Terms of Service

Perstoc welcomes you!
Our platform, managed by Perstoc ("we," "us," or "our"), provides you with access to and use of the Perstoc website, APIs, mobile application (“App”), and all related services, including but not limited to exploring, displaying, and creating NFTs. Our tools allow you, at your discretion, to connect directly with others to mint, buy, sell, or transfer NFTs on public blockchains. These Terms of Service (“Terms”) govern your use of these services (“Service”). The term “NFT” refers to a non-fungible token or similar digital item that is created on a blockchain (such as Ethereum or Polygon), utilizing smart contracts to link to or otherwise associate with specific content or data.

Throughout these Terms, references to "you" or "your" pertain to the individual or entity utilizing the Service. If you are using the Service on behalf of a business or other Organization, "you" includes both you as an individual and the organization, and you confirm that (a) you are authorized to represent and legally bind that entity, and (b) you agree to these Terms on the entity’s behalf.

PLEASE REVIEW THESE TERMS OF SERVICE CAREFULLY, AS THEY CONTAIN CRUCIAL INFORMATION THAT AFFECTS YOUR LEGAL RIGHTS. NOTABLY, SECTION 16 INCLUDES A MANDATORY ARBITRATION CLAUSE AND A WAIVER OF CLASS ACTION RIGHTS. THESE PROVISIONS GENERALLY REQUIRE THAT DISPUTES BETWEEN YOU AND US BE RESOLVED THROUGH INDIVIDUAL ARBITRATION, RATHER THAN IN COURT BEFORE A JUDGE OR JURY.

BY CLICKING TO ACKNOWLEDGE, ACCEPT, SIGN, AND/OR USING OUR SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL OF THE TERMS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICE.

Perstoc is not a wallet provider, exchange, broker, dealer, financial institution, payment processor, money services business, or creditor. Instead, Perstoc operates a peer-to-peer web service that enables users to discover and interact directly with each other and with NFTs available on public blockchains. We do not have control or custody over the NFTs or the blockchains you engage with, nor do we execute, process, or facilitate purchases, transfers, or sales of NFTs. To utilize our Service, you must use a third-party wallet that enables you to conduct transactions on blockchains.

Perstoc is not involved in any agreements between users. You are fully responsible for verifying the identity, legitimacy, and authenticity of any NFTs you purchase from third-party sellers using our Service. We make no warranties, guarantees, or endorsements regarding the identity, legitimacy, functionality, or authenticity of users or NFTs (including any content associated with those NFTs) visible on our Service.

Given our expanding range of services, there may be instances where we provide additional terms for specific services. These additional terms are considered part of the “Service” and are subject to these Terms. If you use those services, the additional terms and conditions provided will become part of your agreement with us. In the event of any conflict between these Terms and additional terms provided for a specific service, the additional terms will govern for that specific service.

Perstoc reserves the right to modify or change these Terms at any time and at our sole discretion. If we make significant changes to these Terms, we will make reasonable efforts to notify you, such as by providing a notice through the Service or updating the “Last Updated” date at the beginning of these Terms. By continuing to access or use the Service after the Terms have been updated, you acknowledge and accept the revised Terms and all terms incorporated by reference, effective as of the date of the update. It is solely your responsibility to periodically review the Terms to stay informed of any changes and to understand the conditions that apply when you access or use the Service.

1. Accessing the Service

Your blockchain address serves as your identity on Perstoc, a key feature of the web ecosystem. To access our Service, you’ll need a blockchain address and a third-party wallet. Your account on Perstoc (“Account”) will link to your blockchain address, and if you wish, you can personalize your Perstoc profile with details like a profile picture.

Your Account is tied to your blockchain address, showcasing the NFTs linked to that address (along with any associated content). By connecting your wallet to our Service, you agree to use it under the terms and conditions set by the wallet provider. Keep in mind that wallets are not operated, maintained, or affiliated with Perstoc, and we neither control the contents of your wallet nor have the ability to retrieve or transfer its contents. We accept no responsibility or liability for your use of a wallet and make no guarantees about how the Service will function with any particular wallet. It is your responsibility to secure your wallet, and you should never share your wallet credentials or seed phrase with anyone. Should you encounter an issue with your wallet, please contact your wallet provider directly. Similarly, you are solely responsible for your Account and the connected wallet, and Perstoc is not liable for any actions or omissions resulting from your Account or wallet being compromised. If you notice any security issues related to the Service or your Account, please notify us immediately at ________________.

