Depicted | Terms & Conditions

Terms & Conditions

Introduction

Welcome to Depicted, an online platform operated by Depicted LLC ("Depicted," "we," "us," or "our"). These Terms of Service ("Terms") govern your use of Depicted website(s), software (including mobile applications), NFT marketplace, and other related services (collectively, the "Service"). By using the Service, you agree to these Terms. Please read them carefully as they contain important information and affect your legal rights.
Depicted is a platform where you can access and interact with NFTs (non-fungible tokens) on public blockchains. NFTs are digital items implemented on blockchains, usually associated with specific content or data. When using the Service, you may view, explore, display, and create NFTs, as well as connect with others to mint, purchase, sell, or transfer NFTs
For the purpose of these Terms, "user," "you," and "your" refer to you as the user of the Service. If you are using the Service on behalf of a company or entity, "you" includes both you and that entity, and you represent and warrant that you are authorized to bind the entity to these Terms.
It's important to note that Depicted is not a wallet provider, exchange, broker, financial institution, or payments processor. We provide a peer-to-peer web3 service that facilitates interactions between users and NFTs on public blockchains. We do not have custody or control over the NFTs or blockchains you interact with, nor do we execute purchases, transfers, or sales of NFTs. To use our Service, you must use a third-party wallet that allows transactions on blockchains.
Depicted is not involved in any agreements between users, and you are fully responsible for verifying the identity, legitimacy, and authenticity of NFTs purchased from third-party sellers using the Service. We make no claims, guarantees, or recommendations regarding the identity, legitimacy, functionality, or authenticity of users or NFTs visible on the Service.
These Terms may be supplemented by additional terms for specific services offered by Depicted. In case of any conflict between these Terms and additional terms, the additional terms will prevail for the specific service.
Depicted reserves the right to change or modify these Terms at any time. If there are material changes, we will make reasonable efforts to provide notice through the Service. By continuing to use the Service after such changes, you confirm your acceptance of the revised Terms. It is your responsibility to review the Terms periodically to stay informed of any updates.
Accessing the Service To access Depicted Service, you need a blockchain address and a third-party wallet. Your Account on Depicted will be associated with your blockchain address, and you can add additional information, such as a profile picture, to personalize your Account. It's important to note that Depicted does not operate or control the contents of your wallet. You are responsible for the security of your wallet and should not share your credentials with anyone.
You must comply with all applicable laws when using the Service, and Depicted may restrict, suspend, or terminate your access if necessary to comply with legal obligations or ensure platform safety. We are not obligated to disclose the details of our actions in such cases.
You also represent and warrant that you are not located in an embargoed jurisdiction or subject to any sanctions that would prohibit your use of the Service. You agree to comply with all applicable laws and take responsibility for ensuring that your use of the Service in any country or jurisdiction does not violate any laws.
Depicted may request additional information and documents in certain circumstances, such as complying with legal requirements or investigating potential violations of these Terms. Failure to provide complete and accurate information may result in the suspension.

Access to Depicted

To use Depicted, you need a blockchain address and a third-party wallet. Your account on Depicted will be linked to your blockchain address and will display your NFTs and associated content. Depicted is not responsible for your wallet and cannot retrieve or control its contents. Keep your wallet secure and never share your credentials. If you have wallet issues, contact your wallet provider. You are responsible for your account and wallet, and we are not liable for any compromise. Notify us if you have security concerns. You must comply with all applicable laws when using the Service. We may restrict, suspend, or terminate your access for legal reasons. We are not obligated to disclose our actions to you.
By using the Service, you confirm that you are not in an embargoed jurisdiction, subject to sanctions, or connected to sanctioned entities. You also agree that you are not from the United States, Australia, or China. It is your responsibility to comply with local laws when accessing the Service. In certain circumstances, we may ask for additional information or documents. Failure to provide accurate information may result in a block on your access to the Service.
Your access may be interrupted due to various reasons, such as equipment malfunction, maintenance, or violation of terms. We may disable your account or change your username at our discretion. Users must be at least 18 years old. If you are 13 to 18 years old, you can use Depicted with parental approval and oversight. Users under 13 years old are prohibited from using the Service.

