CHEYNI TERMS & CONDITIONS
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CHEYNI TERMS AND CONDITIONS
Date of Initial Publication: 12 June 2022
Last update: 9 June 2023
1.1. Welcome to Cheyni! Cheyni is the world’s first NFT Marketplace powered by a VOD platform on Ethereum (“ETH”) for creators, investors, users and collectors. Cheyni NFT platform allows you to create, display, buy and sell and collect non-fungible tokens (“NFT”) which are Ethereum-based tokens complying with the ERC 721 standard, ERC-1155 standard or similar nun-fungible token standard, get your digital goods highlighted (“Services”), get verified as artists and collectors, and is made available to you by https://cheyni.com & https://nft.cheyni.com (“Cheyni”). Cheyni is a platform, and not a broker, financial institution or creditor. Cheyni is an administrative platform only and facilitates transactions between the buyer and seller and is not a party to any agreement between the buyer and seller of crypto assets between any Users.
1.3. Transactions that take place on the Site are managed and confirmed via Ethereum. The User understands that your Ethereum public address will be made publicly visible whenever you engage in a transaction on the Site. We neither own nor control any third party site, product, or service that you might access, visit, or use for the purpose of enabling you to use the various features of the Site. We will not be liable for the acts or omissions of any such third parties, nor will we be liable for any damage that you may suffer as a result of your transactions or any other interaction with any such third parties.
1.5. Our Services are not intended for people under the age of 18 and, by accessing the Services and/or using the Services in any way, you accept and acknowledge that your parents or your legal guardian has read, understood and agreed to these Terms and Conditionsand parents or legal guardians are responsible from use of the Cheyni Services by the kids below the age of 18.
2. The Nature and the Use of Services
2.1. Cheyni NFT Marketplace is built on NFTify system. Creating, buying, selling and transferring NFTs on our Site are facilitated by NFTify system (https://nftify.network/) which is a public software utility deployed on BSC, which is accessible directly through any Ethereum node or indirectly through any compatible Ethereum “wallet” application that interacts with such a node. Through the NFTify system, any person may create, buy, sell and transfer Collectibles.
2.2. Interacting with the NFTify system through the Site requires use of an independent, User-operated Ethereum wallet application through which the user may broadcast the transaction message to Ethereum for processing by Ethereum nodes. The Site may be used to generate standard transaction messages for interacting with the NFTify system and transmitting those messages to the wallet application. Through the wallet application, a User may broadcast the transaction message to Ethereum for processing by Ethereum nodes. Assuming normal operation of the wallet and the relevant Ethereum nodes, the Ethereum nodes should utilize such transaction messages to make function calls against the relevant bytecode and ultimately include the results of such computations in an Ethereum transaction block, thus effectuating an interaction with the NFTify system. The Users, are hereby granted a non-transferable, personal, non-sublicensable license to use the NFTify system and the Site for their intended purposes.
2.3. The Smart Contracts are configured to facilitate the execution of a voluntary User offer, an acceptance of an offer, or other confirmation to purchase, sell, bid on, list, or transfer a Cheyni crypto asset. The User acknowledges the risk of Smart Contracts and agrees to be bound by the outcome of any Smart Contract operation whether or not the Smart Contract behaves as the User expects. The Users acknowledge the risk of smart contracts and blockchain technology as the Cheyni Marketplace transactions, through the Site use smart contracts and blockchain technology. Users acknowledge and agree that such technologies are experimental, speculative, and inherently risky. Users accept that the Smart Contracts may be subject to bugs, malfunctions, timing errors, hacking and theft, or changes to the protocol rules of the Ethereum blockchain which can adversely affect the smart contracts and may expose you to a risk of total loss, forfeiture of your crypto assets, or lost opportunities to buy or sell Cheyni crypto assets. As such Cheyni assumes no liability or responsibility for any such smart contract or related failures, risks, or uncertainties.
2.4. Users are forbidden from engaging in any attack, hack, denial-of-service attack, interference, or exploit of any Cheyni Smart Contract. Cheyni makes no representations or warranties, express or implied, written or oral, made by or on behalf of Cheyni in connection therewith, including any representations or warranties of title, non-infringement, functionality, merchantability, usage, security, suitability or fitness for any particular purpose, workmanship or technical quality of any Cheyni crypto asset, smart contract code, or software.
2.5. Cheyni shall not be liable to you for contract, tort, or any other types of damages, including indirect, special, incidental, consequential, punitive or exemplary damages arising out of or related to participation in or the outcome of a Cheyni Marketplace transaction. Cheyni’s liability for damages under this Terms and Conditions shall in all cases be limited to, and under no circumstances shall exceed, the amounts actually receivedby Cheyni after deducting all costs, fees and liabilities incurred by or on behalf of Cheyni.
2.6. Cheyni may from time to time amend the list of smart contracts in the NFTify system by adding or removing by decode addresses from the list of smart contracts. In case any bytecode is removed from the NFTify system, users would no longer be able to interact with or read the data that is associated such bytecode through the Site. It is our aim that Users can continue to interact with such bytecode directly through any Ethereum node or indirectly through any compatible Ethereum wallet application, but such interactions may require technical expertise beyond those of most Users.