You also affirm that you will comply with all applicable laws (including local, state, federal, and other relevant laws) when using the Service. To meet legal obligations and maintain the safety of our users and platform, we may need to restrict, suspend, or terminate your access to the Service. You acknowledge that Perstoc is not obligated to disclose the reasons for such actions.

Furthermore, by using the Service, you affirm that: (a) you are not located in, ordinarily resident in, or organized under the laws of any jurisdiction subject to a comprehensive U.S. Government embargo ("Embargoed Jurisdiction"); (b) you are not subject to any sanctions imposed by a U.S. Government agency, any other government, or the United Nations (collectively, “Sanctions”); (c) you are not owned or controlled, directly or indirectly, by any person subject to Sanctions, or located in, ordinarily resident in, or organized under the laws of an Embargoed Jurisdiction; (d) none of your officers, managers, directors, shareholders, or authorized representatives is subject to Sanctions or located in, ordinarily resident in, or organized under the laws of an Embargoed Jurisdiction, nor are they owned or controlled, directly or indirectly, by any person subject to Sanctions or located in, ordinarily resident in, or organized under the laws of an Embargoed Jurisdiction; (e) you have not transacted and will not transact with any person or entity falling into any of categories (a) through (d); and (f) you have not transacted and will not transact for the benefit of any person or entity in categories (a) through (d). You agree that these conditions will remain true for the duration of your use of the Service. If you access the Service from outside the United States, you are responsible for ensuring that your use of the Service complies with all applicable laws in that country, territory, or jurisdiction.

Perstoc may request additional information and documents in certain circumstances, such as when required by government authorities, by law, or to provide a specific service or investigate potential violations of these Terms. In such cases, Perstoc may, at its sole discretion, disable your Account and block access to the Service until the requested information is provided and verified. If you do not provide complete and accurate information in response to such requests, Perstoc may refuse to restore your access to the Service. Your access to the Service may be interrupted for various reasons, including but not limited to, equipment malfunction, periodic updates, maintenance, or repairs, geographic restrictions, potential violations of these Terms, or other actions Perstoc may choose to take at its sole discretion. Perstoc reserves the right to disable your Account and/or reassign your username or associated URL at its discretion.

All users must be at least 18 years old. If you are between 13 and 18 years old, you may only use Perstoc through a parent or guardian's Account, with their approval and oversight. The account holder is responsible for your actions while using the Account. Use of our Service is prohibited if you are under 13 years old.

2. Ownership

The Service, along with its distinct appearance (such as text, graphics, images, logos, page headers, button icons, URLs, and scripts), proprietary content, information, and other materials, including, but not limited to, the Perstoc logo, designs, text, graphics, images, data, software, sound files, and other files, as well as their arrangement, are the exclusive property of Perstoc or our affiliates, licensors, or users, as appropriate. You agree not to engage in any actions that are inconsistent with these ownership rights. We, along with our affiliates, licensors, and users, reserve all rights in connection with the Service and its content, including the exclusive right to create derivative works.

Perstoc’s name, logo, trademarks, and any product or service names, designs, logos, and slogans associated with Perstoc are the intellectual property of Perstoc or our affiliates or licensors. They may not be copied, imitated, or used, in whole or in part, without our prior written consent in each instance. You are prohibited from using any metatags or other "hidden text" that utilize “Perstoc” or any other name, trademark, or product or service name of Perstoc or our affiliates or licensors without our prior written consent. Furthermore, the overall design and presentation of the Service, known as its “look and feel,” constitute Perstoc's service mark, trademark, or trade dress, and cannot be copied, imitated, or used, in whole or in part, without our prior written consent.

Any third-party trademarks, registered trademarks, and product names mentioned on the Service or linked to content associated with any NFTs displayed on the Service are the property of their respective owners. These trademarks may not be copied, imitated, or used, in whole or in part, without permission from the appropriate intellectual property rights holder. Any reference to products, services, processes, or other information by name, trademark, manufacturer, supplier, or otherwise does not imply endorsement, sponsorship, or recommendation by Perstoc.

We appreciate your feedback, comments, and suggestions for improving the Service ("Feedback"). However, you acknowledge and agree that any contribution of Feedback does not grant you any rights, titles, or interests in the Service or any such Feedback. Perstoc reserves the right to use and disclose Feedback in any manner and for any purpose without further notice or compensation to you, and without you retaining any proprietary or other rights to the Feedback. You hereby assign to Perstoc all rights, titles, and interests (including patents, copyrights, trade secrets, trademarks, know-how, and any other intellectual property rights) that you may have in and to any and all Feedback.

