of the United States Government or any person who is subject to the Sanctions. jurisdiction's laws; (d) none of your officers, managers, directors, shareholders or authorised representatives is sanctioned or located in, ordinarily resident in, or organised under the laws of, any Embargoed Jurisdiction or is owned or controlled, directly or indirectly, by any person subject to sanctions or is located in, ordinarily resident in, or organised under the laws of, any Embargoed Jurisdiction; or organised under the laws of such jurisdiction; (e) you have not and will not deal with any person or entity falling within any of (a)-(d); and (f) you have not and will not deal for the benefit of any person or entity falling within any of (a)-(d). You further covenant that the foregoing is true throughout the term of this Agreement. If you access or use the Service from outside the United States, you are solely responsible for ensuring that your access to and use of the Service in such country, territory or jurisdiction does not violate any applicable law.

In some instances, CuCkoo may require you to provide additional information and documentation, such as in response to a request from any government agency, as required by any applicable law or regulation, to provide you with the requested Service, or to investigate a possible violation of these Terms. In such cases, CuCkoo may, in its sole discretion, disable your account and block your ability to access the Services until such additional information and documentation is processed by CuCkoo. If you do not provide complete and accurate information in response to such a request, CuCkoo may refuse to restore your access to the Services.

Your access to and use of the Services may be interrupted from time to time for a variety of reasons, including, but not limited to, equipment malfunction, periodic updates, maintenance or repairs to the Services, geographic limitations, possible violations of these Terms, or other actions that CuCkoo, in its sole discretion, may choose to take. You understand that CuCkoo may, in its sole discretion, disable your account and/or reassign your username or associated URL.

We require all users to be at least 18 years of age. If you are 13 years of age or older but under 18 years of age, you may use CuCkoo only through an account with, and under the approval and supervision of, a parent or guardian, who is responsible for your use of that account. If you are under the age of 13, you are prohibited from using our Services.

3.Ownership The Services, including their "look and feel" (e.g., text, graphics, images, logos, page headers, button icons, URLs, and scripts), proprietary content, information, and other materials, as well as all content and other materials contained therein, including, but not limited to, the CuCkoo logo and all designs, text, graphics, pictures, data, software, sound files, other files, and the selection and arrangement thereof are the sole property of CuCkoo or our affiliates, licensors or users, as follows: applicable, and you agree not to take any action inconsistent with such proprietary interest. We and our affiliates, licensors, and users, as applicable, retain all rights related to the Service and its content, including, but not limited to, the exclusive right to create derivative works.

CuCkoo's name, logos, trademarks, and any CuCkoo product or service names, designs, logos and slogans are the intellectual property of CuCkoo or our affiliates or licensors and may not be copied, imitated, or used, in whole or in part, without our permission. In each case prior written permission is required. You may not use any meta tags or other "hidden text" utilising "CuCkoo" or any other name, trademark or product or service name of CuCkoo or our affiliates or licensors without our prior written permission. In addition, the "look and feel" of the Services constitutes CuCkoo's service marks, trademarks or trade dress 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 in the Services or contained in any NFT links or related content displayed on the Services 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 product, service, process or other information by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by CuCkoo.

We welcome feedback, comments and suggestions for improving the Services ("Feedback"). You acknowledge and expressly agree that the contribution of any Feedback does not and will not grant you any right, title or interest in or to the Services or any such Feedback. You agree that CuCkoo may use and disclose the Feedback in any manner and for any purpose without further notice or compensation to you, and that you retain no proprietary or other rights or claims. You hereby assign to CuCkoo any and all rights, title and interest (including, without limitation, any patents, copyrights, trade secrets, trademarks, demos, know-how, moral rights, and any and all other intellectual property rights) in and to any and all Feedback that you may have.

CuCkoo does not own, have custody or control of NFTs or smart contracts deployed by third parties. The creators of these NFTs or Smart Contracts are solely responsible for their operation and functionality.

4.Licence to access and use our Services and Content You are hereby granted a limited, non-exclusive, non-transferable, non-sub-licensable, personal licence to access and use the Services, subject to your compliance with these Terms. If any software, content or other materials owned, controlled or licensed to us are distributed or made available to you as part of your use of the Services, we hereby grant you a non-commercial, personal, non-transferable, non-sublicensable, non-transferable, non-exclusive right and licence to access and display such software, content and materials made available to you as part of the Services (as well as to download single copies of the Application to your applicable website). single copy to your applicable device or devices), in each case for the sole purpose of enabling you to use the Services in the manner permitted by these Terms, provided that your licence in any content linked or associated with any NFT is solely as set forth by the applicable seller or creator of such NFT. NFT.

