Terms of Use

VERSION 1.1
Last revised on: May 18, 2022

An Introduction to the Terms of Use of the Anique Platform

Welcome to our platform! We ask that you please read these terms carefully before using our platform. The terms govern your use of our platform and your relationship with us. Below is a quick introduction and summary of some of our terms:

  • A Dynamic Anime Marketplace. Our dynamic platform empowers anime fans from around the world to acquire unique digital blockchain collectibles, which are each unique, non-fungible tokens. Each of the collectibles are connected with exciting artwork, drawings or videos of some of the most popular anime characters and series in the world. You can learn more about the collectibles you can acquire on our platform in Section 2.

  • You Own the Digital Collectibles. You own any of the unique digital blockchain collectibles that you acquire, each of which will allow you to display exciting anime content. To learn more about your rights and licenses to content, please read Section 3 of our terms.

  • Our Marketplace Is for Collectors Only! Our platform is intended for use by collectors who share our passion for anime-inspired artwork. To underscore this point, we may enforce a 'cooling-off period' on the marketplace meaning that you may not be able to quickly sell any collectibles that you acquire. When acquiring the collectibles, you should only do so because you want to enjoy the associated artwork, including, for example, by collecting all of the collectibles from a given anime series or featuring your favorite anime characters.

  • The Value of Collectibles are Subjective. The value of digital blockchain collectibles are inherently subjective, meaning their value often depends on the personal opinions of collectors. Some collectors might value a collectible more highly than another because it's associated with a particular anime character that the collector just happens to like. Because digital blockchain collectibles have no inherent or intrinsic value, we cannot guarantee that the collectibles will maintain their same value at which you purchased them.

  • Refund Policy. We do not control the Flow blockchain and so we cannot reverse transactions on it. Consequently, we typically do not provide refunds for any purchases that you might make on or through the platform, whether for NFTs, packs, or anything else.

  • We Limit Our Liability To You. In order for us to provide our blockchain-based platform, we limit and disclaim liability for its use. There are numerous risks associated with blockchains, which is a rapidly evolving technology, as well as regulatory uncertainty in respect to digital assets. To learn more about how we address these risks by limiting and disclaiming liability, please read Sections 9 and 10 below.

  • Disputes Must be Resolved Using Arbitration. Except for claims which can be brought before a small claims court in the county in which you live, any of our disputes must be resolved through the use of mandatory arbitration. Please read our arbitration agreement in Section 13 very carefully.

Should you ever have any questions about these terms, please do not hesitate to send us an email at support@aotlegacy.com.

Our Agreement

The Anique platform (the "Platform") is an application that enables users to collect unique digital assets (the "Moments") associated with artwork licensed from Kodansha and its licensees (collectively, the "Content Holders"). Anique USA Inc. ("Anique", "us", "our", and "we") is making the Platform available to you. These terms of use, as well as any terms and conditions incorporated herein by reference (collectively, these "Terms") set forth the legally binding terms and conditions that govern your use of the Platform. By accessing or using the Platform, or by clicking "I Accept" below, you are accepting these Terms on behalf of yourself or the entity that you represent (in which case, "you" will mean such that entity), and you represent and warrant that you have the right, authority, and capacity to enter into these Terms on behalf of yourself or the entity that you represent. If you are unwilling to accept these Terms, you may not use the Platform in any way. Certain features of the Platform may be subject to additional guidelines, terms, or rules, which will be posted on the Platform in connection with such features.

Please note that when using our Platform, you may have the opportunity to connect your account with a digital wallet service that grants us custody of your Moments. If you do so, that digital wallet service will be governed by its own terms which can be viewed here. In the event that there is a conflict between the digital wallet service and these Terms, the digital wallet terms will control to the extent of that conflict.

  1. Accounts

    1. Account Creation. In order to use many of the features of the Platform, you must register an account ("Account") and provide certain information about yourself as prompted by the account registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; and (b) you will maintain the accuracy of such information. You may delete your Account at any time, for any reason, by following the instructions on the Platform.