Perstoc does not hold ownership, custody, or control over NFTs or the smart contracts created by third parties. The creators of these NFTs or smart contracts are solely responsible for their operation and functionality.

3. License to Access and Use Our Service and Content

We grant you a limited, non-exclusive, non-transferable, non-sublicensable, and personal license to access and use the Service, provided you adhere to these Terms. If you receive any software, content, or other materials owned or controlled by us as part of the Service, you are granted a non-commercial, personal, non-transferable, non-sublicensable, non-assignable, and nonexclusive right to access and display such materials, including the right to download a single copy of the App onto your device, solely for the purpose of using the Service as permitted by these Terms. However, your rights to any content linked to or associated with any NFTs are limited to those specified by the seller or creator of the NFT.

4. Third-Party Content, Agreements, and Services

As a web peer-to-peer platform, Perstoc enables you to explore NFTs created by third parties and interact with various blockchains. However, Perstoc does not make any guarantees or representations about third-party content accessible through our Service, including content associated with NFTs displayed on the platform. It is your responsibility to verify the legitimacy, authenticity, and legality of any NFTs you purchase from third-party sellers. Additionally, Perstoc cannot guarantee that NFTs visible on our platform will remain available or continue to be visible for purchase, sale, or transfer. Users are solely responsible for the content related to their NFTs.

These Terms govern only the use of our Service. NFTs exist on public blockchains and can be bought, sold, or transferred between buyers, sellers, and creators directly, without the use of our Service, and therefore, without agreeing to our Terms. There may be specific terms and conditions that apply to the NFTs themselves, set directly between buyers, sellers, and/or creators, including terms related to the use of NFT content and associated rights and obligations ("NFT Terms"). For example, when you click to learn more about an NFT or view its metadata on Perstoc, you might find a link to third-party NFT Terms that you must comply with. Perstoc is not responsible for setting or enforcing these NFT Terms, which are solely between the buyer, seller, and/or creator. It is your responsibility to review and comply with such NFT Terms.

Sellers are solely responsible for determining the price of an NFT, including any applicable taxes, as well as for deciding the mint count and minting mechanics of the NFTs they sell.

Perstoc may charge certain fees for its Service. However, Perstoc does not set, collect, or determine other costs, fees, or expenses associated with buying and selling an NFT, including creator earnings, gas fees, or transaction fees. These are paid directly to the relevant third parties, such as the seller, creator, payment processor, or blockchain validator. Since these fees are not collected by Perstoc, we cannot refund them.

The Service may also include links to, or functionality that allows you to access, third-party websites ("Third-Party Websites") and applications ("Third-Party Applications"), or display content, data, information, services, or materials from third parties ("Third-Party Materials"). When you click on a link to a Third-Party Website or use a Third-Party Application, even if we do not notify you that you have left our Service, you are subject to the terms and conditions (including privacy policies) of that third party. These Third-Party Websites, Third-Party Applications, and Third-Party Materials are not controlled by Perstoc, and they may be "open" applications with no recourse available. Perstoc is not responsible or liable for any Third-Party Websites, Third-Party Applications, or Third-Party Materials. We provide links to these third-party resources solely for your convenience and do not review, approve, monitor, endorse, warrant, or make any representations regarding them, their products, services, or content. You use all links to Third-Party Websites, Third-Party Applications, and Third-Party Materials at your own risk.

5. Guidelines for User Behavior

At Perstoc, we cherish inclusivity and diversity, welcoming individuals of all backgrounds to explore the vast world of web3. However, to maintain a safe environment and adhere to legal obligations, we may take actions—sometimes without prior notice—if we believe that your activities on our platform violate these Guidelines or involve illegal actions. Such actions may include limiting visibility or interaction with certain NFTs, restricting or disabling parts of the Service, or taking other necessary measures.