3. User Conduct
3.1. The Users agree that while accessing or using the Services they shall not:
• Manipulate market prices,
• Bid, make offer or purchase their own NFTs offered on the Cheyni Site, especially with the purpose of artificially increasing their prices,
• Engage in deceptive conduct that may prevent competition, or may artificially inflate or deflate the price of a NFT, or simulate a demand for a NFT,
• Use the Cheyni Marketplace to conceal their economic activity, launder money or finance terrorism,
• Use the Cheyni Marketplace to transfer assets relating to criminal activity,
• Assume a false identity, or impersonate others,
• Engage in any act, practice or course of business that operates or would operate as a fraud or deceit upon Cheyni,
• Violate, breach or fail to comply with any applicable provision of these Terms and Conditions,
• Hack or attempt to hack Cheyni Site and systems or any member of Cheyni community, or upload files that contain viruses, Trojan horses, worms, bots, time bombs, corrupted files or any other similar software that may damage the operation of Cheyni’ or another’s property of may interfere with the NFTs,
• Create, buy, sell or use any NFTs that infringes or in a manner infringing the copyright, trademark, patent, trade secret or other intellectual property or other proprietary rights of others, or upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws (including, copyright or trademark laws) or rights of privacy or publicity unless the applicable User owns or controls the rights thereto or has received all necessary consent to do the same,
• Violate any applicable laws, regulations, or rules,
• Use the NFTs in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming, or any duplicative or unsolicited messages,
• Violate the legal rights of others,
• Defame, abuse, harass, stalk, threaten others,
• Publish, post, distribute or disseminate any profane, obscene, pornographic indecent or unlawful content, pictures, topic, name, material or information,
• Utilize the NFTs to transact in securities, commodities futures, trading of commodities on a leveraged, margined or financed basis, binary options, real estate or real estate leases, equipment leases, debt financings, equity financings or other similar transactions,
• Conduct electronic spamming or otherwise distribute any unsolicited or unauthorized advertising, promotional or marketing material, junk or chain messages,
• Disassemble, decompile, reverse-engineer or otherwise attempt to derive the source code, object code, underlying concepts, ideas and algorithms of the Site or any components thereof,
• Take any action to gain or attempt to gain unauthorized access to the account or wallets of other users.
3.2. The Usersirrevocably release, acquit, and forever discharge Cheyni for and against any and all past or future causes of action, suits, or controversies arising out of another User’s violation of the these Terms and Conditions.
3.3. The Users hereby agree and acknowledge that any forbidden Marketplace conduct described herein may be a violation of laws or these Terms and Conditions. Cheyni hereby reserves the right to completely or partially restrict or revoke a User’s access to the Site for violating these Terms and Conditions. Cheyni reserves the right to amend, rectify, edit, or otherwise alter Cheyni Market transaction data to mitigate market harm caused by a Users’ violation of these terms.
3.4. NSFW content is intended for those who are at least 18 years old. We allow the sale of this content, but it will be tagged as NSFW and treated differently in navigation menus and search results than non-NSFW assets. Asset names, listings, and descriptions, as well as smart contract names and collections containing profanity or overtly sexual content, are prohibited on Cheyni Site and will be removed. A smart contract that contains NSFW content will be flagged as NSFW, even if the NSFW content is only a small fraction of the overall material. Create and list no unlawful or offensive materials, such as merchandise depicting graphic sexual actions or photographs depicting children under the age of 18 in a sexually provocative manner. In any content you list or publish on Cheyni Site, do not include profanity or graphic language.
4. Ownership and Intellectual Property
4.1. All content on the Cheyni is created by Cheyni or its partners. Cheyni makes no representation or warranties as to the quality, origin or ownership of any content -other than Cheyni original content. Cheyni shall not be responsible for any errors, misrepresentations for the content or the availability of the content -other than Cheyni original content. Cheyni shall not be responsible for any damages, losses or injuries from the purchase, inability to purchase, display or use of the content -other than Cheyni original content.
4.2. All works minted on the Site are subject to Cheyni license and all Users who receive a Cheyni item acknowledge and agree to being subject to the conditions of the license. By purchasing a crypto asset you own a cryptographic token representing the artist’s creative work as a piece of property, but you do not own the creative work itself. Collectors may display and share the artwork to demonstrate their ownership of collected Cheyni items, but they do not have any legal ownership, right, or title to any copyrights, trademarks, or other intellectual property rights to the artwork, with the exception of the limited license granted to artwork by these Terms and Conditions. The artist retains the unique copyrights to the Artworks that underpin the Artist's Cheyni items minted on the Site, including the right to reproduce, prepare derivative works, display, perform, and distribute the artworks.