    2. Digital Wallet. You will also need to use a digital wallet administered by Anique, or another supported digital wallet, which will enable you to collect Moments on the Platform ("Digital Wallet"). Each Moment exists on the Flow blockchain network (the "Flow Network"), and so whichever Digital Wallet you use must be compatible with the Flow Network. You will be prompted to create and link a Digital Wallet with your Account before accessing certain features on our Platform.

    3. Account Responsibilities. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify us of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

    4. Account Disputes. In the event that you and another person have a dispute over ownership of an Account, we may, at any time, at our sole discretion, with or without notice to you, determine the rightful owner of the Account. Our decision is final and we may transfer the Account to whoever we determine is the rightful owner. In the event we cannot determine, at our sole discretion, the rightful owner of an Account, we may suspend or delete the Account. You agree that we will not be liable to you or to any third party for our exercise of the rights described in this Section.

    5. Account Transactions. By linking a Digital Wallet to your Account, you can use your credit card, or certain cryptocurrencies that we may elect to accept from time to time, to engage in transaction on our Platform. Transactions that take place on the Platform are managed and confirmed via the Flow Network. All transactions will be recorded on the Flow Network and as a result, your work public address will be made publicly visible whenever you engage in a transaction.

  2. Collecting Moments

    1. Moments. The Platform enables you to collect and interact with Moments associated with artwork licensed from the Content Holders. Each Moment is a non-fungible token ("NFT") on the Flow Network.

    2. Purchasing Pack of Moments. You can purchase Moments by buying packs of Moments on the Platform (each, a "Pack"). Each Pack that you buy will contain a certain number of Moments, and the Pack and/or each of the Moments in the Pack will have a varying level of scarcity. Before buying a Pack, we'll let you know about scarcity, and the theme or type of the Moments contained in the pack. However, you will never know the specific Moments that will be found in the Pack.

    3. Collecting Moments on the Anique Marketplace. You can purchase Moments from other users in the Platform's marketplace (the "Marketplace"). When you purchase a Moment from another user, you will know the exact type of Moment that you will be acquiring and the price of that Moment. All financial transactions that you engage in on the Marketplace will be conducted solely through the Flow Network. We have no control over these payments or transactions, nor do we have the ability to reverse any payments or transactions.

    4. Characteristics of Moments. Each Moment is associated with artwork, images, designs, videos, and/or drawings, all of which could be in any form or media, (collectively, the "Artwork"). The Artwork is licensed from the Content Holders, and may include images of one or more famous anime characters, scenes from well-known anime shows, and other anime-based artwork. Each Moment will have a defined set of attributes, including scarcity, which will impact the underlying value of the Moment.

    5. Value of Moments. The value of each Moment is inherently subjective, in the same way the value of other collectibles is inherently subjective. Each Moment has no inherent or intrinsic value. Some collectors may favor certain Moments associated with a famous anime character, while other collectors may favor Moments associated with a famous scene from an anime show or a particular episode. All of these subjective views may influence the value of the Moment.

    6. Interacting with your Moments. Certain features of the Platform will allow you to interact or display your Moments. Some of these features, for example, will permit you to share your Moments with your friends or to interact with the associated Artwork.

  3. Ownership and License

    1. Ownership. For the purposes of these Terms, we define "Own" to mean, with respect to a Moment, a Moment that you have purchased or otherwise rightfully acquired from a legitimate source, where proof of such purchase is recorded on the Flow Network. When you purchase a Moment in accordance with these Terms, and not through any prohibited activities, you are entitled to ownership of the underlying NFT. This means that you have the right to swap your Moment, sell it, or give it away. Ownership of the Moment is mediated entirely by the Flow Network.