5.third party content, agreements and services As a peer-to-peer web3 service, CuCkoo helps you explore NFTs created by third parties and interact with different blockchains.CuCkoo makes no representations or warranties about third-party content visible through our Services, including any content associated with NFTs displayed on the Services, and it is your responsibility to verify the legality, authenticity, and legitimacy of NFTs that you purchase from third parties. . party seller. - Party Seller. We also cannot guarantee that any NFT visible on CuCkoo will always remain visible and/or available for purchase, sale or transfer. Users are solely responsible for any content associated with their NFTs.

These Terms govern the use of our Services only.NFTs may be used on public blockchains, purchased, sold or transferred directly between Buyers, Sellers and/or Creators and may be purchased, sold or transferred by Buyers, Sellers and/or Creators without the use of our Services and therefore without agreeing to our Terms. Terms and conditions regarding NFTs, including the use of NFT Content and the rights and obligations associated with a given NFT, may be established directly between Buyers, Sellers and/or Creators that apply to the NFT itself ("NFT Terms"). For example, when you click for more detailed information about any NFT or collection of NFTs visible on CuCkoo or to view NFT metadata, you may notice a third-party link to the NFT Terms governing the use of NFTs, which you are required to comply with. CuCkoo does not make the NFT Terms and is not a party to any such NFT Terms, which are only applicable to buyers, sellers and/or creators of NFTs. CuCkoo does not create NFT Terms and is not a party to any such NFT Terms, which are only between the Buyer, Seller and/or Creator. Buyer, Seller and/or Creator are solely responsible for communicating, enacting, agreeing to, and enforcing the NFT Terms. It is your responsibility to review such NFT Terms.

Seller is solely responsible for determining and fixing the price of the NFT, including any applicable taxes. In addition, to the extent applicable, they are solely responsible for the number of NFTs minted and the minting mechanism for the NFTs they sell.

For its services, CuCkoo may charge a fee.CuCkoo does not set, collect, or determine other applicable costs, fees, and expenses associated with the purchase or sale of NFTs, including, but not limited to, any creator revenue, gas, or transaction fees. These costs, fees and expenses are paid directly to the Seller, Creator, Payment Processor, Blockchain Validator, or other third party, as applicable. Since CuCkoo does not receive these costs, fees and expenses, they are not refundable.

The Service may also contain links or features to access or use third-party websites ("Third Party Sites") and applications ("Third Party Applications"), or otherwise display, contain, or make available content, data, information, services from third parties, applications or materials ("Third Party Materials"). When you click on a link to a Third Party Website or Third Party Application or access and use a Third Party Website or Third Party Application, you are subject to the terms and conditions (including the Privacy Policy) of the other website or destination, even though we may not warn you that you have left our Services. Such third-party websites, third-party applications and third-party materials are not under the control of CuCkoo and may be "open" applications for which no recourse is available. CuCkoo provides links to these Third Party Sites and Third Party Applications only as a convenience and does not review, approve, monitor, endorse, warrant or guarantee the Third Party Sites or Third Party Applications or their products or services or related Third Party Materials. Your use of all links in Third Party Sites, Third Party Applications and Third Party Materials is at your own risk.

6.User Behaviour Openness is one of our most cherished values, and we are committed to providing a colourful view of web3 to people from all walks of life and levels of experience with different blockchains. However, in order to protect our community and comply with our legal obligations, we reserve the right to take action, with or without prior notice, if we unilaterally believe that you have breached these Terms or that you may be using our services for illegal activities. This may include: removing or restricting the ability to view or interact with certain NFTs; disabling or restricting the ability to use the Services (or certain aspects of the Services); and/or other actions.