4.3. Users may not infringe on any of the exclusive rights of the copyright holder (“Artist”). By Minting items on the Site, Artist affirmatively grants a limited, worldwide, non-assignable, non-sublicensable, royalty-free license to display the artwork underlying Cheyni items legally owned and properly obtained by the User. The Users shall not make commercial use of the artworks, but they have the right to sell, trade, transfer or use their Cheyni items.
4.4. The Users, without obtaining the artist’s express prior written consent, may not:
• manipulate, distort, mutilate, or otherwise alter the work in any way that would be detrimental to the Artist's honor or reputation,
• utilize the work to promote, market, or sell a product or service provided by a third party,
• utilize the work in conjunction with photographs, videos, or other kinds of media that represent hatred, bigotry, violence, cruelty, or anything else that might be construed as hate speech or otherwise infringe on others' rights,
• incorporate the work into commercially viable films, videos, video games, or other kinds of media,
• sell, distribute for profit, or otherwise commercialize items including, containing, or consisting of the work,
• attempt to obtain additional intellectual property rights in or to the work through trademarking, copyrighting, or other means,
• make an attempt to mint, tokenize or produce a new cryptographic token that represents the same work,
• distort, misrepresent, or conceal the work's or Cheyni item’s authorship,
• use the work for the User’s or any other third party's economic gain.
4.5. The User accepts and accepts that lawful possession, title, and ownership of a Cheyni Item is a necessary and sufficient condition precedent to receiving the limited license rights to the underlying work granted under these Terms and Conditions. Any subsequent transfer, disposition, burning, or other relinquishment of a Cheyni item, as provided by these Terms, shall immediately terminate the former owner's rights and interests in the license or Cheyni item.
4.6. All legal right, title, and interest in all intellectual property rights to creative works underlying Cheyni items minted by the artist on the Site belongs to the artist, including copyrights and trademarks. The artist has various exclusive rights to the work as the copyright owner, including the right to reproduce, the right to develop derivative works, the right to distribute, and the right to show or perform the art.The artist acknowledges, understands, and accepts that minting a work on the Site represents an express and affirmative grant of the restricted license rights to the work to all subsequent owners of the Cheyni item is subject to and in compliance with these Terms and Conditions.
4.7. Minting a work on the Site constitutes an express representation, warranty, and covenant that the artist has not, will not, and will not cause another to mint, tokenize, or create another cryptographic token representing a digital collectible for the same work, excepting, without limitation, the artist's ability to mint, tokenize, or create another cryptographic token representing a digital collectible for the same work.
4.8. The Artist acknowledges, understands, and agrees that minting a work on the Site constitutes an express and affirmative grant to Cheyni a non-exclusive, worldwide, assignable, sublicensable, perpetual, and royalty-free license to make copies of, display, perform, reproduce, and distribute the work in any media now known or later discovered for the purposes of the Site.
4.9. By minting a work on the Site and therefore granting such abovementioned license to Cheyni, the Artist acknowledges and agrees that Cheyni may display, promote or share any work in any media including the NFT Zones on the Site in anyway the Cheyni deems appropriate. Unless it is explicitly stated otherwise by the Collector or the Artist, Cheyni maintains the right to display, promote or share the working any media including the NFT Zones.
4.10. The artist and all Users hereby irrevocably release, acquit, and forever discharge Cheyni and its subsidiaries, affiliates, officers, and successors from any and all liability for direct or indirect copyright or trademark infringement resulting from Cheyni’use of a work in accordance with these Terms and Conditions, including without limitation, Cheyni’solicitation, encouragement, or request for Users or third parties to host the work.
4.11. Cheyni respects the intellectual property rights of others, and we try to swiftly respond to any claim that content on the Site infringes on someone's copyright or other intellectual property rights. Cheyni shall investigate notifications of alleged infringement and, if necessary, take appropriate action under the laws and these Terms, such as deleting or disabling access to allegedly infringing content and/or terminating accounts and access to the Site. You may opt to report on such content through email@example.com.
4.12. Any person who knowingly misrepresents that content or an activity is infringing, or that any material or activity was removed or disabled by mistake or misidentification, shall be liable to us and possibly others for any damages, including costs and attorneys' fees incurred by us in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material.
4.13. Cheyni maintains the right to remove any content that purportedly infringes on another's copyright or trademark rights, limiting access to or visibility of the work on the Site, as well as the owner's ability to sell, access, or view the work on the Marketplace. All Cheyni transactions shall be made with the understanding and acceptance of the risk that the item will be removed from the Cheyni Site and Marketplace as a result of a copyright dispute or a User's violation of these Terms and Conditions. Cheyni will not be liable to a User or an artist of an item that was later taken down by Cheyni as a result of a valid copyright claim or a judgment that a User has violated these Terms and Conditions.
4.14. Artists expressly agree to refund the entire portion of the ETH received from the sale of a Cheyni item that was later removed from the Site due to a legit copyright claim. In no event will Cheyni be responsible against any Users for removing allegedly infringing works from the Site or otherwise carrying out its legal duties set forth under the laws.