    2. Artwork License. Subject to your complete and ongoing compliance with these Terms, we grant you, solely for your personal, non-commercial use, a limited, non-exclusive, non-transferable, non-sublicensable, royalty-free, revocable license to use, copy, or display the Artwork that may be associated with the Moment that you Own solely:

      a. for your own personal, non-commercial use;

      b. as part of a marketplace that permits the purchase and sale of your Moments, provided that the marketplace cryptographically verifies your right to display the Moments to ensure that only the actual owner of such Moments can display the associated Artwork; or

      c. as part of a third-party website or application that permits the inclusion, involvement, or participation of your Moment, provided that the website/application cryptographically verifies each of the Moments owner's rights to display the associated Artwork for their Moments to ensure that only the actual owner of such Moment can display the associated Artwork, and provided that the Artwork is no longer visible once the owner of the Moment leaves the website/application.

      For clarity, except for the foregoing license, neither your purchase of the Moment nor these Terms grant you any other license or rights to any Artwork.

    3. License and Use Restrictions. Except and solely to the extent such a restriction is impermissible under applicable law, you may not:

      a. profit from, license or otherwise commercialize in any way the Moment or its associated Artwork, including in connection with the marketing, advertising, or selling of any third-party product (including giving away such products in the hopes of eventual commercial gain), except as part of a secondary sale;

      b. modify the Moment or its associated Artwork in any way or combine the Moment or its associated Artwork, or embed the Moment or its associated Artwork into any digital or other content or media;

      c. use the Moment or its associated Artwork in any manner which infringes upon the intellectual property rights of any person or entity;

      d. use the Moment in connection with or to promote any illegal activity, hate speech, violence, inappropriate or obscene content, or in any other manner which could tarnish or harm the reputation of Anique or the Content Holders; or

      e. commit any of the foregoing actions with respect to the Artwork: (i) use the Artwork except as associated with the Moment, or (ii) encourage or permit any third party to do any of the foregoing.

    4. You Must Comply with Our Acceptable Use Policy. You must comply with our Acceptable Use Policy, which can be found in these Terms at Section 5. Please review the policy carefully as you must comply with it at all times.

    5. You Must Follow the Law. You represent and warrant that your use of the Platform is, and will be, in compliance with all applicable laws or regulations.

    6. You Must be Over the Age of 18. You cannot use this Platform if you are under the age of 18. We do not knowingly collect the information of anyone below the age of 18, and if we suspect or otherwise determine that you are under the age of 18, we will close your Account. This application is simply not intended for anyone under the age of 18, and agree that we will not be liable for closing your Account in accordance with this Section.

  4. Our Platform and Rights

    1. We Own The Platform. You understand and expressly agree that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, Artwork, software, designs, systems, services, and other elements of the Platform, (collectively, the "Platform Content") are owned by Anique or Anique's licensors. Except as expressly set forth in these Terms, your use of the Platform does not grant you ownership of any rights, title or interest in or to Platform Content, or any other materials, content, code, or data accessed through the Platform. Anique and its licensors reserve all rights not expressly granted in these Terms.

    2. Feedback. If you provide Anique with any feedback or suggestions regarding the Platform ("Feedback"), you hereby assign to Anique all rights in such Feedback and agree that Anique shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. Anique will treat any Feedback you provide to Anique as non-confidential and non-proprietary. You agree that you will not submit to Anique any information or ideas that you consider to be confidential or proprietary.

    3. Our Rights. You understand and agree that we may exercise at any time, at our sole discretion, in whole or in part, with or without notice to you: (a) modify, suspend, or discontinue the Platform; (b) we may alter or change the Platform, how it can be used, and its functionality; (c) we may suspend, restrict, disable, or even terminate your access to, and use of, the Platform; and (d) we may suspend, restrict, disable, or even terminate access to your Account. You agree that Anique will not be liable to you or to any third party for our exercise of the rights described in this Section.