By using our Service, you agree to comply with all applicable laws and to be responsible for your actions and the content you create. You also agree to avoid the following behaviors:

1. Attempting to access another user's account without their permission.
2. Impersonating someone else or conducting transactions with a wallet not fully under your control.
3. Claiming a username on Perstoc to resell it, mislead others, or benefit from another's reputation.
4. Using a different blockchain address to access the Service if another address you own has been blocked, without prior written consent from Perstoc.
5. Sending unsolicited NFTs or engaging in spamming activities.
6. Using the Service in a manner that could harm, overload, or otherwise negatively impact its functionality.
7. Ignoring or circumventing measures that control access to the Service, such as bypassing rate limits or disguising your IP address.
8. Misusing our APIs or violating our developer guidelines.
9. Using the Service for commercial activities not aligned with these Guidelines or other instructions provided by Perstoc.
10. Deploying unauthorized automated tools, such as data scrapers or bots, to extract data or interfere with the Service's operation.
11. Attempting to reverse engineer or tamper with any part of the Service, including its code and security features.
12. Selling or attempting to bypass Perstoc’s fee structures.
13. Manipulating metrics on Perstoc, such as artificially boosting item visibility or engagement statistics.
14. Using data from the Service for advertising or direct marketing purposes without authorization.
15. Involvement in money laundering, terrorist financing, or any other illegal financial activities through the Service.
16. Utilizing the Service for or in connection with individuals or entities subject to sanctions or located in embargoed regions.
17. Conducting financial activities requiring registration or licensing, such as securities trading, through the Service.
18. Creating, selling, or buying NFTs that are linked to securities or other regulated financial instruments.
19. Engaging in deceptive practices like price manipulation or fraud.
20. Trading stolen, unauthorized, or fraudulently obtained items on the platform.
21. Violating intellectual property rights or other legal rights of others.
22. Creating, displaying, or dealing in illegal content, including material related to child exploitation.
23. Promoting content that incites violence, hate, or encourages harmful behavior.
24. Using the Service for any illegal purposes or to create and display unlawful content.
25. Engaging with the Service using proceeds from illegal activities.
26. Disrupting or negatively impacting other users' experience on the Service.

Perstoc permits the sharing of "Not Safe For Work" (NSFW) content, but such content must be properly labeled and may be treated differently in menus and search results.

Lastly, you acknowledge the importance of conducting your own research (DYOR) when interacting with NFTs, collections, or accounts on Perstoc. You are fully responsible for verifying their authenticity, legitimacy, and identity. Perstoc does not provide guarantees regarding the legitimacy of any NFT, collection, or account on the platform.

6. Intellectual Property Rights

As a user of Perstoc, you are fully responsible for the content you create, submit, post, or display through our Service. This includes ensuring that your actions comply with all relevant laws, regulations, and the Terms outlined here, especially the User Conduct requirements.

By engaging with our Service and providing content—whether it's text, images, files, or any other form of data—you grant Perstoc a global, non-exclusive, sublicensable, royalty-free license to use, copy, modify, and display that content. This license is intended for purposes that include, but are not limited to, operating, promoting, and enhancing our Service. This also applies to any digital files, artwork, or other materials associated with NFTs displayed on Perstoc.

It's important to note that while you’re giving us the right to use your content in the ways described, you retain ownership of your creations. We don’t claim ownership of the content you submit, post, or display through Perstoc. Instead, we're simply allowed to use it within the scope necessary to operate and promote our platform.

You warrant and represent that you have all the necessary rights, licenses, consents, and permissions to grant us the rights described here for any content you provide through our Service. You are responsible for ensuring that your content does not infringe on the rights of others, including copyrights, trademarks, publicity rights, or other intellectual property rights, unless you have obtained the necessary permissions to do so.

In cases where content is found to infringe on intellectual property rights, Perstoc will act in accordance with the Digital Millennium Copyright Act (“DMCA”) and other relevant laws. We will remove infringing content and may terminate the accounts of repeat infringers.

If you believe your intellectual property rights have been violated on Perstoc, you may submit a notice to our designated copyright agent. For us to process your claim, you must be either the rights holder or someone authorized to act on their behalf. We encourage you to use our provided form to ensure all necessary information is included in your notice. If you choose to submit your claim via email or physical mail, your notice must include:

1. A description of the copyrighted work, trademark, publicity rights, or other intellectual property rights you believe have been infringed.
2. Identification of the infringing material, including specific URLs where the material is located on Perstoc.
3. Your contact information, including your full legal name and email address.
4. A declaration containing the following:
   • A statement affirming your good faith belief that the use of the material is not authorized by the rights owner, its agent, or the law.
   • A statement that the information in the notice is accurate.
   • A statement, made under penalty of perjury, that you are authorized to act on behalf of the rights holder.
5. Your physical or electronic signature.

Please note that we will forward your infringement notice, including your contact information, to the party whose content is being removed. This allows them to understand why their content is no longer available and to potentially resolve any disputes directly with you.