4.15. The Users understand and agree that the Cheyni Site may contain information or features that are protected by copyright, patent, trademark, trade secret, or other intellectual rights and laws. The Users undertake not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on the Cheyni Site, in whole or in part, unless Cheyni expressly authorizes you to do so.
4.16. The Users will not engage in or utilize any data mining, robots, scraping, or similar data collection or extraction activities in conjunction with their use of the Site. If Cheyni prevents the User from using the Site (i.e., by restricting the User’s IP address), the User undertake not to take any steps to circumvent this restriction.
4.17. Cheyni own the technology and software that underpins the Site. The Users undertake not to duplicate, alter, adapt, translate, create a derivative work from, reverse engineer, reverse assemble, or otherwise seek to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Site. Cheyni reserves all rights not expressly granted herein.
4.18. Cheyni’ name and logos are registered trademarks. Other company, product, and service names and logos that appear on the Site may be trademarks of their respective owners, who may or may not endorse, be affiliated with, or be related to Cheyni. Without our prior written permission in each instance, nothing in these Terms and Conditions or the Site should be regarded as providing, by implication, or otherwise, any license or right to use any of the Cheyni’trademarks displayed on the Site.
5. Fees, Commissions, Royalties and other Charges
5.1. Every transaction on Cheyni including minting, tokenizing, bidding, listing, offering, purchasing, and confirming, are facilitated by smart contracts on the Ethereum network. Every transaction on Cheyni platform thus on the Ethereum network requires the payment of a transaction fee (“Gas Fee”) to the Ethereum network. Such Gas Fee is paid to ETH miners in Ethereum network through the User’s independent wallet applications as consideration for mining the User’s transactions and are set through the independent wallet applications of the Users depending on the market conditions of ETH. The Gas Fee value may change frequently, and unpredictably, and is completely out of Cheyni’s control. The Users understand and accept that agreements, offers, bids or other kinds of transactions on Cheyni shall not be invalidated, revoked, or otherwise become unenforceable due to the Gas Fee for such transaction being too high, unknown, or otherwise inappropriate.
5.2. Every transaction on Cheyni such as buying, selling, transferring, bidding on and creating NFTs are subject to fees, commissions, royalties, gas fees and other charges (“Fees”). Such Fees are determined by Cheyni, Creators or Cheyni community. By using Smart Contracts, all Fees are collected and distributed at the time of the purchase of a Cheyni item. As of the Effective Date of these Terms and Conditions all Fees are payable and must be paid in ETH, and Cheyni may determine and change the manner of payment of the Fees at its sole discretion. All transactions on Cheyni are final and non-refundable except at the sole discretion of Cheyni. The Smart Contracts are set up to facilitate the execution of offers, acceptance of an offer, confirmation to purchase, sell, bid on, list or transfer a Cheyni item. The Users recognize the risk of Smart Contracts and agrees to be obligated by the outcome of any Smart Contract activity, whether or not the Smart Contract behaves as the Users anticipate.
5.3. From every transaction on Cheyni Site, Cheyni collect a Transaction Commission of 2,5% from buyers and 2,5% from sellers. Such Transaction Commission is subject to change at the sole discretion of Cheyni As of the Effective Date of these Terms and Conditions minting gas fees are approx. $1. Creators on the Cheyni Site are also allowed to set a Royalty Fee for their works (for maximum up to 40%) to be paid by the Users who sell that item. Once a Creator sets a Royalty Fee, such is embedded in the smart contracts and cannot be modified later on.
5.4. Cheyni does not represent, guarantee, or warrant the pricing of any Cheyni items sold of offered on or off the Site to be accurate or fair, and the Users recognize and agree that the price of an item acquired on the Cheyni site might have been influenced by User conduct outside of Cheyni control. The Users accept and understands that Cheyni is not a fiduciary and does not have the duty to ensure that Cheyni items are priced fairly.
5.5. The Users are allowed to sell or transfer their items on third party exchanges and vice versa their items from third party exchanges on the Cheyni Site. The users hereby waive any entitlement they have to royalties, commissions, or fees for those off market transactions on third party exchanges. The Users irrevocably release, acquit and discharge Cheyni from any liability for royalties, fines and fees not received by the Users as a result of any off- market transactions.
6.1. The Users are responsible to pay any and all sales, use, value-added and other taxes, duties, and assessments now or hereafter claimed or imposed by any governmental authority, associated with your use of the Cheyni site (including, without limitation, any taxes that may become payable as the result of your ownership, transfer, purchase, sale, or creation of any artworks).
7. Risks and Disclaimers
7.1. Smart Contracts and blockchain technology are used in Cheyni Site transactions. The Users accept and agree that such technologies are fundamentally dangerous, experimental, and speculative. Users acknowledge and agree that the Cheyni smart contracts may be affected by bugs, malfunctions, timing errors, hacking and theft, or changes to the Ethereum Smart Chain protocol rules, all of which can result in total loss, forfeiture of your digital currency, crypto assets or Cheyni items, or lost opportunities to buy or sell crypto assets and Cheyni items. Cheyni shall in no way be liable for any such failures, risks or uncertainties related to Smart Contracts. Users acknowledge and agree to the risk of participating in Site transactions and assume full liability and responsibility for such any such transactions whether or not the Smart Contracts or the Cheyni Site work as intended or expected. Users agree that they are experienced and knowledgeable in dealing with blockchain technology and ETH-based transactions. Cheyni shall not be responsible or liable to the Users for any losses incurred to the use of Ethereum network, third-party electronic wallets, especially arising from user error, server failure, data loss, corrupted wallets, unauthorized access or activities by third parties such as viruses, phishing attacks.