    4. Enforcement. We reserve the right (but have no obligation) to review any activity on your Account, and to investigate and/or take appropriate action against you at our sole discretion. Such action may include terminating your Account, and/or reporting you to law enforcement authorities.

  5. Acceptable Use Policy

    1. The following terms constitute our "Acceptable Use Policy":

      a. You agree not to, and expressly warrant that you will not, in any manner (either directly or indirectly): (i) upload, transmit, or distribute to or through the Platform, any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send through the Platform unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) use the Platform to harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Platform, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Platform (or to other computer systems or networks connected to or used together with the Platform), whether through password mining or any other means; (vi) harass or interfere with any other user's use and enjoyment of the Platform; (vii) use software or automated agents or scripts to produce multiple accounts on the Platform, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Platform; (viii) modify, adapt, translate, or reverse engineer any portion of the Platform; (ix) reformat or frame any portion of the Platform; (x) display or communicate any hate-related or violent content, or other objectionable content; (xi) exploit the Platform for any unauthorized commercial purpose; or (xii) remove any copyright, trademark or other proprietary rights notices contained in or on the Platform or any part of it.

      b. You further agree not to, and further expressly warrant that you will not (either directly or indirectly): (i) impersonate another person or user; (ii) use a bot, or other means, to simulate the human behavior of a user; (iii) create user accounts by automated means or under false or fraudulent pretenses; (iv) use any form of automation to engage in any activity or transaction on the Platform; (v) acquire, sell, or otherwise transact in Moments through inappropriate or illegal means (including by purchasing an Moment and attempting to charge the cost back to your payment method while still maintaining ownership of control of Moment, or selling gifting or trading it to someone else); or (vi) purchase or sell (or facilitating the purchase or sale of) your User Account, or another user's account, for cash or cryptocurrency, or other consideration, outside of the Platform.

    2. Consequences of your Breaches. If you violate our Acceptable Use Policy, we may, at our sole and absolute discretion, with or without notice or liability to you, immediately suspend or terminate your Account, or delete any Artwork associated with your Moment from the Platform. You will not receive a refund for any Moments affected by our enforcement of our Acceptable Use Policy. Without limiting the foregoing, if we believe, as determined at our reasonable discretion, that you are engaged in any of the activities found under 5.1(b), we may, at our sole and absolute discretion, with or without notice or liability to you, immediately rescind any transactions associated with such activities, and immediately confiscate any Moments that were purchased or otherwise acquired as a result of such activities.

    3. Changes to the Acceptable Use Policy. We may modify our Acceptable Use Policy from time to time, at our sole discretion.

  6. Privacy. As a condition of these Terms, you must carefully read our Privacy Policy which can be found here.

  7. Financial Transactions, Taxes

    1. Financial Transactions on the Platform. All financial transactions that you engage in through the Platform will be conducted solely through the Flow Network. We have no control over these payments or transactions, nor do we have the ability to reverse any payments or transactions. We have no liability to you or to any third party for any claims or damages that may arise as a result of any payments or transactions that you engage in via the Platform, or any payment or transactions that you conduct via the Flow Network. We do not provide refunds for any purchases that you might make on or through the Platform, whether for Moments, Packs, or anything else. Any sellers on our Platform are not subject to a minimum or maximum transaction amount.

    2. Transaction Fees. Every transaction on the Flow Network requires the payment of a transaction fee (each, a "Transaction Fee"). The Transaction Fees fund the network of computers that run the decentralized Flow Network. This means that you will need to pay a Transaction Fee for each transaction that you instigate through your use of the Platform. Except as otherwise expressly set forth in these Terms, you will be solely responsible to pay any Transaction Fee for any transaction that you instigate via the Platform.

    3. Taxes. 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, the "Taxes") associated with your use of the Platform. Except for income taxes levied on us, you: (a) will pay or reimburse us for all national, federal, state, 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 (b) will not be entitled to deduct the amount of any such taxes, duties or assessments from payments (including Transaction Fees) made to us pursuant to these Terms. We may determine, at its sole discretion, whether you are exempt from any taxes. In the event we are required by law to pay or collect indirect taxes, such as a goods and services tax or a value-added tax, you will be solely liable for the payment of such taxes.

