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LAST UPDATED 03.04.2024

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Diamore NFT Marketplace rules

Kaiyo Labs Limited, which is incorporated according to the British Virgin Islands law (hereinafter -  “We”, “Our”, “Us”, “NFT operator”) created these rules to prevent controversial situations during selling, changing NFTs in Diamore Platform (http://diamore.co) (hereinafter - “Platform”) and other related aspects.

We created these NFT Marketplace Rules (hereinafter - “Rules”) to outline the terms and conditions governing the use of Our NFT Marketplace (“Marketplace”) feature, where Users can buy, sell, and exchange NFT items within the context of the Platform`s ecosystem.

Services on the Marketplace in the Platform are regulated by these Rules and the Terms of Use. The NFT Marketplace Rules stipulates specific rules regarding the Marketplace and is applicable in addition to the Terms of Use. Should there be any inconsistencies between these Rules and the Terms of Use, the latter shall prevail.

Please read these Rules carefully before you start using Our Marketplace. By accessing or using Our Marketplace, you signify your understanding, agreement, and compliance with these Rules. If you do not agree with these Rules, please refrain from using the Marketplace. In the event that there is a translation of these Rules into a language other than English, the English version will always prevail. 

Definitions

  • “Terms of Use” shall mean Diamore`s Terms of Use , which are located on the Platform (http://diamore.co ).
  • “User” shall mean a private individual or a legal entity who has created the User Account on the Platform and uses Platform`s Services according to the Terms of Use. The term 'User' also encompasses 'visitors' to the Platform. 
  • User Account shall mean a collection of identification data maintained in electronic form, providing authorized persons with a possibility to use Services provided by Platform, entity to access and interact with the Platform.
  • User's Wallet refers to an external digital wallet, such as MetaMask, WalletConnect, used by the User to store, manage, and interact with NFT. 
  • Services encompasses all functionalities and features provided by Platform and refers to the activities which are described in Section 4 Terms of Use.
  • NFT (Non-Fungible Token) is a digital token that, depending on the stage of User interaction with the Platform, possesses various metadata determining its status and the rights it grants. There are two NFT`s statuses: NFT (not for sale) or NFT (for sale).
  • NFT (not for sale) refers to a NFT that contains information about a certification of the Asset, other characteristics of the Asset and owner`s crypto wallet address. This designation indicates that the NFT is not currently available for transfer. Instead, it serves as a digital record of ownership and authentication for the associated Asset, providing details such as certification status, and unique characteristics of the Asset. The NFT (not for sale) status signifies that the Asset is held or reserved by the current owner and is not listed for sale or transfer on the Platform at the present time.
  • NFT (for sale) refers to a NFT that acts as a digital voucher confirming the conclusion of a custody agreement and the Storage of the Asset in a designated Authorized Storage. Additionally, it includes “Proof of Reserve”, indicating that the Asset associated with the NFT is securely stored and available for sale. This designation signifies that the NFT holder is offering the Asset for sale on the Platform, with all relevant documentation and assurances regarding its custody and availability provided through the NFT's metadata. It serves as a digital representation of ownership and enables potential buyers to verify the Asset's custody status and authenticity before completing a purchase transaction.
  • NFT operator shall mean Kaiyo Labs Limited, which is incorporated according to the British Virgin Islands law.
  • NFT Marketplace (or Marketplace) shall mean a marketplace maintained by the NFT operator on which Users in a p2p format can  buy, sell, and trade NFTs to each other.
  • Listing shall mean  a representation of an NFT (for sale) available for sale or trade on the Marketplace. Listings include descriptions, images, prices, and other relevant information. Listing is visible for all Users.
  • Seller refers to the registered User who offers NFT (for sale) on the Marketplace.
  • Buyer refers to the registered User who purchases or acquires NFT (for sale) from Sellers on the Marketplace.
  • Deal shall mean a specific transaction or agreement between a Buyer and a Seller on the Marketplace. It encompasses the purchase, sale, or trade of NFT (for sale), as well as any associated interactions, communications, and actions leading to the exchange of digital assets. 
  • “Fees” - refers to any charges or costs associated with listing NFT, completing transactions, or using other Services provided by the Platform and Marketplace. 