7.2. Users recognize that the Site may have flaws and that Users are completely responsible for analyzing any code that the Site provides. This warning, along with those supplied by Cheyni in this Terms and Conditions, does not imply, or indicate a continuing obligation on Cheyni’ part to notify you of any potential dangers associated with using or accessing the Site.
7.3. The Site may be subject to sophisticated cyber-attacks, unanticipated surges in activity, or other operational or technical challenges, all of which could result in Site outages or delays. Users agree to accept the risk of Site failure due to unanticipated or heightened technical difficulties, including those originating from sophisticated attacks, and agree not to hold Cheyni liable for any losses resulting from such failures. Cheyni shall not be liable for any damage or interruptions caused by viruses that may infect Users’ computer or other equipment, as well as any phishing, spoofing, or other attack.
7.4. The value of blockchain crypto assets fluctuates a lot. Price fluctuations in other digital assets may have a considerable and negative impact on the value of Users’Cheyniitems, which may be subject to severe price volatility as well. The development of the Cheyni environment, and hence the potential utility or worth of Cheyniitems, could be harmed if there is a lack of use or public interest in the formation and development of distributed ecosystems. One or more regulatory inquiries, regulatory actions, or legislative policies that could impede or limit Cheyni’ ability to continue to develop the Cheyni Site, or that could impede or limit Users’ ability to access or use the Site or Ethereum could have an impact on the Site, ETH, and digital/crypto assets. Actual or potential copyright or trademark claims against Cheyniitems are also possible.
7.5. Financial risk may be associated with using the Site, including the creation, purchase, and sale of trading digital/crypto assets. By their very nature, digital/crypto assets are highly experimental, risky, and volatile, and as explained above transactions made through the Site are irreversible, final, and non-refundable. Users understand and agree that accessing and using the Site is at their own risk. Trading digital/crypto-assets has a significant risk of loss. In light of your circumstances and financial resources, Users should carefully assess if developing, buying, or selling digital assets is appropriate for them. By utilizing the Site, Users acknowledge that they have been, are, and will continue to be solely responsible for conducting their own independent evaluations and investigations into the risks associated with a particular transaction and the underlying digital/crypto assets. Users represent that they have adequate knowledge, market acumen, professional counsel, and experience to assess the merits and dangers of any transaction made through the Site or any underlying digital/crypto-asset on their own. Users accept all risks associated with using the Site, including the possibility of losing indefinite access to their digital/crypto assets. Users are solely responsible for all their transaction decisions. Regardless of anything else in this Terms and Conditions, Cheyni take no responsibility and will not be liable to Users in connection with Users’ use of the Site to conduct digital/crypto-asset transactions. Under no circumstances will the functioning of the Site, in whole or in part, be construed as establishing a relationship including the offering or tendering of investment advice.
7.6. Notwithstanding anything else in this Terms and Conditions, Cheyni shall not be liable or responsible to anyone for any special, incidental, consequential, indirect, punitive or exemplary damages, whether in contract, tort, warranty or otherwise.
7.7. In connection therewith, Cheyni makes no representations or warranties, express or implied, written or oral, made by or on behalf of Cheyni, including any representations or warranties of title, non-infringement, functionality, merchantability, usage, security, suitability or fitness for any particular purpose, workmanship or technical quality of any Cheyni Item or work, smart contract codification, or software. Cheyni shall not be liable to Users for any damages, including indirect, special, incidental, consequential, punitive, or exemplary damages, arising out of or related to Users’ participation in or the outcome of a Site transaction, whether or notCheyni has been advised of the possibility of such damages.
7.8. To the fullest extent of applicable laws, Cheyni and its affiliates, subsidiaries, and agents disclaim all warranties, conditions, and representations of any kind, whether express, implied, statutory, or otherwise, including those related to merchantability, fitness for a particular purpose, non-infringement, and those arising out of the use of the Cheyni Site.
7.9. Cheyni makes no representations or warranties about the accuracy or completeness of content available on or through the Site, about products, the value or title of Cheyni items, or the content of any third-party websites or services linked to or integrated with our site, to the extent permitted by applicable law. Cheyni and its affiliates will not be liable for any of the following:
7.10. Third-party activities, resources, products, services, content, or promotions owned, managed, operated, or sponsored by Cheyni are not endorsed or assumed responsible for by Cheyni.Users do so at their own risk if they access such resources, products, services, or information, or engage in any such promotions.Users expressly waive and release Cheyni from any and all liability arising from Users’ use of any such resources, products, services, or content, or from Users’ participation in any such promotions.