Ownership

The Service, including its visual elements, content, and materials, belongs to Depicted. You agree not to do anything that goes against our ownership rights. We reserve all rights to the Service and its content, including the right to create new versions. Our name, logo, trademarks, and other identifiers are the intellectual property of Depicted. You cannot copy or use them without our permission. The Service's appearance is also protected and cannot be copied. Other trademarks and product names mentioned on the Service belong to their respective owners. You cannot copy or use them without permission. Mentioning products or services does not imply endorsement by Depicted. We do not own or control NFTs or smart contracts created by others. The creators are responsible for their functionality and operation.

License to use Depicted and Service

You are given a limited, personal license to access and use the Service, but you must follow the Terms. If we provide you with any software or materials as part of the Service, you have the right to access and display them for personal, non-commercial use. You can also download the App onto your device. This license only allows you to use the Service as allowed by the Terms. Your license for any content associated with NFTs is determined by the seller or creator of the NFT.
Third-Party Content, Agreements, and Services
Depicted is a peer-to-peer web3 service that allows you to explore NFTs from third parties and interact with different blockchains. We don't guarantee the legitimacy or availability of the NFTs or their associated content. It's your responsibility to verify their authenticity and legality before making a purchase. NFTs can be bought, sold, or transferred independently of our Service, and there may be additional terms set by the sellers or creators that you need to follow. We are not involved in these terms. Sellers determine the prices and minting details of the NFTs, and Depicted may charge fees for its services. When using our Service, you may encounter links to third-party websites or applications, and we are not responsible for their content or any risks associated with them. Use them at your own discretion and be aware of their terms and conditions.

Conduct of users

We value openness and aim to provide a diverse view of different blockchains to people of all backgrounds. However, we reserve the right to take action if we believe you violate our terms or engage in unlawful activity. You agree that you will not violate any law, contract, intellectual property or other third-party right, and that you are solely responsible for your conduct and content, in connection with using the Service. You are responsible for your conduct and content while using our service. Here are some things you agree not to do:

Unauthorized use of another user's account.
Pretending to be someone else or using a wallet that belongs to someone else.
Engaging in name squatting or reselling usernames for profit
Accessing our service from a different blockchain address after being blocked without permission.
Sending spam or unwanted NFTs to others.
Using the service in a way that harms its functionality.
Trying to bypass access controls or obfuscate your traffic source.
Violating our developer policies or using the service for commercial purposes against our instructions.
Using automated tools or interfaces without our authorization.
Reverse engineering or attempting to access source code.
Selling or reselling the service or trying to avoid fees.
Manipulating search results or artificially inflating metrics.
Using the service for advertising or direct marketing.
Engaging in illegal financial activities or violating laws and regulations.
Using the service for illegal purposes or promoting illegal content.
Infringing on intellectual property rights or the rights of others.
Creating or promoting harmful content or activities.
Interfering with other users' enjoyment of the service.
Posting NSFW content, which may be handled differently.
It's important to do your own research (DYOR) to verify the authenticity and details of any NFT, collection, or account on our service. We do not guarantee their identity or legitimacy.