  8. Term and Termination

    1. Your Right to Terminate. You may terminate these Terms at any time by canceling your Account and otherwise ceasing to use the Platform. Although you may terminate these Terms whenever you wish, we will not issue you a refund for any purchases you may have made through the Platform.

    2. Our Right to Terminate. You acknowledge and expressly agree that we may, at any time, at our sole discretion, with or without notice, terminate these Terms and/or restrict, remove, suspend, or disable your access to the Platform and/or the Account, in whole, or in part. You further acknowledge and expressly agree that we will not be liable to you or any third party as a result of such suspension, restriction, or termination.

    3. Survival. Even after these Terms are terminated, the following Sections shall survive termination: Section 4 and Sections 8 through 14.

  9. Disclaimers

YOU EXPRESSLY UNDERSTAND AND AGREE THE YOUR ACCESS TO AND USE OF THE PLATFORM IS AT YOUR SOLE RISK, AND THAT THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND ANIQUE, OUR SUBSIDIARIES, LICENSORS, AND AFFILIATES, EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE, OUR SUBSIDIARIES, LICENSORS, AND AFFILIATES, MAKE NO WARRANTY THAT: (a) THE PLATFORM, OR USE OR ACCESS TO THE PLATFORM WILL MEET YOUR REQUIREMENTS, (b) YOUR USE OF THE PLATFORM WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, (c) THE PLATFORM, OR ANY DATA OR INFORMATION PROVIDED THROUGH THE PLATFORM, OR ITS USE, WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE, (d) THAT ANY DATA THAT YOU PROVIDED THROUGH THE PLATFORM, OR OTHERWISE DISCLOSE TO US, WILL BE SECURE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE PLATFORM, OR USE OF THE PLATFORM, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE. 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.

MOMENTS ARE INTANGIBLE DIGITAL ASSETS THAT EXIST BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED ON THE FLOW NETWORK. ALL SMART CONTRACTS OPERATE ON THE DECENTRALIZED LEDGER WITHIN THE FLOW NETWORK. ANIQUE, OUR SUBSIDIARIES, LICENSORS, AND AFFILIATES HAVE NO CONTROL OVER AND MAKE NO PROMISES OR GUARANTEES WITH RESPECT TO THE FLOW NETWORK OR SMART CONTRACTS. YOU AGREE THAT ANIQUE, OUR SUBSIDIARIES, LICENSORS, AND AFFILIATES ARE NOT RESPONSIBLE FOR AND WILL HAVE NO LIABILITY FOR ANY ISSUES OR LOSSES RELATED TO YOUR USE OF THE FLOW NETWORK, OR YOUR DIGITAL WALLET, INCLUDING LOSSES, DAMAGES, OR CLAIMS ARISING FROM: (a) USER ERROR, INCLUDING INCORRECTLY CONSTRUED SMART CONTRACTS OR OTHER TRANSACTIONS, OR LOST OR FORGOTTEN PASSWORDS; (b) DATA LOSS OR CORRUPTION; (c) UNAUTHORIZED ACCESS, INCLUDING THOSE OF THIRD PARTIES CONDUCTING, WITHOUT LIMITATION, VIRUSES, BRUTE-FORCING ATTACKS ON THE FLOW BLOCKCHAIN OR OUR PLATFORM, THE FLOW NETWORK, OR ANY DIGITAL WALLET.

ANIQUE MAKES NO PROMISES WITH RESPECT TO, AND EXPRESSLY DISCLAIMS ALL LIABILITY FOR YOUR USE OF THE FLOW NETWORK, OR YOUR DIGITAL WALLET, INCLUDING BUT NOT LIMITED TO ANY LIABILITY RESULTING FROM YOUR LOSS OF YOUR MOMENTS.