You agree that you will not violate any legal, contractual, intellectual property or other third-party rights, and that you are solely responsible for your actions and content in connection with your use of the Service. You also agree that you will not:

Use or attempt to use another user's account without that user's authorisation; Impersonate any other person or entity, or use a wallet to conduct transactions on CuCkoo that are owned or controlled, in whole or in part, by any other person; Soliciting CuCkoo usernames for the purpose of reselling, confusing others, obtaining the goodwill of others, or otherwise engaging in domain name squatting; Accessing the Services from a different blockchain address if we have blocked access to the Services from any of your other blockchain addresses, unless you have first obtained our written permission to do so; Spreading spam, including sending unwanted NFTs to other users; Use the Services (including by transmitting any software or interacting with any APIs) that may in any way damage, disable, overburden or impair the functionality of the Services; Bypass or ignore instructions that control access to the Services, including attempting to circumvent any rate limiting systems, direct traffic through multiple IP addresses, or otherwise obfuscate the source of traffic you send to CuCkoo; Use our Services, including our APIs, in any manner that conflicts with our Developer Policy; Use our Services for commercial purposes that do not comply with these Terms or any other instructions; Use any data mining, robots, spiders, crawlers, crawling tools, scripts, browser extensions, offline readers, or other automated means or interfaces not authorised by us to access the Services, extract data, or otherwise interfere with or modify the presentation or functionality of the Services pages; Reverse engineer, copy, decompile, disassemble or decode any aspect of the Services, or perform any measures that could lead to the discovery of source code or the bypassing or circumvention of any services, areas or code used to block or restrict access to the Services; Sell or resell the Services or attempt to circumvent any CuCkoo fee system; Engage in conduct that has the intent or effect of artificially causing an item or collection to appear in a particular area of CuCkoo's website or at the top of search results, or artificially increasing the display or sorting of items, collections, or search results by actions that CuCkoo may use to increase views, favourites, or other metrics; Use the Service or data collected from our Service for any advertising or direct marketing campaigns (including, but not limited to, email marketing, SMS marketing and telemarketing); Use the Services, directly or indirectly, for or in connection with money laundering, terrorist financing or other illegal financial activities, or in any way that violates any law or regulation applicable to you or CuCkoo; use the Services, directly or indirectly, for the purpose of, on behalf of, or in connection with: (a) any natural or legal person subject to sanctions; (b) any natural or legal person located in, ordinarily resident in, or organised under the laws of, any embargoed jurisdiction; (c) any natural or legal person organised directly by any natural or legal person located in, ordinarily resident in, or organised under the laws of, any embargoed jurisdiction; (d) any natural or legal person organised directly by any natural or legal person located in, ordinarily resident in, or organised under the laws of any embargoed jurisdiction. (c) any legal person owned or controlled, directly or indirectly, by any natural or legal person located in or ordinarily resident in any embargoed jurisdiction or organised under the laws of such jurisdiction. Use the Service for any financial activity that requires registration or licensing, including but not limited to the creation, issuance, sale or purchase of securities, commodities, options or debt instruments; Use the Service to create, sell or purchase NFTs or other items that entitle the owner to participate in an ICO or any issuance of securities, or that are convertible into securities, commodities or other financial instruments; Use the Service to engage in price fixing, fraud or other deceptive, misleading or manipulative activities; Use the Service to buy, sell or transfer stolen items, fraudulently obtained items, items taken without authorisation and/or any other illegally obtained items; Infringing or violating the intellectual property rights or any other rights of others; Creating, displaying, buying or selling illegal content, such as content that may involve the sexual exploitation of children; Creating or displaying NFT or other items that promote suicide or self-mutilation, incite hatred or violence against others, or conduct human searches of others; Use the Services for any illegal or unauthorised purpose, including creating or displaying illegal content, such as content that may involve the sexual exploitation of children, or encouraging or promoting any activity that violates the Terms of Service; Use the Service with purses derived from or used to engage in illegal activities; Using the Service in any way that may interfere with, disrupt, negatively impact or prevent other users from fully enjoying the Service. We allow Users to post "Not Safe For Work" ("NSFW") content, provided that the content and other related materials are labelled as NSFW and may be treated differently in navigation menus and search results than non-NSFW content.

Finally, by using the Service, you will learn about the importance of DYOR - conducting your own research. You are solely responsible for verifying the authenticity, legitimacy, identity and other details of any NFT, collection or account you view or otherwise interact with on our Services. We make no representations, warranties or recommendations as to the identity, legality or authenticity of any NFT, collection or account on the Services.

7.Intellectual Property Rights You are solely responsible for the use of the Services and any information you provide, including compliance with applicable laws, rules and regulations and these Terms, including the user conduct requirements described above.

By using the Services in conjunction with creating, submitting, posting, promoting or displaying content, or by complying with CuCkoo's metadata standards in your metadata API responses, you grant us a worldwide, non-exclusive, sub-licensable, royalty-free licence to use, reproduce, modify, and display any content you submit or post on or through the Site, including, but not limited to, text, materials, images, documents, communications, comments, feedback, suggestions, ideas, concepts, questions, data or other content Services for our current and future business purposes, including providing, promoting and improving the Services. This includes any digital files, artwork or other materials linked or associated with any NFT displayed on the Services.