7. Communication Preferences

By creating an account on Perstoc, you consent to receive electronic communications from us, including emails, push notifications, text messages, and other forms of communication. These may include important information about your account, such as transaction details, as well as promotional messages that we believe may be of interest to you.

You are not required to provide consent to receive promotional communications as a condition for using our Service. You can opt out of these communications through your account settings or by following the unsubscribe instructions provided in the communications. However, please note that opting out may not apply to essential service announcements and administrative messages.

8. App Terms

You are responsible for ensuring that you have the necessary mobile device, wireless service plan, software, Internet connection, and other equipment or services to download, install, and use the Perstoc App. We do not guarantee that the App will function on any specific device or with any specific service plan, nor do we guarantee that the App or Service will be available in any particular geographic location.

If you are using the App from the Apple App Store, the following additional terms apply: To the extent that any other terms in these Terms of Service are less restrictive or conflict with this section, this section shall prevail regarding your use of the App from the Apple App Store. You acknowledge that these Terms are between you and Perstoc, not Apple, and that Apple has no responsibility for the App or its content. Your use of the App must comply with the App Store’s terms of use.

Apple is not obligated to provide any maintenance or support services for the App. In the event of a failure of the App to conform to any applicable warranty, you may notify Apple, and they will refund the purchase price, if any. Beyond this, Apple has no other warranty obligations regarding the App, and any other issues will be governed by these Terms.

Apple is not responsible for addressing any claims you or a third party may have relating to the App, including but not limited to product liability claims, claims of legal or regulatory non-compliance, and claims under consumer protection or similar legislation. Additionally, in the event of any third-party intellectual property claim related to the App or your possession and use of it, Perstoc, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of such claims.

You must comply with applicable third-party terms when using the App. You acknowledge that Apple and its subsidiaries are third-party beneficiaries of these Terms as they relate to your use of the App. 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.

9. Indemnification

By agreeing to these Terms and accessing the Service, you agree, to the fullest extent permitted by applicable law, to indemnify, defend, and hold harmless Perstoc and its past, present, and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors, and assigns (collectively, the “Perstoc Parties”) from and against any and all claims, damages, awards, judgments, losses, liabilities, obligations, taxes, penalties, interest, fees, expenses (including attorneys’ fees), and costs (including court costs and costs of settlement), of any kind or nature, whether known or unknown, foreseen or unforeseen, that arise out of or are related to:

1. Your use or misuse of the Service, content, NFTs, or content linked to or associated with any NFTs;
2. Any feedback you provide;
3. Your violation or breach of these Terms or any applicable law;
4. Your violation of the rights of or obligations to a third party, including another user or third party; and
5. Your negligence or willful misconduct.

You agree to promptly notify Perstoc of any claims and to cooperate with the Perstoc Parties in defending such claims. The Perstoc Parties will have control of the defense or settlement of any claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Perstoc.

10. Disclaimers

Your access to and use of the Service is at your own risk. You understand and agree that the Service is provided on an “as is” and “as available” basis, and Perstoc expressly disclaims any warranties or conditions of any kind, whether express or implied. Perstoc and its suppliers make no warranties or representations and disclaim all responsibility for whether the Service:

1. Will meet your requirements;
2. Will be available on an uninterrupted, timely, secure, or error-free basis; or
3. Will be accurate, reliable, complete, legal, or safe.

Perstoc disclaims all other warranties or conditions, express or implied, including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement. Perstoc will not be liable for any loss of any kind from any action taken or relied upon from the material or information contained on the Service. While Perstoc attempts to make your access to and use of the Service safe, Perstoc cannot and does not represent or warrant that the Service, content, content linked to or associated with any NFTs, or any NFTs you interact with using our Service or our Service providers’ servers are free of viruses or other harmful components. We cannot guarantee the security of any data that you disclose online.

No advice or information, whether oral or obtained from the Perstoc Parties or through the Service, will create any warranty or representation not expressly made herein. You accept the inherent security risks of providing information and dealing online over the Internet and will not hold Perstoc responsible for any breach of security.

We will not be responsible or liable to you for any loss and take no responsibility for, and will not be liable to you for, any use of or loss of use of NFTs, content, and/or content linked to or associated with NFTs, including but not limited to any losses, damages, or claims arising from:

1. User error, incorrectly constructed transactions, or mistyped addresses;
2. Server failure or data loss;
3. Unauthorized access or use;
4. Any unauthorized third-party activities, including without limitation the use of viruses, phishing, brute forcing, or other means of attack against the Service or NFTs.

