Effective Date: Sept 8, 2022
Overview
Welcome to Blush Design, Inc. d/b/a NftCollectible (“Company”, “we”, “our”, “us”)! You’ve clicked on our Terms of Service (“Terms”), which governs how you can use our services and website. Please pause, grab a cup of coffee, and carefully read the following pages. It will take you approximately 8 minutes and includes important information about your rights and how you can use our website, platforms, products and technologies (collectively, the “Site”) and our services (“Services”) and products.
These Terms are important, so we ask you to read them very carefully. We’re going to say that again in bold so that you don’t miss it:
WE ASK YOU TO READ THESE TERMS CAREFULLY BECAUSE BY ACCESSING OR USING OUR SITE, BY CLICKING OR CHECKING ANY BUTTONS THAT STATE YOU AGREE TO THESE TERMS, OR BY USING OUR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS ALL TERMS INCORPORATED BY REFERENCE.
Before we get into the specific terms and conditions, you need to know that these Terms include binding arbitration and class action waiver provisions. Those terms can affect your rights to file a lawsuit against us and we have provided you an opportunity to opt out of some of those terms if you don’t agree with them. Again, in bold:
IMPORTANT NOTICE: THESE TERMS OF SERVICE CONTAIN A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS AS DETAILED IN THE DISPUTE RESOLUTION AND CLASS ACTION WAIVER SECTION BELOW. PLEASE READ CAREFULLY.
OK! Before we get into the nitty gritty of our terms and conditions, you also need to know that we may change these Terms from time to time. If we make changes, we will provide you with notice of such changes, such as by providing a notice through our Site or by updating the Effective Date at the top of the Terms. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of our Site after we provide such notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop using our Site or Services.
If you have any questions about these Terms or our Site or Services please contact us.
- PRIVACY: For information about how we collect, use, share and otherwise process information about you, please see our Privacy Policy.
- CONSENT TO USE OF DATA AND MOBILE COMMUNICATION: You consent to our communicating with you about the Site and our services by SMS, text message, e-mail, or other electronic means. Your carrier’s normal messaging, data and other rates and fees will apply to these communications.
- ACCESSING OUR SERVICES: Your blockchain address functions as your identity on our Site. Accordingly, you will need a blockchain address that accepts Ethereum to access the Services, such as MetaMask. By using your wallet in connection with the Services, you agree that you are using that wallet under the terms and conditions of the applicable provider of the wallet. Wallets are not operated by, maintained by, or affiliated with us, and we do not have custody or control over the contents of your wallet and have no ability to retrieve or transfer its contents. We accept no responsibility for, or liability to you, in connection with your use of a wallet and we make no representations or warranties regarding how the Services will operate with any specific wallet. You are solely responsible for keeping your wallet secure, If you discover an issue related to your wallet, please contact us here. You agree to immediately notify us if you discover or otherwise suspect any security issues related to the Services.
After you complete a transaction on our Site we may create a file or suite of files that is hosted on a third-party site or platform. We strive to ensure that those files are error- and bug-free, however, we cannot guarantee that the third-party platform or service will be always fully operational or provide error- or bug-free copies of the hosted image assets. If you discover an issue related to our image assets, including related to their third-party hosting, please contact us immediately.
We may require you to provide additional information and documents in certain circumstances, such as at the request of any government authority, as any applicable law or regulation dictates, or to investigate a potential violation of these Terms. In such cases, we, in our sole discretion, may block your ability to access the Services until such additional information and documents are processed by us. If you do not provide complete and accurate information in response to such a request, we may refuse to restore your access to the Services.
Your access and use of the Services may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance, or repair of the Services or other actions that we, in our sole discretion, may elect to take. You also understand and agree that we are granting you a non-transferable, non-exclusive, revocable, limited license to use and access the Services, which we may terminate at any time.