CuCkoo does not claim that submitting, posting or displaying such content on or through the Service gives CuCkoo any ownership rights in that content. We are not claiming that we own it. We are simply saying that we may use it and display it.

You represent and warrant that you own or have obtained all rights, licences, consents, permissions, permissions, powers and/or authorisations necessary to grant the rights conferred by any Content you create, submit, post, advertise or display on or through the Services.

You are solely responsible for the content and metadata associated with the NFT and Digital Projects you create. You represent and warrant that such Content does not contain material protected by copyright, trademark, right of publicity or other intellectual property rights, unless you have the necessary licences or are otherwise legally entitled to publish such material and grant CuCkoo the above licences and the Content does not violate any law.

CuCkoo will remove works pursuant to a Digital Millennium Copyright Act ("DMCA") takedown notice and/or other claims of intellectual property infringement and will terminate a user's access to the Services if it is determined that the user is a repeat infringer. If you believe that your content has been copied in a way that constitutes copyright or trademark infringement, or violates your right of publicity or other intellectual property rights, please send a written notice to our email address:

Email: [e-mail]

In order for us to process your claim of copyright infringement relating to the content of the Services, you must be the rights holder or a person authorised to act on behalf of the rights holder. We encourage you to use our form to help ensure that your notice contains the necessary information. If you choose to write to us by email or physical mail, your notice must include:

Identification of the copyrighted work, trademark, image right, or other intellectual property right that you claim has been infringed; Identification of the allegedly infringing material that is claimed to have been removed, including a description of the specific location (i.e., URL) on the Service where the material that is claimed to be infringing is located so that we may locate it; Your contact information - at a minimum, your full legal name (not a pseudonym) and email address; A statement containing all of the following: A statement that you have a good faith belief that use of the material in the manner complained of is not authorised by the owner of the intellectual property, its agent, or the law A statement that the information in the notice is accurate; and A statement that you are authorised, under penalty of perjury, to act on behalf of the intellectual property owner whose intellectual property is allegedly infringed. Your physical or electronic signature (your full legal name). Please note that we will forward your notice of intellectual property infringement (including your contact information) to the party whose content is to be removed so that they are aware of why the content is no longer available on CuCkoo and can contact you to resolve any dispute.

8.Communication Preferences By creating an account, you agree to receive electronic communications from CuCkoo (e.g., via email, push notifications, text messages, or other types of messages). These communications may include notices about your account (such as transaction information) and are part of your relationship with us. We may also send you promotional information via email that we think will be of interest to you. You understand that you are not required to provide this consent as a condition of your use of the Services, and that you may opt out of these communications (with the possible exception of important service announcements and administrative messages) through the Services or mobile device operating systems by: following the unsubscribe instructions provided or through your account settings.

9.Application Terms You are responsible for providing the mobile device, wireless service plan, software, Internet connection and/or other equipment or services necessary to download, install and use the Application. We do not guarantee that the Application will be accessible and usable on any particular device or through any particular service plan. We do not guarantee that the App or Services will be available in any particular geographic location.

The following terms and conditions apply to you only if you use an application from the Apple App Store: If any other terms and conditions of these Terms are less restrictive than the terms and conditions in this paragraph or conflict with the terms and conditions in this paragraph, the more restrictive or conflicting terms and conditions in this paragraph apply, but only to your use of an application from the Apple App Store. You acknowledge and agree that these terms and conditions apply only to your use of applications from the Apple App Store. You acknowledge and agree that these terms and conditions are solely between you and CuCkoo, not Apple, and that Apple is not responsible for the Application or its content. Your use of the Application is subject to the applicable terms of use of the App Store. You acknowledge that Apple has no obligation to provide any maintenance and support services in connection with the Application. If the Application fails to comply with any applicable warranty, you may notify Apple and Apple will refund to you the purchase price of the Application, if any. To the fullest extent permitted by applicable law, Apple has no other warranty obligations with respect to the Application, and any other claims, losses, liabilities, damages, costs or expenses resulting from a failure to comply with any warranty will be governed separately. under these terms. You acknowledge that Apple is not responsible for resolving any claims by you or any third party relating to the Application or your possession and/or use of the Application, including, without limitation, (a) product liability claims, (b) any claims alleging that the Application does not comply with any applicable legal or regulatory requirements, and (c) claims under consumer protection or similar legislation. You acknowledge that CuCkoo (and not Apple) will be solely responsible for investigating, defending, settling, and discharging any claim by any third party that the Application, or your possession and use of the Application, infringes that third party's intellectual property rights. any such intellectual property infringement claims to the extent required by these Terms. By using the Application, you must comply with the terms of the applicable third party agreement. You acknowledge and agree that Apple and Apple's subsidiaries are third party beneficiaries of these Terms as they relate to your use of the Application, and that upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary.