NFTs exist only by virtue of the ownership record maintained in the associated blockchain (e.g., Ethereum network). Any transfers or sales occur on the associated blockchain (e.g., Ethereum). Perstoc and/or any other Perstoc Party cannot effect or otherwise control the transfer of title or rights in any NFTs or underlying or associated content or items.

No Perstoc Party is responsible or liable for any sustained losses or injury due to vulnerability or any kind of failure, abnormal behavior of software (e.g., wallet, smart contract), blockchains, or any other features of the NFTs. No Perstoc Party is responsible for losses or injury due to late reports by developers or representatives (or no report at all) of any issues with the blockchain supporting the NFTs, including forks, technical node issues, or any other issues having losses or injury as a result.

Some jurisdictions do not allow the exclusion of implied warranties in contracts with consumers, so the above exclusion may not apply to you.

11. Assumption of Risk

By using the Service, you acknowledge and agree to the following:

1. NFT Value and Volatility:

   The value of an NFT is inherently subjective and can fluctuate due to market dynamics. You understand that the value of NFTs may decrease or increase, and that such volatility can be influenced by the fluctuation in cryptocurrency prices. You accept that these risks are part of the NFT ecosystem, and that you may incur financial losses as a result.

2. Transaction Fees:

   You are responsible for all fees associated with the use of the Service, including blockchain-related fees, regardless of whether a transaction is successful. All fees are final and non-refundable.

3. Impact of Ecosystem Development:

   The lack of adoption or public interest in blockchain technology or distributed ecosystems could negatively affect the development and utility of NFTs. You acknowledge that this could impact the functionality and value of NFTs.

4. Regulatory Uncertainty:

   The regulatory environment surrounding blockchain technologies, NFTs, cryptocurrencies, and related items is uncertain. Future regulations or policies could negatively impact the development and utility of the Service and NFTs.

5. Tax Obligations:

   You are solely responsible for determining any applicable taxes related to your transactions involving NFTs. This includes the responsibility to withhold, collect, report, and remit taxes to the appropriate authorities. Perstoc does not assume any responsibility for determining, collecting, or remitting taxes related to your NFTs.

6. Risks of Third-Party Content:

   When purchasing items linked to third-party content through peer-to-peer transactions, you accept the risk of purchasing counterfeit or mislabeled items, or items that may degrade over time or become non-transferable. You represent that you have conducted sufficient research before engaging in any transactions involving NFTs.

7. Smart Contracts and Blockchain Risks:

   Perstoc does not own or control third-party smart contracts and is not responsible for their functionality or operation. Blockchain transactions are irreversible, and Perstoc cannot reverse any transactions on your behalf.

8. Internet and Blockchain Risks:

   Using blockchain-based products involves risks, including hardware, software, and internet connection failures, as well as the risk of unauthorized access to your wallet or Account. Perstoc is not responsible for any disruptions, errors, or security breaches that you may experience.

9. Third-Party Dependencies:

   The Service depends on third-party platforms and vendors. If these relationships are disrupted, your access to the Service may be affected. This includes potential changes in terms or pricing by third-party providers, as well as issues such as market share loss or platform unavailability.

10. Content Accessibility:

    Perstoc reserves the right to hide collections, contracts, or items affected by any of the aforementioned risks or other issues. You acknowledge that the items you purchase may become inaccessible on Perstoc, and that this does not entitle you to any claims against Perstoc.

11. Disputes with Other Users:

    If you have a dispute with one or more users, you release Perstoc from all claims, demands, and damages of any kind, known or unknown, arising out of or connected with such disputes. You expressly waive any protections that would otherwise limit this release to claims you may know or suspect to exist at the time of agreeing to this release.

12. Limitation of Liability

To the fullest extent permitted by law, Perstoc’s liability is limited as follows:

1. No Indirect Damages:

   In no event shall Perstoc or its service providers be liable to you or any third party for any lost profits, indirect, consequential, exemplary, incidental, special, or punitive damages arising from these Terms or your use of the Service, including but not limited to damages related to loss of revenue, profits, business, anticipated savings, goodwill, data, or any other economic loss, whether based on tort (including negligence), breach of contract, or otherwise, even if Perstoc has been advised of the possibility of such damages.

2. Cap on Liability:

   Notwithstanding any other provision of these Terms, the maximum aggregate liability of Perstoc to you for any claims arising out of or related to these Terms, your use of the Service, or any NFTs or content related thereto, shall not exceed the greater of (a) $100 or (b) the amount received by Perstoc for the Service directly relating to the item that is the subject of the claim.