In connection with your limited license to access and use the Services, you agree that you shall not:
* license, sell, rent, lease, transfer, assign, distribute, host or otherwise commercially exploit any part of the Services, or any content displayed on the Services without our prior written authorization;
* modify or alter any part of the Services;
* access the Services through any technology or means other than the technology provided on the Services, or other authorized means we may designate; and
* sell access to the Services, or sell advertising, sponsorships or promotions within the Services of the content on the Services without our prior written approval.
We reserve the right at any time, to modify, suspend or discontinue the Services with or without notice to you.
We require all users to be at least 18 years old. If you are at least 13 years old but under 18 years old, you may only use our Services through a parent or guardian’s wallet and with their approval and oversight. That account holder is responsible for your actions using the Services. It is prohibited to use our Services if you are under 13 years old.
4. TERMS OF SALE: The following terms apply to your purchase of the products or Services offered on the Site.
Descriptions. We try to make the Site thorough, accurate, and helpful to our customers. Nonetheless, there may be times when certain information contained on the Site may be incorrect, incomplete, inaccurate, or appear inaccurate because of the browser, hardware, or other technology that you use. We apologize in advance for any such errors that may result in an incorrect price, inaccurate description, item unavailability or otherwise affect your order. We reserve the right to correct errors (whether by changing information on the Site or by informing you of the error and giving you an opportunity to cancel your order) or to update product information at any time without notice.
Availability and Pricing. We reserve the right to change the prices and available Services at any time. We may occasionally make errors in the stated prices on this Site. If a product’s correct price is higher than the listed price, we will, in our discretion, either confirm the correct price with you or cancel your order and notify you of such cancellation.
Purchases. The display of Services on the Site invites you to make us an offer to buy the Services or products. Your order is an offer to purchase, which we accept by either (a) providing you access to the Services or product or (b) accepting payment. Any confirmation that you receive after placing an order does not constitute an acceptance of your offer and is subject to correction in the event of inaccuracies, errors, unavailability, or for any other reason. Any refunds for purchases are subject to the terms and conditions below.
Orders. We have the right to refuse or limit any orders. We will not be liable if a product or our Services are unavailable or delayed.
Refunds. Payments are nonrefundable.
Payment Issues. We may cancel a payment or prevent you from initiating future payments for any reason, including, without limitation, the following: (i) if you attempt to use the Services in breach of any applicable law or regulation; (ii) if we suspect fraudulent, unlawful or improper activity regarding a payment; or (iii) failure to cooperate in an investigation or provide additional information when requested.
5. THIRD-PARTY PLATFORMS: From time to time, we may employ third-party websites, platforms, service providers, or applications to provide the Services or access to the products, including image assets, in whole or part (“Third-Party Platforms”). In the event we use a Third-Party Platform, you are responsible for familiarizing yourself with that Third-Party Platform and its technical and legal requirements and policies.
6. SYSTEM REQUIREMENTS: Use of the Services and Site requires one or more compatible devices, Internet access (fees may be apply), and certain software (fees may apply), and may require obtaining updates or upgrades from time to time. Because use of the Services and Site involves hardware, software, and Internet access, your ability to access and use the Services and Site may be affected by the performance of these factors. High speed Internet access is recommended. You acknowledge and agree that such system requirements, which may be changed from time to time, are your responsibility.
7. NO Nftcollectible OWNERSHIP IN ANY CONTENT YOU CREATE WITH GENERATOR: Our Site may allow you to create your own unique content through the our Generator (“Generated Content”). Our goal is to help you make the Generated Content for your project.
GENERATED CONTENT IS YOURS AND WE EXPRESSLY DISCLAIM ANY OWNERSHIP RIGHTS IN YOUR GENERATED CONTENT AND HAVE NO RIGHT TO USE OR EXPLOIT YOUR GENERATED CONTENT ABSENT YOUR EXPRESS WRITTEN PERMISSION TO DO SO.
However, you cannot create any Generated Content that violates our Terms. You represent and warrant to us that your Generated Content and the source and underlying materials used in creating the Generated Content, will not violate any rights of or cause injury to any person or entity.
Need help?
Contact us at support@nftcollectibles-ltd.com for questions related to refunds and returns.