YOU EXPRESSLY UNDERSTAND AND ACCEPT THAT THERE ARE INHERENT SECURITY RISKS ASSOCIATED WITH TRANSACTIONS OR OTHERWISE USING THE INTERNET, OR SHARING INFORMATION ON THE INTERNET, AND AGREE THAT WE HAVE NO LIABILITY FOR ANY BREACH OF SECURITY THAT DOES NOT RESULT FROM OUR GROSS NEGLIGENCE.

  1. Limitation on Liability

YOU UNDERSTAND AND EXPRESSLY AGREE THAT TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ANIQUE, OUR SUBSIDIARIES, LICENSORS, AND AFFILIATES, AND ITS AND THEIR DIRECTORS, SHAREHOLDERS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS AND SUPPLIERS, BE LIABLE TO YOU OR ANY THIRD PARTY WITH RESPECT TO ANY CLAIMS ARISING OUT OF OR RELATED TO THE PLATFORM, MOMENTS, THE FLOW NETWORK, OR THE TERMS FOR: (a) ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES; (b) ANY LOST PROFITS, REVENUE, DATA, GOODWILL, AND OTHER TANGIBLE OR INTANGIBLE LOSSES; (c) ANY SERVICES PROVIDED BY THIRD-PARTY SERVICE PROVIDERS; (d) ARTWORK; (e) ANY LOSSES RELATED TO YOUR ACCESS, OR INABILITY TO ACCESS, YOUR ACCOUNT, AND ANY PART OF THE PLATFORM; (f) ANY LOSSES RELATED TO CORRUPTION, LOSS, UNAUTHORIZED ACCESS OR ALTERATION TO YOUR DATA, MOMENT, OR ACCOUNT. THE LIMITATIONS INCLUDED IN THIS SECTION APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OR INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY SET FORTH IN THE TERMS IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. ACCESS TO, AND USE OF, THE PLATFORM IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS RESULTING THEREFROM.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THE TERMS, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF ANIQUE FOR CLAIMS ARISING OUT OF OR RELATED TO THE PLATFORM, OR USE OF THE PLATFORM, OR THE TERMS EXCEED THE GREATER OF A MAXIMUM OF FIFTY UNITED STATES DOLLARS (USD 50) OR THE TOTAL AMOUNTS PAID BY YOU TO ANIQUE IN THE SIX (6) MONTHS IMMEDIATELY PROCEEDING THE EVENT THAT GAVE RISE TO SUCH CLAIM. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.

  1. Indemnification

You agree to indemnify and hold Anique and its affiliates, and its and their subsidiaries, directors, officers, employees, contractors, agents, suppliers, licensors and partners from and against all damages, losses, liabilities, costs, claims, demands, fines, awards and expenses of any kind, including reasonable attorneys' fees, arising out of related to: (a) your breach of the Terms; (b) your misuse of the Platform; (c) your violation of any law or regulation; or (e) any claims from tax authorities in any country in relation to your use of the Platform. You agree that we will have control of the defense or settlement of any such claims. Your indemnification obligations shall not apply to the extent directly caused by our material breach of the Terms.

  1. Acceptance of Risk

    1. Volatility. The value of blockchain collectibles, including Moments, are subjective and therefore can be highly volatile. Moments, and similar assets are collectibles and have no inherent or intrinsic value. Anique, our subsidiaries, licensors, and affiliates, do not and cannot guarantee that any Moments that you collect or purchase will retain their original value, as their value are inherently subjective, and factors outside of out Platform may have a material impact on their value. You agree to assume all risk associated with the use and value of your Moments.