Any use of the above terminology or other words in the singular, plural, capitalization, and/or he/she or they, are taken as interchangeable and therefore as referring to the same.

1. Access to the NFT Marketplace and User's warranties

1.1. In order to utilize the NFT Marketplace, Users must meet the requirements outlined in Section 2 of the Terms of Use. If you do not meet those criterias, please stop using NFT Marketplace.

1.2. To engage with the NFT Marketplace, Users will need to integrate a Web3 wallet, where their blockchain address will serve as their identity within the Marketplace.

1.3. The User Account will be linked to User`s Wallet blockchain address, displaying the NFT associated with that address.

1.4. By utilizing User`s Wallet on the Marketplace, Users affirm and agree to the following:

1.4.1.They will use the User`s Wallet in accordance with the terms and conditions set by the respective wallet provider.

1.4.2. They are the lawful owner of the User's Wallet and have the legal right to utilize it within the NFT Marketplace.

1.4.3. All information provided in relation to their User Account and associated Wallet is accurate, complete, and up-to-date. The User also agrees to promptly update any information that may change over time.

1.4.4. Users' Wallets are not administered, maintained, or affiliated with the NFT Marketplace, and the NFT Operator does not possess custody or control over the contents of Users' Wallets, nor can it send or receive their contents.

1.4.5. The NFT Operator bears no responsibility to Users regarding their use of the User`s Wallet and does not provide any assurances regarding how the Marketplace will interact with specific wallets.

1.4.6. Users are solely accountable for the security of their User`s Wallets and must refrain from sharing their wallet credentials or seed phrase with anyone.

1.4.7. To abide by all applicable laws and regulations related to the ownership and use of digital assets and cryptocurrencies

1.4.8. If Users encounter any issues with User`s Wallet, they should contact the provider of the wallet.

1.4.9. Users are entirely responsible for their User Accounts and any associated wallets, and We shall not be held liable for any actions or oversights by Users concerning their accounts or due to the compromise of User Accounts or User`s Wallets. However, in the event that Users suspect unauthorized access to their User Accounts or compromise of their User's Wallets, it is their responsibility to promptly notify the User`s Wallet provider and take appropriate measures to mitigate any potential damages. Additionally, in such situations User should give notice to the NFT operator.

1.5. Users must adhere to all applicable laws (e.g., local, state, federal, and other laws) while using the Marketplace.

1.6. To fulfill our legal responsibilities and safeguard the security of our Users and the Marketplace, we reserve the right to limit, suspend, or terminate a User's access to the Marketplace. Users understand that the NFT operator is not obligated to disclose the specifics of its decision to take such actions to a User.

1.7. In certain circumstances, such as upon request by a governmental authority as mandated by law or regulation, to provide a requested service to the User, or to investigate a potential violation of these Rules, the NFT operator may require Users to provide additional information and documents. In such instances, the NFT operator, at its sole discretion, may deactivate the User's Account and/or restrict access to the Marketplace until the necessary information and documents are processed. However, the NFT operator shall endeavor to handle such requests with transparency and fairness, ensuring that Users are provided with clear explanations regarding the need for additional information and the expected timeline for processing. Furthermore, Users shall be given reasonable opportunities to provide the requested information, taking into account their circumstances and any practical constraints they may face. Failure to provide complete and accurate information in response to such requests may result in the NFT operator refusing to restore the User's Access to the Marketplace and User's Account respectively. Nevertheless, the NFT operator commits to handling User data responsibly and in accordance with applicable data protection laws, ensuring the privacy and security of Users' information to the extent reasonably practicable.