8. Limitations of Liability
• Content errors, mistakes, inaccuracies,
• Personal injury or property damage caused by your access to or use of the site, or by your use of any items,
• Any illegal access to or use of our systems, or any personal information or user data,
• Any loss of data transmission to or from the Site,
• Any viruses, bugs, trojan horses or similar attacks that may be sent by a third party through or on the Site,
• Any damage or loss of any kind resulting from any content posted on the Site,
• Any damage or loss caused by another user’s breach of these Terms and Conditions.
8.1. To the extent permissible by law, Cheyni’ and its affiliates’ total liability for any claims and damages in all cases shall be limited to and shall not exceed the total amount Users paid and actually received by Cheyni in the previous twelve (12) months.
9.1. Users shall defend, indemnify, compensate, reimburse and hold harmless Cheyni from any claim, demand, action, damage, loss, cost or expense, including without limitation reasonable attorneys’ fees, arising out or relating to Users’ use of, or conduct in connection
with, the Cheyni Services and Site, Users’ violation of these Terms and Conditions or, Users’ violation of any rights of another person or entity.
10.1. If any term of these Terms and Conditions is determined to be invalid or unenforceable, that provision will be deemed severable from the rest of the Terms and Conditions, and the enforceability of the remaining sections will not be affected.
11.1. Unless otherwise noted, these Terms and Conditions may be changed or amended at any time without further notice. The most recent version of these Terms and Conditions shall be placed on the Site, with the Last UpdateDate at the top. Any updates or amendments will take effect as soon as they are posted on the Site. Any such amendments are Users’ responsibility to study and get comfortable with. Users renounce any right to obtain particular notification of such changes or adjustments. Users continued use of the Site following any amendments to the Terms and Conditions represents their acceptance of the new Terms and Conditions. Cheyni have the right to change or cancel all or part of the Site at any time including access to the Site via any third-party links, without warning or obligation.
12.1. Users agree that Cheyni may suspend or terminate Users’ account (or access to the Site) as well as remove and discard any content within the Site, for any reason, including, without limitation, if Cheyniis of the opinion that Users have violated or acted inconsistently with the letter or spirit of these Terms and Conditions. Users accept that their access to the Site may be suspended or terminated at any time without notice, and that Cheyni will not be liable to them or any third person as a result of such suspension or termination. If Cheyni terminate these Terms and Conditions or suspend or terminate Users’ access to or use of the Site as a result of their breach of these Terms and Conditions or any suspected fraudulent, abusive, or unlawful behavior, Cheyni shall do so in addition to any other legal or equitable remedies that Cheyni may have.
12.2. Users may terminate these Terms and Conditions at any time by canceling their access to or use of the Site and in case Users cancel their account or otherwise terminate these Terms and Conditions, Users will not receive any refunds.
12.3. Users acknowledge that if them or Cheyni terminate or expire these Terms and Conditions, Users may lose access to information they have posted on the Site, and Users acknowledge that Cheynihas no obligation to keep any such information in its databases or to forward any such information to the Users or to any third party.
13. Entire Agreement
13.1. These Terms and Conditions constitute the Parties’ entire agreement on the subject matter, and replace and void any and all earlier representations, arrangements, undertakings, and agreements relating to the same whether oral or in writing, express or implied. Each party accepts and acknowledges that it does not rely on any statement, representation, warranty, or understanding other than those specifically stated in these Terms and Conditions in agreeing to them.
14. Governing Law and Jurisdiction
14.1. The laws of Cayman Islands shall govern and construe these Terms and Conditions, without regard to any conflict of laws, rules, or restrictions. Users agree that any legal action arising out of or pertaining to these Terms and Conditions, the Site, or the services of Cheyni will be brought exclusively in the courts of Cayman Islands. For any such action, Users consent and submit to the personal jurisdiction of such courts. Cheyni will not be prevented from enforcing any right or provision of these Terms and Conditions in the future if it fails to so in the future. Cheyni have the right to assign its rights and responsibilities under these Terms and conditions in the event of a merger, acquisition, sale of assets or equity or by operation of law.
14.2. If a User has a potential legal dispute, claim or cause of action against Cheyni, the User must first contact Cheyni by sending an email to firstname.lastname@example.org, by describing the nature of such potential dispute, claim, or cause of action and by providing all relevant documentation and evidence thereof prior to initiating any legal proceedings. If Cheyni so chooses, the User must use commercially reasonable efforts to settle any such legal dispute, claim or cause of action within 60 days of receiving such communication.
15.1. Cheyni may, in its sole discretion and without prior notice, revise these Terms of Service; modify the Site and/or the Service; and discontinue the Site and/or Service at any time. Cheyni shall post any revision to these Terms of Service to the Site, and the revision shall be effective immediately on such posting. User agrees to review these Terms of Service and other online policies posted on the Site periodically to be aware of any revisions.