3. Jurisdictional Limitations:

   Some jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. Additionally, some jurisdictions have limitations on disclaimers or liability for personal injury claims related to consumer products, so these limitations may not apply in those contexts.

13. Privacy Policy

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

14. Modifications to the Service

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

15. Dispute Resolution; Arbitration

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

1. Dispute Resolution:

   Please read the following arbitration agreement in this Section (“Arbitration Agreement”) carefully. It requires you to arbitrate disputes with Perstoc and limits the manner in which you can seek relief from us. This section does not govern disputes between users or between users and third parties, including disputes related to the authenticity, provenance, or ownership of NFTs. Perstoc does not provide dispute resolution services for such disagreements and the parties must resolve those disputes directly.

2. Applicability of Arbitration Agreement:

   You agree that any dispute, controversy, or claim relating in any way to your access or use of the Service, to any NFTs sold or distributed through the Service, or to any aspect of your relationship with Perstoc, including disputes regarding the value, transfer, or legal status of NFTs, will be resolved by binding arbitration, rather than in court. This includes threshold questions of the arbitrability of such dispute, controversy, or claim except that (1) you or Perstoc may assert claims in small claims court if the claims qualify, remain only in such court, and are on an individual, non-representative, and non-class basis; and (2) you or Perstoc may seek injunctive or equitable relief in a court of proper jurisdiction if the claim relates to intellectual property infringement or misuse of intellectual property rights, including but not limited to issues related to NFTs.

3. Dispute Resolution Process:

   You and Perstoc both agree to engage in good-faith efforts to resolve disputes prior to either party initiating an arbitration, 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 desired resolution to: Perstoc, Attn: _____________________. Both parties agree to meet and confer personally, by telephone, or by videoconference (hereinafter “Conference”) to discuss the dispute and attempt in good faith to reach a mutually beneficial outcome that avoids the expenses of arbitration or, where applicable, litigation. If you are represented by counsel, your counsel may participate in the Conference as well, but you agree to fully participate in the Conference. Likewise, if Perstoc is represented by counsel, its counsel may participate in the Conference as well, but Perstoc agrees to have a company representative fully participate in the Conference. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the informal dispute resolution process and Conference required by this paragraph. If the parties do not reach an agreement to resolve the dispute within thirty (30) days after the initiation of this dispute resolution process, either party may commence arbitration, file an action in small claims court, or file a claim for injunctive or equitable relief in a court of proper jurisdiction for matters relating to intellectual property infringement, if the claims qualify.

4. Arbitration Rules and Forum:

   The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding after participating in the dispute resolution process, you must send a letter requesting arbitration and describing your claim to our registered agent at Perstoc, Attn: ________________________. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys’ fees, interest, claimed punitive or other damages, or any claim in excess of the bona fide verifiable value of the disputed NFTs shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and the JAMS Consumer Minimum Standards then in effect; all other claims shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures and the JAMS Consumer Minimum Standards then in effect. JAMS’s rules are available at jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. If the arbitrator finds that you cannot afford to pay JAMS filing, administrative, hearing, and/or other fees and cannot obtain a waiver from JAMS, Perstoc will pay them for you if you complied with the dispute resolution process set forth above. In addition, Perstoc will reimburse all such JAMS filing, administrative, hearing, and/or other fees for claims totaling less than $10,000 unless (a) a resolution of your claim results in a smaller monetary judgment than Perstoc may have offered you to settle the claim, at any point, or (b) the arbitrator determines the claims are frivolous or you did not comply with the dispute resolution process set forth above, except that if you have initiated the arbitration claim, you will still be required to pay the lesser of $250 or the maximum amount permitted under the JAMS Rules for arbitration claims initiated by you. You are still responsible for all additional costs that you incur in the arbitration, including without limitation, fees for attorneys or expert witnesses. You may choose to have the arbitration conducted by telephone or videoconference, based on written submissions, in person in your hometown area (if you live in the United States), or at another mutually agreed upon location that is reasonably convenient to you. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

5. Authority of Arbitrator:

   The arbitrator shall have exclusive authority to (a) determine the scope and enforceability of this Arbitration Agreement and (b) resolve any dispute related to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement including, but not limited to, any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and Perstoc. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and these Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.

6. Waiver of Jury Trial:

   YOU AND PERSTOC HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Perstoc are instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in the second bullet of this Section 15, above (“Applicability of Arbitration Agreement”). An arbitrator can award on an individual basis the same damages and relief as a court and must follow these Terms as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.