10.WARRANTIES By agreeing to these Terms and accessing the Services, you agree to indemnify, defend, and hold harmless CuCkoo and our respective past, present, and future employees, officers, directors, contractors, consultants, to the fullest extent permitted by applicable law. shareholders, suppliers, vendors, service providers, parents, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively, the "CuCkoo Parties") from and against all claims, damages, judgments, awards, judgements, losses, liabilities, obligations, taxes, penalties, interest, costs, expenses (including but not limited to, but not limited to, the costs and expenses of the CuCkoo Parties), whether actual or alleged. costs, expenses (including, without limitation, attorneys' fees and expenses) and costs (including, without limitation, court costs, settlement costs and expenses) sought to be indemnified and insured against), of any kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, ripe or unripe, or suspected or unsuspected, at law or in equity, whether in tort, contract or otherwise (collectively, the "Claims"). "Claims")"), including, without limitation, property damage or personal injury caused by, arising out of, or in connection with (a) your use or misuse of the Services, the Content, the NFT or the Links or related content (b) any Feedback provided by you, (c) any breach or violation by you of the Terms or of applicable law, and (d) your violation of any of the Terms, and (d) your breach of the rights or obligations of a third party (including other users or third parties), and (e) your negligence or wilful misconduct. You agree to notify CuCkoo immediately of any claim and to cooperate with the CuCkoo Parties in the defence of such claim. You further agree that the CuCkoo Parties shall have the right to control the defence or settlement of any claim. This indemnity is in addition to, and not in lieu of, any other indemnity set forth in a written agreement between you and CuCkoo.

11.Disclaimer of Liability Your access to and use of the Service is at your sole risk. you understand and agree that the service is provided on an "as is" and "as available" basis, and that cuCkoo expressly disclaims any warranties or conditions of any kind, express or implied. cuCkoo (and its suppliers) makes no representation that the service will: (a) meet your requirements; (b) be available to you; (c) be accessible to you on a timely basis; (d) be accessible to you at your own risk; (e) not be available to you at any time. CuCkoo (and its suppliers) makes no warranties or representations and assumes no liability as to whether the Services: (A) meet your requirements; (B) will be provided on an uninterrupted, timely, secure, or error-free basis; or (C) will be accurate, reliable, complete, lawful, or secure. CuCkoo disclaims all other warranties or conditions, whether express or implied, including, but not limited to, implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement. . CuCkoo shall not be liable for any damages of any kind resulting from any action taken or relied upon in connection with the materials or information contained in the Services. While CuCkoo attempts to ensure that your access to and use of the Services is secure, CuCkoo cannot and does not represent or warrant that any NFTS or any NFTS linked or associated with your use of our Services or your interaction with our Services, the Content, or the servers of the content providers are free of viruses or other harmful components. We cannot guarantee the security of any data you disclose online. no advice or information, whether oral or obtained from cuCkoo parties or through the services, will create any warranty or representation not expressly made herein. You accept the inherent security risks of providing information and transacting online via the Internet and will not hold CuCkoo liable for any breach of security.

We will not be responsible or liable to you for any loss and will not be liable for any use or loss of use of the NFTS, the Content and/or content linked or associated with the NFTS, and will not be liable to you for any liability whatsoever, including without limitation, any losses, damages, or claims arising out of: (A) user error, incorrectly constructed transactions, or incorrect address entry; (B) server (B) server failure or loss of data; (C) unauthorised access or use; and (D) any unauthorised third party activity, including, but not limited to, the use of viruses, phishing, brute force, or other means of attack against the Services or NFTS.

The NFTS exists only by virtue of the ownership records maintained in the associated blockchain (e.g., the Ethernet network). Any transfer or sale occurs on the associated blockchain (e.g., Ether), and CuCkoo and/or any other CuCkoo party has no ability to influence or otherwise control the transfer of ownership or rights in any NFTS or underlying or related content or items.