16. Force Majeure
16.1. Cheyni shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Cheyni, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Cheyni’ control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, pandemic, energy, labor or materials.
CHEYNI PRIVACY & POLICY
Date of Initial Publication: 12 June 2022
Last update: 9 June 2023
Welcome to Cheyni!
Personal Data We Collect
“Personal Data” corresponds to the information that can be used to identify or contact you.
“Anonymous Data” refers to the information that is not associated with or linked to your Personal Data and, as such, does not allow the identification of specific individuals.
We may collect the below listed Personal Data upon connecting to the Platform:
➢ Financial Data
o Your cryptocurrency wallet address
As you use Our Services through the Platform, We may collect Personal Data such as:
➢ Profile Data
o Your Display Name
➢ Usage Data
o The URLs of the pages you visited and the length of time you spent on those pages,
o Interactions with user interface,
o Analytics information used by Google Analytics,
➢ Technical Data
o Any referrer URL,
o IP addresses,
o The name of your access provider,
o Operating system type and version,
o Date and time of access,
o Other technology or information stored on the devices you allow Us access to when you visit the Platform or use the Services.
➢ Your Location Information
We may collect the below listed Personal Data that you would share with Us while verifying your account in the Platform:
➢ Identity Data
o Your account username,
➢ Contact Data
o Your e-mail address,
o Your social media addresses
➢ Transaction Information
o Details relating to the payments whether made to or from you
Purposes For Which We Use Your Personal Data
We may use the Personal Data We collect for the following purposes:
• For general administrative purposes
• To comply with the applicable law
• To create and secure your account in the Platform
• To display your username next to the digital assets you wish to sell on the Platform
• To evaluate system security and stability
• To ensure an absolute user satisfaction of the Services
• To facilitate your purchases and other interactions related to the Services
• To foreground assets appealing to your preferences
• To fulfill orders
• To improve and develop offerings and Services
• To maintain a stable and smooth connection to the Services
• To prevent, detect, and respond to illegal or unauthorized activities
• To provide a personalized and country-based homepage in the Platform
• To provide customer support to you
• To respond to your requests and inquiries related to employment or any other requests and inquiries
• To send you e-mail notifications related to your actions within the context of the Service, including notifications of offers on your digital assets
The legal grounds for the processing of your Personal Data are:
• Your consent
• The fulfillment of Our obligations
• For the provision of Our Services through the Platform
• Where it is necessary for Our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
• Where We need to comply with a legal obligation
How We Store Your Personal Data
For processing, any Personal Data you upload to the Platform is stored on secure and appropriate server infrastructure. The data shall be stored on the servers of the AWS us-east-2 situated in Ohio, USA. The data shall be stored for 10 years. We may inspect the stored data for the sole purposes of troubleshooting problems, gathering anonymized data and, storing your preferences.
The legal grounds for the storage of your Personal Data are:
• The fulfillment of Our obligations
• Where it is necessary for Our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
• Where We need to comply with a legal obligation
Cookies are small files which are automatically created and displayed on your browser at the time you access the Platform. Cookies neither harm your device nor contain any malicious software.
For Chrome: Open Chrome, click on the settings then select the “Advanced”. Find and click on the section “Clear browsing data”
For Firefox: Open Firefox, click on the privacy tab then click on the section “Clear your recent history” after you checked only the “Cookies” box and selected the relevant time frame.
For Safari: Open Safari and select the preferences from the menu. Then, click on “Privacy” and select “Manage Website Data”. Click on the “Remove all”.
For Internet Explorer: Launch Internet Explorer and select the “Tools” from the menu. Then, select the “Safety Menu” and from there check the “Delete browsing history” before you click on the “Delete”.
For Microsoft Edge: Open the Edge and select the “more” menu and click on the “Settings”. Under the “Clear browsing data” section select the “Cookies and saved website data” then clickon the boxes and click on the “Clear”.
We use two types of cookies in the Platform:
➢ Strictly Necessary Cookies: These are the cookies that are required to provide the Services to you
➢ Performance Cookies: These cookies allow Us to collect information regarding your interactions with the Platform which helps Us to improve and enhance Our Services. These cookies will remain in the browser until you delete them.
We want to enhance your experience by using cookies in the Platform according to the abovementioned purposes and interests. The legal basis for the processing of your Personal Data via cookies are:
• The fulfillment of Our obligations
• Where it is necessary for Our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
If you reject cookies, some features that make the Platform function property may not work and your experience may be negatively affected.
Additionally, We may work with third-party companies in the future, such as advertisers, to collect non identifying data such as third-party cookies, local storage and other tracking technologies relating to the information about your activities on the Platform in order for Us to better understand how the Services in the Website are used and operated. We may have no control over these third-party cookies or services.
Disclosure Of Your Personal Data
In the future, in order the provide Our Services in the Platform, We may share your Personal Data with service providers, subcontractors, agents and other associated organizations. However, We would not allow Our third-party service providers to use your Personal Data for their own purposes instead only allow them to process it for certain purposes within the context of Our instructions.