1.8. User access to and use of the NFT Marketplace may be occasionally interrupted for various reasons, including equipment malfunctions, periodic upgrades, maintenance or repairs of the Marketplace, geographic restrictions, potential violations of these Rules, or other actions that the NFT operator, at its sole discretion, may take. Users acknowledge that the NFT operator, at its sole discretion, may deactivate a User's Account in such instances. Furthermore, Users understand and agree that the NFT operator shall make reasonable efforts to minimize interruptions and notify Users in advance of any planned maintenance or upgrades whenever possible. However, in situations where immediate action is necessary to safeguard the integrity or security of the Marketplace, the NFT operator reserves the right to deactivate User accounts without prior notice. Users agree to cooperate with any instructions provided by the NFT operator during such interruptions and understand that they will not hold the NFT operator liable for any inconvenience or loss arising from such interruptions.

2. NFT Marketplace services

2.1. The NFT Marketplace serves as the hub for Users to engage in the buying, selling, and exchanging of NFT within the context of the Platform`s ecosystem.

2.2. Sellers looking to offer their NFTs on the Marketplace create Listings. These Listings include details about the offered NFT, pricing and any other relevant information specific to the NFT being offered. Sellers should ensure that the information provided in their Listings is accurate and complete, including details about the offered NFT's provenance, ownership history, and any associated intellectual property rights. Transparency in Listings enhances trust between Buyers and Sellers within the Marketplace ecosystem.

2.3. When a Buyer wishes to purchase an NFT on the Marketplace, the transaction is termed a "Deal" between the Buyer and the Seller. A Deal commences when a Buyer expresses interest in an NFT listed by a Seller and concludes upon the successful transfer of such NFT as per the agreed-upon terms. Only NFTs with the status “for sale” and with notice “Proof of Reserve" can be Listed on the Marketplace.

2.4. Expression of interest from a Buyer can be indicated by actions like selecting the "Buy" option on the listing page of the NFT. Subsequently, the Deal is finalized upon the successful transfer of NFT from Seller to Buyer on Buyer`s User`s Wallet, adhering to the mutually established terms between the Buyer and the Seller.

2.5. The completion of a Deal indicates the successful execution of the transaction, marking the transfer of ownership rights for the NFT from the Seller to the Buyer.

2.6. Sellers have the sole authority to determine and establish the prices of NFTs they offer. 

2.7. The Marketplace may levy certain fees for its services. However, it does not establish, collect, or govern other associated costs, fees, and expenses related to NFT transactions. 

2.8. Each party bears the responsibility for any taxes imposed on their income or property. Sellers or Buyers are accountable for the payment of such fees and taxes. Furthermore, engaging with the blockchain may incur transaction fees or gas charges imposed by the network, for which users are solely liable. Gas charges refer to fees supporting the decentralized blockchain network's operations, necessitating payment for each transaction conducted on the network.

2.9. Transactions within the Marketplace must occur exclusively through the User`s Wallet linked to the Platform. The NFT operator holds no authority or control over these transactions and cannot annul any of them. Consequently, the NFT operator holds no liability towards Users or third parties for any claims or damages arising from transactions conducted on the NFT Marketplace. While we do not have authority over transactions conducted through User's Wallets, we commit to implementing security measures to safeguard User data and prevent unauthorized access. Furthermore, we shall cooperate with legal authorities in cases of fraudulent or illicit activities conducted on the Marketplace.

2.10. Although the NFT operator provides a trading platform for NFTs, it does not engage in the buying, selling, or custody of NFTs, nor does it act as an agent or custodian for Marketplace Users. The NFT operator is not party to any agreements between Users. Users are solely responsible for verifying the identity, legality, and authenticity of NFTs purchased from third-party vendors on the Marketplace. We make no assertions, warranties, or endorsements regarding user identity, legality, functionality, or the authenticity of NFTs available on the Marketplace.