Intellectual Property Rights

You agree you are responsible for how you use the Service and the information you provide, including complying with laws and these Terms, including the User Conduct requirements mentioned earlier.
When you use the Service to create, submit, post, promote, or display content, or when you adhere to Depicted's metadata standards in your metadata API responses, you give us a worldwide, non-exclusive, sublicensable, royalty-free license to use, copy, modify, and display the content you submit or post on the Service. This license is for our current and future business purposes, including providing, promoting, and improving the Service. It covers all types of content such as text, materials, images, files, communications, comments, feedback, suggestions, ideas, concepts, questions, data, and any digital files, art, or other materials associated with NFTs displayed on the Service.
Submitting, posting, or displaying content on the Service doesn't mean Depicted claims ownership of that content. We're not saying we own it. We're just saying we might use it and showcase it.
You confirm that you have the necessary rights, licenses, consents, permissions, power, and/or authority to grant us the rights mentioned above for any content you create, submit, post, promote, or display on the Service.
You are solely responsible for the content and metadata of the NFTs and digital items you create. You represent and warrant that your content doesn't infringe upon copyright, trademark, publicity rights, or other intellectual property rights unless you have the necessary permission or legal entitlement to post the material and grant Depicted the described license. You also confirm that your content doesn't violate any laws.
If there are copyright, trademark, or other intellectual property infringement claims, we will remove the works in response to Digital Millennium Copyright Act (DMCA) takedown notices or similar claims (send requests to [email protected]). We will also terminate the access of users who are found to be repeat infringers. If you believe your content has been copied in a way that infringes your rights, please use our provided form or send a written notice to our designated copyright agent. Make sure to include the necessary information, such as identification of the infringed rights, a description of the material to be removed, your contact information (full legal name and email address), a declaration stating that you believe the use of the material is unauthorized, a statement of accuracy, and a statement under penalty of perjury that you are authorized to act on behalf of the intellectual property owner. Please note that we will share your notice with the party whose content is being removed, so they understand the reason for its removal and can contact you to resolve any disputes.

Communication

By creating an Account, you consent to receiving e-mails and information from Depicted and you agree to us sending you promotional materials.

Other terms

You are responsible for ensuring that you have the necessary mobile device, wireless service plan, software, internet connections, and any other equipment or services required to download, install, and use the App. We cannot guarantee that the App will be accessible or functional on any specific device or with any particular service plan. Additionally, we do not guarantee that the App or Service will be available in any specific geographic location.
If you are using the App from the Apple App Store, the following terms and conditions apply specifically to you: If any other terms and conditions in these Terms are less restrictive or conflict with the terms and conditions in this paragraph, the more restrictive or conflicting terms and conditions of this paragraph will apply solely to your use of the App from the Apple App Store. You acknowledge and agree that these Terms are solely between you and Depicted, and not with Apple. Apple bears no responsibility for the App or its content. Your use of the App must comply with the applicable terms of use of the App Store.
You acknowledge that Apple has no obligation to provide any maintenance or support services for the App. In the event that the App fails to meet any applicable warranty, you may notify Apple, and Apple may refund the purchase price of the App, if any. To the maximum extent permitted by applicable law, Apple will have no other warranty obligations with respect to the App, and any other claims, losses, liabilities, damages, costs, or expenses arising from a failure to meet a warranty will be governed solely by these Terms.
You acknowledge that Apple is not responsible for addressing any claims made by you or any third party relating to the App or your possession and use of the App. This includes, but is not limited to, claims of product liability, non-compliance with legal or regulatory requirements, or claims under consumer protection or similar laws. If any third-party claims arise regarding intellectual property infringement due to your use of the App, Depicted, not Apple, will be solely responsible for investigating, defending, settling, and resolving such claims, as required by these Terms. When using the App, you must comply with any applicable third-party terms of agreement.
You also acknowledge and agree that Apple and its subsidiaries are third-party beneficiaries of these Terms in relation 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.

Indemnity

By agreeing to these Terms and accessing the Service, you fully agree to indemnify, defend, and hold harmless Depicted and all its current, former, and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors, and assigns (collectively referred to as "Depicted Parties"), to the fullest extent permitted by applicable law. This indemnification includes protecting Depicted Parties from any actual or alleged claims, damages, awards, judgments, losses, liabilities, obligations, taxes, penalties, interest, fees, expenses (including attorneys' fees and expenses), and costs (including court costs, settlement costs, and costs of pursuing indemnification and insurance), regardless of their nature and whether they are known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, arising in tort, contract, or otherwise (collectively referred to as "Claims"). These Claims may include damages to property, personal injury, or any other harm caused by or related to (a) your use or misuse of the Service, content, NFTs, or any content linked to or associated with NFTs, (b) any Feedback you provide, (c) your violation or breach of any term in these Terms or applicable law, (d) your violation of the rights or obligations owed to a third party, including another user or third party, and (e) your negligence or willful misconduct. You agree to promptly notify Depicted of any Claims and cooperate with Depicted Parties in the defense of such Claims. This indemnification provision is in addition to, and not in substitution for, any other indemnities specified in a written agreement between you and Depicted. You agree to fully indemnify, pay for and or reimburse Depicted for any claims or legal matters in connection with Depicted.