International Transfer Of Your Personal Data
Whenever your Personal Data is transferred outside of the European Economic Area (“EEA”)We ensure that it is protected to the same extent as it is within the EEA by implementing at least one of the following safeguards:
• We will only transfer your Personal Data to countries that have been determined by the European Commission that they have an adequate level of protection for Personal Data.
• We shall use specific contracts approved by the European Commission which give Personal Data the same protection it has in EEA.
• We will only transfer your Personal Data to the US-based providers if they are part of the Privacy Shield which requires them to implement similar protection to your Personal Data.
California Privacy Rights
California residents have the right to request a notice identifying the categories of personal customer information that We share with Our affiliates and third parties for marketing purposes, as well as contact information for such affiliates and third parties, under California Civil Code sections 1798.83-1798.84.
Please note that We do not and will not sell your personal information without providing you the ability to opt-out beforehand.
Please send a written request to the email@example.com e-mail address if you are a California resident and would like a copy of this notice.
The Digital Millennium Copyright Act
The Digital Millennium Copyright Act (DMCA) establishes a notification and counter-notification procedure that is initiated by a party who complains about alleged copyright infringement on the Platform.
We may share information about the notifying and counter-notifying parties, as well as any involved third parties of an allegedly infringing artwork in order to initiate and facilitate communication between the relevant parties to comply with or resolve a DMCA dispute or allegation of copyright infringement.
Analytics and Research
The Security Of Your Data
We have implemented necessary security measures to protect your Personal Data from being lost, misused, accessed in an unauthorized manner, altered, or exposed by accident. Furthermore, We restrict the access to your Personal Data by service providers, agents, subcontractors, and other third parties who require it for business purposes and limit the processing of your Personal Data with strict confidentiality obligations and Our instructions.
Bearing in mind the natural dangers of processing and storing your Personal Data possess, We undertake that the necessary steps to processing and storing your Personal Data securely have been taken such as:
• Organizational precautions, including but not limited to staff training and access restrictions,
• Technical measures, including but not limited to storing your Personal Data in secure and reliable servers, implementation of the authentication system, and restricting the access of non-authenticated users to the servers.
However, no security system is impenetrable, and guaranteeing the complete security of systems would be illogical. In case of a breach of security resulting in compromising of Personal Data, We will take the necessary steps to investigate the situation and notify those individuals whose information may have been compromised if necessary, and take other steps in accordance with any applicable laws and regulations.
Our Note Regarding The Children
Our Services in the Platform are not intended for and directed at visitors aged under thirteen. We do not intentionally gather Personal Data from such visitors. If you are under thirteen please do not attempt to use Our Services or share your Personal Data with Us.
In cases that We became aware of any Personal Data accidentally processed belonging to a visitor under the age of thirteen, We shall immediately take the necessary steps to delete the Personal Data from Our storage systems.
Cheating, Crime and Fraud Prevention
We may use personal data that we hold to prevent cheating, crime or fraud. We may also need to pass your information to fraud prevention agencies and other organizations involved in crime and fraud prevention, such as the police.
You can always contact Us via the e-mail address firstname.lastname@example.org in orderto update, correct or demand the deletion of your Personal Data.
Rights of the Users Subject To GDPR
Within the context of the above-demonstrated data processing and storage, you have the right to:
➢ Request information about your Personal Data processed by Us. You can request the information regarding the purpose and category of the Personal Data just as well as the categories of the recipients of the Personal Data which transferred, the planned retention period, the right to rectification, deletion, limitation of processing or opposition, the existence of the right to complain, the source of your data in cases it is transferred to Us and the existence of automated decision-making.
➢ Demand the correction of the Personal Data We stored, whether it is incorrect or not.
➢ Demand the correction or deletion of your Personal Data stored by Us, unless the processing is required for the exercise of your right to free expression and information, for the fulfillment of a legal obligation, for the reasons of public interest, or for the assertion, exercise, or defense of legal claims.
➢ Demand the processing of your Personal Data to be restricted. Dispute the accuracy of the data regarding whether the processing is lawful or not, or whether We still need the data. You can exercise a defense of your legal claims if you have objected to data processing in accordance with the Article 21 of the GDPR.
➢ Receive your Personal Data provided to Us in a structured, standard, and machine-readable format or to request transmission to another responsible person.
➢ You may revoke your consent which you gave Us at any time. As a result, We are not allowed to continue processing data based on this consent cancellation.
➢ Contact the supervisory authority of your usual place of residence or workplace.
Bear in mind that smart contracts that collect Personal Data are used in the Platform and such Personal Data may be stored on the blockchain which We cannot exercise control over it. Therefore while you use Our Services in the Platform, you consent to allow your information to be cryptographically transmitted and stored on the respective blockchain relevant to the smart contract, and any deletion or modification of that information shall be governed by the terms of that relevant smart contract.
You have the right to revoke any consent you have previously provided Us at any time. Subsequently, We will no longer process personal data based on this consent in the future. The legality of the processing based on the consent until the revocation is not affected by the revocation of the consent.