No CuCkoo Party will be liable for any ongoing loss or injury resulting from vulnerabilities or any type of failure or abnormal behaviour of the Software (e.g., wallets, smart contracts), the Blockchain, or any other feature of the NFTS. No CuCkoo Party shall be liable for any loss or injury caused by Developer's or Representative's late reporting (or failure to report at all) of any issues with the blockchain supporting the NFTS, including forks, technical node issues, or any other issues that cause loss or injury. Results.

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 You accept and acknowledge that:

The value of NFT is subjective. the price of NFT fluctuates and fluctuations in the price of cryptocurrencies can have a material adverse effect on the price of NFT. You acknowledge that you fully understand this subjectivity and volatility and that you may lose money. You understand that you are responsible for any fees associated with the use of the Services, including actions taken by you on the blockchain, whether or not the transaction is successful, and that such fees are final and irreversible. Lack of use or public interest in the creation and development of distributed ecosystems may negatively impact the development of those ecosystems and related applications, and therefore may negatively impact the potential utility of NFT. The regulatory regime governing blockchain technology, irreplaceable tokens, cryptocurrencies and other crypto-based projects is uncertain, and new regulations or policies could have a material adverse effect on the development of the Services and the utility of NFT. You are solely responsible for determining which taxes, if any, apply to your transactions and for withholding, collecting, reporting and paying the correct taxes to the appropriate taxing authorities.CuCkoo is not responsible for determining, withholding, collecting, reporting or remitting any taxes or fees applicable to your NFTs or sales/purchases of NFTs. There are risks associated with purchasing items through peer-to-peer transactions related to content created by third parties, including, but not limited to, purchasing counterfeit items, mislabelled items, items susceptible to metadata decay, items on smart contracts with incorrect risks, and items that may not be transferable. You represent and warrant that you have conducted sufficient research before making any decision to sell, acquire, transfer or otherwise interact with any NFT or account/collection. We have no ownership or control over smart contracts deployed by third parties, and assume no responsibility for their operation and functionality and provide no warranties. We do not control the public blockchains with which you interact or certain smart contracts and protocols that may be integral to your ability to complete transactions on those public blockchains. In addition, blockchain transactions are irreversible and CuCkoo cannot reverse any transactions on a blockchain. There are risks associated with the use of the Internet and blockchain-based products, including, but not limited to, risks associated with hardware, software and Internet connectivity, the risk of the introduction of malware, and the risk that third parties may have unauthorised access to your information. Third Party Wallets or Accounts. You accept and acknowledge that CuCkoo is not responsible for any communication failures, interruptions, errors, distortions or delays that you may experience while using the Service or any blockchain network, regardless of the cause. The Service relies on third party platforms and/or providers. If we are unable to maintain a good relationship with such platform providers and/or suppliers; if there are changes to the terms and conditions or pricing of such platform providers and/or suppliers; if we are in breach of, or unable to comply with, the terms and conditions of such platforms and/or suppliers; or, if any such platform and/or supplier loses market share or falls out of favour or is unavailable for an extended period of time, access to and use of the Service will affected. CuCkoo reserves the right to hide collections, contracts and items affected by any of these or other issues. Your purchases may not be accessible on CuCkoo. In no event shall the inability to view items on CuCkoo or to use the Services in conjunction with the purchase, sale or transfer of items on any blockchain be grounds for a claim against CuCkoo. 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 dispute. By signing this release, you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include claims that you may know or suspect to exist in your favour at the time you agree to this release.

13.Limitation of Liability To the fullest extent permitted by law, you agree that in no event shall CuCkoo or its service providers be liable to you or any third party (A) for any lost profits or any indirect, consequential, exemplary, incidental, special or punitive damages arising out of these Terms or the Services, the Products, or third party web sites and products, or related to lost revenues, lost profits, lost or anticipated savings from business , loss of use, loss of goodwill, or loss of data, and whether caused by strict liability or tort (including negligence), breach of contract, or otherwise, even if foreseeable and even if CuCkoo or its service providers have been advised of the possibility of such damages; and (B) any other claims, demands, or damages arising out of or in connection with the delivery, use, or performance of the terms of the service or damages. access to and use of the service, products or third party websites and products is at your sole discretion and risk, and you will be solely responsible for any resulting damage to your computer system or mobile device or loss of data.

Notwithstanding anything herein to the contrary, in no event shall CuCkoo's maximum aggregate liability arising out of or in any way related to these Terms exceed the greater of (A) $100 for access to and use of the Services, the Content, the NFTS, or any CuCkoo product or service or (B) the amount received by CuCkoo for services provided to you in direct connection with the item that is the subject of the claim. the greater of that amount. the foregoing limitations apply even if the foregoing remedies fail of their essential purpose.