Disclaimers

Your access to and use of the Service are undertaken at your own risk. You acknowledge and agree that the Service is provided on an "as is" and "as available" basis, and Depicted explicitly disclaims any warranties or conditions, whether express or implied. Depicted and its suppliers make no warranty or representation and assume no responsibility for whether the Service: (a) meets your requirements; (b) is available on an uninterrupted, timely, secure, or error-free basis; or (c) is accurate, reliable, complete, legal, or safe. Depicted disclaims all other warranties or conditions, express or implied, including, but not limited to, implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement. Depicted will not be liable for any loss resulting from any action taken or taken in reliance on material or information contained on the Service. While Depicted strives to make your access to and use of the Service safe, it cannot guarantee that the Service, content, content linked to or associated with any NFTs, or any NFTs you interact with using the Service or our service providers' servers are free of viruses or other harmful components. We cannot guarantee the security of any data you disclose online. No advice or information, whether oral or obtained from Depicted Parties or through the Service, will create any warranty or representation not expressly stated in these Terms. You accept the inherent security risks of providing information and conducting online transactions over the Internet and will not hold Depicted responsible for any security breaches.
We will not be responsible or liable to you for any loss, and we assume 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: (a) user errors, incorrectly constructed transactions, or mistyped addresses; (b) server failure or data loss; (c) unauthorized access or use; (d) any unauthorized third-party activities, including viruses, phishing, brute-forcing, or other means of attack against the Service or NFTs.
NFTs exist solely based on the ownership record maintained in the associated blockchain (e.g., Ethereum network). Any transfers or sales occur on the associated blockchain (e.g., Ethereum). Depicted and/or any other Depicted Party cannot affect or control the transfer of title or rights in any NFTs or underlying or associated content or items.
No Depicted Party is responsible or liable for any sustained losses or injuries 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 Depicted Party is responsible for losses or injuries due to delayed reports or no reports at all by developers or representatives regarding any issues with the blockchain supporting the NFTs, including forks, technical node issues, or any other issues resulting in losses or injuries.
Please note that some jurisdictions may not allow the exclusion of implied warranties in contracts with consumers, so the above exclusion may not apply to you.