2.11. The NFT operator is not responsible for enforcing purchase and sale terms or for mediating disputes related to NFTs, including disputes concerning authenticity or intellectual property rights associated with NFTs.

3. User's obligations

3.1. Users may and undertake to sell on the Marketplace only those NFTs that have been issued by the Platform or its affiliates as part of the provision of its Services. Access and illegal placement of any other NFTs will result in termination of the User's access to the Marketplace NFTs. The consequences of termination of User access to the Platform are governed by the Terms of Use.

3.2. In addition to the above, the User also undertakes to: 

3.2.1. Read, understand, and comply with all the Rules set forth by the NFT Marketplace.

3.2.2. Complete transactions promptly and in good faith. Users should not engage in fraudulent activities, including but not limited to payment scams, chargebacks, or unauthorized access to funds.

3.2.3. Know and understand how blockchain works, web-3 wallets and transactions between them, and other aspects that are in some way related to virtual assets and are necessary to use the Marketplace

3.2.4. In the event of a dispute between Users, Users are expected to cooperate in good faith with the Marketplace's dispute resolution process and abide by any decisions or resolutions made by the Marketplace. Users acknowledge that the Marketplace may participate in resolving disputes, acting as a mediator or facilitator, and Users agree to accept and comply with any decisions made by the Marketplace in this regard.

3.2.5. Review and adhere to any updates or changes to the Marketplace's Rules, policies, or Terms of Service. Continued use of the marketplace constitutes acceptance of these updates or changes. Users are encouraged to regularly review the Rules and policies to stay informed about any modifications that may affect their use of the Marketplace.

3.3. The User also agrees NOT to:

3.3.1. Impersonate another person or entity or use the User Wallet for transactions on the NFT Marketplace owned or controlled by any other individual or entity.

3.3.2. Lay claim to a user name on the NFT Marketplace with the intention of reselling it, misrepresenting it, gaining favor with others, or engaging in name hijacking.

3.3.3. Utilize the NFT Marketplace in a manner that could harm, disable, overload, or hinder its operation.

3.3.4. Circumvent or disregard the rules, guidelines, and other policies governing access to the Marketplace.

3.3.5. Employ the NFT Marketplace for commercial purposes that contradict these Rules or any other policies.

3.3.6. Attempt to bypass any commission system established by the NFT Marketplace.

3.3.7. Directly or indirectly use the NFT Marketplace for money laundering, terrorist financing, or other illicit financial activities, or in violation of any applicable laws or regulations.

3.3.8. Engage in any financial activities requiring registration or licensing on the NFT Marketplace, including creating, offering, selling, or buying securities, commodities, options, or debt instruments.

3.3.9. Utilize the NFT Marketplace for price manipulation, fraud, or other deceptive, misleading, or manipulative practices.

3.3.10. Participate in the buying, selling, or transferring of stolen, fraudulently obtained, unauthorized, or otherwise illegally obtained items on the NFT Marketplace.

3.3.11. Infringe upon intellectual property rights or any other rights of others.

3.3.12. Employ proceeds derived from illegal activities or wallets associated with illegal activities on the NFT Marketplace.

3.3.13. Utilize the NFT Marketplace in a manner that may disrupt, interfere with, adversely affect, or prevent other Users from fully utilizing the Platform.

3.4. Violations of obligations set in this Section 3 may result in User Account suspension, termination, or other penalties which could be determined by the Marketplace, in its sole discretion.

4. NFT Operator's rights

4.1. The NFT operator retains full authority to enforce compliance with these Rules and any additional rules governing the NFT Marketplace. This includes the right to take necessary and appropriate actions in response to violations, aimed at upholding the integrity of the Marketplace and ensuring a secure and enjoyable experience for all Users.

4.2. In the event of a breach of these Rules or any other Marketplace regulations, NFT operator reserves the right to implement various measures, including but not limited to:

4.2.1. Immediate removal of any Listing found to violate these Rules or the Terms of Use. Listings contravening platform guidelines will be promptly taken down.

