Terms

Last Updated: November 15, 2024

BOXYZ (the “Company” or “we” or “us”) website and other software, media channels or applications connected thereto are made available to you in accordance with the following terms and conditions (the “Terms”). By installing, accessing or using the AnglerzNFT (as defined below) you explicitly agree with the terms and conditions of this terms. If you don’t agree to these Terms, then you have no right to access or use the AnglerzNFT.

1. GENERAL TERMS AND CONDITIONS.

We may offer for sale non-fungible tokens (“Company NFTs”)and/or other digital assets (“Digital Assets”) (collectively, "Company Products") through our website.

You agree that if you are under the age of 18 or whatever is the age of legal majority where the area to live in, you represent that your legal guardian has read, understood, and agreed to these Terms.

The AnglerzNFT are not directed to children under 13 in the U.S., and under the applicable age of consent in other countries.

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 website through use of any third-party services.

You shall refrain from using, accessing, downloading, or otherwise exporting, or transferring the Online Services in violation of applicable export control, economic sanctions, and import laws and regulations. You represent and warrant that You are not subject to any such prohibitions.

Our website is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, and graphics on the website (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms or under an applicable license on our website, no part of the website and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose, without our express prior written permission. Provided that you are eligible, you are granted a limited license to access and use the website solely for your personal, non-commercial use. We reserve all rights in and to the website, the Content, and the Marks.

2. DIGITAL ASSETS.

Digital Assets acquired from our platform can be bought, sold, and/or exchanged on external marketplaces or exchange platforms, an activity referred to as "Secondary Transactions". Such exchanges are governed by the rules and guidelines set by these external platforms. Our involvement does not extend to these Secondary Transactions. We offer no assurances regarding the operation or availability of these third-party platforms and usage of them is entirely at your own peril. We shall bear no responsibility to you or to any outside party for any demands or damages that might rise in connection to your Secondary Transactions or your engagement with these third-party platforms

Unless we state otherwise, you will be solely responsible for paying any and all income, capital gains, sales, use, value-added, and other taxes, duties, and assessments currently or subsequently claimed or imposed by any governmental authority (collectively referred to as "Taxes") associated with Digital Assets purchased or otherwise received by you. This includes, but is not limited to, any taxes that may become payable as a result of your ownership, transfer, purchase, receipt, or sale of a Company NFT.

For Digital Assets released by us prior to XX XX, 2024, you understand and acknowledge that we will only recognize such Digital Assets on the Proof of Stake Ethereum chain (with chainID of 1) as subject to the applicable license on our website and eligible to participate in activities tied to the ownership of our Digital Assets. In the event of any further changes to the operating rules of the underlying software protocol of a relevant blockchain network resulting in two different branches of the relevant blockchain network, both parties acknowledge and agree that the Company may, at its sole discretion, decide whether to support or cease supporting the Company NFTs on either branch of the forked software protocol. You acknowledge and agree that we assume no liability, obligation, or responsibility whatsoever regarding the operation of underlying software protocols or an unsupported branch of a forked software protocol, including, but not limited to, any viable Proof of Work Ethereum Fork, and you acknowledge and assume the risk associated with this.

3. REPRESENTATIONS AND WARRANTIES.

By using the website, you affirm and guarantee that: (1) you possess the legal capacity and agree to abide by these Terms; (2) you are not a minor in your place of residence; (3) you will not access the website via automated or non-human means, such as bots, scripts, or other methods; (4) you will not utilize the Site for any unlawful or unauthorized activities; (5) your use of the website will comply with all applicable laws and regulations.

4. COVENANTS AND RESTRICTIONS.

To use the website, you agree not to, and will not permit any third party to, do or attempt any of the following without our prior written consent: (1) circumvent, interfere with, disable, or disrupt the website or servers or networks connected to the website, or any security-related features of the website in any manner, including but not limited to uploading or transmitting (or attempting to upload or transmit) viruses, Trojan horses, or other similar harmful material; (2) violate any applicable local, state, national, or international law, or any regulations having the force of law, including but not limited to those of the U.S. Department of Treasury's Office of Foreign Assets Control (“OFAC”), or engage in activities involving the proceeds of any unlawful activity; (3) attempt to bypass any measures of the website designed to prevent or restrict access to the website, or any portion of the website; (4) use the Company Products to advertise or offer to sell or buy any goods or services for any purpose not specifically authorized herein or under the applicable license agreement; (5) decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the website; (6) use any Company Products to further or promote any criminal activity or enterprise, or provide instructional information about illegal activities, including for the purpose of concealing economic activity, laundering money, or financing terrorism; (7) copy or adapt the website’s software or code; and (8) use any Company Products to carry out financial activities subject to registration or licensing, including but not limited to creating, listing, or buying securities, commodities, options, real estate, or debt instruments.