Risk Notice and Assumption

You acknowledge and agree to the following:
The value of an NFT is subjective, and prices can fluctuate due to volatility in cryptocurrency prices. You understand and accept this subjectivity and volatility, recognizing that there is a risk of financial loss.
You are responsible for any fees associated with using the Service, including fees for blockchain transactions, regardless of whether the transaction is successful. These fees are final and cannot be reversed
The development and utility of distributed ecosystems and related applications, including NFTs, may be negatively affected by a lack of use or public interest in those ecosystems.
The regulatory landscape surrounding blockchain technologies, non-fungible tokens, cryptocurrency, and other crypto-based items is uncertain, and new regulations or policies may have adverse effects on the development of the Service and the utility of NFTs.
It is your sole responsibility to determine and comply with any applicable taxes related to your transactions, including withholding, reporting, and remitting the correct amounts to the appropriate tax authorities. Depicted is not responsible for handling or remitting taxes on your behalf.
There are risks associated with purchasing items linked to third-party content through peer-to-peer transactions. These risks include the possibility of counterfeit items, mislabeled items, items with metadata decay, items on buggy smart contracts, and items that may become untransferable. You represent and warrant that you have conducted sufficient research before engaging in any transactions involving NFTs or accounts/collections.
Depicted does not own or control the smart contracts deployed by third parties, and it makes no guarantees regarding their operation and functionality.
Depicted does not have control over the public blockchains you interact with, nor does it control certain smart contracts and protocols that may be necessary for completing transactions on those blockchains. Additionally, blockchain transactions are irreversible, and Depicted has no ability to reverse any transactions.
There are risks associated with using internet and blockchain-based products, including hardware and software vulnerabilities, internet connection issues, the introduction of malicious software, and the possibility of unauthorized access to your third-party wallet or account. You acknowledge that Depicted will not be held responsible for any communication failures, disruptions, errors, distortions, or delays you may experience while using the Service or any blockchain network.
The Service relies on third-party platforms and vendors. If Depicted is unable to maintain a good relationship with these providers, if the terms and conditions or pricing of these providers change, if Depicted violates or cannot comply with their terms and conditions, or if these providers lose market share or become unavailable for an extended period, access to and use of the Service may be affected.
Depicted reserves the right to hide collections, contracts, and items affected by various issues, including those mentioned above. As a result, items you purchase may become inaccessible on Depicted. In such cases, the inability to view items on Depicted or to use the Service in conjunction with the purchase, sale, or transfer of items available on blockchains does not constitute grounds for a claim against Depicted.
If you have a dispute with other users, you release Depicted from any claims, demands, and damages arising from or connected to such disputes. By agreeing to this release, you expressly waive any protections that would otherwise limit the scope of this release to include claims that you may know or suspect exist in your favor at the time of agreeing to this release.

Lability

To the maximum extent permitted by law, you agree that Depicted and its service providers will not be liable to you or any third party for:
Any indirect, consequential, exemplary, incidental, special, or punitive damages arising from these terms or the Service, including products or third-party sites and products.
Damages related to loss of revenue, profits, business, anticipated savings, use, goodwill, or data, whether caused by strict liability, tort (including negligence), breach of contract, or otherwise, even if Depicted or its service providers have been advised of the possibility of such damages
Any other claim, demand, or damages resulting from or arising out of these terms or the delivery, use, or performance of the Service. Your access to and use of the Service, products, or third-party sites and products are at your own discretion and risk. You will be solely responsible for any damage to your computer system, mobile device, or loss of data resulting from such access and use.
Regardless of anything to the contrary in these terms, Depicted's maximum aggregate liability arising from or related to these terms, the access to and use of the Service, content, NFTs, or any Depicted products or services, shall not exceed the greater of $100 or the amount received by Depicted directly relating to the items that are the subject of the claim. Even if the above-stated remedy fails of its essential purpose, the limitations mentioned will still apply.
Please note that in some jurisdictions, the exclusion or limitation of incidental or consequential damages may not be allowed, and certain jurisdictions may limit disclaimers or limitations of liability for personal injury arising from consumer products. Therefore, these limitations or exclusions may not apply to you, especially in cases of personal injury claims.

Privacy Policy

Please refer to our Privacy Policy for information about how we collect, use and share information about you. By submitting your information to Depicted, you expressly agree to the terms of our Privacy Policy and consent to the collection, use and disclosure of your information.