4.2.2. Termination User Account, if a User repeatedly violates these Rules or engages in activities detrimental to the Marketplace's integrity.

4.2.3. In cases where a User's actions are harmful to the Platform's community or violate rules, specific features or areas of the Marketplace may be restricted for the offending User.

4.2.4. In instances of serious violations or unlawful activities, the NFT operator may pursue legal action against the responsible User to safeguard the Marketplace's integrity and protect the rights and interests of the broader User community.

4.3. It's important to note that these measures are implemented at the NFT operator's sole discretion. The purpose of such actions is to ensure a fair, secure, and welcoming environment for all users, promoting responsible and ethical engagement within the platform's ecosystem.

5. Licensing and copyrights

5.1 To access and use the Marketplace, the NFT operator grants the User a limited, non-exclusive, non-transferable, non-sublicensable personal license, contingent upon the User's adherence to these Rules.

5.2 If any software, content, or materials owned, controlled, or licensed by the NFT operator are provided to Users as part of their use of the Marketplace, Users are granted a non-commercial, personal, non-transferable, non-sublicensable, and non-exclusive right and license to access and display such software, content, and materials.

5.3 The NFT Marketplace, including its design, is the property of the NFT operator or its affiliates, licensors, and Users agree not to take any action contrary to these ownership interests. The NFT operator, its affiliates, licensors, and Users, as applicable, reserve all rights regarding the Marketplace and its content.

5.4 Technical updates to the NFT Marketplace: We will periodically enhance and update the NFT Marketplace to ensure Users have the best possible experience. These updates may occur without prior notice, and it is the User's responsibility to use the most current version of the Marketplace.

6. Users complaints

6.1. The NFT Operator is dedicated to safeguarding the well-being of our user community. If you encounter instances of suspicious, unethical, or harmful behavior by another User while utilizing our Marketplace, we urge you to promptly report such incidents. This "Users Complaints" section outlines the procedure for lodging complaints, the necessary information to provide, and the expected response timeframe.

6.2. Please be aware that while we may take certain measures against Users, we are not accountable for their behavior. Users bear sole responsibility for their actions on the NFT Marketplace.

6.3. To file a complaint regarding a user's behavior or actions, please contact us via email at: support@diamore.co.

6.4. For an effective review and resolution of your complaint, we recommend that you:

6.4.1. Provide a detailed description of the incident, including dates, times, and any pertinent information that aids in understanding the context. Clearly specify the User against whom you are filing the complaint.

6.4.2. If applicable, attach any supporting evidence such as screenshots, images, or relevant documentation that can offer clarity or bolster your complaint.

6.5. We endeavor to address your complaints expeditiously, minimizing delays in resolution and further frustration for the affected parties. Our dedicated team meticulously reviews each complaint.

7. Disclaimer of warranties

7.1. Your use of the NFT Marketplace is at your sole risk. The NFT Marketplace is provided on an "AS IS" and "AS AVAILABLE" basis. We expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. NFT operator warns that:

  • the NFT Marketplace may not necessarily meet all your requirements;
  • there may be interruptions, delays, or security issues with the NFT Marketplace;
  • the results obtained from using the NFT Marketplace might not always be accurate or reliable;
  • the quality of NFT Marketplace may not always meet your expectations;
  • there's no guarantee that your messages, data, or information will not be lost;
  • any advice or information obtained from the NFT Marketplace, whether oral or written, does not create any warranty beyond what's expressly stated in these Rules.

7.2.The Website's security, continuity, and error-free operation are not guaranteed by us or any of our third-party licensees. NFT OPERATOR MAKES NO WARRANTY THAT THE NFT MARKETPLACE WILL FUNCTION OR OPERATE IN CONJUNCTION WITH ANY OTHER PRODUCT OR SOFTWARE OR THAT IT WILL BE FREE OF VIRUSES, WORMS, OR TROJAN HORSES.