5. PRIVACY.

You understand that the Company may occasionally need to collect personal data from you, including, but not limited to, identification information such as your name, email address, shipping address, and cryptocurrency wallet information. You acknowledge and agree that we may share personal information with third-party service providers who assist us in meeting our operational needs, including, but not limited to, third-party payment processing services, hosting services, cloud services, and other information technology services.

The Company recognizes the importance of any data you provide and will handle such data with particular care. The Company will not sell any personal information to third parties. The Company will use commercially reasonable efforts to employ technical, organizational, and physical safeguards designed to protect the personal information we collect and safeguard your data. However, no security measures are infallible, and we cannot guarantee the security of your personal information. You are advised that there are inherent security risks in transmitting data, such as emails, addresses, or other personal information via the website, as it is impossible to completely safeguard against unauthorized access by third parties. The Company shall not be held liable for any damages incurred as a consequence of such security risks or for any related acts of omission on our part.

6. Modification

BOXYZ reserves the right, at its sole discretion, to modify, discontinue or terminate all or any of the AnglerzNFT, including any portion thereof, or to modify these Terms, at any time and without prior notice. If we modify these Terms , we will post these Terms as modified or otherwise provide you with notice of the modification. By continuing to access or use the AnglerzNFT after we have posted a modification to these Terms or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms is not acceptable to you, your only recourse is to cease using the AnglerzNFT.

General Prohibitions

You agree not to do any of the following:

● Use, display, mirror, or frame the Site or any individual element within the Site, including AnglerzNFT’ name, any AnglerzNFT trademark, logo, or other proprietary information, or the layout and design of any page or form contained on a page, without AnglerzNFT’ express written consent.

● Access, tamper with, or use non-public areas of the Site, AnglerzNFT’ computer systems, or the technical delivery systems of AnglerzNFT’ providers.

● Attempt to or actually probe, scan, or test the vulnerability of any system or network (collectively, “Systems”) or breach any security or authentication measures available or accessible through, or related to, the Site.

● Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any measure implemented by AnglerzNFT, any of AnglerzNFT’ providers, or any other third party (including another user) to protect the Site or any element thereof.

● Attempt to or actually access or search the Site, or download content (or any element thereof) from the Site, using any engine, software, tool, agent, device, or other mechanism (including spiders, robots, crawlers, data mining tools, or the like) other than the software and/or search agents expressly provided by AnglerzNFT or other generally available third-party web browsers.

● Access or use the Site, or any portion or element thereof, for any commercial purpose or for the benefit of any third party, or in any other manner not permitted by these Terms.

● Attempt to or actually decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Site or any element thereof, or any of the Systems.

● Interfere with, or attempt to interfere with, the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site or any Systems.

● Impersonate or misrepresent your affiliation with any person or entity, including but not limited to AnglerzNFT or any representative or agent thereof.

● Violate any applicable law or regulation.

● Directly or indirectly encourage or enable any other individual to do any of the foregoing.

AnglerzNFT is not obligated to monitor access to or use of the Site or to review or edit any Site content. However, we have the right to do so for the purpose of operating the Site, ensuring compliance with these Terms, and complying with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to the Site (or any element or content therein or thereof) at any time and without notice if we, at our sole discretion, consider it objectionable or in violation of these Terms. We have the right to investigate actual and suspected violations of these Terms or any other conduct that affects the Site. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

Links to Third Party Websites or Resources.

The Site may enable you to access third-party websites or other resources. We provide this access solely for your convenience and are not responsible for the content, products, or services available on or through these resources or the links displayed on such websites.