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

14.Privacy Policy Please see our Privacy Policy for information on how we collect, use and share information from and/or about you ("Your Information"). By submitting Your Information through our Services, you agree to the terms of our Privacy Policy and expressly consent to the collection, use and disclosure of Your Information in accordance with the Privacy Policy.

15.Service Modifications We reserve the right, at any time and in our sole discretion, to modify, suspend or discontinue, temporarily or permanently, the Services (or any feature or portion thereof) without incurring any liability therefor.

16.Dispute Resolution; Arbitration Dispute Resolution. Please read the following arbitration agreement ("Arbitration Agreement") in this section carefully. It requires you to arbitrate disputes with CuCkoo and limits the ways in which you may seek relief from us. This Section does not govern disputes between Users or between Users and third parties.CuCkoo does not provide dispute resolution services for such disputes, and the parties must resolve these disputes directly. Applicability of Arbitration Agreements. You agree that any dispute, controversy or claim relating in any way to your access to or use of the Services, any products sold or distributed through the Services, or any aspect of your relationship with CuCkoo will be resolved by binding arbitration, rather than in court, including the threshold issue of arbitrability of such disputes, controversies or claims, except that (1) you or CuCkoo may bring a claim in small claims court, but claims will only be brought in such court if the claim qualifies and the claim remains on an individual, non-representative, and non-class basis; and (2) if the claim involves intellectual property infringement or other intellectual property misuse, you or CuCkoo may seek injunctive or equitable relief in a court of appropriate jurisdiction. Dispute Resolution Process. You and CuCkoo each agree to make a good faith effort to resolve a dispute before either party commences arbitration, a small claims court proceeding, or equitable relief for intellectual property infringement. You must initiate this dispute resolution process by sending a letter describing the nature of your claim and the desired resolution to: CuCkoo at [e-mail]. The parties agree to meet in person, by telephone, or by videoconference ("Meeting") to discuss the dispute and to attempt in good faith to reach a mutual agreement. the Dispute, and to attempt in good faith to reach a mutually beneficial outcome that avoids the costs of arbitration or litigation (if applicable). If you are represented by an attorney, your attorney may also participate in the Meeting, but you agree to participate fully in the Meeting. Similarly, if CuCkoo is represented by an attorney, its attorney may also participate in the meeting, but CuCkoo agrees to have a corporate representative participate fully in the meeting. The statute of limitations and any filing fee deadlines shall terminate when the Parties participate in the informal dispute resolution process and conference required by this paragraph. If the Parties fail to reach an agreement to resolve the dispute within thirty (30) days of initiating the dispute resolution process, either Party may initiate arbitration, file an action in small claims court, or bring a claim for injunctive or equitable relief in court. court with appropriate jurisdiction over matters relating to intellectual property infringement, if the claim qualifies. Powers of arbitrators. The arbitrator shall have exclusive authority (a) to determine the scope and enforceability of this Arbitration Agreement, and (b) to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including, without limitation, any claim that all or any part of this Arbitration Agreement is invalid or voidable. The arbitration will determine the rights and liabilities, if any, of you and CuCkoo. The arbitration proceeding will not be consolidated with any other matter or with any other case or party. The arbitrator has the authority to grant motions to decide all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-pecuniary remedies or relief available to an individual in accordance with applicable law, the rules of the arbitral tribunal, and these Terms. The arbitrator shall issue a written award and statement of award describing the underlying findings and conclusions upon which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority as a court judge to award relief based on individual circumstances. The arbitrator's award is final and binding on both you and us. Waiver of Jury Trial. You and CuCkoo hereby waive any constitutional and statutory rights to sue in court and to a trial before a judge or jury. You and CuCkoo elect that all claims and disputes shall be resolved by arbitration in accordance with this Arbitration Agreement, except in the circumstances specified in Section 16(b) above ("Applicability of Arbitration Agreement"). The arbitrator may award the same damages and remedies on an individual basis as in a court of law, and must abide by these terms as a court of law would. However, there is no judge or jury in arbitration and court review of arbitration awards is very limited. Class Action and Class Arbitration Waivers. All claims and disputes within the scope of this Arbitration Agreement must be arbitrated on an individual basis and may not be arbitrated on a representative (including, but not limited to, PAGA) or class basis. Individual relief is available only, and claims of more than one User, person or entity cannot be arbitrated or consolidated with claims of any other User, person or entity. Accordingly, under the arbitration procedures outlined in this section, an arbitrator may not consolidate or merge claims of more than one party without the written consent of all affected parties to the arbitration proceeding. Without limiting the generality of the foregoing, you and CuCkoo agree that no Dispute shall proceed by way of class arbitration without the written consent of all affected parties. If a decision is issued indicating that applicable law prohibits enforcement of any part of this paragraph's limitation on claims for given relief, the claim must be severed from the arbitration and submitted to a state or federal court located in New York County. Canada. All other claims shall be subject to arbitration. Severability. Except as provided in this Section, if any portion of this Arbitration Agreement is found to be invalid or unenforceable under the law, that particular portion shall be of no force and effect and shall be severed, and the remainder of the agreement to arbitrate shall continue in full force and effect. Survival of Agreement. This Arbitration Agreement shall survive the termination of your relationship with CuCkoo. Modifications. Notwithstanding anything to the contrary in these Terms, we agree that if CuCkoo makes any material changes to this Arbitration Agreement in the future, you may reject such changes by writing to CuCkoo at the following address within thirty (30) days after the effective date of such changes: CuCkoo at [e-mail].