Mandatory dispute resolution

Dispute Resolution: Please carefully review the following Arbitration Agreement in this section, as it governs the resolution of disputes with Depicted and establishes limitations on seeking relief from us. It's important to note that this section does not cover disputes between users or between users and third parties. For such disagreements, Depicted does not provide dispute resolution services, and the parties involved must directly resolve their disputes.
Applicability of Arbitration Agreement: You agree that any dispute, controversy, or claim related to your access or use of the Service, products sold or distributed through the Service, or any aspect of your relationship with Depicted will be resolved through binding arbitration, rather than in court. This includes questions about whether such disputes, controversies, or claims are subject to arbitration. However, please note the following exceptions: (1) Claims that qualify may be raised in small claims court, limited to such court, and brought on an individual, non-representative, and non-class basis. (2) In cases of intellectual property infringement or misuse, either party may seek injunctive or equitable relief in a court with proper jurisdiction.
You agree that the arbitration process will occur under the laws of St Vincent and the Grenadines to the exclusion of all other laws.
Dispute Resolution Process: Both you and Depicted agree to make good-faith efforts to resolve disputes before initiating arbitration, small claims court proceedings, or seeking equitable relief for intellectual property infringement. To initiate this process, you must send a letter describing your claim's nature and desired resolution to: [email protected]. The parties agree to engage in personal, telephonic, or videoconference discussions (referred to as "Conference") to discuss the dispute and strive in good faith for a mutually beneficial outcome that avoids the expenses of arbitration or, where applicable, litigation. If you have legal representation, your counsel may participate in the Conference, but you are required to fully engage in it. Similarly, Depicted may have legal representation involved but must also ensure a company representative fully participates in the Conference. If the dispute remains unresolved after thirty (150) days of initiating this process, either party may commence arbitration, file a claim in small claims court, or pursue injunctive or equitable relief in a court with proper jurisdiction for intellectual property matters, provided the claims qualify.
Survival of Agreement: This Arbitration Agreement will survive the termination of your relationship with Depicted.

Governing Law and Venue

Governing Law and Venue: These Terms and your use of the Service will be governed by, interpreted, and enforced in accordance with the laws of the St Vincent and Grenadines (without regard to conflict of law rules or principles of the St Vincent and Grenadines, or any other jurisdiction that would cause the application of the laws of any other jurisdiction). You agree that any dispute between the parties that is not subject to arbitration as set forth in these Terms cannot be heard in small claims court, and shall be resolved in the state or federal courts of St Vincent and Grenadines, sitting in the appropriate jurisdiction.

Termination

In the event of a breach of any provision in these Terms, all licenses granted by Depicted will automatically terminate. Furthermore, regardless of the content of these Terms, we reserve the right, at our sole discretion and 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 we shall not be liable or obligated to you in such circumstances, and you will not be entitled to a refund of any previously paid amounts. If we terminate your Account or limit your access or use of the Service, you will still retain ownership of your NFTs. You will be able to access your NFTs through public blockchains and other web3 wallets, platforms, and/or websites.

Severability

Severability If any term, clause, or provision of these Terms is determined to be invalid or unenforceable, that specific term, clause, or provision will be considered separate and independent from the rest of the Terms. The invalidity or unenforceability of one part will not affect the validity or enforceability of the remaining parts or other terms and provisions within these Terms.

Injunctive Relief

Injunctive Relief You acknowledge and agree that a breach of these Terms would cause Depicted irreparable harm, for which monetary damages would not be an adequate remedy. Therefore, in addition to any other remedies available under these Terms or applicable law, Depicted shall be entitled to seek equitable relief without the need for a bond, security, or proof of damages.

Survival

All provisions that, by their nature, are intended to survive the termination of these Terms shall remain valid and enforceable even after the termination of these Terms by either Depicted or you. The termination of these Terms will not restrict or limit any other rights or remedies available to Depicted under the law or in equity.

Miscellaneous

These Terms, including any other applicable terms or policies referenced within them, constitute the entire agreement between you and Depicted regarding your access to and use of the Service. Without the prior written consent of Depicted, you are not allowed to transfer or assign these Terms, including any rights or licenses granted under them. Depicted's failure to assert any right or provision under these Terms does not waive that right or provision. No waiver by either party of any breach or default under these Terms shall be deemed a waiver of any preceding or subsequent breach or default. The section headings used in these Terms are for reference purposes only and do not carry any legal weight.
The Service is operated by Depicted in St Vincent and the Grenadines. If you choose to access the Service from locations outside the St Vincent and the Grenadines, you do so voluntarily and are responsible for complying with the applicable local laws. You and Depicted agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply to the interpretation or construction of these Terms.
Except as otherwise explicitly stated, these Terms are intended solely for the benefit of the parties involved and do not confer any rights or benefits on any other person or entity as a third-party beneficiary.