You acknowledge that you bear sole responsibility for, and assume all risks associated with, your use of any third-party resources.

Termination.

We may suspend or terminate your access to and use of the Site, at our sole discretion, at any time and without notice to you. Upon any termination or discontinuation of the Site or these Terms, the following Sections will survive:XX.

7. ASSUMPTION OF RISK, DISCLAIMERS AND LIMITATION OF LIABILITY.

The website is offered on an "AS IS" and "AS AVAILABLE" basis, without any representations, endorsements, or warranties of any kind, whether express or implied. This includes, but is not limited to, implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security, and accuracy. The Company does not guarantee that the website's functionality will be uninterrupted or error-free, that defects will be corrected, or that the website or the server hosting it are free of viruses or other harmful components. You expressly agree that your use of the website is at your own risk.

The Company makes no representations or warranties, express or implied, regarding the Company Products listed on the website or the Physical Products being offered. To the fullest extent permitted by law, the Company disclaims all warranties, including but not limited to implied warranties of quality, merchantability, fitness for a particular purpose, and non-infringement. There are no warranties, express or implied, that extend beyond the description of the merchandise. The Company will not be liable for any damages arising from the products, including but not limited to direct, indirect, incidental, punitive, and consequential damages, loss of profit, revenue, opportunity, or data. This disclaimer applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, destruction, or unauthorized access to, alteration of, or use of record, whether due to breach of contract, tortious behavior, negligence, or any other cause of action (including extra-contractual liability). If you are dissatisfied with the website, your sole remedy is to stop using the website.

In addition to the general disclaimer above, the Company specifically disclaims liability, and you hereby waive and release any and all claims arising out of or in connection with: any blockchain or related technology; any digital wallet (including but not limited to MetaMask) or similar technology or related service; the transfer or loss of any NFT or the inability to demonstrate ownership or control of any NFT; and any marketplace or other platform for buying, selling, or transferring any NFT.

You acknowledge and assume the following risks, for which the Company shall not be responsible under any circumstances: (i) risks associated with blockchain-based assets, including but not limited to price volatility and lack of liquidity, the risk of loss of your blockchain assets due to faulty hardware, software, and Internet connections and/or failures; the risk of introducing malicious software; the risk that third parties may gain unauthorized access to information stored within the wallet holding your blockchain assets; and the risk of loss of your blockchain assets due to loss of private key(s), custodial error, or purchaser error, for which we will not be responsible; (ii) we do not make any representations, warranties, promises, or guarantees, express or implied, about the availability of any blockchain assets on the internet; (iii) upgrades to the website; (iv) we do not make any representations, warranties, promises, or guarantees, express or implied, related to any third parties you interact with or their applications and/or services, including but not limited to the continued availability of either and/or the protection and/or storage of any data you provide to those parties; (v) there also exist: (a) risks of hacking, security weaknesses, fraud, counterfeiting, cyberattacks, and other technological difficulties; (b) risks of changes to the regulatory regime governing blockchain technologies, cryptocurrencies, and tokens, and new regulations, or unfavorable regulatory intervention in one or more jurisdictions, which may materially adversely affect the use and value of any blockchain assets; and (c) risks related to taxation. In addition to assuming all of the above risks, you acknowledge that we cannot and do not represent or warrant that any blockchain asset, or its supporting systems or technology, is reliable, current, or error-free, meets your requirements, or that defects in any blockchain asset, or its supporting systems or technology, will be corrected. We cannot and do not represent or warrant that any blockchain asset or its delivery mechanism is free of viruses or other harmful components. You understand that transactions in blockchain assets are irreversible, and losses due to fraudulent or accidental transactions may not be recoverable. You accept and acknowledge that we will not be responsible for any communication failures, disruptions, errors, distortions, or delays you may experience related to any blockchain asset. If the metadata associated with an NFT is no longer maintained at the storage location indicated in the URI contained in the NFT, the market value of such NFT may be reduced or eliminated entirely.