17.Applicable Law and Jurisdiction These Terms and your access to and use of the Services shall be governed by and construed and enforced in accordance with the laws of Canada (without regard to Canadian rules or principles of law or any other conflict of law) jurisdiction that would cause the application of the laws of any other jurisdiction). Any dispute between the parties that is not subject to arbitration under Section 16 or cannot be heard in small claims court shall be resolved in the courts of Canada.

18.Termination All licences granted by CuCkoo will automatically terminate if you breach any provision of these Terms. In addition, regardless of what is contained in these Terms, we reserve the right, in our sole discretion, with or without notice, to suspend, limit, disable, terminate, or delete your account and/or your ability to access or use the Services (or any portion of the foregoing) at any time for any reason or for no reason at all, and you acknowledge and agree that, in such event, we shall have no liability or obligation to you and you shall not be entitled to a a refund of any amount you already have paid to us. If we terminate your account or restrict your access to or use of the Services, you will retain ownership of NFT. You may still access your NFTs through the public blockchain and other web3 wallets, platforms and/or websites.

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

20.Injunctive Relief You agree that a breach of these Terms will cause irreparable harm to CuCkoo for which monetary damages would not be an adequate remedy, and that, in addition to any remedies that CuCkoo may have under these Terms or at law, CuCkoo shall be entitled to equitable relief without the necessity of bond, other security, or proof of damages.

21.Export Laws You agree that you will not export or re-export, directly or indirectly, the Services and/or other information or materials provided by CuCkoo to the United States of America or to any other country in any other relevant jurisdiction that requires any export licence or other permit. The export is made without governmental approval and without obtaining such licence or approval in advance. In particular (but without limitation), the Services may not be exported or re-exported to (a) any U.S. embargoed country or any country designated by the U.S. Government as a "state sponsor of terrorism" or (b) any person listed on any U.S. Government list of prohibited or restricted parties, including the U.S. Department of the Treasury's Specially Designated Nationals list or the U.S. Department of Commerce's Denied Persons or Entities list. Denied Persons List or Entity List. By using the Services, you represent and warrant that you are not located in any such country or on any such list. You are responsible for, and hereby agree to comply with, all applicable U.S. export laws and regulations at your sole cost and expense.

22.Survival By their nature, all Sections that survive termination of the Terms shall survive termination of the Terms by CuCkoo or by you in full force and effect. Termination will not limit any other rights or remedies of CuCkoo at law or in equity.

23.Various These Terms (and any other applicable terms or policies incorporated by reference into these Terms) constitute the entire agreement between you and CuCkoo with respect to your access to and use of the Services. These Terms and any rights and licences granted hereunder may not be transferred or assigned by you without CuCkoo's prior written consent, and the failure of CuCkoo to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. No waiver by either party of any breach or default under this Agreement shall be deemed a waiver of any prior or subsequent breach or default. The section headings used herein are for reference purposes only and should not be construed as having any legal effect.

The Service is operated by us from Canada. Those who choose to access the Service from outside of Canada do so voluntarily and are responsible for compliance with applicable local laws. You and CuCkoo agree that the United Nations Convention on Contracts for the International Sale of Goods shall not apply to the construction or interpretation of these Terms.

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 on any other person or entity.