    2. Risks with Cryptocurrencies. There are risks associated with accepting cryptocurrencies as payment and purchasing blockchain based NFTs, including but not limited to, the risk of losing private keys, theft of cryptocurrency or NFTs due to hackers finding out your private key, lack of a secondary market, significant price volatility, hard forks and disruptions to underlying blockchains. You accept and acknowledge that we will not be responsible for any errors, distortions or delays that you may experience when using the Flow Network, however caused.

    3. Taxes. You are solely responsible for determining what, if any, taxes apply to your transactions on the Platform. We are not responsible for determining the taxes that apply to your transactions on the Platform.

    4. Regulatory Uncertainty. The regulatory regime governing blockchain technologies, cryptocurrencies, NFTs, and tokens is uncertain, and new regulations or policies may materially adversely affect the development of the Platform and its ecosystem, and therefore the potential utility or value of your Moments.

  2. Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

Any and all disputes, claims and causes of action (collectively, "Claims") arising out of or in connection with these terms (except for small claims court Claims, if applicable) shall be resolved exclusively by binding arbitration under the rules of the American Arbitration Association ("AAA"), including the Supplementary Procedures for Consumer Related Disputes, for full and final settlement of such Claim applying the Federal Arbitration Act and other federal arbitration laws. YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING YOUR RIGHT TO SUE OR GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS UNDER THIS CONTRACT. YOU AND WE ALSO AGREE THAT (A) ANY CLAIMS WILL BE RESOLVED INDIVIDUALLY NOT AS A PLAINTIFF OR CLASS REPRESENTATIVE, MEMBER OF OTHERWISE ON BEHALF OF OTHERS IN ANY PURPOSED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING AND NOT THROUGH ANY CLASS ACTION, (B) IF A CLAIM PROCEEDS IN COURT ANYWAY, WE BOTH WAIVE ANY RIGHT TO A JURY TRIAL; AND (C) EITHER YOU OR WE MAY SEEK A COURT INJUNCTION REGARDING INTELLECTUAL PROPERTY INFRINGEMENT. ARBITRATION DOES NOT INVOLVE A JUDGE OR JURY.

Notwithstanding the foregoing, we may seek and obtain injunctive relief in any jurisdiction in any court of competent jurisdiction, and you agree that these Terms are specifically enforceable by us through injunctive relief and other equitable remedies without proof of monetary damages.

  1. General

    1. Entire Agreement. These Terms constitute the entire agreement between you and Anique regarding the use of the Platform, and supersedes and replaces any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of the Terms.

    2. Severability & Waiver. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. No waiver of any breach or default of any of the Terms shall be deemed to be a waiver of any preceding or subsequent breach or default.

    3. Interpretation. The section titles in these Terms are for convenience only and have no legal or contractual effect. The language in these Terms will be interpreted as to its fair meaning, and not strictly for or against any party.

    4. Changes. These Terms are subject to occasional revision, and if we make any substantial changes by prominently posting notice of the changes on our Platform. Continued use of the Platform following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

    5. Relationship. These Terms, and your use of the Platform, do not, and shall not be construed to create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between Anique and you.

    6. Assignment. You may not assign or transfer any of your rights and obligations hereunder without our prior written consent. Any attempted or actual assignment thereof without our prior explicit and written consent will be null and void.

    7. Governing Law. All disputes and matters arising out of or in connection with these Terms and the Platform (including non-contractual disputes and matters) shall be governed in all respects by the laws of the State of New York, without regard to its conflict of law provisions.

    8. Electronic Communications. The communications between you and Anique use electronic means, whether you use the Platform or send us emails, or whether Anique posts notices on the Platform or communicates with you via email. For contractual purposes, you: (a) consent to receive communications from Anique in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Anique provides to you electronically satisfy any legal requirement that such communications must be in a hardcopy writing. The foregoing does not affect your non-waivable rights.

    9. No Third-Party Beneficiary Rights. These Terms do not confer any third-party beneficiary rights. All of our rights and obligations under these Terms are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.

    10. Contact Information:

Please email us at support@aotlegacy.com.