7. Waiver of Class Actions and Class Arbitrations:

   ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A REPRESENTATIVE (INCLUDING, WITHOUT LIMITATION, PAGA) OR COLLECTIVE CLASS BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE USER, PERSON, OR ENTITY CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER USER, PERSON, OR ENTITY. Accordingly, under the arbitration procedures outlined in this section, an arbitrator shall not combine or consolidate more than one party’s claims without the written consent of all affected parties to an arbitration proceeding. Without limiting the generality of the foregoing, you and Perstoc agree that no dispute shall proceed by way of class arbitration without the written consent of all affected parties. If a decision is issued stating that applicable law precludes enforcement of any part of this subsection’s limitations as to a given claim for relief, then that claim must be severed from the arbitration and brought in the state or federal courts located in New York County in the State of New York. All other claims shall be arbitrated.

8. Severability:

   Except as provided in this Section, if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.

9. Survival of Agreement:

   This Arbitration Agreement will survive the termination of your relationship with Perstoc.

10. Modification:

    Notwithstanding any provision in these Terms to the contrary, we agree that if Perstoc makes any future material change to this Arbitration Agreement, you may reject that change within thirty (30) days of such change becoming effective by writing to Perstoc at the following address: Perstoc, Attn: _________.

16. Governing Law and Venue

These Terms and your access to and use of the Service shall be governed by, and construed and enforced in accordance with, the laws of the State of New York, without regard to its conflict of law rules or principles, or those of any other jurisdiction that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration as set forth in Section 15, or cannot be heard in small claims court, shall be resolved exclusively in the state or federal courts located in New York County, New York, and you and Perstoc hereby consent to the jurisdiction of such courts.

17. Termination

If you breach any of the provisions of these Terms, all licenses granted by Perstoc will terminate automatically. Additionally, we reserve the right, at our sole discretion, with or without notice, to suspend, restrict, disable, terminate, or delete your Account and/or your ability to access or use the Service (or any part thereof) at any time and for any reason, or for no reason at all. You acknowledge and agree that Perstoc shall have no liability or obligation to you in such an event, and you will not be entitled to a refund of any amounts that you have paid to us. If we terminate your Account or restrict your access to the Service, you will retain ownership of your NFTs, and you may still access them through public blockchains and compatible web wallets, platforms, and/or websites.

18. Severability

If any term, clause, or provision of these Terms is found to be invalid or unenforceable, then that term, clause, or provision will be severed from these Terms and will not affect the validity or enforceability of any remaining parts of these Terms.

19. Injunctive Relief

You agree that a breach of these Terms will cause irreparable harm to Perstoc, for which monetary damages alone would not be an adequate remedy. Therefore, Perstoc shall be entitled to equitable relief, including but not limited to injunctions, in addition to any other remedies it may have under these Terms or at law, without the need for a bond, other security, or proof of damages.

20. California Residents

If you are a California resident, in accordance with Cal. Civ. Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by writing to 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by calling (800) 952-5210.

21. Export Laws

You agree that you will not export or re-export, directly or indirectly, the Service, and/or any other information or materials provided by Perstoc, to any country for which the United States or any other relevant jurisdiction requires an export license or other governmental approval at the time of export without first obtaining such license or approval. Specifically, but without limitation, the Service may not be exported or re-exported (a) into any U.S.-embargoed countries or any country designated by the U.S. Government as a “terrorist supporting” country, or (b) to anyone listed on any U.S. Government list of prohibited or restricted parties, including the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Service, you represent and warrant that you are not located in any such country or on any such list. You are responsible for and agree to comply, at your sole expense, with all applicable United States export laws and regulations.

22. Survival

All provisions of these Terms that by their nature should survive termination shall continue in full force and effect following the termination of these Terms by either Perstoc or you. Termination will not limit any of Perstoc’s other rights or remedies at law or in equity.

23. Miscellaneous

These Terms, together with any other applicable terms or policies incorporated by reference, constitute the entire agreement between you and Perstoc regarding your access to and use of the Service. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of Perstoc. Perstoc’s failure 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 hereunder shall be deemed a waiver of any preceding or subsequent breach or default. The section headings used herein are for reference only and shall have no legal effect.

The Service is operated by Perstoc in the United States. Those who access the Service from locations outside the United States do so at their own initiative and are responsible for compliance with applicable local laws. You and Perstoc agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to the interpretation or construction of these terms.

Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties hereto and are not intended to confer third-party beneficiary rights upon any other person or entity.