FOR CLARITY, UNDER NO CIRCUMSTANCES SHALL THE COMPANY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF GOODWILL, LOSS OF REPUTATION, COST OF SUBSTITUTE GOODS OR SERVICES, OR ANY INTANGIBLE LOSSES ARISING FROM YOUR USE OF THE WEBSITE, YOUR INABILITY TO USE THE WEBSITE, OR THE PRODUCTS OR SERVICES PROVIDED THROUGH THE WEBSITE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Notwithstanding the above, if the Company is found liable for any loss, damage, or cause of action (whether in contract, tort, or otherwise) arising out of or in connection with (i) these Terms, any features or functionalities of the website, its content, or your use or inability to use it, the Company’s liability shall be limited to the amount you paid for access or use of the website; or (ii) any product sold through the site, the Company’s liability shall be limited to the purchase price of that product.

8. INDEMNIFICATION

To the fullest extent allowed by applicable law, you agree to indemnify, defend, and hold harmless the Company, its affiliates, and their representatives (collectively, the “Indemnitees”), from and against any and all third-party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, but not limited to, attorneys' fees and expenses) and costs (including, but not limited to, court costs, settlement costs, and costs of pursuing indemnification and insurance), of any kind, whether known or unknown, foreseen or unforeseen, matured or unmatured, suspected or unsuspected, in law or equity, whether in tort, contract, or otherwise (collectively, “Claims”), including but not limited to property damage or personal injury, that arise out of or relate to (i) your use or misuse of the website, the Content, or the Company Products, (ii) your breach of these Terms, or (iii) your violation of any third party's rights, including another user of the website. You agree to promptly notify the Company of any third-party Claims and to cooperate with the Indemnitees in defending such Claims. Furthermore, you agree that the Indemnitees shall have the right to assume control of the defense or settlement of any third-party Claims.

9. Governing law and Jurisdiction

The laws of Japan, without regard to conflicts of law provisions, will apply to all matters arising out of or in connection with the AnglerzNFT and your access use thereof. By accessing and using the AnglerzNFT, you submit and consent to the exclusive jurisdiction of the Tokyo District Court located in Tokyo, Japan with respect to any dispute or cause of action arising out of or in connection with these Terms and the AnglerzNFT.

10. Notification

For notifications from BOXYZ to Users regarding the Service, BOXYZ will use a method that BOXYZ considers appropriate, such as posting in an appropriate place within the AnglerzNFT.

11. Class action waiver

To the fullest extent allowed by applicable law, you and BOXYZ agree that each party may bring disputes against the other party only in an individual capacity, and not as a class action, collective action or class arbitration, or as a private attorney general.

12. Miscellaneous

If any provision of these Terms, and/or Additional Terms is held to be invalid or unenforceable, that provision will be deemed to be restated to reflect as nearly as possible the original intention in accordance with applicable law, and the remainder of the Terms, and/or Additional Terms will remain in full force and effect.

If any provision of these Terms is held to be invalid or unenforceable, that provision will be deemed to be restated to reflect as nearly as possible the original intention in accordance with applicable law, and the remainder of the Terms will remain in full force and effect.

The Terms constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.

Nothing in the foregoing sentence shall exclude or restrict the liability of you arising out of fraud or fraudulent misrepresentation. Any waiver of any provision of the Terms will be effective only if in writing and signed by BOXYZ. The failure of the party to assert any right under these Terms shall not be considered a waiver of that party’s right will remain in full force and effect.

The Terms, including BOXYZ’s enforcement of those policies, are not intended to confer, and do not confer, any rights or remedies upon any person.

The original English version of these Terms may have been translated into other languages. In the event of inconsistency or discrepancy between the English version and any other language version, the English language version shall prevail.

You are not allowed to assign the Terms or any rights hereunder. BOXYZ is allowed at its sole discretion to assign the Terms or any rights hereunder to any third party, without giving prior notice to you.

13. Digital Services Act Information: European Union Users Only

Article 11 of the DSA stipulates online platforms must designate a single point of contact to enable direct communication with EU Member State authorities, the European Commission, and the European Board for Digital Services regarding the enforcement and implementation of the DSA.

These authorities can contact BOXYZ regarding the DSA at [e-mail] Such communications should be in English. In addition, please be sure to include your full name, contact information, and the name of the EU-based authority on whose behalf you are contacting us.

If you are a user of the AnglerzNFT in the European Union and you see content on tha the AnglerzNFT you believe to be illegal, you can submit a report to BOXYZ at [e-mail].