7.3. You explicitly recognize and consent that using the NFT Marketplace is entirely at your own risk, and neither the NFT operator nor any of its affiliates shall bear any liability for any termination, interruption of service, delays, errors, performance failures, defects, line failures, or omissions associated with the Marketplace or your utilization of it. If you are dissatisfied with the NFT Marketplace or its content, your sole recourse is to discontinue using the Marketplace.

8. Limitation of liability

8.1. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NFT OPERATOR AND ITS AFFILIATES, SHAREHOLDERS, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AND OTHER BUSINESS PARTNERS (REFERRED TO COLLECTIVELY AS THE "RELATED PARTIES") HEREBY WAIVE ALL LIABILITY, WHETHER ARISING FROM CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND FURTHER DISCLAIM ALL TYPES OF LOSSES, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA, OR LOST PROFITS) ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF THE DIAMORE PLATFORM AND/OR SERVICES, EVEN IF DIAMORE AND/OR THE RELATED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NEITHER WE NOR THE RELATED PARTIES ARE LIABLE FOR ANY ACTIONS TAKEN BY MERCHANTS, DELIVERY SERVICES OR THEIR FAILURE TO DELIVER ASSETS. WITHOUT LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCES SHALL DIAMORE OR ANY OF THE RELATED PARTIES, NOR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS, OR OTHER REPRESENTATIVES, BE LIABLE FOR AN AMOUNT GREATER THAN EITHER THE SUM YOU PAID TO US DURING THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO YOUR CLAIM OR 100 USD.

8.2. YOU ALSO ACKNOWLEDGE AND COMPREHEND THAT NFT OPERATOR DOES NOT FUNCTION AS A WALLET PROVIDER, EXCHANGE, BROKER, DEALER, FINANCIAL INSTITUTION, PAYMENT PROCESSOR, MONEY SERVICES BUSINESS, OR LENDER. THEREFORE, NFT OPERATOR SHALL NOT BE LIABLE FOR ANY ISSUES THAT MAY ARISE IN CONNECTION WITH THE PROVISION OF SUCH SERVICES.

9. Governing law and disputes resolution

9.1 These Rules are subject to the laws of the British Virgin Islands (the BVI) and shall be interpreted accordingly. Any disputes arising from these Rules shall be exclusively governed by the BVI`s courts, where the claim is to be filed. However, we reserve the right to initiate legal proceedings against you for any violation of these Rules in your country of residence, registration, business, or any other relevant jurisdiction.

9.2. By utilizing our NFT Marketplace, you consent to resolving any disputes between NFT operator and yourself on an individual basis, without resorting to class action. Additionally, you agree that any legal actions resulting from such disputes shall be conducted solely in the courts of the BVI, or as otherwise directed by us, and you hereby submit to the jurisdiction of such courts for litigation purposes.

9.3. Should any provision of these Rules be deemed invalid and/or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain valid and enforceable to the fullest extent permitted by law. The User agrees to substitute any unlawful and/or unenforceable provision with a valid and/or enforceable provision that best reflects the intention and economic impact of the invalid and/or unenforceable provision, which shall be construed favorably, when feasible, to the advantage of NFT operator.

10. Changes to the rules

10.1. We regularly revise these Rules, thus we encourage you to check them periodically. Any changes will be made available on the Platform. Additionally, we may opt to inform you of significant modifications via email in certain situations.

10.2. BY CONTINUING TO UTILIZE THE NFT MARKETPLACE AFTER ANY CHANGES TO THESE RULES TAKE EFFECT, YOU SIGNIFY YOUR ACCEPTANCE OF THOSE CHANGES. SHOULD ANY ALTERATIONS TO THESE RULES BE UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO DISCONTINUE ACCESSING, BROWSING, AND UTILIZING THE NFT MARKETPLACE.